UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:07-cv-01929-ABC-AGR
MySpace Inc v. Sanford Wallace et al
Assigned to: Judge Audrey B. Collins
Referred to: Magistrate Judge Alicia G. Rosenberg
Demand: $1,000,000
Cause: 15:1051 Trademark Infringement
Date Filed: 03/23/2007
Jury Demand: Defendant
Nature of Suit: 840 Trademark
Jurisdiction: Federal Question
Date Filed
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Docket Text
03/23/2007 1 COMPLAINT against defendants Sanford Wallace, Feeble Minded Productions.(Filing fee $ 350 PAID.), filed by plaintiff MySpace Inc.(et) (Entered: 03/29/2007)
03/23/2007 20 DAY Summons Issued re Complaint - (Discovery)[1] as to Sanford Wallace, Feeble Minded Productions. (et) (Entered: 03/29/2007)
03/23/2007 2 NOTICE of Interested Parties filed by Plaintiff MySpace Inc. (et) (Entered: 03/29/2007)
03/23/2007 FAX number for Attorney Ian C Ballon, Nina Diana Boyajian, Wendy M Mantell is 310-586-7800. (et) (Entered: 03/29/2007)
03/23/2007 4 NOTICE of Related Case(s) filed by Plaintiff MySpace Inc. Related Case(s): CV 06-3391 RGK (JCx) (rn, ) (Entered: 04/03/2007)
03/30/2007 3 ORDER TO REASSIGN CASE due to self-recusal pursuant to Section 3.2 of General Order 224 by Judge Margaret M. Morrow. Case transferred to the calendar of Judge Audrey B. Collins for all further proceedings. Case number now reads as CV 07-1929 ABC (AGRx).(rn, ) (Entered: 03/30/2007)
04/03/2007 PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 06-3391 RGK (JCx). (rn, ) (Entered: 04/03/2007)
04/05/2007 6 FAXED COPY OF PROOF OF SERVICE Executed by plaintiff MySpace Inc, upon Sanford Wallace served on 2/25/2007, answer due 3/17/2007. The Summons and Complaint were served by personal service, by no cited statute, Due Dilligence declaration included in the proof; Original Summons not returned. (lc, ) (Entered: 04/09/2007)
04/09/2007 5 ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 (Related Case) filed. Transfer of case declined by Judge R. Gary Klausner, for the reasons set forth on this order. Related Case No. CV 06-3391 RGK (JCx)(rn, ) (Entered: 04/09/2007)
04/13/2007 16 Mail Returned re 3 224 Reassign Case - Self-Recusal - pursuant to GO 224, 3.2 (CV-52), 224 Reassign Case - Self-Recusal - pursuant to GO 224, 3.2 (CV-52) (pj, ) (Entered: 05/09/2007)
04/19/2007 7 REQUEST for Clerk to Enter Default against defendants Sanford Wallace doing business as freevegasclubs.com, real-vegas-sins.com, and Feeble Minded Productions; declaration of Wndy M Mantell filed by plaintiff MySpace Inc. (lc, ) (Entered: 04/20/2007)
04/20/2007 8 NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against defendants Sanford Wallace defendantsSanford Wallace an individual doing business as Freevegasclubs.com doing business asReal-Vegas-Sins.com, and Feeble Minded Productions[7]. The Clerk cannot enter the requested relief as no original proof on file as to Feeble Minded Productions; proof on Sanford Wallace is a photocopy, missing cite of one statute upon which service was made, name on proof not the same, missing all the alias to Sanford Wallace and if Feeble Minded Productions is not a separate defendant but another alias, that alias is also missing. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered (lc, ) (Entered: 04/20/2007)
04/23/2007 9 RENEWED REQUEST for Clerk to Enter Default against defendant Sanford Wallace doing business asFreevegasclubs.com doing business asReal-Vegas-Sins.com and Feeble Minded Productions, an individual; declaration of Ian C Ballon filed by plaintiff MySpace Inc. (lc, ) Modified on 4/24/2007 (lc, ). Modified on 4/24/2007 (lc, ). (Entered: 04/24/2007)
04/23/2007 10 PROOF OF SERVICE Executed by plaintiff MySpace Inc, upon Sanford Wallace doing business asFreevegasclubs.comdoing business asReal-Vegas-Sins.com and Feeble Minded Productions, an individual served on 3/25/2007, answer due 4/14/2007. The Summons and Complaint were served by personal service, by FRCP statute,Original Summons not returned. (lc, ) (Entered: 04/24/2007)
04/24/2007 11 NOTICE OF CLERICAL ERROR: Due to clerical error, Terminated defendant Feeble Minded Productions, should added as alias party to defendant Sanford Wallace. (et) (Entered: 04/24/2007)
04/24/2007 12 DEFAULT BY CLERK ENTERED as to Defendant defendant Sanford Wallace doing business as Freevegasclubs.com doing business as Real-Vegas-Sins.com and Feeble Minded Productions, an individual (lc, ) Modified on 4/25/2007 (lc, ).(VACATED PER 4/25/07 MINUTES) (Entered: 04/24/2007)
04/24/2007 13 Notice of Withdrawal of REQUEST for Clerk to Enter Default against defendant Sanford Wallace doing business as Freevegasclubs.com doing business as Real-Vegas-Sins.com and Feeble Minded Productions, an individual [9] filed by plaintiff MySpace Inc. (lc, ) (Entered: 04/25/2007)
04/25/2007 14 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins : Plaintiff submitted Notice of Withdrawal of renewed request for default [13], therefore Court vacates Clerks Entry of Default against defendant Sanford Wallace12; Court Reporter: none. (lc, ) (Entered: 04/25/2007)
04/27/2007 15 REVISED ORIGINAL PROOF OF SERVICE Executed by plaintiff MySpace Inc, upon Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions served on 4/25/2007, answer due 5/15/2007. The Summons and Complaint were served by personal service, by FRCP statute,. Original Summons not returned. (lc, ) (Entered: 04/30/2007)
05/03/2007 17 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins: Plaintiff is Ordered to Show Cause in writing no later than 6/22/07 why this action should not be dismissed for lack of prosecution as to defendant Sanford Wallace; no oral argument, matter stands submitted upon filing of counsels response; court will consider as satisfactory response: plaintiffs filing motion for default judgment or request to clerk for default judgment; Court Reporter: none. (lc, ) (lc, ) (Entered: 05/31/2007)
05/15/2007 34 MINUTES OF Telephone Status Conference held before Judge Audrey B. Collins : Court denies defendants application to continue hearing on preliminary injunction; defendants opposition due 6/20/07; plaintiffs Reply due 6/27/2007; hearing is rescheduled to 7/2/07 10:00 AM.Court Reporter: Katherine Stride.(lc) (Entered: 06/19/2007)
06/04/2007 18 RESPONSE TO ORDER TO SHOW CAUSE 17 AND REQUEST for Entry of Default and for Default Judgment against upon Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions; memorandum filed by plaintiff MySpace Inc. (lodged proposed order) (lc) Modified on 6/5/2007 (lc, ). Modified on 6/5/2007 (lc, ). (Entered: 06/05/2007)
06/04/2007 19 DECLARATION of Ian C Ballon in support OF RESPONSE TO ORDER TO SHOW CAUSE AND REQUEST for Entry of Default and Default Judgment against upon Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions [18] filed by Plaintiff MySpace Inc. (lc) Modified on 6/5/2007 (lc, ). (Entered: 06/05/2007)
06/04/2007 21 PROOF OF FEDERAL EXPRESS SERVICE filed by plaintiff MySpace Inc, RESPONSE TO ORDER TO SHOW CAUSE 17 AND REQUEST for Entry of Default and for Default Judgment against upon Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions [18], Declaration (Motion related), Declaration (Motion related)[19] served on 6/4/07. (lc) (Entered: 06/05/2007)
06/05/2007 20 DEFAULT BY CLERK ENTERED as to Defendant Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions(lc) Modified on 6/29/2007 (lc, ). (vacated by 6/28/07 minutes) (Entered: 06/05/2007)
06/05/2007 22 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default Judgment against upon Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions defendant[18]. The Clerk cannot enter the requested relief as default judgment has been forwarded to the Judge: proposed order captioned on request that default judgment to include preliminary injunction, complaint was for trademark infringement, not a sum certain that can be determined by a clerk, reference to attorney fees and damage proof up after entry of lodged proposed order. (lc) (Entered: 06/05/2007)
06/06/2007 RETURN OF ORIGINAL Summons Issued on 3/23/07 re Complaint[1] (face sheet only (lc) Modified on 6/8/2007 (lc, ). (Entered: 06/08/2007)
06/06/2007 24 NOTICE of Appearance filed by attorney Cynthia A R Woollacott on behalf of Defendant Sanford Wallace doing business as FreeVegasClubs.com, Real-Vegas-Sins.com and Feeble Minded Productions (lc) (Entered: 06/11/2007)
06/06/2007 FAX number for Attorney Cynthia A R Woollacott is 310-552-7552. (lc) (Entered: 06/11/2007)
06/06/2007 25 NOTICE of Interested Parties filed by Defendant Sanford Wallace doing business as FreeVegasClubs.com, Real-Vegas-Sins.com and Feeble Minded Productions. (lc) (Entered: 06/11/2007)
06/08/2007 23 NOTICE OF CLERICAL ERROR: Due to clerical error Re: erroneous docket entry of Summons Issued,which did not receive a document item control number; erroneous entry edited to reflect RETURN OF ORIGINAL SUMMONS issued 3/23/07 (face sheet only) (lc) (Entered: 06/08/2007)
06/11/2007 26 NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by plaintiff MySpace Inc.Motion set for hearing on 7/2/2007 at 10:00 AM before Judge Audrey B. Collins. Lodged order. (lc) (Entered: 06/13/2007)
06/11/2007 27 DECLARATION of Ian C Ballon in support of MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/13/2007)
06/11/2007 28 DECLARATION of Jason Wiley in support of MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/13/2007)
06/11/2007 29 DECLARATION of Sarah Kaleel in support of MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/13/2007)
06/11/2007 30 DECLARATION of Rick Frazier in support of MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/13/2007)
06/11/2007 31 PROOF OF FEDERAL EXPRESS SERVICE filed by plaintiff MySpace Inc, re MOTION for Preliminary Injunction[26]and Declarations in support [27],[28],[29], [30], served on 6/11/07. (lc) Modified on 6/13/2007 (lc, ). (Entered: 06/13/2007)
06/11/2007 33 REQUEST THAT THE COURT Set Aside Entry of Default against defendant 20 filed by plaintiff MySpace Inc. (lc) (Entered: 06/13/2007)
06/12/2007 32 PROOF OF PERSONAL SERVICE filed by plaintiff MySpace Inc, re MOTION for Preliminary Injunction[26]and Declarations in support [27],[28],[29], [30], served on 6/11/07.(lc) (Entered: 06/13/2007)
06/13/2007 51 OPPOSITION TO EX PARTE MOTION TO CONTINUE HEARING ON MY SPACE'S MOTION FOR Preliminary Injunction[26] AND CROSS APPLICATION FOR ENTRY OF A TRO PENDING A HEARING ON MY SPACE'S MOTION FOR PRELIMINARY INJUCTION ; Declaration of Ian C Ballon. filed by Plaintiff MySpace Inc. (yc) (Entered: 06/30/2007)
06/13/2007 52 PROOF OF SERVICE filed by plaintiff MySpace Inc, re Statement (Motion related), Statement (Motion related)[51] served on 6/12/2007. (yc) (Entered: 06/30/2007)
06/14/2007 40 REPLY to opposition to application for temporary restraining order[26]; declaration of Wendy M Mantell filed by Defendant Sanford Wallace. (lc) Modified on 6/28/2007 (lc, ). Modified on 6/28/2007 (lc, ). (Entered: 06/28/2007)
06/14/2007 50 OPPOSITION TO APPLICATION FOR TEMPORARY RESTRAING ORDER; DECLARATION filed by Defendant Sanford Wallace. (yc) (Entered: 06/30/2007)
06/15/2007 35 MINUTES OF (TELEPHONIC) Status Conference held before Judge Audrey B. Collins regarding Plaintiff's MOTION for Preliminary Injunction[26]: Defendant's application to continue the hearing date is denied. Defendant's opposition to the motion is due June 20, 2007; Plaintiff's reply is due June 27, 2007. The hearing on Plaintiff's motion is rescheduled to July 2, 2007, at 10:00AM. (*NOTE - Following the telephonic conference, the Court decided to reschedule the hearing on Plaintiff's motion for Preliminary Injunction to it's originally scheduled date of July 2, 2007, at 10:00AM.)Court Reporter: Katherine Stride.(da) (Entered: 06/22/2007)
06/20/2007 36 OPPOSITION TO MOTION for Preliminary Injunction[26] filed by Defendant Sanford Wallace. (lc) (Entered: 06/28/2007)
06/20/2007 37 DECLARATION of Sanford Wallace in opposition to MOTION for Preliminary Injunction[26] filed by Defendant Sanford Wallace. (lc) (Entered: 06/28/2007)
06/20/2007 38 DECLARATION of Lawrence H Miller in opposition to MOTION for Preliminary Injunction[26] filed by Defendant Sanford Wallace. (lc) (Entered: 06/28/2007)
06/20/2007 39 OBJECTIONS in opposition to declarations re: MOTION for Preliminary Injunction[26] filed by Defendant Sanford Wallace. (lc) (Entered: 06/28/2007)
06/27/2007 41 REPLY to opposition to MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/28/2007)
06/27/2007 42 DECLARATION of Aber Whitcomb in support of reply to opposition to MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/28/2007)
06/27/2007 43 SUPPLEMENTAL DECLARATION of Sarah Kaleel in support of reply to opposition to MOTION for Preliminary Injunction[26] filed by plaintiff MySpace. (lc) Modified on 6/28/2007 (lc, ). Modified on 6/28/2007 (lc, ). (Entered: 06/28/2007)
06/27/2007 44 DECLARATION of Allison Corona in support of reply to opposition to MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/28/2007)
06/27/2007 45 RESPONSES TO OBJECTIONS TO DECLARATIONS re MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/28/2007)
06/27/2007 46 OBJECTIONS to evidence in opposition re MOTION for Preliminary Injunction[26] filed by plaintiff Myspace. (lc) Modified on 6/28/2007 (lc, ). (Entered: 06/28/2007)
06/27/2007 47 DECLARATION of MARCO ILARDI in support reply to opposition to MOTION for Preliminary Injunction[26] filed by Plaintiff MySpace Inc. (lc) (Entered: 06/28/2007)
06/27/2007 48 PROOF OF PERSONAL SERVICE on 6/27/07 of set of reply to opposition to motion for preliminary injunction, declarations in support, responses to objections[[40],[41],[42],[43],[44],[45],[46],[47] filed by plaintiff MySpace Inc, (lc) (Entered: 06/28/2007)
06/28/2007 49 MINUTES OF IN CHAMBERS ORDER held before Judge Audrey B. Collins: Court takes plaintiffs Request to Set Aside Default set for hearing on 7/2/07, under submission; Court vacates the hearing and vacates the default entered against defendant on 6/5/07 20,[33].(lc) (Entered: 06/29/2007)
07/02/2007 53 ORDER GRANTING IN PART PLAINTIFFS MOTION for Preliminary Injunction[26]; defendant Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions; and his agents are enjoined re MySpace (see document for specifics); plaintiff is ordered to post bond in the amount of $50,000.00 within 10 days of date of this order; plaintiff is to prepare a prposed order consistent with this order, including findings of fact and conclusions of law within 10 days of date of this order by Judge Audrey B. Collins (lc) (Entered: 07/03/2007)
07/02/2007 54 MINUTES OF Motion Hearing held before Judge Audrey B. Collins : RE: plaintiffs MOTION for Preliminary Injunction[26]; motion is granted; plaintiff shall prepare a proposed order including findings of fact and conclusions of law, within 10 days. Court Reporter: Katherine Stride.(lc) (Entered: 07/03/2007)
07/02/2007 55 ANSWER to Complaint - (Discovery)[1] with JURY DEMAND filed by defendant defendant Sanford Wallace doing business as Freevegasclubs.com, doing business as Real-Vegas-Sins.com and doing business as Feeble Minded Productions(lc) (Entered: 07/06/2007)
07/06/2007 58 CERTIFICATE PURSUANT TO CIVIL LOCAL RULE 65-5 and BOND from Safeco, No 6421829 for preliminary injunction in the amount of $ $50,000.00 posted by Plaintiff MySpace Inc (lc) Modified on 7/27/2007 (lc, ). (Entered: 07/27/2007)
07/17/2007 56 NOTICE OF MOTION AND MOTION of Cynthia Woollacott and Woollacott Jannol LLP to Withdraw as Attorney for Sanford Wallace; declaration L.R. 83-2.92.1 filed by defendant Sanford Wallace.Motion set for hearing on 8/13/2007 at 10:00 AM before Judge Audrey B. Collins. (lc) (Entered: 07/18/2007)
07/20/2007 57 PRELIMINARY INJUNCTION enjoining defendants and its agents etc regarding MySpace.com website (see document for specifics)l; MySpace is ordered to post a bond in the amount of $50,000.00 within 10 days of date of this order by Judge Audrey B. Collins (lc) (Entered: 07/25/2007)
08/03/2007 59 ORDER: RE CONFERENCE by Judge Audrey B. Collins: This action has been assigned to the calendar of Judge Audrey B Collins. The responsibility for the progress of litigation in the Federal Court fall snot only upon the attorneys in the action, but upon the court as well. In order "to secure the just, speedy, and inexpensive determination of every action."(Fed.R.Civ.P.1) all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedure and the Local Rules of the Central District of California. Final Pretrial Conference set for 10/29/2007 10:00 AM before Judge Audrey B. Collins.(shb) (Entered: 08/06/2007)
08/13/2007 60 MINUTES OF Motion Hearing held before Judge Audrey B. Collins: MOTION of Cynthia Woollacott to Withdraw as Attorney [56] MOTION Attorney Cynthia A R Woollacott terminated. Court Reporter: Katherine Stride. (et) (Entered: 08/16/2007)
08/14/2007 61 NOTICE of granting Leave to Withdraw; filed by defendant, Sanford Wallace (ear) (Entered: 08/24/2007)
09/17/2007 62 EX PARTE APPLICATION for Leave to File Amended Complaint; and To Authorize Alternative Service on Defendant Walter Rines, filed by Plaintiff MySpace Inc.(bho) (Entered: 09/24/2007)
09/17/2007 63 DECLARATION of WENDY M. MANTELL in Support of EX PARTE APPLICATION for Leave to File Amended Complaint; to Authorize Alternative Service on Defendant[62], filed by Plaintiff MySpace Inc. (bho) (Entered: 09/24/2007)
09/17/2007 64 PROOF OF SERVICE of Plaintiffs' EX PARTE APPLICATION for leave to file Amended Complaint and to authorize alternative service on Defendant Walter Rines[62]; DECLARATION of of Wendy M. Mantell in Support of Myspace, Inc.'s Ex Parte Application for leave to file amended complaint and to authorize alternative service on Defendant Walter Rines[63]; and [Proposed] ORDER Granting Ex Parte Application To Amend Complaint and For Alternative Service, served on 9/17/07, filed by Plaintiff MySpace Inc. (bho) (Entered: 09/24/2007)
09/18/2007 65 NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Audrey B. Collins ORDERING Plaintiff's Ex Parte Application; Declaration of Wendy M. Montel; Proposed Order; Proof of Service submitted by Plaintiff MySpace Inc received on 9/17/07 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(bho) (Entered: 09/24/2007)
09/18/2007 66 MySpace, Inc.'s EX PARTE APPLICATION to Change Date of Scheduling Conference to 10/22/07; DECLARATION of Wendy M. Mantell, filed by Plaintiff MySpace Inc. Lodged Proposed Order.(bho) (Entered: 09/25/2007)
09/18/2007 67 ORDER by Judge Audrey B. Collins that MySpace Ex Parte Applicatino [66] is hereby GRANTED. Scheduling Conference previously set for 10/29/07 at 10:00 will be moved to 10/22/2007 10:00 AM. All other aspects of the Courts 8/3/07 Order regarding Conference will remain in effect.(ir) (Entered: 09/25/2007)
09/25/2007 69 ORDER by Judge Audrey B. Collins, GRANTING EX PARTE APPLICATION for Leave to File Amended Complaint and for alternative service, [62]. (ca) (Entered: 09/27/2007)
09/25/2007 70 NOTICE OF MOTION AND MOTION to Compel the Deposition of Defendant Wallace and Production of Documents and Request for Sanctions; DECLARATION of Wendy M. Mantell, filed by Plaintiff MySpace Inc. Motion set for hearing on 10/23/2007 at 10:00 AM before Judge Audrey B. Collins. Lodged Proposed Order. (bho) (Entered: 10/01/2007)
09/26/2007 68 FIRST AMENDED COMPLAINT against Defendants Sanford Wallace doing business as FreeVegasclubs.com, Real-Vegas-Sins.com, and Feeble Minded Productions; Walter Rines, Online Turbo Merchant Inc, Odysseus Marketing Inc amending Complaint [1] filed by Plaintiff MySpace Inc; Issued Summons on First Amended Complaint(ir) (Entered: 09/27/2007)
09/26/2007 SUMMONS ISSUED regarding First Amended Complaint [68] 20 days as to Sanford Wallace doing business as Freevegasclub.com, Real-Vegas-Sins.com, and Feeble Minded Productions; Walter Rines; Online Turbo Merchant Inc; Odysseus Marketing Inc. (ir) (Entered: 09/27/2007)
10/01/2007 72 NOTICE OF MOTION AND MOTION for to modify the Court's Preliminary Injunction Order, filed by plaintiff MySpace Inc.Motion set for hearing on 10/22/2007 at 10:00 AM before Judge Audrey B. Collins. (da) (Entered: 10/05/2007)
10/01/2007 73 DECLARATION of shing Yin Khor in support of MOTION to mofidy Court's preliminary injunction order [72] filed by Plaintiff MySpace Inc. (da) (Entered: 10/05/2007)
10/01/2007 74 PROOF OF SERVICE filed by plaintiff MySpace Inc, re Declaration (Motion related)[73], MOTION to modify Court's Preliminary Injunction Order[72] served on 09/18/07. (da) (Entered: 10/05/2007)
10/01/2007 75 DECLARATION of LORI CHANG IN SUPPORT MOTION [72] filed by Plaintiff MySpace Inc. (ab) (Entered: 10/05/2007)
10/03/2007 71 PROOF OF SERVICE Executed upon Walter Rines served on 10/1/2007, answer due 10/21/2007. The Summons and First Amended Complaint were served by Mail service, by statute not cited, upon Mr. Walter Rines. Due Diligence declaration not attached. Original Summons not returned. (ir) (Entered: 10/04/2007)
10/15/2007 76 ORDER by Judge Audrey B. Collins, Granting Myspace, Inc's Motion to Modify the Court's Preliminary Injunction Order[72] (es) (Entered: 10/16/2007)
10/15/2007 77 RULE 26(f) REPORT Discovery Plan ; estimated length of trial 5 days, filed by Plaintiff MySpace Inc. (ca) (Entered: 10/17/2007)
10/16/2007 79 AMENDED PROOF OF SERVICE Executed upon Mr. Walter Rines on 10/1/07, answer due 10/21/07. The Summons and First Amended Complaint were served by Certified mail and e-mail service, by statute not cited, upon name and title not indicated. Due Diligence declaration not attached. Original Summons not returned. (ir) (Entered: 10/19/2007)
10/16/2007 80 AMENDED PROOF OF SERVICE filed by Plaintiff MySpace Inc of Motion to modify the Court Preliminary Injunction Order [72] (See document for further details) served on 10/1/07. (ir) (Entered: 10/19/2007)
10/17/2007 78 MINUTES OF IN CHAMBERS ORDER by Judge Alicia G. Rosenberg : PLAINTIFF'S MOTION TO COMPEL THE DEPOSITION OF DEFENDANT WALLACE AND PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS. Defendant Sanford Wallace did not file any opposition to Plaintiff's motion. The motion is appropriate for adjudication without oral argument. The hearing date of October 23, 2007, at 10:00 a.m. is hereby vacated.(agrcrd, ) (Entered: 10/18/2007)
10/18/2007 83 SECOND AMENDED DOCUMENT filed by Plaintiff MySpace Inc. Amendment to Proof of Service (subsequent documents)[80] (sbu) (Entered: 10/24/2007)
10/19/2007 85 NOTICE of Entry of Order Granting Myspace, Inc's Motion to Modify the Court's Preliminary Injunction Order filed by plaintiff MySpace Inc. (es) (Entered: 10/25/2007)
10/22/2007 81 CIVIL JURY TRIAL ORDER by Judge Audrey B. Collins: Matter is set for trial before the Honorable Audrey B Collins, Courtroom 680, Roybal Federal Building, 255 East Temple Street, Los Angeles, CA 90012; Court orders the following dates: Cut-off date for filing motions to joint other parties and amending Pleadings is 1/14/08. Discovery cut-off 4/14/08. Cut-off date for motions to be filed is Monday 4/28/08. Final Pretrial Conference set for 7/14/08 at 10:00 AM. Trial counsel must be present. Jury Trial set for 8/12/08 at 8:30 AM (See document for further details)(ir) (Entered: 10/22/2007)
10/22/2007 82 MINUTES OF IN CHAMBERS ORDER by Judge Alicia G. Rosenberg re: MOTION to Compel[70]. MYSPACE, INC.'S MOTION TO COMPEL DEPOSITION OF WALLACE AND PRODUCTION OF DOCUMENTS; REQUEST FOR SANCTIONS. IT IS HEREBY ORDERED that Plaintiff's motion to compel deposition of Defendant Wallace and production of documents is GRANTED as follows: 1. Mr. Wallace shall appear for deposition at a mutually convenient date and time within 15 days of this Order. 2. At a mutually convenient date and time within 15 days of this Order, Mr. Wallace shall produce nonprivileged documents responsive to Request for Production Nos. 1-24, 25 (for the period 2003 to the present), and 26-33 in the Notice of Deposition served on August 10, 2007. 3. Plaintiff's request for sanctions is DENIED.(agrcrd, ) (Entered: 10/22/2007)
10/22/2007 84 MINUTES OF Scheduling Conference held before Judge Audrey B. Collins. Scheduling conference held. The Court sets the following dates: Add Claims/Parties cut-off 1/14/2008; Discovery cut-off 4/14/2008; Law & Motions due by 4/28/2008; Final Pretrial Conference set for 7/14/2008 at 10:00 AM; Jury Trial (est 3 days) set for 8/12/2008 at 8:30 AM. Counsel are reminded of the requirements of Local Rule 16-14. Counsel shall submit their notice of settlement selection within 10 days. Court Reporter: Katherine Stride.(es) (Entered: 10/24/2007)
10/29/2007 88 REQUEST for Entry of Default against defendant Walter Rines Declaration of Lori Chang filed by plaintiff MySpace Inc. (es) (Entered: 11/08/2007)
11/05/2007 86 NOTICE Notice of Settlement Procedure Selection filed by Counsel for Plaintiff MySpace Inc. (Attachments: # 1 Declaration Declaration of Lori Chang re MySpace's Settlement Procedure# 2 Exhibit Exhibit A)(DeCou, Danielle) (Entered: 11/05/2007)
11/07/2007 87 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found incorrect document type selected; proposed document was not submitted as separate attachment. Document should be on ADR court form with a proposed order attached to document: RE Notice (Other)86 (es) (Entered: 11/07/2007)
11/08/2007 89 NOTICE OF DEFICIENCY Re: REQUEST for Entry of Default against defendant Walter Rines[88]. The Clerk cannot enter the requested relief as Proof of Service is lacking required information. Pursuant to Clerk's Memo effective 5/1/01, proof of service must cite Federa/State Statute. Indicate name, title and capacity of person who received service. (es) (Entered: 11/08/2007)
11/08/2007 90 Amendment to REQUEST for Entry of Default against defendant Walter Rines[88] filed by Plaintiff MySpace Inc. (Attachments: # 1 Declaration of Lori Chang# 2 Exhibit A# 3 Exhibit B)(Boyajian, Nina) (Entered: 11/08/2007)
11/09/2007 91 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found incorrect document type selected; amended document must be linked to base document: RE Amendment (Motion related)90 (ab) Additional attachment(s) added on 11/9/2007 (ab, ). (Entered: 11/09/2007)
11/09/2007 92 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Judge Collins for settlement proceedings. Filed by Plaintiff MySpace Inc.(Boyajian, Nina) (Entered: 11/09/2007)
11/09/2007 93 NOTICE AND REQUEST of Settlement Procedure Selection (Sp1); parties request to Appear Before Judge Collins for settlement proceedings. Filed by Plaintiff MySpace Inc. (Attachments: # 1 Proposed Order [Proposed] Order# 2 Declaration Declaration of Lori Chang# 3 Exhibit A to Declaration of Lori Chang)(Boyajian, Nina) (Entered: 11/09/2007)
11/15/2007 94 NOTICE OF MOTION AND MOTION for Sanctions Fed. R. Civ. Proc. 37 against Defendant Sanford Wallace filed by Counsel for Plaintiff MySpace Inc.Motion set for hearing on 12/11/2007 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Ballon, Ian) (Entered: 11/15/2007)
11/15/2007 95 NOTICE OF MOTION AND MOTION for Sanctions Fed. R. Civ. Proc. 37 against defendant Sanford Wallace filed by Counsel for Plaintiff MySpace Inc.Motion set for hearing on 12/11/2007 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3A# 4 Exhibit 3B# 5 Exhibit 4# 6 Exhibit 5# 7 Exhibit 6# 8 Exhibit 7)(Ballon, Ian) (Entered: 11/15/2007)
11/15/2007 96 NOTICE OF MOTION AND MOTION for Sanctions Fed. R. Civ. Proc. 37 against defendant Sanford Wallace filed by Plaintiff's Counsel MySpace Inc.Motion set for hearing on 12/11/2007 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Ballon, Ian) (Entered: 11/15/2007)
11/16/2007 97 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found incorrect event used; motion event used, document submitted to Court was declaration: RE MOTION for Sanctions Fed. R. Civ. Proc. 37 against defendant Sanford Wallace95 (ab) (Entered: 11/16/2007)
11/16/2007 98 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found incorrect event used; motion event used and document filed is a proof of service: RE MOTION for Sanctions Fed. R. Civ. Proc. 37 against defendant Sanford Wallace96 (ab) (Entered: 11/16/2007)
11/16/2007 99 ORDER by Alicia G. Rosenberg The document is accepted as filed RE: MOTION for Sanctions Fed. R. Civ. Proc. 37 against defendant Sanford Wallace - 95 - Declaration of Lori Chang in support of motion. (agrcrd, ) (Entered: 11/16/2007)
11/16/2007 100 ORDER by Alicia G. Rosenberg The document is accepted as filed RE: MOTION for Sanctions Fed. R. Civ. Proc. 37 against defendant Sanford Wallace96 - Proof of Service. (agrcrd, ) (Entered: 11/16/2007)
11/19/2007 101 NOTICE OF DEFICIENCY Re: The Clerk cannot enter the Amended Request for Entry of Default as to Walter Rines as Proof of service does not indicate name and title of person who received service and does not indicate Federal or State Statute in which service was effected. Request forwarded to assigned Judge for consideration. (ir) Modified on 11/19/2007 (ir, ). (Entered: 11/19/2007)
11/20/2007 102 MINUTES OF IN CHAMBERS ORDER by Judge Alicia G. Rosenberg re: MOTION for Sanctions Fed. R. Civ. Proc. 37 against Defendant Sanford Wallace94. IT IS HEREBY ORDERED that: 1. Defenant Sanford Wallace's opposition to the motion for sanctions be filed and served on or before November 27, 2007. Defendant's opposition should notify the Court whether he intends to appear at the hearing on December 11, 2007, at 10:00 a.m. 2. Plaintiff's reply brief shall be filed and served on or before Tuesday, December 4, 2007. (agrcrd, ) (Entered: 11/20/2007)
11/20/2007 103 ORDER by District Judge Audrey B. Collins APPROVED the NOTICE AND REQUEST of Settlement Procedure Selection (Sp1)to Appear Before Magistrate Judge for settlement proceedings. (ir) (Entered: 11/21/2007)
11/26/2007 104 MINUTES: ORDER REGARDING Plaintiffs Request for Entry of Default against defendant Walter Rines [88] (In Chambers) Court GRANTS Plaintiffs request and ORDERS the Court Clerk to enter default against Defendant Rines IT IS SO ORDERED by Judge Audrey B. Collins (ir) (Entered: 11/27/2007)
11/26/2007 105 DEFAULT BY CLERK ENTERED as to Defendant Walter Rines pursuant to Order filed 11/26/07 (ir) (Entered: 11/27/2007)
12/11/2007 106 MINUTES OF Motion Hearing held before Judge Alicia G. Rosenberg. PLAINTIFF'S MOTION FOR SANCTIONS AGAINST DEFENDANT SANFORD WALLACE. Case called. Ian C. Ballon with Greenberg Traurig, LLP appears on behalf of Plaintiff Myspace, Inc. There is no appearance on behalf of Defendant Sanford Wallace. The Court takes the matter under submission.Court Smart: 12/11/2007. (agrcrd, ) (Entered: 12/11/2007)
12/11/2007 107 MINUTES OF IN CHAMBERS ORDER by Judge Alicia G. Rosenberg re: MOTION for Sanctions Fed. R. Civ. Proc. 37 against defendant Sanford Wallace95. IT IS HEREBY ORDERED that Plaintiff's motion for sanctions against Defendant Sanford Wallace is GRANTED in part as follows: 1. Mr. Wallace shall pay to Plaintiff sanctions in the amount of $150.00 within 10 days of the date of this Order. 2. Mr. Wallace shall appear for deposition at a mutually convenient date and time within 30 days of the date of this Order. 3. At a mutually convenient date and time within 30 days of the date of this Order, Mr. Wallace shall produce nonprivileged documents responsive to Request for Production Nos. 1-24, 25 (for the period 2003 to the present), and 26-33 in the Notice of Deposition served on August 10, 2007. (See Order for details.) (agrcrd, ) (Entered: 12/11/2007)
01/22/2008 108 NOTICE OF MOTION AND Third MOTION for Sanctions Fed. R. Civ. Proc. 37 on Sanford Wallace filed by Plaintiff MySpace Inc.Motion set for hearing on 2/12/2008 at 10:00 AM before Magistrate Judge Alicia G. Rosenberg. (Ballon, Ian) (Entered: 01/22/2008)
01/22/2008 109 DECLARATION of Lori Chang in support of Third MOTION for Sanctions Fed. R. Civ. Proc. 37 on Sanford Wallace108 filed by Plaintiff MySpace Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Declaration 8# 9 Exhibit 9# 10 Exhibit 10# 11 Declaration 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17)(Ballon, Ian) (Entered: 01/22/2008)
01/22/2008 110 Proof OF SERVICE filed by Plaintiff MySpace Inc, re Declaration (Motion related), Declaration (Motion related)109, Third MOTION for Sanctions Fed. R. Civ. Proc. 37 on Sanford Wallace108 served on 1/22/08. (Ballon, Ian) (Entered: 01/22/2008)
01/30/2008 111 MINUTES OF IN CHAMBERS ORDER byJudge Alicia G. Rosenberg re: Third MOTION for Sanctions Fed. R. Civ. Proc. 37 on Sanford Wallace108. IT IS HEREBY ORDERED that Defendant Sanford Wallace's opposition to the motion for sanctions shall be filed and served no later than February 5, 2008. Defendant's opposition should notify the Court whether he intends to appear at the hearing on February 12, 2008, at 10:00 a.m. (agrcrd, ) (Entered: 01/30/2008)
02/05/2008 112 DECLARATION of Lori Chang In Support of Third MOTION for Sanctions Fed. R. Civ. Proc. 37 on Sanford Wallace108 filed by Plaintiff MySpace Inc. (Ballon, Ian) (Entered: 02/05/2008)
02/12/2008 113 MINUTES OF Discovery Hearing held before Alicia G. Rosenberg RE: Third MOTION for Sanctions Fed. R. Civ. Proc. 37 on Sanford Wallace108. Upon hearing oral argument by Plaintiff's counsel, the Court takes the matter under submission. Court Smart: CS 2/12/2008. (agrcrd, ) (Entered: 02/13/2008)
02/22/2008 114 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge Alicia G. Rosenberg. Objections to R&R due by 3/10/2008 (Attachments: # 1 Report and Recommendation of United States Magistrate Judge) (agrcrd, ) (Entered: 02/22/2008)
02/22/2008 115 REPORT AND RECOMMENDATION issued by Magistrate Judge Alicia G. Rosenberg Re Third MOTION for Sanctions Fed. R. Civ. Proc. 37 on Sanford Wallace108 (agrcrd, ) (Entered: 02/22/2008)
04/15/2008 116 ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS by Judge Audrey B. Collins. Pursuant 28 U.S.C. 630, the Court has reviewed the entire file de novo. Including the magistrate judge's Report and Recommendation. The Court agrees with the recommendation of the magistrate judge. IT IS ORDERED that default be entered against Defendant Sanford Wallace. (mp) (Entered: 04/16/2008)
04/17/2008 117 DEFAULT BY CLERK ENTERED as to Defendant Sanford Wallace. (ab) (Entered: 04/17/2008)
04/18/2008 118 NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Sanford Wallace and Walter Rines filed by Plaintiff MySpace Inc.Motion set for hearing on 5/12/2008 at 10:00 AM before Judge Audrey B. Collins. (Ballon, Ian) (Entered: 04/18/2008)
04/18/2008 119 DECLARATION of Kevin Datoo In Support of MOTION for Default Judgment against Defendants Sanford Wallace and Walter Rines118 filed by Plaintiff MySpace Inc. (Ballon, Ian) (Entered: 04/18/2008)
04/18/2008 120 DECLARATION of Joseph Marotta In Support of MOTION for Default Judgment against Defendants Sanford Wallace and Walter Rines118 filed by Plaintiff MySpace Inc. (Ballon, Ian) (Entered: 04/18/2008)
04/18/2008 121 DECLARATION of Shing Yin Khor In Support of MOTION for Default Judgment against Defendants Sanford Wallace and Walter Rines118 filed by Plaintiff MySpace Inc. (Ballon, Ian) (Entered: 04/18/2008)
04/18/2008 122 DECLARATION of Lori Chang In Support of MOTION for Default Judgment against Defendants Sanford Wallace and Walter Rines118 filed by Plaintiff MySpace Inc. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5 Part 1# 6 Exhibit 5 Part 2# 7 Exhibit 5 Part 3# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9# 12 Exhibit 10# 13 Exhibit 11# 14 Exhibit 12# 15 Exhibit 13 Part 1 A# 16 Exhibit 13 Part 1 B# 17 Exhibit 13 Part 1 C# 18 Exhibit 13 Part 1 D# 19 Exhibit 13 Part 1 E# 20 Exhibit 13 Part 2# 21 Exhibit 13 Part 3# 22 Exhibit 13 Part 4# 23 Exhibit 14# 24 Exhibit 15# 25 Exhibit 16# 26 Exhibit 17# 27 Exhibit 18# 28 Exhibit 19# 29 Exhibit 20# 30 Exhibit 21)(Ballon, Ian) (Entered: 04/18/2008)
04/21/2008 123 SUPPLEMENT to MOTION for Default Judgment against Defendants Sanford Wallace and Walter Rines118 Notice of Errata re Decl of Kevin Datoo filed by Plaintiff MySpace Inc. (Attachments: # 1)(Ballon, Ian) (Entered: 04/21/2008)
04/23/2008 124 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Incorrect event selected. Correct event is Miscellaneour Filings-Errata RE: Supplement(Motion related)123. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (es) (Entered: 04/23/2008)
04/23/2008 125 NOTICE OF ERRATA filed by Plaintiff MySpace Inc. correcting Declaration (Motion related)119 of Kevin Datoo (Attachments: # 1)(Ballon, Ian) (Entered: 04/23/2008)
05/12/2008 126 ORDER by Judge Audrey B. Collins Granting MOTION for Default Judgment against Defendants Sanford Wallace and Walter Rines118 (es) (Entered: 05/13/2008)
05/12/2008 127 MINUTES OF Motion for default judgment against defendants, Sanford Wallace and Walter Rines Hearing held before Judge Audrey B. Collins: No opposition received. Motion granted. Judgment signed. Court Reporter: Katherine Stride. (es) (Entered: 05/14/2008)
05/14/2008 128 NOTICE OF ERRATA filed by Plaintiff MySpace Inc. correcting Order126 (Ballon, Ian) (Entered: 05/14/2008)