Case details

Court: scd
Docket #: 2:10-cv-03075
Case Name: Righthaven LLC v. Eiser
PACER case #: 178965
Date filed: 2010-12-02
Date terminated: 2012-02-16
Date of last filing: 2011-10-20
Assigned to: Honorable Richard M Gergel
Referred to: Magistrate Judge Jacquelyn D Austin
Case Cause: 28:1338 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Righthaven LLC
Counter Defendant
a Nevada limited-liability company
Edward Anton Bertele
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Edward T Fenno
(See above for address)
TERMINATED: 05/18/2011

Dana Eiser
Counter Claimant
an individual
James John Todd Kincannon
(See above for address)
ATTORNEY TO BE NOTICED

Jared Quante Libet
(See above for address)
TERMINATED: 05/18/2011

Larkin Taylor Thad Viers
(See above for address)
ATTORNEY TO BE NOTICED

William M Connor
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2010-12-02 1 0 Complaint COMPLAINT against Dana Eiser ( Filing fee $ 350 receipt number 0420-3080966.), filed by Righthaven LLC. (Attachments: # 1Exhibits 1 through 3: 1. Denverpost.com 2. Lowcountry912's Blog 3. Application)(alan, ) (Entered: 12/03/2010) 2010-12-07 11:24:06 df69214fbed32ca21086f3f67a313543c96819e4
1 1 Exhibit Exhibits 1 through 3: 1. Denverpost.com 2. Lowcountry912's Blog 3. 2010-12-07 13:56:30 b0f2345d4621e13916759504ed6f3dab19dd7dc4
2010-12-02 2 0 Local Rule 26.01 Answers to Interrogatories Local Rule 26.01 Answers to Interrogatories by Righthaven LLC.(alan, ) Modified on 8/3/2011: see 67 Amended LR 26.01s (kmca). (Entered: 12/03/2010) 2010-12-07 13:54:45 8c75a4ab95cc3d84d5ed0d35cc092ed4e0acb700
2010-12-02 4 0 Summons Issued Summons Issued as to Dana Eiser. (alan, ) (Entered: 12/03/2010)
2010-12-03 5 0 Report on the Filing or Determination of Copyright Report on the Filing or Determination of an Action or Appeal Regarding a Copyright. (alan, ) (Entered: 12/03/2010)
2010-12-03 6 0 Document E-Mailed ***DOCUMENT E-MAILED 5 Report on the Filing or Determination of Copyright to 508filings@loc.gov at the Register of Copyrights, Copyright Office, Washington DC 20559. (alan, ) (alan, ). (Entered: 12/03/2010)
2011-01-18 7 0 Answer to Complaint ANSWER to 1 Complaint by Dana Eiser.(rpol, ) (Entered: 01/19/2011)
2011-01-24 13 0 Entry Deletion DELETION OF DOCKET ENTRY NUMBER #11. Reason: document filed in error. A new scheduling order will be filed by the Court. (rpol, ) (Entered: 01/24/2011)
2011-01-26 14 0 Order to Notify of Address Change ORDER directing pro se defendant. Dana Eiser, to notify Clerk in writing of any address changes. Signed by Magistrate Judge Bristow Marchant on 1/24/11. (hhil, ) (Entered: 01/26/2011)
2011-01-26 15 0 Scheduling Order SCHEDULING ORDER: Amended Pleadings due by 2/25/2011, Plaintiffs ID of Expert Witness due by 3/25/2011, Defendants ID of Expert Witnesses Due by 4/25/2011, Records Custodian Affidavit due by 4/25/2011, Discovery due by 5/25/2011, Motions due by 7/25/2011, ADR Statement due by 5/25/2011, Mediation Due by 6/24/2011. Signed by Magistrate Judge Bristow Marchant on 1/25/11. (hhil, ) (Entered: 01/26/2011)
2011-01-26 16 0 Document Mailed ***DOCUMENT MAILED 15 Scheduling Order, 14 Order to Notify of Address Change placed in U.S. Mail to Dana Eiser. (hhil, ) (Entered: 01/26/2011)
2011-02-15 17 0 Notice of Appearance NOTICE of Appearance by Jared Quante Libet on behalf of Dana Eiser (Libet, Jared) (Entered: 02/15/2011)
2011-02-15 18 0 Local Rule 26.01 Answers to Interrogatories Local Rule 26.01 Answers to Interrogatories by Dana Eiser.(Libet, Jared) (Entered: 02/15/2011) 2011-03-01 14:24:46 7d36b3f8c76f72c1f718594883375a11fbae8f64
2011-02-25 22 0 Amended Answer to Complaint AMENDED ANSWER to Complaint, COUNTERCLAIM against Righthaven LLC by Dana Eiser. (Libet, Jared) (Entered: 02/25/2011) 2011-03-01 02:15:15 f5d434980a3a46b2a9d48636f96c01b90ff9407a
2011-03-11 23 0 Motion to Dismiss MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f) by Righthaven LLC. Response to Motion due by 3/28/2011 (Attachments: # 1 Memo in Support, # 2 Exhibit A - Unpublished decision - Monster Daddy LLC v. Monster Cable Products, Inc. (D.S.C. 2010), # 3 Exhibit B - Unpublished decision - Bunch v. Shalala (4th Cir. 1995), # 4 Exhibit C - Unpublished decision - Lincoln National Corp. v. Steadfast Insurance Co. (N.D.Ind. 2006), # 5 Exhibit D - Unpublished decision - Stoudemire v. Branch Banking & Trust Bankcard Corp. (D.S.C. 2010))No proposed order(Fenno, Edward) (Entered: 03/11/2011)
23 1 Memo in Support 2011-03-17 14:16:15 12dea08bdabf5a36a5c34c5f1f316712256922e3
23 2 Exhibit A - Unpublished decision - Monster Daddy LLC v. Monster Cable Products,
23 3 Exhibit B - Unpublished decision - Bunch v. Shalala (4th Cir. 1995)
23 4 Exhibit C - Unpublished decision - Lincoln National Corp. v. Steadfast Insurance
23 5 Exhibit D - Unpublished decision - Stoudemire v. Branch Banking & Trust Bankcard
2011-03-25 24 0 Order Referring Case to Magistrate Judge(Non-Consent) ORDER REFERRING CASE to Magistrate Judge Jacquelyn D Austin. Signed by Honorable Richard M Gergel on 3/25/2011. Motions referred to Jacquelyn D Austin.(sshe, ) (Entered: 03/25/2011)
2011-03-25 27 0 Scheduling Order AMENDED SCHEDULING ORDER: Rule 26(f) Conference Deadline 4/15/2011, 26(a) Initial Disclosures due by 4/29/2011, Rule 26 Report due by 4/29/2011, Amended Pleadings due by 6/23/2011, Plaintiffs ID of Expert Witness due by 7/25/2011, Defendants ID of Expert Witnesses Due by 8/22/2011, Records Custodian Affidavit due by 8/29/2011, Discovery due by 9/21/2011, Motion in Limine due by 9/28/2011, Motions due by 10/5/2011, Rule 26(a)(3) Disclosures due by 12/12/2011, Pretrial Briefs due by 12/12/2011, Jury Selection Deadline 12/19/2011. Signed by Magistrate Judge Jacquelyn D Austin on 3/25/11. (kmca) (Entered: 03/25/2011)
2011-03-28 28 0 Response in Opposition to Motion RESPONSE in Opposition re 23 MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f). Response filed by Dana Eiser.Reply to Response to Motion due by 4/7/2011 (Libet, Jared) Modified on 3/29/2011: to remove duplicate text (kmca). Modified on 7/15/2011: see 62 Amended Response (kmca). (Entered: 03/28/2011) 2012-02-25 16:08:56 d8361ec26cddcd29a6cd75aebd5eab23e75a7327
2011-04-01 30 0 Motion to Amend/Correct MOTION to Amend/Correct 1 Complaint by Righthaven LLC. Response to Motion due by 4/18/2011 (Attachments: # 1 Exhibit "A" - Proposed Amended Complaint and Demand for Jury Trial and Related Exhibits)Proposed order is being emailed to chambers with copy to opposing counselMotions referred to Jacquelyn D Austin.(Fenno, Edward) (Entered: 04/01/2011)
2011-04-04 33 0 Order on Motion to Amend/Correct TEXT ORDER granting 30 Motion to Amend/Correct 1 Complaint. Plaintiff should file the Amended Complaint in the CM/ECF system. Signed by Magistrate Judge Jacquelyn D Austin on 4/4/11.(kmca) (Entered: 04/04/2011)
2011-04-06 34 0 Reply to Response to Motion REPLY to Response to Motion re 23 MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f). Response filed by Righthaven LLC. (Fenno, Edward) Modified on 4/7/2011: to remove duplicate text (kmca). (Entered: 04/06/2011)
2011-04-07 35 0 Order on Motion to Dismiss TEXT ORDER deferring ruling on 23 Motion to Dismiss. The Court has granted the Plaintiff's 30 Motion to Amend the Complaint; Plaintiff shall file the amended complaint within five (5) days of the filing date of this order. The Court will hold any ruling on the Motion to Dismiss in abeyance until such time as the Defendant has filed an answer to the amended complaint. Signed by Magistrate Judge Jacquelyn D Austin on 4/7/11.(kmca) (Entered: 04/07/2011)
2011-04-07 36 0 Amended Complaint AMENDED COMPLAINT against Dana Eiser, filed by Righthaven LLC. (Attachments: # 1 Exhibit 1 - Denverpost.com; Exhibit 2 - Lowcountry912's Blog; Exhibit 3 - Application) (Fenno, Edward) (Entered: 04/07/2011) 2011-04-20 13:18:37 3448121b9de5001925824470edbb7c4b900170f7
2011-04-19 37 0 Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Dana Eiser. Response to Motion due by 5/6/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Kincannon, James) (Entered: 04/19/2011) 2012-02-25 16:12:32 21a3476659d05b9a1d44149c72db4bffabbd2904
2011-04-29 38 0 Rule 26(f) Report Rule 26(f) Report by Dana Eiser, Righthaven LLC. (Attachments: # 1 LR 26.03 Answers Attachment, # 2 Addendum Mediation Submission)(Kincannon, James) (Entered: 04/29/2011) 2011-07-11 17:48:32 7ac3aeaeb7a78d4ef7bafb793093911622407199
38 1 LR 26.03 Answers Attachment
38 2 Addendum Mediation Submission
2011-05-02 39 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney by Jared Q. Libet by Dana Eiser. Response to Motion due by 5/19/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Kincannon, James) (Entered: 05/02/2011)
2011-05-06 41 0 Response in Opposition to Motion RESPONSE in Opposition re 37 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Response filed by Righthaven LLC.Reply to Response to Motion due by 5/16/2011 (Fenno, Edward) (Entered: 05/06/2011)
2011-05-17 43 0 Motion to Withdraw as Attorney MOTION to Withdraw as Attorney by Edward T. Fenno and Motion to Stay by Righthaven LLC. Response to Motion due by 6/3/2011. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Fenno, Edward). Added MOTION to Stay on 5/17/2011 to include additional motion reliefs (kmca). (Entered: 05/17/2011)
2011-05-18 45 0 Order on Motion to Withdraw as Attorney TEXT ORDER granting 39 Motion to Withdraw as Attorney. Jared Q. Libet terminated as counsel for Defendant. Signed by Magistrate Judge Jacquelyn D Austin on 5/18/11.(kmca) (Entered: 05/18/2011)
2011-05-18 47 0 Order on Motion to Withdraw as Attorney TEXT ORDER granting 43 Motion to Withdraw as Attorney by Attorney Fenno; granting 43 Motion to Stay. Plaintiff/Counter-Defendant Righthaven has fourteen (14) days from the entry of this Order to obtain new counsel. Because a corporation can not proceed in this matter without counsel, Righthaven's failure to obtain counsel within this time period may result in summary dismissal of this action. Signed by Magistrate Judge Jacquelyn D Austin on 5/18/11.(kmca) (Entered: 05/18/2011)
2011-05-18 49 0 Document Mailed ***DOCUMENT MAILED 47 Order on Motion to Withdraw as Attorney, Order on Motion to Stay, placed in U.S. Mail to Righthaven LLC: Steve Gibson, EsquirePresident, Righthaven LLC, Conquistador Business Park, 9960 West Cheyenne Ave, Ste 210, Las Vegas, NV 89129. (kmca) (Entered: 05/18/2011)
2011-05-31 50 0 Notice of Appearance NOTICE of Appearance by Edward Anton Bertele on behalf of Righthaven LLC (Bertele, Edward) (Entered: 05/31/2011)
2011-06-23 53 0 Amended Answer to Complaint SECOND AMENDED ANSWER to 36 Amended Complaint, COUNTERCLAIM against Righthaven LLC by Dana Eiser. (Attachments: # 1 Exhibit 1, Order of June 15, 2011 Righthaven v. Democratic Underground, # 2 Exhibit 2, Order of June 20, 2011 Righthaven v. Hoehn, # 3 Exhibit 3, Arkansas Democrat-Gazette Story August 26, 2010, # 4 Exhibit 4, The New York Times Story August 26, 2010, # 5 Exhibit 5, Mike Rosen Plagiarism Allegations, # 6 Exhibit 6, Las Vegas Sun April 20, 2011, # 7 Exhibit 7, Las Vegas Sun April 11, 2011, # 8 Exhibit 8, Order of April 11, 2011 Righthaven v. Hill, # 9 Exhibit 9, Las Vegas Sun August 26, 2010, # 10 Exhibit 10, Las Vegas Sun June 20, 2011, # 11 Exhibit 11, CNN/Fortune Magazine January 6, 2011, # 12 Exhibit 12, Sherman Frederick Blog September 1, 2010, # 13 Exhibit 13, Las Vegas Sun June 16, 2011, # 14 Exhibit 14, Order of April 14, 2011 Righthaven v. Democratic Underground, # 15 Exhibit 15, Commentary from Professor Eric E Johnson, # 16 Exhibit 16, Righthaven's Opposition To Thomas A. DiBiase's Motion to Dismiss December 2, 2010) (Kincannon, James) Modified on 6/24/2011: to add descriptions to exhibits (kmca). Modified on 7/5/2011: see 56 Supplement (kmca). Modified on 7/25/2011: to edit text: add "second" (kmca). (Entered: 06/23/2011)
2011-06-23 54 0 Motion to Consolidate Cases MOTION to Consolidate Cases by Dana Eiser(an individual). Response to Motion due by 7/11/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Kincannon, James) (Entered: 06/23/2011) 2011-07-05 13:18:25 6455bfd2c10106f327cd7eba1dab0bd795872012
2011-06-24 55 0 Certificate of Consultation on Motion CERTIFICATE OF CONSULTATION byDana Eiser(an individual) re 54 MOTION to Consolidate Cases. (Kincannon, James) (Entered: 06/24/2011)
2011-07-02 56 0 Supplement SUPPLEMENT by Dana Eiser(an individual) to 53 Amended Answer to Complaint, Counterclaim,,,,,,,, WAIVER AS TO ANNE PIERONI. (Kincannon, James) (Entered: 07/02/2011) 2011-07-05 04:57:30 1f1da20f915c9a862183f1db62f3520392fb9184
2011-07-05 57 0 Motion for Leave to File Excess Pages MOTION for Leave to File Excess Pages re Motion to Dismiss by Dana Eiser(an individual). Response to Motion due by 7/22/2011 (Attachments: # 1 Main Document Rule 12(b)(1) Motion to Dismiss, # 2 Exhibit A - SAA, # 3 Exhibit B - SAA Clarification, # 4 Exhibit C - Order Unsealing SAA, # 5 Exhibit D - Democratic Underground Dismissal, # 6 Exhibit E - Hoehn Dismissal, # 7 Exhibit F - DiBiase Dismissal, # 8 Exhibit G - Barham Dismissal, # 9 Exhibit H - Jama Summary Judgment, # 10 Exhibit I - Order to Show Cause by Judge Mahan, # 11 Exhibit J - Order to Show Cause by Judge Hicks, # 12 Exhibit K - District of Colorado Stay Order by Judge Kane, # 13 Exhibit L - Righthaven Intervention, # 14 Exhibit M - Righthaven's Response to Amici, # 15 Exhibit N - Arkansas Democrat-Gazette Story, # 16 Exhibit O - New York Times Story, # 17 Exhibit P - Wired.com Story, # 18 Exhibit Q - Rosen Freelance Column, # 19 Exhibit R - Denver Westword Story about Rosen Plagiarism, # 20 Exhibit S - Rocky Mountain News Shutdown, # 21 Exhibit T - Rosen Rocky Mountain News Column, # 22 Exhibit U - Rosen Real Clear Politics Column, # 23 Exhibit V - Righthaven Website, # 24 Exhibit W - S.C. Supreme Court Original Jurisdiction Petition, # 25 Exhibit X - Verification and Authentication)No proposed order.Motions referred to Jacquelyn D Austin.(Kincannon, James) (Attachment 2 replaced on 7/5/2011 to get header on exhibit per systems) (kmca). (Entered: 07/05/2011)
2011-07-07 59 0 Order on Motion to Consolidate Cases TEXT ORDER denying 54 Motion to Consolidate Cases; granting in part and denying in part 57 Motion for Leave to File Excess Pages. Defendant Eiser may file excess pages such that the entire brief does not exceed 45 pages, excluding exhibits. Signed by Magistrate Judge Jacquelyn D Austin on 7/7/11.(kmca) (Entered: 07/07/2011)
2011-07-07 60 0 Motion to Dismiss/Lack of Jurisdiction MOTION to Dismiss for Lack of Jurisdiction by Dana Eiser(an individual). Response to Motion due by 7/25/2011 (Attachments: # 1 Exhibit A - SAA, # 2 Exhibit B - SAA Clarification, # 3 Exhibit C - Order Unsealing SAA, # 4 Exhibit D - Democratic Underground Dismissal, # 5 Exhibit E - Hoehn Dismissal, # 6 Exhibit F - DiBiase Dismissal, # 7 Exhibit G - Barham Dismissal, # 8 Exhibit H - Jama Summary Judgment, # 9 Exhibit I - Order to Show Cause by Judge Mahan, # 10 Exhibit J - Order to Show Cause by Judge Hicks, # 11 Exhibit K - District of Colorado Stay Order by Judge Kane, # 12 Exhibit L - Righthaven Intervention, # 13 Exhibit M - Righthaven's Response to Amici, # 14 Exhibit N - Arkansas Democrat-Gazette Story, # 15 Exhibit O - New York Times Story, # 16 Exhibit P - Wired.com Story, # 17 Exhibit Q - Rosen Freelance Column, # 18 Exhibit R - Denver Westword Story about Rosen Plagiarism, # 19 Exhibit S - Rocky Mountain News Shutdown, # 20 Exhibit T - Rosen Rocky Mountain News Column, # 21 Exhibit U - Rosen Real Clear Politics Column, # 22 Exhibit V - Righthaven Website, # 23 Exhibit W - S.C. Supreme Court Original Jurisdiction Petition, # 24 Exhibit X - Verification and Authentication)No proposed order.Motions referred to Jacquelyn D Austin.(Kincannon, James) (Attachment 1 replaced on 7/8/2011 to get header on exhibit per systems) (kmca). Modified on 7/11/2011: see 61 Supplemental Exhibit Y (kmca). Modified on 7/18/2011: see 64 Supplement (kmca). Modified on 12/15/2011: see 88 Supplement (kmca). (Entered: 07/07/2011) 2011-07-11 17:49:44 795b34abdcc0fcf67b9d95fe584d3ec1911eb621
60 1 Exhibit A - SAA
60 2 Exhibit B - SAA Clarification
60 3 Exhibit C - Order Unsealing SAA
60 4 Exhibit D - Democratic Underground Dismissal
60 5 Exhibit E - Hoehn Dismissal
60 6 Exhibit F - DiBiase Dismissal
60 7 Exhibit G - Barham Dismissal
60 8 Exhibit H - Jama Summary Judgment
60 9 Exhibit I - Order to Show Cause by Judge Mahan
60 10 Exhibit J - Order to Show Cause by Judge Hicks
60 11 Exhibit K - District of Colorado Stay Order by Judge Kane
60 12 Exhibit L - Righthaven Intervention
60 13 Exhibit M - Righthaven's Response to Amici
60 14 Exhibit N - Arkansas Democrat-Gazette Story
60 15 Exhibit O - New York Times Story
60 16 Exhibit P - Wired.com Story
60 17 Exhibit Q - Rosen Freelance Column
60 18 Exhibit R - Denver Westword Story about Rosen Plagiarism
60 19 Exhibit S - Rocky Mountain News Shutdown
60 20 Exhibit T - Rosen Rocky Mountain News Column
60 21 Exhibit U - Rosen Real Clear Politics Column
60 22 Exhibit V - Righthaven Website
60 23 Exhibit W - S.C. Supreme Court Original Jurisdiction Petition
60 24 Exhibit X - Verification and Authentication
2011-07-08 61 0 Supplement SUPPLEMENT by Dana Eiser(an individual) to 60 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Exhibit Y (Supplemental) - Righthaven-MediaNews Group Agreement)(Kincannon, James) (Entered: 07/08/2011) 2011-07-11 17:50:10 65efe6788d1bf290bdfce4b23e7d508eb2680b53
61 1 Exhibit Y (Supplemental) - Righthaven-MediaNews Group Agreement
2011-07-11 62 0 Response in Opposition to Motion Defendant's AMENDED RESPONSE in Opposition re 23 MOTION to Dismiss , or Alternatively Strike, Defendant's Counterclaims Pursuant to FRCP 12(b)(6), 15(a)(2), and/or 12(f). Response filed by Dana Eiser(an individual).Reply to Response to Motion due by 7/21/2011 (Kincannon, James) Modified on 7/12/2011: to remove duplicative text (kmca). Modified on 7/18/2011: see 64 Supplement (kmca). (Entered: 07/11/2011)
2011-07-15 64 0 Supplement SUPPLEMENT by Dana Eiser(an individual) to 60 MOTION to Dismiss for Lack of Jurisdiction, 62 Response in Opposition to Motion,. (Attachments: # 1 Exhibit 1 - Sherman Frederick's Blog Post re Sharron Angle)(Kincannon, James) (Entered: 07/15/2011)
2011-07-22 65 0 Motion for Extension of Time to File Response/Reply MOTION for Extension of Time to File Response/Reply re 60 Motion to Dismiss, MOTION for Extension of Time to File Answer re 53 Second Amended Answer and Counterclaims. (Response to Motion due by 8/8/2011) by Righthaven LLC. (Attachments: # 1 Affidavit Declaration of Edward A. Bertele)Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 7/25/2011: to link motions to correct events (kmca). Modified on 7/25/2011: to edit text (kmca). (Entered: 07/22/2011)
2011-07-25 66 0 Order on Motion for Extension of Time to File Response/Reply TEXT ORDER granting 65 Motion for Extension of Time to File Response/Reply. (Plaintiff's response to 60 MOTION to Dismiss for Lack of Jurisdiction due by 8/8/2011). ORDER granting 65 Motion for Extension of Time to Answer re 53 Second Amended Answer to Complaint, Counterclaim. (Righthaven LLC answer due 8/24/2011). Signed by Magistrate Judge Jacquelyn D Austin on 7/25/11.(kmca) (Entered: 07/25/2011)
2011-08-02 67 0 Local Rule 26.01 Answers to Interrogatories Amended Local Rule 26.01 Answers to Interrogatories by Righthaven LLC.(Bertele, Edward) (Entered: 08/02/2011) 2011-08-15 19:24:00 596df00ba7b0294e3cf53de5617fdaf9a05630aa
2011-08-08 68 0 Response in Opposition to Motion RESPONSE in Opposition re 60 MOTION to Dismiss for Lack of Jurisdiction Response filed by Righthaven LLC.Reply to Response to Motion due by 8/18/2011 (Bertele, Edward) Modified on 8/19/2011: see 72 Addendum to Response (kmca). Modified on 11/14/2011: see 86 Supplement (kmca). (Entered: 08/08/2011) 2011-08-15 19:27:15 9604da0a7378633bdc96da464aed5ebfda25b0f1
2011-08-19 70 0 Motion for Extension of Time to Complete Discovery MOTION for Extension of Time to Complete Discovery by Righthaven LLC. Response to Motion due by 9/6/2011 (Attachments: # 1 Declaration of Edward A. Bertele).Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 8/19/2011: to remove proposed amended scheduling order (kmca). (Entered: 08/19/2011)
2011-08-19 71 0 Response to Motion RESPONSE to Motion re 70 MOTION for Extension of Time to Complete Discovery Response filed by Dana Eiser(an individual).Reply to Response to Motion due by 8/29/2011 (Kincannon, James) (Entered: 08/19/2011)
2011-08-19 72 0 Response in Opposition to Motion RESPONSE in Opposition re 60 MOTION to Dismiss for Lack of Jurisdiction Addendum to Response Response filed by Righthaven LLC.Reply to Response to Motion due by 8/29/2011 (Bertele, Edward) (Entered: 08/19/2011)
2011-08-22 73 0 Order on Motion for Extension of Time to Complete Discovery TEXT ORDER granting in part Plaintiff's 70 Motion for Extension of Time to Complete Discovery. Discovery in this case is stayed pending the Court's ruling on the pending motions to dismiss. Signed by Magistrate Judge Jacquelyn D Austin on 8/22/11.(kmca) (Entered: 08/22/2011)
2011-08-24 75 0 Motion for Extension of Time Consent MOTION for Extension of Time to respond to 53 Second Amended Answer and Counterclaims by Righthaven LLC. Response to Motion due by 9/12/2011 No proposed order.Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 8/24/2011: to edit text (kmca). (Entered: 08/24/2011)
2011-08-25 77 0 Order on Motion for Extension of Time TEXT ORDER granting 75 Consent Motion for Extension of Time. The deadline for Righthaven to file its response to Defendant's 53 Second Amended Answer and Counterclaims is extended to August 25, 2011. Signed by Magistrate Judge Jacquelyn D Austin on 8/25/11.(kmca) (Entered: 08/25/2011)
2011-08-25 78 0 Motion to Dismiss for Failure to State a Claim MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 53 Second Amended Answer and Counterclaims by Righthaven LLC. Response to Motion due by 9/12/2011 (Attachments: # 1 Attachment A Unpublished Opinion in Colonial Medical Group Inc v Catholic Health Care West et al)No proposed order.Motions referred to Jacquelyn D Austin.(Bertele, Edward) Modified on 8/26/2011: to add link to 53 event, to add description to attachment (kmca). (Entered: 08/25/2011) 2011-08-26 17:33:21 414a35ddfdfb9ea3ee7217605caeaaa26056c6c2
78 1 Attachment A Unpublished Opinion in Colonial Medical Group Inc v Catholic Health
2011-09-12 79 0 Response in Opposition to Motion RESPONSE in Opposition re 78 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Second Amended Answer and Counterclaims Response filed by Dana Eiser(an individual).Reply to Response to Motion due by 9/22/2011 (Kincannon, James) (Entered: 09/12/2011)
2011-10-20 81 0 Order to Show Cause ORDER TO SHOW CAUSE. Plaintiff's show cause response is due by 10/28/2011. Signed by Magistrate Judge Jacquelyn D Austin on 10/20/11. (kmca) (Entered: 10/20/2011) 2011-10-20 13:36:19 b21ae53ab6eecc708e43089069e21d5eba44f27c
2011-10-28 82 0 MOTION for Extension of Time to File Response/Reply as to 81 Order to Show Cause by Righthaven LLC. Response to Motion due by 11/17/2011 No proposed orderMotions referred to Jacquelyn D Austin.(Bertele, Edward) (Entered: 10/28/2011) 2011-10-28 20:03:21 f67c4893787e75a2eeacea8e758d3e17a2f61b2f
2011-10-31 83 0 TEXT ORDER granting 82 Motion for Extension of Time to File Response/Reply as to 81 Order to Show Cause. Plaintiff argues the response requires knowledge of outside actions and other matters which would require assistance from Shawn Mangano, Plaintiff's outside counsel. Presumably, Plaintiff knew before 8:00 p.m. on the date its response was due that more time was needed to consult with Mr. Mangano, whom the Court notes has not been admitted pro hac vice in this case. The Court's Order to Show Cause does not ask Plaintiff to specifically address any decisions in actions in the Districts of Nevada and Colorado; the Court has previously reviewed those decisions and further discussion is not needed about those matters. Accordingly, the Court will grant Plaintiff's motion for extension of time and will review Plaintiff's response for the limited purpose of determining whether the Copyright Alliance Agreement and copyright assignment, together governing the copyright at issue in this case, assign only a bare right to sue and whether Plaintiff owns any exclusive rights in the copyright such that Plaintiff has standing to allege an infringement claim. [See Doc. 81 at 2.] Reply due by 10/31/2011. Signed by Magistrate Judge Jacquelyn D Austin on 10/31/11.(kmca) (Entered: 10/31/2011)
2011-10-31 84 0 RESPONSE TO ORDER TO SHOW CAUSE by Righthaven LLC. (Bertele, Edward) (Entered: 10/31/2011) 2011-11-01 02:54:24 698318c207d6c08166384a266f07af64c1ae7eff
2011-11-11 86 0 SUPPLEMENT by Righthaven LLC to 68 Response in Opposition to Motion to Dismiss by defendant. (Attachments: # 1 Transcript)(Bertele, Edward) (Entered: 11/11/2011) 2011-11-12 16:30:20 a832718d8888b72f0e1f61fd3905b84a90f83d14
86 1 Transcript
2011-12-15 87 0 MOTION to Withdraw as Attorney by Dana Eiser(an individual). Response to Motion due by 1/3/2012 No proposed order.Motions referred to Jacquelyn D Austin.(Kincannon, James) Modified on 12/20/2011: see 89 Certificate of Consultation (kmca). (Entered: 12/15/2011) 2012-01-19 19:45:29 55cb458bcb4686b247d785b31b42d4e3572c8fec
2011-12-15 88 0 SUPPLEMENT by Dana Eiser(an individual) to 60 MOTION to Dismiss for Lack of Jurisdiction. (Attachments: # 1 Supporting Documents Exhibit A - Receivership Motion, # 2 Supporting Documents Exhibit B - Receivership Order)(Kincannon, James) Modified on 12/15/2011: to remove link to 81 Order to Show Cause (kmca). (Entered: 12/15/2011)
2011-12-15 89 0 CERTIFICATE OF CONSULTATION byDana Eiser(an individual) re 87 MOTION to Withdraw as Attorney. (Kincannon, James) (Entered: 12/15/2011)
2011-12-19 90 0 Consent MOTION to Withdraw as Attorney for Righthaven LLC by Righthaven LLC. Response to Motion due by 1/6/2012 No proposed orderMotions referred to Jacquelyn D Austin.(Bertele, Edward) (Entered: 12/19/2011) 2011-12-19 22:48:26 f2b20b5cc6c441308fba0ebef121b06663966eb4
2012-01-13 92 0 TEXT ORDER denying 87 Motion to Withdraw as Attorney; and denying 90 Consent Motion to Withdraw as Attorney. Signed by Magistrate Judge Jacquelyn D Austin on 1/13/12.(kmca) (Entered: 01/13/2012)
2012-01-13 93 0 REPORT AND RECOMMENDATIONS that Plaintiff's 23 motion to dismiss be FOUND AS MOOT; Defendant's 37 motion to dismiss for failure to state a claim be FOUND AS MOOT; Defendant's 60 motion to dismiss for lack of subject matter jurisdiction be GRANTED; Plaintiff's 78 motion to dismiss be FOUND AS MOOT; the complaint be DISMISSED; and the counterclaims be DISMISSED. The Court further recommends costs and fees be awarded in this case and Defendant be directed to file a petition outlining the specific costs and fees associated with this case. Objections to R&R due by 1/30/2012. Signed by Magistrate Judge Jacquelyn D Austin on 1/13/12. (kmca) (Entered: 01/13/2012) 2012-01-14 19:37:30 d5bb6840dc60cda736963a04b17cc7cdf0933043
2012-01-13 94 0 ***CASE MANAGEMENT TRANSFERRED to civil case manager for Judge Richard M Gergel in Charleston. Magistrate Judge Austin no longer associated with case. New case number is 2-10-cv-3075-RMG. Please make a note of it for future filings. (kmca) (Entered: 01/13/2012)
2012-01-30 95 0 OBJECTION to 93 Report and Recommendations by Righthaven LLC.Reply to Objections due by 2/16/2012 (Bertele, Edward) (Entered: 01/30/2012) 2012-02-03 15:36:27 5cbad48a235585aabb863ff2cdee2bc0f3523d0e
2012-02-16 96 0 ORDER adopting 93 Report and Recommendations granting 60 Defendant's Motion to Dismiss for Lack of Jurisdiction; denying as moot 37 Defendant's Motion to Dismiss for Failure to State a Claim; denying as moot 78 Plaintiff's Motion to Dismiss Defendant's counterclaims; also denying as moot 23 Plaintiff's Motion to Dismiss Defendant's original counterclaims. Additional details set forth in Order Signed by Honorable Richard M Gergel on 2/16/2012.(sshe, ) (Entered: 02/16/2012) 2012-02-17 10:28:53 b4e13850832df487a2c65c9b8a91f0af12c159cd
2012-02-16 97 0 JUDGMENT in favor of Dana Eiser against Righthaven LLC granting Defendant's motion to dismiss for lack of subject matter jurisdiction and dismissing Plaintiff's amended complaint without prejudice. (sshe, ) (Entered: 02/16/2012)
2012-02-16 98 0 Report on the Filing or Determination of an Action or Appeal Regarding a Copyright case disposition. (sshe, ) (Entered: 02/16/2012)