Friedrich v. Marvel DOCKET (S.D.N.Y.)

SDNY CM/ECF Version 4.
https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?675177099496...
CASREF, ECF, REOPEN
U.S. District Court Southern District of New York (Foley Square) CIVIL DOCKET FOR CASE #: 1:08-cv-01533-KBF-JCF
Gary Friedrich Enterprises, LLC. et al v. Marvel Enterprises, Inc. et al Assigned to: Judge Katherine B. Forrest Referred to: Magistrate Judge James C. Francis Case in other court: USDC-SDIL, 07cv230 Cause: 28:1338 Copyright Infringement Plaintiff Gary Friedrich Enterprises, LLC. represented by Charles Kramer Riezman Berger, P.C. 7700 Bonhomme Ave 7th Floor St. Louis, MO 63105 (314) 727-0101 Fax: (314) 727-6458 Email: ckramer@riezmanberger.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel N. Bloom Riezman & Blitz 7700 Bonhomme Avenue 7th Floor St. Louis, MO 63105 (314)727-0101 LEAD ATTORNEY ATTORNEY TO BE NOTICED Dawn Kamadulski O'Leary Roth Evans P.C. 2421 Corporate Centre Drive Suite 101 Granite City, IL 62040 (618)931-5000 Fax: (618)-931-6474 Email: dawn0oleary@gmail.com LEAD ATTORNEY PRO HAC VICE Date Filed: 02/14/2008 Jury Demand: Plaintiff Nature of Suit: 820 Copyright Jurisdiction: Federal Question
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SDNY CM/ECF Version 4.2
ATTORNEY TO BE NOTICED Eric W. Evans Roth Evans P.C. 2421 Corporate Centre Drive Suite 101 Granite City, IL 62040 (618)931-5000 Fax: (618)-931-6474 Email: ewevans@rothlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED J. Thomas Long Roth Evans P.C. 2421 Corporate Centre Drive Suite 101 Granite City, IL 62040 (618)931-5000 LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph D. Schneider Riezman Berger, P.C. 7700 Bonhomme Ave 7th Floor St. Louis, MO 63105 (314) 727-0101 Fax: (314) 727-6458 Email: schneider@riezmanberger.com LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Nelson L. Mitten Reizman Berger, P.C. 7700 Bonhomme Avenue 7th Floor St. Louis, IL 63105 (314)727-0101 LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard Frederick Lesser Simon Lesser P.C.
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420 Lexington Ave New York, NY 10170 (212)599-5455 Fax: (212) 599-5459 Email: llesser@simonlesser.com ATTORNEY TO BE NOTICED Plaintiff Gary Friedrich represented by Charles Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel N. Bloom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dawn Kamadulski O'Leary (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Eric W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED J. Thomas Long (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph D. Schneider (See above for address) LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED Leonard Frederick Lesser (See above for address) ATTORNEY TO BE NOTICED
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V. Defendant Marvel Enterprises, Inc. a Delaware corporation represented by David Fleischer Haynes and Boone, LLP (NY) 30 Rockefeller Plaza 26th Floor New York, NY 10112 212-659-7300 Email: david.eischer@haynesboone.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett Sidley Austin LLP One South Dearborn Street Chicago, IL 60603 (312) 853-9524 Fax: (312) 853-7036 Email: scatlett@sidley.com TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE Defendant Marvel Entertainment, Inc. a Delaware corporation represented by Alastair Wood Paul Hastings LLP (NY) 75 East 55th Street New York, NY 10022 (212)-318-6443 Fax: (212)-230-7716 Email: alastairwood@paulhastings.com TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick Paul Hastings LLP (NY)
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75 East 55th Street New York, NY 10022 (212) 318-6751 Fax: (212) 230-7691 Email: jodikleinick@paulhastings.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE Defendant Marvel Studios, Inc. a Delaware corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE Defendant Marvel Characters, Inc. a Delaware corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer
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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE Defendant Hasbro, Inc. a Rhode Island Corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Take Two Interactive Software, Inc. a Delaware corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick
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(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE Defendant Columbia Tri-Star Motion Picture Group a joint venture represented by Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE David Fleischer (See above for address) ATTORNEY TO BE NOTICED Defendant Columbia Pictures Industries, Inc. a Delaware corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE Defendant
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Crystal Sky Pictures a California Corporation
represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE
Defendant Relativity Media L.L.C. a California Corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE
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Defendant Michael De Luca Productions, Inc. a California Corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY PRO HAC VICE Defendant Sony Pictures Entertainment, Inc. a Delaware corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY
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PRO HAC VICE Defendant 3 Day Blinds Defendant A&A Global Industries Defendant ABDO Publishing Defendant Adorable Kids Defendant Art. Com Inc. Defendant Artimonde Trading Inc. Defendant Asgard Press Defendant AST Sportwear Inc. Defendant Becker and Mayer LLC Defendant Berkshire Fashions Defendant Best Brands Consumer Products Inc. Defendant Biodome Defendant Bowen Designs Defendant Brown Shoes
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Defendant Buster Brown & Co. Defendant Buy Rite Designs TERMINATED: 09/14/2011 Defendant Calego International TERMINATED: 09/14/2011 Defendant C&D Visionary Defendant Clicks Worldwide Defendant Corbis Corporation Defendant Comic Images Defendant Conopco Inc. TERMINATED: 09/14/2011 doing business as Unilever TERMINATED: 09/14/2011 doing business as Unilever Canada, Inc. TERMINATED: 09/14/2011 Defendant CSS Industries Defendant DCL Motion Pictures LLC Defendant Courage Brands Inc. Defendant
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DCL Motion Pictures, LLC Defendant Desperate Enterprises, Inc. Defendant Diamond Select Toys and Collectibles LLC Defendant Doris Kindersly Ltd. Defendant Every Pictures Tells a Story Defendant Fantasy Flight Games Defendant Funline Merchandise Defendant Gamer Graphics Defendant Gelaskins TERMINATED: 09/14/2011 Defendant Gentle Giant Ltd. TERMINATED: 07/13/2011 Defendant Graphics Imaging Defendant Hands-On Mobile America Inc. Defendant Hewlett Packard Defendant Hot Topic, Inc.
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Defendant Hugh Defendant Lauter Defendant Levin and Associates Defendant Jago Corp. Asia Limited TERMINATED: 09/14/2011 Defendant JAKKS Pacic, Inc. Defendant Jasman Asia Ltd. TERMINATED: 09/14/2011 Defendant Jay Franco & Sons, Inc. Defendant JPI Acquisition Group doing business as Disguise Inc. Defendant Johnny Blaze Sportswear Defendant K2, Inc. Defendant Kellytoy (USA) Defendant Klutz Defendant Kotobukiya Defendant
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KHQ Investment LLC Defendant KDT USA Defendant KSM Superhero Ltd. TERMINATED: 09/14/2011 Defendant KSM Enterprise Inc. TERMINATED: 08/25/2011 Defendant LaserMarch Inc. Defendant Leap Year Publishing Defendant LF USA Inc. Defendant Lowrider Technology Group, Inc. TERMINATED: 09/14/2011 Defendant Mad Engine Inc. Defendant Maisto International Inc. Defendant Master Replicas Inc. TERMINATED: 09/14/2011 Defendant Mattel Inc. Defendant Mattel Europa Defendant Mattel Asia Pacica
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Defendant Mattel Overseas Defendant Meredith Corporation Defendant MCA Inc. Defendant MGA Entertainment, Inc. Defendant Mforma Americas Inc. Defendant Mforma Holdings, Ltd. TERMINATED: 09/14/2011 Defendant Medicom TERMINATED: 09/14/2011 Defendant Mighty Fine, Inc. Defendant Mob Town Defendant Monogram International Defendant MZ Berger and Company Defendant NECA Inc. Defendant The National Entertainment Collectibles Association Inc Defendant
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NMTC doing business as Matco Tools, Inc. Defendant NR2B Research, Inc. Defendant NTD Apparel TERMINATED: 09/14/2011 Defendant Nubytech Defendant Photo File, Inc. Defendant Planetwide Games Defendant Pop Culture Graphics, Inc. Defendant Rand International Defendant Raven Software Defendant RC2 Corporation represented by Charles Francis Gfeller Seiger Gfeller Laurie LLP 65 Memorial Road / Suite 340 West Hartford, CT 06107 (860)-760-8400 Fax: (860)-760-8401 Email: cgfeller@sgllawgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William Louis Hurlock Seiger Gfeller Laurie LLP 330 Madison Avenue 6th Fl. New York, NJ 10017
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(212) 653-8865 Fax: (212) 653-8864 Email: whurlock@sgllawgroup.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Defendant Rittenhouse Archive, Ltd. Defendant Sara Lee Corporation doing business as Klutz Defendant Screenlife LLC Defendant Sega Corporation TERMINATED: 09/14/2011 Defendant Sega of America, Inc. Defendant Sideshow Collectibles, Inc. Defendant Sota Toys LLC Defendant Spencer Reed Accessories Ltd. Defendant Spin Master Ltd. TERMINATED: 09/14/2011 Defendant Street Flyers Defendant Stretch-O-Rama, Inc. Defendant
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Swicherz LLC Defendant THQ Inc. Defendant TM International doing business as Saavi doing business as VSI Defendant The Upper Deck Company Defendant Toy Island Manufacturing Company, Ltd. represented by John Joseph Hay Salans, LLP 620 Fifth Avenue New York, NY 10020 212 632-5500 x8457 Fax: 212 632-5555 Email: jhay@salans.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant Toy Things Defendant Trends International LLC Defendant Tri-Coastal Design Defendant Tupperware Brands Corporation TERMINATED: 07/13/2011 Defendant US Nutrition Inc. Defendant Ultimate Licensing Group LLC
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Defendant Union Underwear Company, Inc. doing business as Fruit of the Loom Defendant Universal City Defendant Universal Designs, Ltd. Defendant Vetement Adorable Too TERMINATED: 09/14/2011 Defendant WagerLogic Limited TERMINATED: 09/14/2011 Defendant Walgreen Company Defendant Wear Me Apparel Corp. Defendant Wear Me Apparel LLC Defendant What Kids Want International Defendant What Kids Want, Inc. Defendant Wilton Brands, Inc. Defendant Wilton Industries Inc. Defendant Wiz Kids LLC Defendant
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Yellowman LLC Defendant York Wallcoverings, Inc. Defendant Zazzle, Inc. Defendant Zizzle Holding Limited Defendant MVL International C.V. represented by David Fleischer (See above for address) ATTORNEY TO BE NOTICED
Defendant Marvel Characters B.V. represented by David Fleischer (See above for address) ATTORNEY TO BE NOTICED
Defendant Marvel Entertainment, LLC represented by David Fleischer (See above for address) ATTORNEY TO BE NOTICED
Defendant Marvel International Character Holdings, Inc. Defendant Marvel Worldwide, Inc. represented by David Fleischer (See above for address) ATTORNEY TO BE NOTICED represented by David Fleischer (See above for address) ATTORNEY TO BE NOTICED
Defendant Activision Blizzard, Inc. Defendant Scholastic, Inc. Defendant
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DCL Motion Products TERMINATED: 09/14/2011 All Defendants The Walt Disney Company represented by James W. Quinn Weil, Gotshal & Manges LLP (NYC) 767 Fifth Avenue, 25th Fl. New York, NY 10153 2123108000 Fax: 2128333148 Email: james.quinn@weil.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Randi Wolkenbreit Singer Weil, Gotshal & Manges LLP (NYC) 767 Fifth Avenue, 25th Fl. New York, NY 10153 (212)-310-8000 Fax: (212)-310-8007 Email: randi.singer@weil.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Counter Claimant Marvel Characters, Inc. a Delaware corporation represented by Alastair Wood (See above for address) TERMINATED: 03/07/2008 LEAD ATTORNEY ATTORNEY TO BE NOTICED David Fleischer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jodi Aileen Kleinick (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Steven T. Catlett (See above for address) TERMINATED: 02/11/2010 LEAD ATTORNEY
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PRO HAC VICE V. Counter Defendant Gary Friedrich represented by Charles Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Daniel N. Bloom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dawn Kamadulski O'Leary (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED J. Thomas Long (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph D. Schneider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard Frederick Lesser (See above for address) ATTORNEY TO BE NOTICED Counter Defendant Gary Friedrich Enterprises, LLC. represented by Charles Kramer (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Daniel N. Bloom (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Dawn Kamadulski O'Leary (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Eric W. Evans (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED J. Thomas Long (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Joseph D. Schneider (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Nelson L. Mitten (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard Frederick Lesser (See above for address) ATTORNEY TO BE NOTICED
Date Filed 02/14/2008
Docket Text
1 CASE TRANSFERRED IN from the United States District Court - Southern District of Illinois; Case Number: 3:07cv230 (WDS). Original le with documents numbered 79, certied copy of transfer order and docket entries received.Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich.(jeh) (jeh). (Additional attachment(s) added on 2/22/2008: # 1 1, # 2 1-2, # 3 2, # 4 3, # 5 3-2, # 6 3-3, # 7 3-4, # 8 3-5, # 9 3-6, # 10 3-7, # 11 3-8, # 12 3-9, # 13 3-10, # 14 3-11, # 15 3-12, # 16 3-13, # 17 3-14, # 18 3-15, # 19
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3-16, # 20 3-17, # 21 3-18, # 22 3-19, # 23 3-20, # 24 3-21, # 25 3-22, # 26 3-23, # 27 4, # 28 5, # 29 6, # 30 7, # 31 8, # 32 9, # 33 10, # 34 11, # 35 12, # 36 13, # 37 14) (jeh). (Additional attachment(s) added on 2/22/2008: # 38 15, # 39 16, # 40 17, # 41 18, # 42 19, # 43 20, # 44 21, # 45 21) (jeh). (Additional attachment(s) added on 2/25/2008: # 46 22, # 47 22, # 48 23, # 49 23, # 50 24, # 51 24, # 52 25, # 53 25, # 54 26, # 55 26, # 56 27, # 57 27, # 58 28, # 59 28, # 60 29, # 61 30, # 62 30, # 63 30, # 64 31, # 65 32, # 66 32, # 67 32, # 68 32, # 69 32, # 70 32, # 71 32, # 72 32, # 73 32, # 74 33, # 75 34, # 76 35, # 77 36, # 78 37, # 79 38, # 80 39, # 81 40, # 82 41, # 83 42, # 84 43, # 85 44, # 86 45, # 87 46, # 88 47, # 89 48, # 90 49, # 91 50) (jeh). (Additional attachment(s) added on 3/4/2008: # 92 51, # 93 52, # 94 53, # 95 54, # 96 56, # 97 57, # 98 57-2, # 99 57-3, # 100 57-4, # 101 57-5, # 102 58, # 103 59, # 104 60) (jeh). (Additional attachment(s) added on 3/4/2008: # 105 61, # 106 62, # 107 62-2, # 108 62-3, # 109 62-4, # 110 62-5, # 111 62-6, # 112 62-7, # 113 63, # 114 64, # 115 65, # 116 66, # 117 67, # 118 68, # 119 69, # 120 70-1, # 121 70-2, # 122 71, # 123 72, # 124 73, # 125 74, # 126 75, # 127 75-2, # 128 76, # 129 77, # 130 78, # 131 79, # 132 81, # 133 82, # 134 83, # 135 84, # 136 85, # 137 86, # 138 87, # 139 88, # 140 89) (jeh). (Entered: 02/21/2008) 02/14/2008 02/14/2008 02/14/2008 Magistrate Judge James C. Francis is so designated. (jeh) (Entered: 02/21/2008) Case Designated ECF. (jeh) (Entered: 02/21/2008) Mailed letter to the United States District Court - Southern District of Illinois acknowledging receipt of their electronic le, a certied copy of the transfer order and docket entries. (jeh) (Entered: 02/21/2008) 2 ORDER: That Alatair Wood be withdrawn as counsel to defendants, Marvel Entertainment, Inc., Marvel Studios, Inc. Marvel Characters, Inc., Hasbro, Inc. Take-Two Interactive Software, Inc., Columbia Pictures Industries, Inc. Crystal Sky LLC, Relativity Media, LLC, Michael De Luca Productions, Inc. and Sony Pictures Entertainment Inc. (Signed by Judge Barbara S. Jones on 3/7/2008) (jpo) (Entered: 03/10/2008) 3 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James C. Francis. (Signed by Judge Barbara S. Jones on 4/28/08) (js) (Entered: 04/28/2008) 4 MOTION to Transfer Case. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. Return Date set for 5/28/2008 at 10:00 AM. (Attachments: # 1 Afdavit Moving Afrmation of Leonard F. Lesser, # 2 Exhibit Exhibit A to Moving Afrmation, # 3 Exhibit Exhibit B to Moving Afrmation, # 4 Exhibit Exhibit C to Moving Afrmation, # 5 Exhibit Exhibit D to Moving Afrmation, # 6 Exhibit Exhibit E to Moving Afrmation, # 7
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Exhibit Exhibit F (Part 1) to Moving Afrmation, # 8 Exhibit Exhibit F (Part 2) to Moving Afrmation, # 9 Exhibit Exhibit G to Moving Afrmation, # 10 Exhibit Exhibit H to Moving Afrmation, # 11 Exhibit Exhibit I to Moving Afrmation, # 12 Exhibit Exhibit J to Moving Afrmation, # 13 Exhibit Exhibit K to Moving Afrmation, # 14 Exhibit Exhibit L to Moving Afrmation)(Lesser, Leonard) (Entered: 05/02/2008) 05/02/2008 5 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION to Transfer Case (Memorandum of Law in Support). Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. Return Date set for 5/28/2008 at 10:00 AM.(Lesser, Leonard) Modied on 5/5/2008 (jar). (Entered: 05/02/2008) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DOCUMENT TYPE ERROR. Note to Attorney Leonard Lesser to RE-FILE Document 5 MOTION to Transfer Case Memorandum of Law in Support. Use the document type Memorandum of Law in Support found under the document list Replies, Oppositions, Supporting Documents. (jar) (Entered: 05/05/2008) 6 MEMORANDUM OF LAW in Support re: 4 MOTION to Transfer Case. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. (Lesser, Leonard) (Entered: 05/05/2008) 7 AFFIRMATION of Leonard F. Lesser, Esq. in Support re: 4 MOTION to Transfer Case.. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. (Attachments: # 1 Exhibit A to Moving Afrmation, # 2 Exhibit B to Moving Afrmation, # 3 Exhibit C to Moving Afrmation, # 4 Exhibit D to Moving Afrmation, # 5 Exhibit E to Moving Afrmation, # 6 Exhibit F (Part 1) to Moving Afrmation, # 7 Exhibit F (Part 2) to Moving Afrmation, # 8 Exhibit G to Moving Afrmation, # 9 Exhibit H to Moving Afrmation, # 10 Exhibit I to Moving Afrmation, # 11 Exhibit J to Moving Afrmation, # 12 Exhibit K to Moving Afrmation, # 13 Exhibit L to Moving Afrmation) (Lesser, Leonard) (Entered: 05/05/2008) 8 MOTION to Transfer Case Notice of Motion. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. Return Date set for 5/28/2008 at 10:00 AM.(Lesser, Leonard) (Entered: 05/05/2008) 9 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT MOTION for Leave to Appear Pro Hac Vice. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. Return Date set for 5/28/2008 at 10:00 AM.(Lesser, Leonard) Modied on 5/6/2008 (KA). (Entered: 05/05/2008) 10 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIRMATION of Leonard F. Lesser in Support re: 9 MOTION for Leave to Appear Pro Hac Vice.. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. (Attachments: # 1 Exhibit A to Motion, # 2 Exhibit B to Motion, # 3 Exhibit C
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to Motion, # 4 Exhibit D to Motion)(Lesser, Leonard) Modied on 5/6/2008 (KA). (Entered: 05/05/2008) 05/06/2008 ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Leonard Frederick Lesser to MANUALLY RE-FILE Document No. 9 Motion to Admit Counsel Pro Hac Vice. This document is not led via ECF. (KA) (Entered: 05/06/2008) ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Leonard Frederick Lesser to RE-FILE Document 10 Afrmation in Support of Motion. ERROR(S): Link to incorrect ling of document#9. (KA) (Entered: 05/06/2008) 11 MOTION for Eric Evans, Charles Kramer, Dawn O'Leary and Joseph D. Schneider to Appear Pro Hac Vice. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich.(dle) (Entered: 05/07/2008) 12 MEMO ENDORSED granting 11 Motion for Eric Evans, Charles Kramer, Dawn O'Leary, Joseph D. Schneider to Appear Pro Hac Vice. (Signed by Judge Barbara S. Jones on 5/8/08) (js) (Entered: 05/09/2008) Transmission to Attorney Admissions Clerk. Transmitted re: 12 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (js) (Entered: 05/09/2008) CASHIERS OFFICE REMARK on 12 Order on Motion to Appear Pro Hac Vice in the amount of $100.00, paid on 5/6/08, Receipt Number 649837. (Quintero, Marcos) (Entered: 05/13/2008) Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 5/13/2008 at 11:00 am. Duration: 10 mins (jmi) (Entered: 05/14/2008) 13 MEMORANDUM OF LAW in Opposition re: 8 MOTION to Transfer Case Notice of Motion. Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion to Transfer this Action to the Eastern District of Missouri Pursuant to 28 U.S.C. 1404. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 14 DECLARATION of Jodi A. Kleinick in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture
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Group. (Attachments: # 1 Exhibit A)(Kleinick, Jodi) (Entered: 06/02/2008) 06/02/2008 15 DECLARATION of Eric Nyman in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 16 DECLARATION of Steven Paul in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 17 DECLARATION of Susan Deardorff in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 18 DECLARATION of Aaron Michiel in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 19 DECLARATION of Michael DeLuca in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 20 DECLARATION of Christina Recchio in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc.,
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Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 06/02/2008 21 DECLARATION of Carol Pinkus in Opposition re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Kleinick, Jodi) (Entered: 06/02/2008) 22 REPLY MEMORANDUM OF LAW in Support re: 8 MOTION to Transfer Case Notice of Motion.. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. (Lesser, Leonard) (Entered: 06/19/2008) 23 MEMORANDUM AND ORDER denying 4 Motion to Transfer Case; denying 8 Motion to Transfer Case. Since the balance of convenience clearly favors adjudication in this district rather than in the Eastern District of Missouri, the plaintiffs' motion to transfer venue pursuant to 28 U.S.C. 1404(a) is denied. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 9/4/2008) (tve) Modied on 11/13/2008 (tve). Copies Mailed By Chambers. (Entered: 09/04/2008) 24 ORDER The Court is in receipt of Defendants' September 16, 2008 letter request to address their motion to dismiss pursuant to Fed. R. Civ. P. 12(b) (6), which was made to the District Court for the Southern District of Illinois. Defendants are ordered to provide the Court with two courtesy copies of the fully submitted motion. (Signed by Judge Barbara S. Jones on 9/18/08) (mme) (Entered: 09/19/2008) 25 ORDER that upon review of Judge Stiehl's Order of 9/26/07 and the parties' letter submission thereon, the Court does not believe any decision was made on the merits of defendants' motion to dismiss pursuant to FRCP 12(b)(6). The Court will therefore decide the motion. (Signed by Judge Barbara S. Jones on 9/25/08) (cd) (Entered: 09/25/2008) 26 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Leonard E. Lesser dated 5/8/2009 re: Plaintiff respectfully request that Your Honor schedule a conference pursuant to Rule 16 of the F.R.C.P. to set a discovery schedule. ENDORSEMENT: Application denied. Given the fact that the numerous state claims asserted by the plaintiffs are subject to the pending motion to dismiss, it would be highly inefcient to proceed with discovery before the motion is decided. So Ordered. (Signed by Magistrate Judge James C. Francis on 5/20/2009) (jfe) (Entered: 05/20/2009) 27 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation)
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Particular Motion: Motion to dismiss. Referred to Magistrate Judge James C. Francis. (Signed by Judge Barbara S. Jones on 5/19/2009) (tve) (Entered: 06/05/2009) 06/26/2009 28 REPORT AND RECOMMENDATIONS; I recommend that the defendants motion be granted, and the plaintiffs state law and Lanham Act claims be dismissed. Objections to R&R due by 7/16/2009 (Signed by Magistrate Judge James C. Francis on 6/26/09) Copies Mailed by Chambers.(pl) (Entered: 06/26/2009) 29 OBJECTION to 28 Report and Recommendations 7-10-09 Objections and Memorandum in Support of Objections Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. (Lesser, Leonard) (Entered: 07/10/2009) 30 RESPONSE to Objections to Report and Recommendations. Document led by Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc.. (Kleinick, Jodi) (Entered: 09/10/2009) 31 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Walt Disney Company as Corporate Parent. Document led by Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc..(Fleischer, David) (Entered: 01/14/2010) 32 MEMO ENDORSEMENT re: NOTICE OF WITHDRAWAL, that Steven T. Catlett of Paul, Hastings, Janofsky & Walker LLP hereby withdraws as an attorney of record for defendants Marvel Entertainment, LLC, (successor by merger to Marvel Entertainment, Inc., formerly known and also sued incorrectly as Marvel Enterprises, Inc.), Marvel Studios,Inc., Marvel Characters,lnc., Hasbro, Inc,. Take-Two Interactive Software, Inc.,Columbia Pictures Industries, Inc. Crystal Sky LLC, Relativity Media, LLC, Michael De Laca Productions, Inc. and Sony Pictures Entertainment Inc. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 2/9/10) (pl) Modied on 2/11/2010 (pl). (Entered: 02/11/2010) 33 NOTICE OF CHANGE OF ADDRESS by David Fleischer on behalf of all defendants. New Address: Haynes and Boone, LLP, 1221 Avenue of the Americas, 26th Floor, New York, New York, 10020, 212-659-7300. (Fleischer, David) (Entered: 04/08/2010) 34 ORDER: For all the foregoing reasons, the Court adopts the R&R of Magistrate Judge Francis in its entirety and GRANTS Defendants' partial Motion to Dismiss. (Signed by Judge Barbara S. Jones on 4/30/2010) (jfe) (Entered: 05/03/2010) 35 ANSWER to Complaint. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions,
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Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc..(Fleischer, David) (Entered: 05/17/2010) 06/03/2010 36 MOTION for Bond. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc..(Fleischer, David) (Entered: 06/03/2010) 37 DECLARATION of Eli Bard in Support re: 36 MOTION for Bond.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 06/03/2010) 38 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCUMENT MEMORANDUM OF LAW in Support re: 36 MOTION for Bond.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) Modied on 6/4/2010 (jar). (Entered: 06/03/2010) 39 MEMORANDUM OF LAW in Support re: 36 MOTION for Bond.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Michael De Luca Productions, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc.. (Fleischer, David) (Entered: 06/03/2010) 40 MEMORANDUM OF LAW in Opposition re: 36 MOTION for Bond.. Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. (Attachments: # 1 Moving Afrmation of Joseph D. Schneider, # 2 Exhibit A to Movving Afrmation: Copyright Ofce Certicate of Registration, # 3 Exhibit B to Moving Afrmation: Copyright Ofce Assignment, # 4 Exhibit C to Moving Afrmation: Declaration of Gary Friedrich)(Kramer, Charles) (Entered: 06/17/2010) 41 REPLY MEMORANDUM OF LAW in Support re: 36 MOTION for Bond.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Relativity Media L.L.C., Michael De Luca Productions, Inc., Sony Pictures Entertainment, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take Two
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Interactive Software, Inc., Columbia Tri-Star Motion Picture Group. (Fleischer, David) (Entered: 06/28/2010) 07/09/2010 42 RULE 26(f) DISCOVERY PLAN REPORT.Document led by Gary Friedrich Enterprises, LLC., Gary Friedrich. (Attachments: # 1 Text of Proposed Order Directing Separate Trials)(Kramer, Charles) (Entered: 07/09/2010) Minute Entry for proceedings held before Magistrate Judge James C. Francis: Interim Pretrial Conference held on 7/21/2010. (mro) (Entered: 07/21/2010) 43 RULE 26(f) JOINT DISCOVERY PLAN & ORDER: The parties do not consent to the trial being conducted before a magistrate judge pursuant to 28 U.S.C. 636(c)(1). The parties agree and jointly request that the case be bifurcated into a liability trial, followed by a separate damages trial and that all discovery relating to the fact or amount of changes, including not not limited to the designation of experts on damages issues, be stayed pending the outcome of the liability trial. Fact discovery other than requests to admit and contention interrogatories, shall be completed on or before 2/15/2011, and that all discovery be completed on or before 7/1/2011. Dispositive motions shall be led on or before 7/15/2011. The pretrial order shall be due 30 days after dispositive motions are decided. (Signed by Magistrate Judge James C. Francis on 7/21/2010) (tro) (Entered: 07/22/2010) Set Deadlines/Hearings: Discovery due by 7/1/2011. Motions due by 7/15/2011. (tro) (Entered: 07/22/2010) 44 ORDER DIRECTING SEPARATE TRIALS; pursuant to Rule 42(b) of the Federal Rules of Civil Procedure, in the furtherance of the convenience of all parties, the avoidance of prejudice and in the interests of expedition and economy, separate trials shall be conducted in the above- captioned action, as set forth in this Order. (Signed by Magistrate Judge James C. Francis on 8/3/2010) (ae) (Entered: 08/03/2010) 45 ORDER denying 36 Motion for Bond. None of the relevant factors strongly favors the posting of a bond, and some weigh against it. The defendants' motion to require the plaintiffs to post bond is therefore denied. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 9/1/2010) Copies Mailed By Chambers. (jmi) (Entered: 09/01/2010) 46 STIPULATION AND ORDER GOVERNING THE PROTECTION AND EXCHANGE OF CONFIDENTIAL MATERIAL...regarding procedures to be followed that shall govern the handling of condential material... (Signed by Magistrate Judge James C. Francis on 10/18/10) (pl) (Entered: 10/19/2010) 47 NOTICE of Stipulation consenting to ling counterclaims. Document led by Marvel Characters, Inc.. (Fleischer, David) (Entered: 12/15/2010) 48 COUNTERCLAIM against Gary Friedrich, Gary Friedrich Enterprises, LLC..Document led by Marvel Characters, Inc..(Fleischer, David) (Entered:
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12/15/2010) 12/15/2010 49 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Charles S. Kramer dated 12/14/10 re: counsel for Petitioner respectfully request that this Court amend its Scheduling Order dated July 22, 2010, to modify paragraph 5 to extend the deadline to add parties and amend pleadings to January 12, 2011. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge James C. Francis on 12/15/10) (pl) (Entered: 12/15/2010) 50 STIPULATION AND ORDER SUPPLEMENTING AUGUST 3, 2010 ORDER DIRECTING SEPARATE TRIALS. IT IS HEREBY STIPULATED AND AGREED AS FOLLOWS: 1. All issues concerning plaintiffs' liability on Marvel Characters' rst counterclaim and any afrmative defenses to such liability will be determined in the rst trial. 2. All issues concerning plaintiffs' liability on Marvel Characters' second and third counterclaims and all issues concerning damages pertaining to the rst, second and third counterclaims will be reserved for determination in the second trial to the extent, if any, such claims survive the rst trial. (Signed by Judge Barbara S. Jones on 12/21/10) (rjm) (Entered: 12/22/2010) 51 MOTION to Dismiss Counterclaims of Defendant/Counterclaim Plaintiff Marvel Characters, Inc.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(Kramer, Charles) (Entered: 01/05/2011) 52 MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss Counterclaims of Defendant/Counterclaim Plaintiff Marvel Characters, Inc... Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 01/05/2011) 53 MOTION for Leave to File First Amended Complaint. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit A, # 2 Exhibit 1: Part 1 of 2, # 3 Exhibit 1: Part 2 of 2)(Kramer, Charles) (Entered: 01/12/2011) 54 MEMORANDUM OF LAW in Support re: 53 MOTION for Leave to File First Amended Complaint.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 01/12/2011) 55 NOTICE of Filing Exhibit re: 53 MOTION for Leave to File First Amended Complaint.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 2)(Kramer, Charles) (Entered: 01/12/2011) 56 DECLARATION of Walter Eliot Bard in Opposition re: 51 MOTION to Dismiss Counterclaims of Defendant/Counterclaim Plaintiff Marvel Characters, Inc... Document led by Marvel Characters, Inc., Marvel Enterprises, Inc.. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit A, Part 3, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, #
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8 Exhibit F, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K, # 14 Exhibit L, # 15 Exhibit M, # 16 Exhibit N, # 17 Exhibit O, # 18 Exhibit P)(Fleischer, David) (Entered: 01/24/2011) 01/24/2011 57 MEMORANDUM OF LAW in Opposition re: 51 MOTION to Dismiss Counterclaims of Defendant/Counterclaim Plaintiff Marvel Characters, Inc... Document led by Marvel Characters, Inc., Marvel Enterprises, Inc.. (Fleischer, David) (Entered: 01/24/2011) 58 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Charles S. Kramer dated 1/19/2011 re: Requesting that the motion for leave to le the amended complaint be due on February 11, 2011, and that the Plaintiffs' reply be due by February 25, 2011. ENDORSEMENT: The schedule with respect to brieng the motion to dismiss and the motion to amend are adopted. The discovery schedule is extended by 3 months in all respects. (Signed by Magistrate Judge James C. Francis on 1/24/2011) (jpo) (Entered: 01/24/2011) 59 NOTICE OF CHANGE OF ADDRESS by David Fleischer on behalf of Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. New Address: Haynes and Boone, LLP, 30 Rockefeller Plaza, 26th Floor, New York, New York, USA 10112, 212-659-7300. (Fleischer, David) (Entered: 02/02/2011) 60 REPLY MEMORANDUM OF LAW in Support re: 51 MOTION to Dismiss Counterclaims of Defendant/Counterclaim Plaintiff Marvel Characters, Inc... Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 1)(Kramer, Charles) (Entered: 02/03/2011) 61 MOTION to Compel All Defendants to Produce Answers to Plaintiffs' Requests to Produce. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Defendants' Responses and Objections to Plaintiffs' First Requests for Production of Documents)(Evans, Eric) (Entered: 02/10/2011) 62 MEMORANDUM OF LAW in Support re: 61 MOTION to Compel All Defendants to Produce Answers to Plaintiffs' Requests to Produce.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Defendants' Responses and Objections to Plaintiffs' First Requests for Production of Documents, # 2 Exhibit Cage Interview)(Evans, Eric) (Entered: 02/10/2011) 63 MOTION to Compel Columbia Pictures Industries Inc. and Sony Pictures Entertainment Inc. to Produce Answers to Plaintiffs' Written Interrogatories. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Columbia Pictures
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Industries, Inc. and Sony Pictures Entertainment Inc. to Plaintiffs' First Set of Interrogatories)(Evans, Eric) (Entered: 02/10/2011) 02/10/2011 64 MEMORANDUM OF LAW in Support re: 63 MOTION to Compel Columbia Pictures Industries Inc. and Sony Pictures Entertainment Inc. to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Columbia Pictures Industries Inc. and Sony Pictures Entertainment Inc. to Plaintiffs' First Set of interrogatories, # 2 Exhibit Visual Guide to Ghost Rider)(Evans, Eric) (Entered: 02/10/2011) 65 MOTION to Compel Crystal Sky LLC to Produce Answers to Plaintiffs' Written Interrogatories. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Crystal Sky LLC to Plaintiffs' First Set of Interrogatories)(Evans, Eric) (Entered: 02/10/2011) 66 MEMORANDUM OF LAW in Support re: 65 MOTION to Compel Crystal Sky LLC to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Crystal Sky LLC to Plaintiffs' First Set of Interrogatories, # 2 Exhibit Visual Guide to Ghost Rider)(Evans, Eric) (Entered: 02/10/2011) 67 MOTION to Compel Hasbro Inc. to Produce Answers to Plaintiffs' Written Interrogatories. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Hasbro Inc. to Plaintiffs' First Set of Interrogatories)(Evans, Eric) (Entered: 02/10/2011) 68 MEMORANDUM OF LAW in Support re: 67 MOTION to Compel Hasbro Inc. to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Hasbro Inc. to Plaintiffs' First Set of Interrogatories, # 2 Exhibit Visual Guide to Ghost Rider)(Evans, Eric) (Entered: 02/10/2011) 69 MOTION to Compel Marvel Entertainment, Marvel Studios Inc. and Marvel Characters Inc. to Produce Answers to Plaintiffs' Written Interrogatories. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Marvel Entertainment LLC, Marvel Studios Inc. and Marvel Characters Inc. to Plaintiffs' First Set of Interrogatories)(Evans, Eric) (Entered: 02/10/2011) 70 MEMORANDUM OF LAW in Support re: 69 MOTION to Compel Marvel Entertainment, Marvel Studios Inc. and Marvel Characters Inc. to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Marvel Entertainment LLC, Marvel Studios Inc.,
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and Marvel Characters Inc. to Plaintiffs' First Set of Interrogatories, # 2 Exhibit Visual Guide to Ghost Rider)(Evans, Eric) (Entered: 02/10/2011) 02/10/2011 71 MOTION to Compel Michael de Luca Productions LLC to Produce Answers to Plaintiffs' Written Interrogatories. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Michael De Luca Productions Inc. to Plaintiffs' First Set of Interrogatories)(Evans, Eric) (Entered: 02/10/2011) 72 MEMORANDUM OF LAW in Support re: 71 MOTION to Compel Michael de Luca Productions LLC to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Michael de Luca Productions Inc. to Plaintiffs' First Set of Interrogatories, # 2 Exhibit Visual Guide to Ghost Rider)(Evans, Eric) (Entered: 02/10/2011) 73 MOTION to Compel Relativity Media LLC to Produce Answers to Plaintiffs' Written Interrogatories. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Relativity Media LLC to Plaintiffs' First Set of Interrogatories)(Evans, Eric) (Entered: 02/10/2011) 74 MEMORANDUM OF LAW in Support re: 73 MOTION to Compel Relativity Media LLC to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Relativity Media LLC to Plaintiffs' First Set of Interrogatories, # 2 Exhibit Visual Guide to Ghost Rider)(Evans, Eric) (Entered: 02/10/2011) 75 MOTION to Compel Take Two Interactive Software Inc. to Produce Answers to Plaintiffs' Written Interrogatories. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Take Two Interactive Software Inc. to Plaintiffs' First Set of Interrogatories)(Evans, Eric) (Entered: 02/10/2011) 76 MEMORANDUM OF LAW in Support re: 75 MOTION to Compel Take Two Interactive Software Inc. to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Responses and Objections of Take Two Interactive Software Inc. to Plaintiffs' First Set of Interrogatories, # 2 Exhibit Visual Guide to Ghost Rider)(Evans, Eric) (Entered: 02/10/2011) 77 DECLARATION of David Fleischer, Esq. in Opposition re: 53 MOTION for Leave to File First Amended Complaint.. Document led by Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two
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Interactive Software, Inc.. (Attachments: # 1 Exhibit A, Part 1, # 2 Exhibit A, Part 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D)(Fleischer, David) (Entered: 02/11/2011) 02/11/2011 78 MEMORANDUM OF LAW in Opposition re: 53 MOTION for Leave to File First Amended Complaint.. Document led by Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 02/11/2011) 79 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from David Fleischer dated 2/22/2011 re: I write on Defendants' behalf pursuant to Local Rules 37.2 and 37.3(c) to request the scheduling of a telephone conference (i) to address an appropriate procedure for addressing eight motions to compel led by plaintiff" on February 10, 2011 in violation of Local Rules 37.2 and 37.3(e) or, alternatively; an extension from February 22, 2011 until March 7, 2011 of Defendants' time to le papers in opposition to plaintiffs' motions; (ii) to discuss plaintiffs' failure to complete their document production; and (iii) to discuss plaintiffs' refusal to produce plaintiff Gary Friedrich ("Friedrich") for a deposition until the issues raised by their motions to compel are resolved. ENDORSEMENT: Defendants' time to answer plaintiffs' motions to compel is extended to March 7, 2011. Plaintiff shall appear for his deposition forthwith. Plaintiff shall respond to defendants' document demands by March 2, 2011. SO ORDERED. ( Responses due by 3/7/2011) (Signed by Magistrate Judge James C. Francis on 2/24/2011) (jmi) Modied on 2/24/2011 (jmi). (Entered: 02/24/2011) 80 REPLY MEMORANDUM OF LAW in Support re: 53 MOTION for Leave to File First Amended Complaint.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 02/25/2011) 81 DECLARATION of Charles Kramer in Support re: 53 MOTION for Leave to File First Amended Complaint.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit A)(Kramer, Charles) (Entered: 02/25/2011) 82 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Charles Kramer dated 2/28/11 re: Request for a telephone conference to discuss deposition scheduling. ENDORSEMENT: By agreement of the parties, the depositions of Mr. Schade and Mr. Chervitz shall be taken on 3/31/11 and the deposition of Mr. Friedrich shall be taken on 4/1/11. Until plaintiff's deposition is completed his attorneys shall not communicate with him in any manner concerning the substance of the Schade and Chervitz depositions. (Signed by Magistrate Judge James C. Francis on 3/4/11) (cd) (Entered: 03/04/2011)
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Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Discovery Conference held on 3/4/2011. (mro) (Entered: 03/07/2011) 83 DECLARATION of David Fleischer, Esq. in Opposition re: 61 MOTION to Compel All Defendants to Produce Answers to Plaintiffs' Requests to Produce.. Document led by Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 03/07/2011) 84 MEMORANDUM OF LAW in Opposition re: 61 MOTION to Compel All Defendants to Produce Answers to Plaintiffs' Requests to Produce.. Document led by Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 03/07/2011) 85 MEMORANDUM OF LAW in Opposition re: 65 MOTION to Compel Crystal Sky LLC to Produce Answers to Plaintiffs' Written Interrogatories., 67 MOTION to Compel Hasbro Inc. to Produce Answers to Plaintiffs' Written Interrogatories., 75 MOTION to Compel Take Two Interactive Software Inc. to Produce Answers to Plaintiffs' Written Interrogatories., 71 MOTION to Compel Michael de Luca Productions LLC to Produce Answers to Plaintiffs' Written Interrogatories., 73 MOTION to Compel Relativity Media LLC to Produce Answers to Plaintiffs' Written Interrogatories., 69 MOTION to Compel Marvel Entertainment, Marvel Studios Inc. and Marvel Characters Inc. to Produce Answers to Plaintiffs' Written Interrogatories., 63 MOTION to Compel Columbia Pictures Industries Inc. and Sony Pictures Entertainment Inc. to Produce Answers to Plaintiffs' Written Interrogatories.. Document led by Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 03/07/2011) 86 FILING ERROR - DUPLICATED DOCKET ENTRY - MOTION for Issuance of Letters Rogatory as to Mike Ploog in Great Britain. Document led by Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment,
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Inc., Take Two Interactive Software, Inc. (Fleischer, David) Modied on 3/11/2011 (db). (Entered: 03/11/2011) 03/11/2011 87 MOTION for Issuance of Letters Rogatory as to Mike Ploog in Great Britain. Document led by Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Attachments: # 1 Text of Proposed Order Request for International Judicial Assistance (Letters Rogatory))(Fleischer, David) (Entered: 03/11/2011) 88 MEMO ENDORSED ON NOTICE OF MOTION: ENDORSEMENT: Motion granted. So Ordered. (Signed by Magistrate Judge James C. Francis on 3/14/11) (js) (Entered: 03/14/2011) 89 REPLY MEMORANDUM OF LAW in Support re: 65 MOTION to Compel Crystal Sky LLC to Produce Answers to Plaintiffs' Written Interrogatories., 67 MOTION to Compel Hasbro Inc. to Produce Answers to Plaintiffs' Written Interrogatories., 75 MOTION to Compel Take Two Interactive Software Inc. to Produce Answers to Plaintiffs' Written Interrogatories., 71 MOTION to Compel Michael de Luca Productions LLC to Produce Answers to Plaintiffs' Written Interrogatories., 73 MOTION to Compel Relativity Media LLC to Produce Answers to Plaintiffs' Written Interrogatories., 69 MOTION to Compel Marvel Entertainment, Marvel Studios Inc. and Marvel Characters Inc. to Produce Answers to Plaintiffs' Written Interrogatories., 63 MOTION to Compel Columbia Pictures Industries Inc. and Sony Pictures Entertainment Inc. to Produce Answers to Plaintiffs' Written Interrogatories. of Motion to Compel. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 03/15/2011) 90 REPLY MEMORANDUM OF LAW in Support re: 61 MOTION to Compel All Defendants to Produce Answers to Plaintiffs' Requests to Produce. of Motion to Compel. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 03/15/2011) 91 ORDER; granting 53 Motion for Leave to File Document. The plaintiffs motion for leave to amend the complaint to add Disney as a defendant is granted. (Signed by Magistrate Judge James C. Francis on 3/22/11) Copies Mailed By Chambers. (pl) (Entered: 03/22/2011) 92 MOTION for Reconsideration re; 91 Order on Motion for Leave to File Document. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc..(Fleischer, David) (Entered: 03/25/2011)
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93 MEMORANDUM OF LAW in Support re: 92 MOTION for Reconsideration re; 91 Order on Motion for Leave to File Document. MOTION for Reconsideration re; 91 Order on Motion for Leave to File Document.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 03/25/2011) 95 AMENDED COMPLAINT against Columbia Pictures Industries, Inc., Columbia Tri-Star Motion Picture Group, Crystal Sky Pictures, Gary Friedrich, Gary Friedrich Enterprises, LLC., Hasbro, Inc., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Studios, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc. with JURY DEMAND.Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(rdz) (Additional attachment(s) added on 3/29/2011: # 2 Main Document, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (rdz). (Entered: 03/29/2011) 97 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document led by Gary Friedrich Enterprises, LLC.(rdz) Modied on 3/29/2011 (rdz). (Entered: 03/29/2011) 94 MEMORANDUM AND ORDER: For the reasons set forth above, defendants' motion for reconsideration (Docket no. 92) is granted, but, upon review, I adhere to my prior determination. (Signed by Magistrate Judge James C. Francis on 3/29/2011) Copies Mailed By Chambers. (jfe) (Entered: 03/29/2011) 96 ENDORSED LETTER addressed to Magistrate Judge James C. Francis from Charles Kramer dated 3/25/2011 re: Counsel request guidance with respect to scheduling issues that have arisen as a result of the leave to le the amended complaint in this action. ENDORSEMENT: As discussed in todays conference the depositions shall proceed as scheduled. Proceedings against all new defendants except The Walt Disney Company are stayed, and the time for those defendants to answer or move with respect to the complaint is extended until thirty (30) days after completion of the liability phase relating to the current defendants. So Ordered. (Signed by Magistrate Judge James C. Francis on 3/29/2011) (jfe) (Entered: 03/29/2011) Minute Entry for proceedings held before Magistrate Judge James C. Francis: Telephone Conference held on 3/29/2011. (mbe) (Entered: 04/01/2011) 98 ENDORSED LETTER addressed to Magistrate Judge James C. Francis IV from Charles Kramer dated 3/29/11 re: We are in receipt of your order via endorsement regarding the scheduling issues discussed earlier today... I don't mean to be hypertechnical, but also do not want to take any actions towards
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service if they would be in violation of the stay order. I believe an amended order clarifying that service is to proceed is appropriate. ENDORSEMENT: My Memorandum Endorsement dated March 29, 2011 is claried accordingly. So ordered. (Signed by Magistrate Judge James C. Francis on 3/30/11) (rjm) (Entered: 03/30/2011) 04/11/2011 99 MODIFIED ORDER DIRECTING SEPARATE TRIALS. ORDERED, pursuant to Rule 42(b) of the Federal Rules of Civil Procedure, in the furtherance of the convenience of all parties, the avoidance of prejudice and in the interests of expedition and economy, separate trials shall be conducted in the above-captioned action as set forth in said order. This order supersedes the Order Directing Separate Trials entered on August 3, 2010 (Docket No. 44) and the Stipulation and Order Supplementing August 3, 2010 Order Directing Separate Trials entered on December 22, 2010 (Docket No. 50). (Signed by Magistrate Judge James C. Francis on 4/11/11) (rjm) (Entered: 04/11/2011) 100 STIPULATION AND ORDER MODIFYING ORDERS DIRECTING SEPARATE TRIALS AND SUPPLEMENTING MARCH 29 AND 30, 2011 ORDERS STAYING PROCEEDINGS AGAINST CERTAIN DEFENDANTS. IT IS HEREBY STIPULATED AND AGREED by and among plaintiffs and defendants Marvel Entertainment, LLC (successor by merger to Marvel Entertainment, Inc., formerly known and also sued herein as Marvel Enterprises, Inc.), Marvel Studios, Inc., Marvel Characters, Inc., Hasbro, Inc., Take-Two Interactive Software, Inc., Columbia Pictures Industries, Inc., Crystal Sky LLC, Relativity Media, LLC, Michael De Luca Productions, Inc. and Sony Pictures Entertainment Inc. (collectively, the "Original Defendants"), subject to approval of the Court, as follows: 1. The Stay Order shall be modied to exclude from its coverage the following parties added as defendants in plaintiffs' rst amended complaint: Marvel Worldwide, Inc. (formerly known as Marvel publishing, Inc.), Marvel International Character Holdings, Inc.,MVL lnternational C.V. and Marvel Characters B.V. 2. The Bifurcation Order shall be replaced with a modied Bifurcation Order in the form of Exhibit A hereto. (Signed by Magistrate Judge James C. Francis on 4/11/11) (rjm) (Entered: 04/11/2011) Minute Entry for proceedings held before Magistrate Judge James C. Francis: Discovery Telephone Conference held on 4/13/2011. (mbe) (Entered: 04/14/2011) 101 MOTION to Compel Columbia Pictures Industries, Columbia Tri-Star Motion Picture Group, and Sony Pictures Entertainment, Inc. to to Answer Plaintiffs' Requests to Produce #54. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Defendants' Responses and Objections to Plaintiffs' First Requests for Production of Documents, # 2 Exhibit Email from Sarah Jacobson to Dawn O'Leary dated April 4, 2011 re: tapes from Sin and Salvation, # 3 Exhibit Email from Sarah Jacobson to Dawn O'Leary dated March 23, 2011 re: documents and footage related to Sin and
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Salvation)(Evans, Eric) (Entered: 04/14/2011) 04/14/2011 102 MEMORANDUM OF LAW in Support re: 101 MOTION to Compel Columbia Pictures Industries, Columbia Tri-Star Motion Picture Group, and Sony Pictures Entertainment, Inc. to to Answer Plaintiffs' Requests to Produce #54.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit Defendants' Responses and Objections to Plaintiffs' First Requests for Production of Documents, # 2 Exhibit Email from Sarah Jacobson to Dawn O'Leary dated April 4, 2011 re: tapes from Sin and Salvation, # 3 Exhibit Email from Sarah Jacobson to Dawn O'Leary dated March 23, 2011 re: documents and footage related to Sin and Salvation)(Evans, Eric) (Entered: 04/14/2011) 103 WAIVER OF SERVICE RETURNED EXECUTED. Maisto International Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 104 WAIVER OF SERVICE RETURNED EXECUTED. Diamond Select Toys and Collectibles LLC waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 105 WAIVER OF SERVICE RETURNED EXECUTED. A&A Global Industries waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 106 WAIVER OF SERVICE RETURNED EXECUTED. C&D Visionary waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 107 WAIVER OF SERVICE RETURNED EXECUTED. Best Brands Consumer Products Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 108 WAIVER OF SERVICE RETURNED EXECUTED. Mighty Fine, Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 109 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Walt Disney Company as Corporate Parent. Document led by MVL International C.V., Marvel Characters, Inc., Marvel Studios, Inc., Marvel Characters B.V., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Worldwide, Inc..(Fleischer, David) (Entered: 04/18/2011)
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110 WAIVER OF SERVICE RETURNED EXECUTED. Comic Images waiver sent on 4/6/2011, answer due 6/6/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 111 WAIVER OF SERVICE RETURNED EXECUTED. NMTC waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 112 ANSWER to Amended Complaint. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. Related document: 95 Amended Complaint,, led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(Fleischer, David) (Entered: 04/18/2011) 113 WAIVER OF SERVICE RETURNED EXECUTED. York Wallcoverings, Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/18/2011) 114 WAIVER OF SERVICE RETURNED EXECUTED. Wilton Brands, Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/21/2011) 115 WAIVER OF SERVICE RETURNED EXECUTED. Wilton Industries Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/21/2011) 116 WAIVER OF SERVICE RETURNED EXECUTED. Funline Merchandise waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/21/2011) 117 MEMORANDUM OF LAW in Opposition re: 101 MOTION to Compel Columbia Pictures Industries, Columbia Tri-Star Motion Picture Group, and Sony Pictures Entertainment, Inc. to to Answer Plaintiffs' Requests to Produce #54.. Document led by Sony Pictures Entertainment, Inc.. (Fleischer, David) (Entered: 04/22/2011) 118 REPLY to Response to Motion re: 101 MOTION to Compel Columbia Pictures Industries, Columbia Tri-Star Motion Picture Group, and Sony Pictures Entertainment, Inc. to to Answer Plaintiffs' Requests to Produce #54.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit A is an email dated March 21, 2011 with subject line
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Sony production, # 2 Exhibit B is an email dated March 23, 2011 with subject line documents and footage related to Sin and Salvation, # 3 Exhibit C is an email dated April 4, 2011 with subject line Tapes from Sin and Salvation, # 4 Exhibit D is an email dated April 18, 2011 with subject line RE: Friedrich v. Marvel, # 5 Exhibit E is an email dated April 19, 2011 with subject line RE: Friedrich v. Marvel, # 6 Exhibit F is an email dated April 21, 2011 with subject line Ghost Rider - "Sin and Salvation", # 7 Exhibit G is a letter from Sarah Jacobson to Eric Evans dated April 21, 2011)(Evans, Eric) (Entered: 04/25/2011) 04/25/2011 119 REPLY MEMORANDUM OF LAW in Support re: 101 MOTION to Compel Columbia Pictures Industries, Columbia Tri-Star Motion Picture Group, and Sony Pictures Entertainment, Inc. to to Answer Plaintiffs' Requests to Produce #54.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/25/2011) 121 MEMORANDUM AND ORDER granting in part and denying in part 61 Motion to Compel; denying 65 Motion to Compel; denying 67 Motion to Compel; denying 69 Motion to Compel; denying 71 Motion to Compel; denying 73 Motion to Compel; denying 75 Motion to Compel. Where the defendants are required by this order to produce additional documents, they shall do so within thirty days. (Signed by Magistrate Judge James C. Francis on 4/26/11); Copies mailed by Chambers. (djc) (Entered: 04/26/2011) 120 MEMO ENDORSEMENT on re: 101 MOTION to Compel Columbia Pictures Industries, Columbia Tri-Star Motion Picture Group, and Sony Pictures Entertainment, Inc. to to Answer Plaintiffs' Requests to Produce #54. ENDORSEMENT: Motion denied. Plaintiffs' counsel failed to meet and confer prior to ling this motion. In addition, defendants' counsel have described reasonable efforts to locate and produce the requested information. (Signed by Magistrate Judge James C. Francis on 4/26/11); (djc) Modied on 4/27/2011 (djc). (Entered: 04/27/2011) ***DELETED DOCUMENT. Deleted document number 120 memo endorsement. The document contained incorrect information on original entry. (djc) (Entered: 04/28/2011) 122 WAIVER OF SERVICE RETURNED EXECUTED. Trends International LLC waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/28/2011) 123 WAIVER OF SERVICE RETURNED EXECUTED. Fantasy Flight Games waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/28/2011)
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124 WAIVER OF SERVICE RETURNED EXECUTED. MGA Entertainment, Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 04/28/2011) 125 NOTICE OF APPEARANCE by William Louis Hurlock on behalf of RC2 Corporation (Hurlock, William) (Entered: 04/29/2011) 126 NOTICE OF APPEARANCE by Charles Francis Gfeller on behalf of RC2 Corporation (Gfeller, Charles) (Entered: 04/29/2011) 127 REPORT AND RECOMMENDATIONS, I recommend that the plaintiffs' motion to dismiss the defendant's counterclaims be denied re: 51 MOTION to Dismiss Counterclaims of Defendant/Counterclaim Plaintiff Marvel Characters, Inc., led by Gary Friedrich, Gary Friedrich Enterprises, LLC. Objections to R&R due by 5/23/2011. (Signed by Magistrate Judge James C. Francis on 5/4/11) Copies Mailed By Chambers. (cd) (Entered: 05/04/2011) 128 WAIVER OF SERVICE RETURNED EXECUTED. Leap Year Publishing waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 05/06/2011) 129 WAIVER OF SERVICE RETURNED EXECUTED. Doris Kindersly Ltd. waiver sent on 4/6/2011, answer due 7/5/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 05/06/2011) 130 WAIVER OF SERVICE RETURNED EXECUTED. Becker and Mayer LLC waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 05/06/2011) 131 WAIVER OF SERVICE RETURNED EXECUTED. K2, Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 05/06/2011) 132 WAIVER OF SERVICE RETURNED EXECUTED. Hewlett Packard waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 05/06/2011) 133 WAIVER OF SERVICE RETURNED EXECUTED. Gentle Giant Ltd. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 05/06/2011) 134 WAIVER OF SERVICE RETURNED EXECUTED. NR2B Research, Inc. waiver sent on 4/14/2011, answer due 6/13/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 05/06/2011)
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135 NOTICE of Stipulation re: Rule 30(b)(6) depositions. Document led by Columbia Pictures Industries, Inc., Sony Pictures Entertainment, Inc.. (Fleischer, David) (Entered: 05/13/2011) 136 NOTICE OF APPEARANCE by James W. Quinn on behalf of The Walt Disney Company (Quinn, James) (Entered: 05/13/2011) 137 NOTICE OF APPEARANCE by Randi Wolkenbreit Singer on behalf of The Walt Disney Company (Singer, Randi) (Entered: 05/13/2011) 138 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document led by The Walt Disney Company.(Quinn, James) (Entered: 05/13/2011) 139 ANSWER to Amended Complaint. Document led by The Walt Disney Company. Related document: 95 Amended Complaint,, led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(Quinn, James) (Entered: 05/13/2011) 140 ORDER DIRECTING FORENSIC EXAMINATION OF PLAINTIFF'S HARD DRIVE that the review be conducted in accordance with the procedures set forth in the attached agreement, and as further set forth in this document. (Signed by Magistrate Judge James C. Francis on 5/16/11) (cd) (Entered: 05/16/2011) 141 OPPOSITION BRIEF re: 127 Report and Recommendations, (Objection to Report and Recommendation). Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(Kramer, Charles) (Entered: 05/18/2011) 142 MOTION to Compel Plaintiffs to Produce documents. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., Marvel Characters B.V., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc..(Fleischer, David) (Entered: 05/20/2011) 143 DECLARATION of David Fleischer in Support re: 142 MOTION to Compel Plaintiffs to Produce documents.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 05/20/2011) 144 MEMORANDUM OF LAW in Support re: 142 MOTION to Compel Plaintiffs to Produce documents.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters
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B.V., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 05/20/2011) 05/20/2011 145 MEMORANDUM AND ORDER. For the reasons set forth in this memorandum and order, the plaintiffs' motion for an order reconvening the deposition of Roy Thomas at the defendant's expense is denied. (Signed by Magistrate Judge James C. Francis on 5/20/11) Copies Mailed By Chambers. (rjm) (Entered: 05/20/2011) 146 MEMORANDUM OF LAW in Opposition re: 142 MOTION to Compel Plaintiffs to Produce documents.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 1- Defendants' Second Document Request, # 2 Exhibit 2- Plaintiffs' Responses to Defendants' Second Document Request, # 3 Exhibit 3- 05-16-2011 Email, # 4 Exhibit 405-18-2011 Email, # 5 Exhibit 5- 05-20-2011 Email, # 6 Exhibit 6- Aaronson Deposition, # 7 Exhibit 7- Friedrich Deposition)(Kramer, Charles) (Entered: 05/26/2011) 147 DECLARATION of Charles Kramer in Opposition re: 142 MOTION to Compel Plaintiffs to Produce documents.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit A- 05-16-2011 Email, # 2 Exhibit B- Plaintiffs' Responses to Defendants' Second Document Request, # 3 Exhibit C- 05-20-2011 Email, # 4 Exhibit D- Aaronson Deposition, # 5 Exhibit E- Friedrich Deposition)(Kramer, Charles) (Entered: 05/26/2011) 148 RESPONSE re: 141 Opposition Brief. Document led by Marvel Characters B.V., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc.. (Fleischer, David) (Entered: 05/27/2011) 149 ENDORSED LETTER addressed to Magistrate Judge James C. Francis, IV from Christian T. Petersen dated 5/19/11 re: Counsel requests that Fantasy Flight Games be removed from the list of "Downstream Infringers" in Paragraph 47 of the above entitled complaint, and that they be removed from the list of defendants. ENDORSEMENT: Application denied. Proceedings against all defendants except the Marvel defendants and Disney are stayed (see Memorandum Endorsement dated March 29, 2011). When the stay is lifted, Fantasy Flight may move (through counsel) for dismissal of the claims against it. SO ORDERED.(Signed by Magistrate Judge James C. Francis on 6/2/11) (djc) (Entered: 06/02/2011)
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150 REPLY MEMORANDUM OF LAW in Support re: 142 MOTION to Compel Plaintiffs to Produce documents.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Jacobson, Sarah) (Entered: 06/02/2011) 151 WAIVER OF SERVICE RETURNED EXECUTED. Courage Brands Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 152 WAIVER OF SERVICE RETURNED EXECUTED. TM International waiver sent on 4/5/2011, answer due 6/6/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 153 WAIVER OF SERVICE RETURNED EXECUTED. Universal Designs, Ltd. waiver sent on 4/6/2011, answer due 7/5/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 154 WAIVER OF SERVICE RETURNED EXECUTED. Wiz Kids LLC waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 155 WAIVER OF SERVICE RETURNED EXECUTED. Activision Blizzard, Inc. waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 156 WAIVER OF SERVICE RETURNED EXECUTED. Planetwide Games waiver sent on 4/14/2011, answer due 6/13/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 157 WAIVER OF SERVICE RETURNED EXECUTED. Union Underwear Company, Inc. waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 158 WAIVER OF SERVICE RETURNED EXECUTED. Meredith Corporation waiver sent on 4/1/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 159 WAIVER OF SERVICE RETURNED EXECUTED. LF USA Inc. waiver sent on 4/1/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary
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Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 06/06/2011 160 WAIVER OF SERVICE RETURNED EXECUTED. KHQ Investment LLC waiver sent on 4/1/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 161 WAIVER OF SERVICE RETURNED EXECUTED. CSS Industries waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 162 WAIVER OF SERVICE RETURNED EXECUTED. Bowen Designs waiver sent on 4/14/2011, answer due 6/13/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 163 WAIVER OF SERVICE RETURNED EXECUTED. Berkshire Fashions waiver sent on 4/14/2011, answer due 6/13/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 164 WAIVER OF SERVICE RETURNED EXECUTED. Yellowman LLC waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 165 WAIVER OF SERVICE RETURNED EXECUTED. Ultimate Licensing Group LLC waiver sent on 4/6/2011, answer due 6/6/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 166 WAIVER OF SERVICE RETURNED EXECUTED. MCA Inc. waiver sent on 5/6/2011, answer due 7/5/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 167 WAIVER OF SERVICE RETURNED EXECUTED. Universal City waiver sent on 5/6/2011, answer due 7/5/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 168 WAIVER OF SERVICE RETURNED EXECUTED. Corbis Corporation waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 169 WAIVER OF SERVICE RETURNED EXECUTED. US Nutrition Inc. waiver sent on 4/14/2011, answer due 6/13/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 170 WAIVER OF SERVICE RETURNED EXECUTED. ABDO Publishing waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011)
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171 WAIVER OF SERVICE RETURNED EXECUTED. Brown Shoes waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 172 WAIVER OF SERVICE RETURNED EXECUTED. Kotobukiya waiver sent on 4/1/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 173 WAIVER OF SERVICE RETURNED EXECUTED. Adorable Kids waiver sent on 3/31/2011, answer due 6/29/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/06/2011) 174 WAIVER OF SERVICE RETURNED EXECUTED. Zazzle, Inc. waiver sent on 4/5/2011, answer due 6/6/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/13/2011) 175 WAIVER OF SERVICE RETURNED EXECUTED. RC2 Corporation waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/13/2011) 176 WAIVER OF SERVICE RETURNED EXECUTED. What Kids Want, Inc. waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/13/2011) 177 WAIVER OF SERVICE RETURNED EXECUTED. What Kids Want International waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/13/2011) 178 WAIVER OF SERVICE RETURNED EXECUTED. LaserMarch Inc. waiver sent on 4/1/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/21/2011) 179 WAIVER OF SERVICE RETURNED EXECUTED. Toy Things waiver sent on 4/6/2011, answer due 6/6/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 06/21/2011) 180 MEMORANDUM AND ORDER denying 101 Motion to Compel; granting 142 Motion to Compel. For the reasons set forth in this Order, the plaintiffs' motion to compel (Docket no. 101) is denied. The defendants' motion to compel (Docket no. 142) is granted, and the plaintiffs shall produce the requested records by 6/30/2011, redacting any privileged information. (Signed by Magistrate Judge James C. Francis on 6/21/2011) Copies Mailed By Chambers. (tro) (Entered: 06/21/2011) 181 WAIVER OF SERVICE RETURNED EXECUTED. Clicks Worldwide waiver sent on 3/31/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/08/2011)
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182 WAIVER OF SERVICE RETURNED EXECUTED. Screenlife LLC waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/08/2011) 183 WAIVER OF SERVICE RETURNED EXECUTED. Mattel Inc. waiver sent on 4/1/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/08/2011) 184 WAIVER OF SERVICE RETURNED EXECUTED. Mattel Overseas waiver sent on 4/1/2011, answer due 5/31/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/08/2011) 185 WAIVER OF SERVICE RETURNED EXECUTED. Mattel Asia Pacica waiver sent on 4/6/2011, answer due 7/5/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/08/2011) 186 WAIVER OF SERVICE RETURNED EXECUTED. Mattel Europa waiver sent on 4/6/2011, answer due 7/5/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/08/2011) 187 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Gentle Giant Ltd.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 7/11/2011 (ml). (Entered: 07/08/2011) 188 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Tupperware Brands Corporation. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 7/11/2011 (ml). (Entered: 07/08/2011) 189 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. The Walt Disney Company served on 4/22/2011, answer due 5/13/2011. Service was accepted by Marsha L. Reed, Agent for Service of Process. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/08/2011) ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Eric Evans Document 187 Notice of Voluntary Dismissal, 188 Notice of Voluntary Dismissal, was referred to Judge Barbara S. Jones for approval. (ml) (Entered: 07/11/2011)
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190 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Tupperware Brands Corporation, pursuant to Rule 41 (a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 7/13/2011) (jfe) (Entered: 07/13/2011) 191 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Gentle Giant Ltd., pursuant to Rule 41 (a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 7/13/2011) (jfe) (Entered: 07/13/2011) 192 WAIVER OF SERVICE RETURNED EXECUTED. Raven Software waiver sent on 4/6/2011, answer due 6/6/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 193 WAIVER OF SERVICE RETURNED EXECUTED. Artimonde Trading Inc. waiver sent on 4/6/2011, answer due 7/5/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 194 WAIVER OF SERVICE RETURNED EXECUTED. Wear Me Apparel Corp. waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 195 WAIVER OF SERVICE RETURNED EXECUTED. Wear Me Apparel LLC waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 196 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Gamer Graphics served on 7/8/2011, answer due 7/29/2011. Service was accepted by Joan Amodri Registered Agent Adler Pollock Sheehan. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 197 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Hot Topic, Inc. served on 7/8/2011, answer due 7/29/2011. Service was accepted by Maria Sanchez. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 198 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Klutz served on 7/8/2011, answer due 7/29/2011. Service was accepted by Maria Sanchez. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 199 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Raven Software served on 7/11/2011, answer due 8/1/2011. Service was accepted by Brian Raffel. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011)
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200 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Desperate Enterprises, Inc. served on 7/12/2011, answer due 8/2/2011. Service was accepted by Evelyn Christy. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 201 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Walgreen Company served on 7/15/2011, answer due 8/5/2011. Service was accepted by Deanna Dillon. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 202 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Sara Lee Corporation served on 7/15/2011, answer due 8/5/2011. Service was accepted by Deanna Dillon. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 07/25/2011) 203 MOTION for Extension of Time and Amended Summons. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit A)(Evans, Eric) (Entered: 07/25/2011) 204 MEMORANDUM & ORDER, the Court adopts the R&R of Magistrate Judge Francis in its entirety and DENIES 51 Motion to Dismiss led by Gary Friedrich, Gary Friedrich Enterprises, LLC. The Clerk of the Court is directed to terminate the motion docket 51. (Signed by Judge Barbara S. Jones on 7/26/11) (cd) (Entered: 07/26/2011) 205 MEMO ENDORSEMENT on re: 203 Motion for Extension of Time. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge James C. Francis on 7/26/2011) (jfe) (Entered: 07/26/2011) 206 MOTION for Extension of Time. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(O'Leary, Dawn) (Entered: 07/26/2011) 207 MEMO ENDORSEMENT ON MOTION FOR EXTENSION OF TIME. ENDORSEMENT: Application denied without prejudice to renewal with a full explanation of the steps previously taken to effect service on these defendants. (denying 206 Motion for Extension of Time). (Signed by Magistrate Judge James C. Francis on 7/27/11) (djc) (Entered: 07/27/2011) 208 AMENDED MOTION for Extension of Time. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(Evans, Eric) (Entered: 07/28/2011) 209 MEMO ENDORSEMENT ON AMENDED MOTION FOR EXTENSION OF TIME: ENDORSEMENT: Application granted. (granting 208 Motion for Extension of Time.) Plaintiffs respectfully request an additional 60 days to serve the summons on these defendants and such other relief as the Court deems just and equitable. (Signed by Magistrate Judge James C. Francis on 7/29/2011) (rdz) Modied on 7/29/2011 (rdz). (Entered: 07/29/2011)
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210 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Asgard Press served on 7/8/2011, answer due 7/29/2011. Service was accepted by James Martin, Manager. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 211 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Art. Com Inc. served on 7/8/2011, answer due 7/29/2011. Service was accepted by Frances Burris, Managing Agent. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 212 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Monogram International served on 7/8/2011, answer due 7/29/2011. Service was accepted by Amanda Jackson, Managing Agent. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 213 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. 3 Day Blinds served on 7/8/2011, answer due 7/29/2011. Service was accepted by Paul Mathews, Managing Agent. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 214 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. JAKKS Pacic, Inc. served on 7/8/2011, answer due 7/29/2011. Service was accepted by Paul Mathews, Managing Agent. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 215 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. THQ Inc. served on 7/8/2011, answer due 7/29/2011. Service was accepted by Paul Mathews, Managing Agent. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 216 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Wear Me Apparel LLC served on 7/8/2011, answer due 7/29/2011. Service was accepted by Paul Mathews, Managing Agent. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 217 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Sideshow Collectibles, Inc. served on 7/18/2011, answer due 8/8/2011. Service was accepted by Kathy Barrona. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 218 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Pop Culture Graphics, Inc. served on 7/15/2011, answer due 8/5/2011.
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Service was accepted by John Doe, Manager. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 08/02/2011 219 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Hands-On Mobile America Inc. served on 7/12/2011, answer due 8/2/2011. Service was accepted by David Meeaman. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 220 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Mforma Americas Inc. served on 7/12/2011, answer due 8/2/2011. Service was accepted by David Meeaman. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 221 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Sega of America, Inc. served on 7/13/2011, answer due 8/3/2011. Service was accepted by John Cheng. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 222 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. JPI Acquisition Group served on 7/12/2011, answer due 8/2/2011. Service was accepted by Becky Degeorge. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 223 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Kellytoy (USA) served on 7/13/2011, answer due 8/3/2011. Service was accepted by Robbie Hajeu. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 224 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Mad Engine Inc. served on 7/12/2011, answer due 8/2/2011. Service was accepted by Eric D. Morton. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 225 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Every Pictures Tells a Story served on 7/12/2011, answer due 8/2/2011. Service was accepted by Richard M. Rosenthal. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 226 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Buster Brown & Co. served on 7/5/2011, answer due 7/26/2011. Service was accepted by Michael I. Oberlander. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 227 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Zizzle Holding Limited served on 7/12/2011, answer due 8/2/2011.
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Service was accepted by Susan Lee, Assistant to Lawrence I. Richman. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 08/02/2011 228 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Mob Town served on 7/21/2011, answer due 8/11/2011. Service was accepted by Mark L. Thomas. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/02/2011) 229 MOTION to Amend/Correct Scheduling Order. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(Evans, Eric) (Entered: 08/02/2011) 230 NOTICE of Notice of Change of Firm Name. Document led by Marvel Characters B.V., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc.. (Kleinick, Jodi) (Entered: 08/04/2011) 231 MOTION for Extension of Time. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Evans, Eric) (Entered: 08/04/2011) 232 MEMORANDUM OF LAW in Opposition re: 229 MOTION to Amend/Correct Scheduling Order.. Document led by The Walt Disney Company. (Singer, Randi) (Entered: 08/09/2011) 233 ANSWER to 48 Counterclaim. Document led by Gary Friedrich.(Kramer, Charles) (Entered: 08/09/2011) 234 ORDER. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiffs are granted an additional 60 days from the date of this order to effect service of process on Defendant The Upper Deck Company. This resolves Docket no. 231. (Signed by Magistrate Judge James C. Francis on 8/10/11).(djc) (Entered: 08/10/2011) 235 WAIVER OF SERVICE RETURNED EXECUTED. Hands-On Mobile America Inc. waiver sent on 4/5/2011, answer due 8/2/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 236 WAIVER OF SERVICE RETURNED EXECUTED. Mob Town waiver sent on 4/1/2011, answer due 8/11/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 237 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Swicherz LLC served on 7/13/2011, answer due 8/3/2011. Service was accepted by Gary L. Blum. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011)
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238 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. KDT USA served on 7/12/2011, answer due 8/2/2011. Service was accepted by Leonard Chuang. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 239 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Sota Toys LLC served on 7/11/2011, answer due 8/1/2011. Service was accepted by Guang Wang. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 240 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Biodome served on 7/22/2011, answer due 8/12/2011. Service was accepted by Biodome, Raj Malik. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 241 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Toy Island Manufacturing Company, Ltd. served on 7/25/2011, answer due 8/15/2011. Service was accepted by The Corporate Trust Co.. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 242 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. The National Entertainment Collectibles Association Inc served on 7/11/2011, answer due 8/1/2011. Service was accepted by Jon Bizzarro, Sales Manager. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 243 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. NECA Inc. served on 7/11/2011, answer due 8/1/2011. Service was accepted by Jon Bizzarro, Sales Manager. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 244 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Rittenhouse Archive, Ltd. served on 7/8/2011, answer due 7/29/2011. Service was accepted by Robert Kohlbus, VP of Operations. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/15/2011) 245 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Graphics Imaging served on 7/19/2011, answer due 8/9/2011. Service was accepted by Mrs. Pelosi. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 246 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Jay Franco & Sons, Inc. served on 7/13/2011, answer due 8/3/2011. Service was accepted by Shelly Husain. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011)
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247 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. MZ Berger and Company served on 7/13/2011, answer due 8/3/2011. Service was accepted by Steven Kuritzky. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 248 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Photo File, Inc. served on 7/15/2011, answer due 8/5/2011. Service was accepted by Charles Singer (CEO). Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 249 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Rand International served on 7/25/2011, answer due 8/15/2011. Service was accepted by John Doe. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 250 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Scholastic, Inc. served on 7/13/2011, answer due 8/3/2011. Service was accepted by Aixa Flores. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 251 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Spencer Reed Accessories Ltd. served on 7/25/2011, answer due 8/15/2011. Service was accepted by Regina Dimeglio. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 252 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Street Flyers served on 7/25/2011, answer due 8/15/2011. Service was accepted by Jane Doe. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 253 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Stretch-O-Rama, Inc. served on 7/21/2011, answer due 8/11/2011. Service was accepted by Martibel Payano. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 254 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Tri-Coastal Design served on 7/25/2011, answer due 8/15/2011. Service was accepted by Jessica Loner. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 255 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Wear Me Apparel Corp. served on 7/21/2011, answer due 8/11/2011. Service was accepted by Yvette Lopez. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 08/22/2011) 256 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
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notice that the above-captioned action is voluntarily dismissed, against the defendant(s) KSM Enterprise Inc.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 8/23/2011 (dt). (Entered: 08/22/2011) 08/23/2011 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Eric Evans Document 256 Notice of Voluntary Dismissal, was referred to Judge Barbara S. Jones for approval. (dt) (Entered: 08/23/2011) 257 NOTICE OF APPEARANCE by John Joseph Hay on behalf of Toy Island Manufacturing Company, Ltd. (Hay, John) (Entered: 08/25/2011) 258 MEMO ENDORSEMENT on Motion for Voluntary Dismissal. ENDORSEMENT: So ordered. (Signed by Judge Barbara S. Jones on 8/25/2011) (mro) (Entered: 08/25/2011) 259 MEMO ENDORSEMENT on re: 229 MOTION to Amend/Correct Scheduling Order. ENDORSEMENT: Application Denied. Having delayed in making this motion for more than two months after the close of fact discovery, plaintiff is unable to show good cause for the request extension. So Ordered. (Signed by Magistrate Judge James C. Francis on 9/7/2011) (rdz) (Entered: 09/07/2011) 260 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Hugh served on 8/16/2011, answer due 9/6/2011. Service was accepted by Candice Fehrman, Editor for Rizzoli International. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 09/12/2011) 261 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) WagerLogic Limited. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 262 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Vetement Adorable Too. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 263 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give
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notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Spin Master Ltd.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 09/12/2011 264 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Sega Corporation. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 265 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) NTD Apparel. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 266 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Mforma Holdings, Ltd.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 267 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) KSM Superhero Ltd.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 268 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Jasman Asia Ltd.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 269 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal
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Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Jago Corp. Asia Limited. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 09/12/2011 270 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Gelaskins. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 271 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Calego International. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 272 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Medicom. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 273 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Master Replicas Inc.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 274 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) DCL Motion Pictures LLC, DCL Motion Pictures, LLC. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011)
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275 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Conopco Inc.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 276 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Buy Rite Designs. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 277 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Lowrider Technology Group, Inc.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) Modied on 9/13/2011 (dt). (Entered: 09/12/2011) 278 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. The Upper Deck Company served on 8/17/2011, answer due 9/7/2011. Service was accepted by Brittany Hyshi. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 09/12/2011) ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Eric Evans Document 276 Notice of Voluntary Dismissal, 274 Notice of Voluntary Dismissal, 273 Notice of Voluntary Dismissal, 277 Notice of Voluntary Dismissal, 264 Notice of Voluntary Dismissal, 271 Notice of Voluntary Dismissal, 266 Notice of Voluntary Dismissal, 269 Notice of Voluntary Dismissal, 270 Notice of Voluntary Dismissal, 263 Notice of Voluntary Dismissal, 261 Notice of Voluntary Dismissal, 267 Notice of Voluntary Dismissal, 268 Notice of Voluntary Dismissal, 272 Notice of Voluntary Dismissal, 262 Notice of Voluntary Dismissal, 265 Notice of Voluntary Dismissal, 275 Notice of Voluntary Dismissal, was referred to Judge Barbara S. Jones for approval. (dt) (Entered: 09/13/2011) 279 NOTICE OF DISMISSAL: comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Lowrider Technology Group, Inc, pursuant to Rule 41(a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (djc) Modied on 9/14/2011 (djc). (Entered: 09/14/2011)
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280 NOTICE OF DISMISSAL: comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Buy Rite Designs, pursuant to Rule 41(a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (djc) (Entered: 09/14/2011) 281 NOTICE OF DISMISSAL: comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Conopco Inc., d/b/a Unilever Canada, Inc., pursuant to Rule 41(a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (djc) (Entered: 09/14/2011) 282 NOTICE OF DISMISSAL: comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Master Replicas, Inc., pursuant to Rule 41(a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (djc) (Entered: 09/14/2011) 283 NOTICE OF DISMISSAL: comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Medicom, LLC, pursuant to Rule 41(a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (djc) (Entered: 09/14/2011) 284 NOTICE OF DISMISSAL: comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Calego International, pursuant to Rule 41(a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (djc) (Entered: 09/14/2011) 285 NOTICE OF DISMISSAL: comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Gelaskins, Inc., pursuant to Rule 41(a)(l)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (djc) (Entered: 09/14/2011) 286 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses DCL Motion Products, Pursuant to Rule 41(a)(1)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) Modied on 9/14/2011 (rdz). (Entered: 09/14/2011) 287 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Jago Corp. Asia Limited Pursuant to Rule 41(a)(1)(A)(i) (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 288 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Jasman Asia, Ltd. Pursuant to Rule 41(a)(1)(A)(i) (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 289 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Mforma Holdings, Ltd. Pursuant to Rule 41(a)(1)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011)
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290 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Vetement Adorable Too, Pursuant to Rule 41(a)(1)(A)(i) (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 291 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses WagerLogic Limited, Pursuant to Rule 41(a)(1)(A)(i) (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 292 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Spin Master, Ltd., Pursuant to Rule 41(a)(1)(A)(i) (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 293 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses Sega Corporation Pursuant to Rule 41(a)(1)(A)(i) (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 294 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses NTD Apparel. Pursuant to Rule 41(a)(1)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 295 NOTICE OF DISMISSAL: Comes now Plaintiffs, Gary Friedrich and Gary Friedrich Enterprises, and voluntarily dismisses KSM Superhero Ltd. Pursuant to Rule 41(a)(1)(A)(i). (Signed by Judge Barbara S. Jones on 9/14/2011) (rdz) (Entered: 09/14/2011) 296 WAIVER OF SERVICE RETURNED EXECUTED. Spencer Reed Accessories Ltd. waiver sent on 4/4/2011, answer due 6/3/2011. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 10/04/2011) 297 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. AST Sportwear Inc. served on 9/13/2011, answer due 10/4/2011. Service was accepted by Patrick Peichen Ying. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 10/04/2011) 298 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Johnny Blaze Sportswear served on 9/13/2011, answer due 10/4/2011. Service was accepted by Patrick Peichen Ying. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 10/04/2011) 299 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Toy Island Manufacturing Company, Ltd. served on 8/5/2011, answer
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due 8/26/2011. Service was accepted by David Lewis, Human Resources Director. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 10/04/2011) 10/04/2011 300 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Nubytech served on 8/24/2011, answer due 9/14/2011. Service was accepted by Doug Crowder. Document led by Gary Friedrich; Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 10/04/2011) 301 ENDORSED LETTER addressed to Magistrate Judge James Francis from Charles S. Kramer dated 10/11/2011 re: counsel for plaintiff writes that pursuant to the Scheduling Order, dispositive motions are currently due October 15, 2011.Since that is a Saturday, the parties believe that Federal Rules on timing extend the deadline to Monday, October 17, 2011. Plaintiffs motion wilt be both an afrmative motion for relief on their Amended Complaint and a defensive motion for judgment against Counterclaimant Marvel Characters on its Counterclaim. Plaintiffs intend to submit one motion and memorandum for both purposes. As a result, Plaintiff's have attempted to use as few pages as necessary, but due to the combined nature of the motion are unable to t within the 25 page limit. Plaintiffs thus request an additional ten(10) page extension for a total of 35 pages. ENDORSEMENT: Applications granted. ( Motions due by 10/17/2011.) (Signed by Magistrate Judge James C. Francis on 10/17/2011) (pl) Modied on 10/17/2011 (pl). Modied on 10/24/2011 (pl). (Entered: 10/17/2011) 302 MOTION for Reconsideration re; 34 Order Adopting Report and Recommendations, 95 Amended Complaint,,. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC..(Evans, Eric) (Entered: 10/17/2011) 303 MEMORANDUM OF LAW in Support re: 302 MOTION for Reconsideration re; 34 Order Adopting Report and Recommendations, 95 Amended Complaint,,.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 1)(Evans, Eric) (Entered: 10/17/2011) 304 MOTION for Summary Judgment. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc..(Fleischer, David) (Entered: 10/17/2011) 305 DECLARATION of Walter Eliot Bard, Vice President, Deputy General Counsel of Marvel Entertainment, LLC in Support re: 304 MOTION for Summary Judgment.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters
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B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, Part 1 of 7, # 3 Exhibit 2, Part 2 of 7, # 4 Exhibit 2, Part 3 of 7, # 5 Exhibit 2, Part 4 of 7, # 6 Exhibit 2, Part 5 of 7, # 7 Exhibit 2, Part 6 of 7, # 8 Exhibit 2, Part 7 of 7, # 9 Exhibit 3, # 10 Exhibit 4, # 11 Exhibit 5, Part 1 of 2, # 12 Exhibit 5, Part 2 of 2, # 13 Exhibit 6, # 14 Exhibit 7, # 15 Exhibit 8, # 16 Exhibit 9, # 17 Exhibit 10, Part 1 of 2, # 18 Exhibit 10, Part 2 of 2, # 19 Exhibit 11, # 20 Exhibit 12, # 21 Exhibit 13, # 22 Exhibit 14, # 23 Exhibit 15, # 24 Exhibit 16, # 25 Exhibit 17, # 26 Exhibit 18, # 27 Exhibit 19, Part 1 of 2, # 28 Exhibit 19, Part 2 of 2, # 29 Exhibit 20, # 30 Exhibit 21, # 31 Exhibit 22, # 32 Exhibit 23, Part 1 of 2, # 33 Exhibit 23, Part 2 of 2, # 34 Exhibit 24, # 35 Exhibit 25, Part 1 of 2, # 36 Exhibit 25, Part 2 of 2, # 37 Exhibit 26, # 38 Exhibit 27, # 39 Exhibit 28, Part 1 of 2, # 40 Exhibit 28, Part 2 of 2, # 41 Exhibit 29, Part 1 of 3, # 42 Exhibit 29, Part 2 of 3, # 43 Exhibit 29, Part 3 of 3, # 44 Exhibit 30, # 45 Exhibit 31, Part 1 of 2, # 46 Exhibit 31, Part 2 of 2, # 47 Exhibit 32, Part 1 of 4, # 48 Exhibit 32, Part 2 of 4, # 49 Exhibit 32, Part 3 of 4, # 50 Exhibit 32, Part 4 of 4, # 51 Exhibit 33, # 52 Exhibit 34, # 53 Exhibit 35, # 54 Exhibit 36, # 55 Exhibit 37, # 56 Exhibit 38, # 57 Exhibit 39, # 58 Exhibit 40, # 59 Exhibit 41, # 60 Exhibit 42, # 61 Exhibit 43, # 62 Exhibit 44, # 63 Exhibit 45, # 64 Exhibit 46, # 65 Exhibit 47, # 66 Exhibit 48, # 67 Exhibit 49, # 68 Exhibit 50, # 69 Exhibit 51, # 70 Exhibit 52, # 71 Exhibit 53, # 72 Exhibit 54, # 73 Exhibit 55, # 74 Exhibit 56, # 75 Exhibit 57, # 76 Exhibit 58, # 77 Exhibit 59, # 78 Exhibit 60, # 79 Exhibit 61, # 80 Exhibit 62, # 81 Exhibit 63, # 82 Exhibit 64, # 83 Exhibit 65, # 84 Exhibit 66, # 85 Exhibit 67, # 86 Exhibit 68, # 87 Exhibit 69, # 88 Exhibit 70, # 89 Exhibit 71, # 90 Exhibit 72, # 91 Exhibit 73, # 92 Exhibit 74, # 93 Exhibit 75, # 94 Exhibit 76, # 95 Exhibit 77, # 96 Exhibit 78, # 97 Exhibit 79, # 98 Exhibit 80, # 99 Exhibit 81, # 100 Exhibit 82, # 101 Exhibit 83, # 102 Exhibit 84, # 103 Exhibit 85, # 104 Exhibit 86, # 105 Exhibit 87, # 106 Exhibit 88, # 107 Exhibit 89, # 108 Exhibit 90, # 109 Exhibit 91, # 110 Exhibit 92, # 111 Exhibit 93, # 112 Exhibit 94, # 113 Exhibit 95, # 114 Exhibit 96, # 115 Exhibit 97, Part 1 of 3, # 116 Exhibit 97, Part 2 of 3, # 117 Exhibit 97, Part 3 of 3, # 118 Exhibit 98)(Fleischer, David) (Entered: 10/17/2011) 10/17/2011 306 RULE 56.1 STATEMENT. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 10/17/2011) 307 MOTION for Summary Judgment. Document led by Gary Friedrich Enterprises, LLC..(Kramer, Charles) (Entered: 10/17/2011)
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308 DECLARATION of Charles S. Kramer in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit Part 1 of 4, # 9 Exhibit Part 2 of 4, # 10 Exhibit Part 3 of 4, # 11 Exhibit Part 4 of 4, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit Part 1 of 5, # 25 Exhibit Part 2 of 5, # 26 Exhibit Part 3 of 5, # 27 Exhibit Part 4 of 5, # 28 Exhibit Part 5 of 5, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit Part 1 of 3, # 33 Exhibit Part 2 of 3, # 34 Exhibit Part 3 of 3, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit)(Kramer, Charles) (Entered: 10/17/2011) 309 DECLARATION of Gary Friedrich in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich. (Kramer, Charles) (Entered: 10/17/2011) 310 MEMORANDUM OF LAW in Support re: 304 MOTION for Summary Judgment.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 10/17/2011) 311 RULE 56.1 STATEMENT. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 10/17/2011) 312 MEMORANDUM OF LAW in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 10/17/2011) 313 ENDORSED LETTER addressed to Judge Barbara S. Jones from Charles S. Kramer dated 10/14/2011 re: Plaintiffs request an extension of the motion and memorandum page length by an additional 10 pages for a total of 35 pages. ENDORSEMENT: Application granted. (Signed by Judge Barbara S. Jones on 10/17/2011) (ft) (Entered: 10/18/2011) 314 DECLARATION of Charles S. Kramer in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 44 Part 1 of 5, # 2 Exhibit 44 Part 2 of 5, # 3 Exhibit 44 Part 3 of 5, # 4 Exhibit 44 Part 4 of 5, # 5 Exhibit 44 Part 5 of 5)(Kramer, Charles) (Entered: 10/18/2011) 315 MEMORANDUM OF LAW in Opposition re: 302 MOTION for Reconsideration re; 34 Order Adopting Report and Recommendations, 95
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Amended Complaint,,.. Document led by MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Enterprises, Inc., Marvel Entertainment, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc.. (Fleischer, David) (Entered: 11/03/2011) 11/03/2011 316 DECLARATION of Walter Eliot Bard, Vice President, General Counsel of Marvel Entertainment LLC in Opposition re: 307 MOTION for Summary Judgment.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, 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, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Fleischer, David) (Entered: 11/03/2011) 317 COUNTER STATEMENT TO 311 Rule 56.1 Statement. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 11/03/2011) 318 MEMORANDUM OF LAW in Opposition re: 307 MOTION for Summary Judgment.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 11/03/2011) 319 DECLARATION of Charles S. Kramer in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 45, # 2 Exhibit 46, # 3 Exhibit 47, # 4 Exhibit 48, # 5 Exhibit 49, # 6 Exhibit 50, # 7 Exhibit 51, # 8 Exhibit 52, # 9 Exhibit 53, # 10 Exhibit 54, # 11 Exhibit 55)(Kramer, Charles) (Entered: 11/03/2011) 320 DECLARATION of Gary Friedrich in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 1)(Kramer, Charles) (Entered: 11/03/2011)
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321 COUNTER STATEMENT TO 306 Rule 56.1 Statement,. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 11/03/2011) 322 MEMORANDUM OF LAW in Opposition re: 304 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 11/03/2011) 323 DECLARATION of Walter Eliot Bard, Vice President, Deputy General Counsel of Marvel Entertainment, LLC in Support re: 304 MOTION for Summary Judgment.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Attachments: # 1 Exhibit 99, # 2 Exhibit 100, # 3 Exhibit 101, # 4 Exhibit 102, # 5 Exhibit 103, # 6 Exhibit 104)(Fleischer, David) (Entered: 11/14/2011) 324 DECLARATION of Jesse Falcon, Director of Merchandising of Marvel Entertainment, LLC in Support re: 304 MOTION for Summary Judgment.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Fleischer, David) (Entered: 11/14/2011) 325 RULE 56.1 STATEMENT. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 11/14/2011) 326 REPLY MEMORANDUM OF LAW in Support re: 304 MOTION for Summary Judgment.. Document led by Columbia Pictures Industries, Inc., Crystal Sky Pictures, Hasbro, Inc., MVL International C.V., Marvel Characters B.V., Marvel Characters, Inc., Marvel Entertainment, LLC, Marvel International Character Holdings, Inc., Marvel Studios, Inc., Marvel Worldwide, Inc., Michael De Luca Productions, Inc., Relativity Media L.L.C., Sony Pictures Entertainment, Inc., Take Two Interactive Software, Inc.. (Fleischer, David) (Entered: 11/14/2011)
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327 REPLY MEMORANDUM OF LAW in Support re: 302 MOTION for Reconsideration re; 34 Order Adopting Report and Recommendations, 95 Amended Complaint,,.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Evans, Eric) (Entered: 11/14/2011) 328 REPLY MEMORANDUM OF LAW in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 11/14/2011) 329 COUNTER STATEMENT TO 306 Rule 56.1 Statement, 311 Rule 56.1 Statement. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 11/14/2011) 330 DECLARATION of Gary Friedrich in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Kramer, Charles) (Entered: 11/14/2011) 331 DECLARATION of Charles S. Kramer in Support re: 307 MOTION for Summary Judgment.. Document led by Gary Friedrich, Gary Friedrich Enterprises, LLC.. (Attachments: # 1 Exhibit 56, # 2 Exhibit 57, # 3 Exhibit 58, # 4 Exhibit 59, # 5 Exhibit 60, # 6 Exhibit 61, # 7 Exhibit 62, # 8 Exhibit 63, # 9 Exhibit 64, # 10 Exhibit 65, # 11 Exhibit 66, # 12 Exhibit 67, # 13 Exhibit 68)(Kramer, Charles) (Entered: 11/14/2011) 332 NOTICE OF CASE REASSIGNMENT to Judge Katherine B. Forrest. Judge Barbara S. Jones is no longer assigned to the case. (pgu) (Entered: 11/21/2011) 333 ORDER: denying 302 Motion for Reconsideration. It is hereby ORDERED that Plaintiffs' Motion for Reconsideration is DENIED as untimely. The Clerk of the Court is directed to terminate this motion.. (Signed by Judge Katherine B. Forrest on 11/30/2011) (js) (Entered: 11/30/2011) 334 MEMORANDUM OPINION & ORDER re: 307 MOTION for Summary Judgment led by Gary Friedrich Enterprises, LLC., 304 MOTION for Summary Judgment led by Marvel Worldwide, Inc., Relativity Media L.L.C., Marvel Entertainment, LLC, Take Two Interactive Software, Inc., Marvel Characters B.V., Marvel International Character Holdings, Inc., Columbia Pictures Industries, Inc., Hasbro, Inc., Marvel Characters, Inc., Michael De Luca Productions, Inc., Crystal Sky Pictures, Sony Pictures Entertainment, Inc., MVL International C.V., Marvel Studios, Inc. Defendants October 17, 2011 motion for summary judgment is GRANTED. Plaintiffs October 17, 2011 motion for summary judgment is DENIED. The claim of ownership over the Character and the Work (Count I) is resolved in Defendants favor, which necessarily disposes of Plaintiffs claims for infringement relating to (i) the use of the Character in movies by Marvel and the Movie Defendants (Count II); and (ii) the use of the Character with respect to toys and video games (Count III). Accordingly, Plaintiffs remaining claims in the First Amended Complaint, led March 28, 2011 (Dkt. No. 95-2)--Counts I, II and III--are dismissed. The
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conduct of further proceedings in this action shall be governed by an order issued separately with this Memorandum Opinion. The Clerk of Court is directed to terminate the motions (Dkt. No. 304 and 307). (Signed by Judge Katherine B. Forrest on 12/28/2011) (mro) Modied on 12/29/2011 (mro). (Entered: 12/28/2011) 12/28/2011 335 ORDER: For the reasons set forth in the Memorandum Opinion & Order dated December 28, 2011, it is hereby ORDERED that the parties shall contact the chambers of Magistrate Judge Francis no later than January 6, 2012, in order to schedule settlement discussions under his supervision. IT IS FURTHER ORDERED that the parties shall submit a joint letter to the Court no later than January 6, 2012, addressing the following subjects: 1. What, if any, claims and/or counterclaims remain to be resolved in the second phase of this litigation, and against which parties; 2. What, if any, discovery must be conducted that had been stayed pending the outcome of the rst phase of this litigation, and by which parties; and 3. If any discovery must be conducted, a proposed schedule for how the parties plan to proceed with that discovery. IT IS FURTHER ORDERED that the parties shall appear for a status conference on January 31, 2012, at 1:00 p.m. in Courtroom 15A, United States Courthouse, 500 Pearl Street, New York, New York 10007. ( Status Conference set for 1/31/2012 at 01:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/28/2011) (mro) (Entered: 12/28/2011)
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Friedrich v. Marvel DOCKET (S.D.N.Y.)

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Friedrich v. Marvel DOCKET (S.D.N.Y.)

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CASREF, ECF, REOPEN

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Crystal Sky Pictures a California Corporation

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Defendant Activision Blizzard, Inc. Defendant Scholastic, Inc. Defendant

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Date Filed 02/14/2008

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