Case details

Court: nvd
Docket #: 2:10-cv-00854
Case Name: Righthaven LLC v. EMTCity.com et al
PACER case #: 73830
Date filed: 2010-06-04
Date terminated: 2011-05-10
Assigned to: Judge Howard D. McKibben
Referred to: Magistrate Judge Peggy A. Leen
Case Cause: 17:501 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Righthaven LLC
Plaintiff
Joseph C. Chu
Righthaven LLC 9960 West Cheyenne Avenue Las Vegas, NV 89129 702-527-5900 Email: jchu@righthaven.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Shawn A. Mangano
Shawn A. Mangano, Ltd 9960 West Cheyenne Avenue Suite 170 Las Vegas, NV 89129 (702) 304-0432 Fax: (702) 922-3851 Email: shawn@manganolaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Anne Pieroni
Righthaven LLC 9960 W. Cheyenne Ave. Suite 210 Las Vegas, NV 89129 (702) 527-5900 Fax: (702) 527-5909 Email: annepieroni@aol.com
TERMINATED: 04/14/2011

John Charles Coons
Righthaven LLC 9960 West Cheyenne Avenue Las Vegas, NV 89129 (702) 527-5906 Fax: (702) 527-5909 Email: jcoons@righthaven.com
TERMINATED: 02/08/2011

Steven A. Gibson
Dickinson Wright PLLC 7201 West Lake Mead Blvd. Suite 503 Las Vegas, NV 89128 702-541-8200 Fax: 702-541-7899 Email: sgibson@dickinsonwright.com
TERMINATED: 11/15/2010

EMTCity.com
Defendant
Jonathan W Fountain
Lewis and Roca, LLP 3993 Howard Hughes Pkwy. Suite 600 Las Vegas, NV 89169 702-949-8340 Fax: 702-949-8374 Email: jfountain@lrlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher J. Malley
Defendant
Jonathan W Fountain
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nikkya G. Williams
Lewis and Roca LLP 3993 Howard Hughes Parkway Las Vegas, NV 89169 702-474-2643 Email: nwilliams@lrlaw.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-06-04 1 0 COMPLAINT against Chris Malley, EMTCity.com (Filing fee $ 350 receipt number 0978-1632754), filed by Righthaven LLC. Certificate of Interested Parties due by 6/14/2010. Proof of service due by 10/2/2010. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons)(Coons, John) (Entered: 06/04/2010) 2010-10-21 13:05:15 9226da53a316c8bbfc03f536bbf116d20e3794d5
1 1 Exhibit 2010-10-21 13:06:41 b838caa9d06b87a781e77b36cd5c6b4baddf2754
1 2 Civil Cover Sheet
1 3 Summons
1 4 Summons
2010-06-04 2 0 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (EDS) (Entered: 06/04/2010)
2010-06-04 3 0 ERROR: Duplicate of 2 Notice. (MJZ) NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC § 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (Attachments: # 1 Complaint) (EDS) (Entered: 06/04/2010)
2010-06-04 4 0 AO 121 - REPORT on the filing or determination of an action or appeal regarding a copyright. Mailed to the Register of Copyrights, Copyright Office. (Attachments: # 1 complaint) (EDS) (Entered: 06/04/2010)
2010-06-04 5 0 Summons Issued as to EMTCity.com and Christopher J. Malley. (Attachments: # 1 Summons Issued as to Christopher Malley)(EDS) (Entered: 06/04/2010)
2010-06-07 6 0 CERTIFICATE of Interested Parties filed by Righthaven LLC Identifying Corporate Parent Net Sortie Systems, LLC, Corporate Parent SI Content Monitor LLC for Righthaven LLC. (Coons, John) (Entered: 06/07/2010)
2010-06-30 7 0 SUMMONS Returned Executed by Righthaven LLC re 5 Summons Issued, 1 Complaint,. Christopher J. Malley served on 6/24/2010, answer due 7/15/2010. (Coons, John) (Entered: 06/30/2010)
2010-07-14 8 0 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue by Defendants EMTCity.com, Christopher J. Malley. Responses due by 7/31/2010. (Attachments: # 1 Declaration Christopher J. Malley)(Fountain, Jonathan) (Entered: 07/14/2010)
2010-07-30 9 0 RESPONSE to 8 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue, filed by Plaintiff Righthaven LLC. Replies due by 8/9/2010. (Attachments: # 1 Exhibit)(Coons, John) (Entered: 07/30/2010)
2010-07-30 10 0 DECLARATION of Joseph C. Chu, Esq. re 9 Response to Motion ; by Plaintiff Righthaven LLC. (Attachments: # 1 Exhibit)(Coons, John) (Entered: 07/30/2010)
2010-08-19 11 0 REPLY to Response to 8 MOTION to Dismiss for Lack of Jurisdiction and Improper Venue ; filed by Defendants EMTCity.com, Christopher J. Malley. (Attachments: # 1 Declaration Christopher J. Malley (Supplemental))(Fountain, Jonathan) (Entered: 08/19/2010)
2010-09-23 12 0 MOTION to Stay Rule 26(f) Conference by Defendant Christopher J. Malley. Motion ripe 9/23/2010. (Williams, Nikkya) (Entered: 09/23/2010)
2010-09-23 13 0 MINUTE ORDER IN CHAMBERS of The Honorable Judge Howard D. McKibben on 9/23/2010. By Deputy Clerk: Paris Rich. Telephonic Motion Hearing Re: 8 Motion to Dismiss set for Wednesday, 10/20/2010 at 10:00 AM in Reno Courtroom 4 before Judge Howard D. McKibben. Telephonic Hearing shall be conducted via AT&T Conference. Participants shall call AT&T no later than 5 minutes prior to the hearing at 1(877) 336-1839 and provide Access Code 3246567 and Security Code 0021. IT IS SO ORDERED. (no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 09/23/2010)
2010-09-24 14 0 MINUTE ORDER IN CHAMBERS of The Honorable Judge Howard D. McKibben on 9/24/2010. By Deputy Clerk: Paris Rich. IT IS ORDERED, Telephonic Motion Hearing Re: 8 Motion to Dismiss currently set for Tuesday, 10/20/2010 at 10:00 AM is ADVANCED and RESET for 9:00 AM (Same Date) in Reno Courtroom 4 before Judge Howard D. McKibben. Telephonic Hearing shall be conducted via AT&T Conference. Participants shall call AT&T no later than 5 minutes prior to the hearing at 1(877) 336-1839 and provide Access Code 3246567 and Security Code 0021. IT IS SO ORDERED.(no image attached) (Copies have been distributed pursuant to the NEF - PR) (Entered: 09/24/2010)
2010-10-05 15 0 RESPONSE to 12 MOTION to Stay Rule 26(f) Conference, filed by Plaintiff Righthaven LLC. Replies due by 10/15/2010. (Coons, John) (Entered: 10/05/2010)
2010-10-05 16 0 DECLARATION of J. Charles Coons, Esq. re 15 Response to Motion ; by Plaintiff Righthaven LLC. (Coons, John) (Entered: 10/05/2010)
2010-10-14 17 0 REPLY to Response to 12 MOTION to Stay Rule 26(f) Conference ; filed by Defendants EMTCity.com, Christopher J. Malley. (Attachments: # 1 Declaration Jonathan W. Fountain)(Fountain, Jonathan) (Entered: 10/14/2010)
2010-10-20 18 0 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing Re: 8 Motion to Dismiss held on 10/20/2010 before Judge Howard D. McKibben. Crtrm Administrator: Paris Rich; Pla Counsel: Steven Gibson, John Charles Coons, and Joseph Chu (Telephonically); Def Counsel: Jonathan Fountain (Telephonically); Court Reporter: Kathryn French; Time of Hearing: 8:57 AM to 9:45 AM; Courtroom: 4; Counsel is present as indicated. Court recites matter on calendar. Mr. Fountain, on behalf of Defendants, presents opening argument. Mr. Gibson, on behalf of Plaintiff, presents closing argument. Mr. Fountain presents closing argument. Court recites findings and conclusions. IT IS ORDERED, 8 Motion to Dismiss is DENIED, without prejudice, to be renewed within 15 days upon completion of limited discovery. IT IS FURTHER ORDERED, the parties shall have 45 days from this date to engage in limited discovery, which shall be confined to the standing and specific jurisdiction issues set forth this date. IT IS FURTHER ORDERED, upon the renewal of Defendants' motion, Plaintiff shall have 15 days to respond, and Defendants' reply shall be due 5 days thereafter. IT IS SO ORDERED. (Copies have been distributed pursuant to the NEF - PR) (Entered: 10/20/2010)
2010-10-28 19 0 ORDER that Defendants Motion to Stay Rule 26(f) Conference 12 is GRANTED in part and DENIED in part. The parties shall conduct a Rule 26(f) conference for the purpose of discussing and scheduling the limited discovery directed by the district judge. Signed by Magistrate Judge Peggy A. Leen on 10/26/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 10/29/2010)
2010-11-12 20 0 Submission of PROPOSED ORDER filed by Plaintiff Righthaven LLC SUBSTITUTION OF COUNSEL BY STIPULATION. (Mangano, Shawn) (Entered: 11/12/2010)
2010-11-15 21 0 ORDER ON STIPULATION Granting 20 Substitution of Counsel by Stipulation. Attorney Shawn Mangano substituted for Attorney Steven A. Gibson. Signed by Judge Howard D. McKibben on 11/15/10. (Copies have been distributed pursuant to the NEF - EDS) (Entered: 11/16/2010)
2010-12-08 22 0 MOTION to Dismiss (Renewed) per Court's October 20, 2010 Order by Defendants EMTCity.com, Christopher J. Malley. Responses due by 12/25/2010. (Fountain, Jonathan) (Entered: 12/08/2010)
2010-12-22 23 0 STIPULATION re 22 MOTION to Dismiss (Renewed) per Court's October 20, 2010 Order ; STIPULATION AND [PROPOSED] ORDER TO EXTEND THE TIME FOR PLAINTIFF TO FILE ITS OPPOSITION TO DEFENDANTS RENEWED MOTION TO DISMISS AND FOR DEFENDANTS TO FILE THEIR REPLY by Plaintiff Righthaven LLC. (Coons, John) (Entered: 12/22/2010)
2010-12-27 24 0 ORDER GRANTING 23 Stipulation to Extend Deadlines. Responses due by 1/3/2011 and Replies due by 1/20/2011 re 22 MOTION to Dismiss (Renewed) per Court's October 20, 2010 Order. Signed by Judge Howard D. McKibben on 12/27/10. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 12/27/2010)
2011-01-03 25 0 RESPONSE to 22 MOTION to Dismiss (Renewed) per Court's October 20, 2010 Order, filed by Plaintiff Righthaven LLC. Replies due by 1/13/2011. (Mangano, Shawn) (Entered: 01/03/2011)
2011-01-03 26 0 DECLARATION re 22 MOTION to Dismiss (Renewed) per Court's October 20, 2010 Order ; filed by Plaintiff Righthaven LLC. Shawn A. Mangano, Esq. (Attachments: # 1 Exhibit Exhibit 1)(Mangano, Shawn) (Entered: 01/03/2011) 2011-12-09 17:21:58 950c50054209fa970111887d84b3e96de282b082
26 2 Exhibit Exhibit 1
2011-01-20 27 0 REPLY to Response to 22 MOTION to Dismiss (Renewed) per Court's October 20, 2010 Order ; filed by Defendants EMTCity.com, Christopher J. Malley. (Fountain, Jonathan) (Entered: 01/20/2011) 2011-12-09 17:24:31 a3f1bb1c591fd5da37a476afb0804b130bda747c
2011-01-24 28 0 ORDER Denying 22 Renewed Motion to Dismiss. Signed by Judge Howard D. McKibben on 1/24/11. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 01/24/2011) 2011-01-24 22:13:09 097acd045c89e28d472a25ca978866fae8383e31
2011-02-07 29 0 MOTION to Withdraw as Attorney by J. Charles Coons. by Plaintiff Righthaven LLC. Motion ripe 2/7/2011. (Coons, John) (Entered: 02/07/2011)
2011-02-08 30 0 ORDER Granting 29 Motion to Withdraw as Attorney. John Charles Coons withdrawn from the case. Signed by Judge Howard D. McKibben on 2/8/11. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 02/08/2011)
2011-03-11 31 0 NOTICE of Appearance by attorney Anne Pieroni on behalf of Plaintiff Righthaven LLC. with Certificate of Service (Pieroni, Anne) (Entered: 03/11/2011)
2011-03-11 32 0 WITHDRAWN per 36 Order dated 3/24/11 MOTION for Entry of Clerks Default with Certificate of Service by Plaintiff Righthaven LLC. Motion ripe 3/11/2011. (Pieroni, Anne) (Entered: 03/11/2011) 2011-03-12 02:23:59 c186f96b13f2606f65ebc75e9feab8a8694cdd04
2011-03-11 33 0 WITHDRAWN per 36 Order dated 3/24/11 RESPONSE to 32 MOTION for Entry of Clerks Default with Certificate of Service, filed by Defendants EMTCity.com, Christopher J. Malley. Replies due by 3/21/2011. (Fountain, Jonathan) Modified on 3/31/2011 (SRK). (Entered: 03/11/2011) 2011-03-12 02:25:13 0d2885d47bc988186e6bdd3f104d27d7e8b18178
2011-03-14 34 0 MOTION to Withdraw 32 MOTION for Entry of Clerks Default with Certificate of Service, 33 Response to Motion with Certificate of Service by Plaintiff Righthaven LLC. Motion ripe 3/14/2011. (Pieroni, Anne) (Entered: 03/14/2011) 2011-03-14 13:53:04 70314f5a1c6315d4a83265b471ed69c8da918cb5
2011-03-16 35 0 ANSWER to 1 Complaint, with Jury Demand filed by EMTCity.com, Christopher J. Malley. Certificate of Interested Parties due by 3/26/2011. Discovery Plan/Scheduling Order due by 4/30/2011.(Fountain, Jonathan) (Entered: 03/16/2011)
2011-03-24 36 0 ORDER Granting 34 Motion to Withdraw 32 MOTION for Entry of Clerks Default. Signed by Judge Howard D. McKibben on 3/24/11. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 03/24/2011) 2011-03-24 14:09:49 7c489f924bc3b38b01c94e80d363b486dc95bb5a
2011-04-04 37 0 ORDER that Defendant EMTCity.com shall file its Certificate as to Interested Parties, which fully complies with LR 7.1-1 no later than 4:00 p.m., April 18, 2011. Failure to comply may result in the issuance of an order to show cause why sanctions should not be imposed. Signed by Magistrate Judge Peggy A. Leen on 4/4/11. (Copies have been distributed pursuant to the NEF - ECS) (Entered: 04/05/2011)
2011-04-05 38 0 NOTICE by Plaintiff Righthaven LLC Notice of Settlement with Certificate of Service (Mangano, Shawn) (Entered: 04/05/2011)
2011-04-05 39 0 CERTIFICATE of Interested Parties filed by EMTCity.com. There are no known interested parties other than those participating in the case. (Fountain, Jonathan) (Entered: 04/05/2011)
2011-04-06 40 0 MOTION to Withdraw as Attorney with Certificate of Service by Anne Pieroni. by Plaintiff Righthaven LLC. Motion ripe 4/6/2011. (Attachments: # 1 Proposed Order Order Granting Motion to Withdraw)(Pieroni, Anne) (Entered: 04/06/2011)
2011-04-14 41 0 ORDER Granting 40 Motion to Withdraw as Attorney by Anne Pieroni as counsel of record for Righthaven. Signed by Judge Howard D. McKibben on 4/14/11. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 04/14/2011)
2011-05-06 42 0 SCHEDULING ORDER. Discovery due by 9/12/2011. Motions due by 10/12/2011. Proposed Joint Pretrial Order due by 11/14/2011. Signed by Magistrate Judge Peggy A. Leen on 5/5/11. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 05/06/2011)
2011-05-10 43 0 STIPULATION of Dismissal With Prejudice and Without Attorneys' Fees or Costs Awarded to Any Party by Defendants EMTCity.com, Christopher J. Malley. (Fountain, Jonathan) (Entered: 05/10/2011) 2011-05-10 19:27:25 d6870f5b79564fdcd441726213ac7fc3cce41e66
2011-05-10 44 0 ORDER ON STIPULATION Granting 43 Stipulation of Dismissal with prejudice. Signed by Judge Howard D. McKibben on 5/10/11. (Copies have been distributed pursuant to the NEF - MMM) (Entered: 05/10/2011)
2011-05-11 45 0 AO 121 - REPORT on the filing or determination of an action or appeal regarding a copyright. Mailed to the Register of Copyrights, Copyright Office. (Attachments: # 1 Order) (MMM) (Entered: 05/11/2011)