MDY Industries, LLC v. Blizzard Entertainment, Inc. et al

MDY Industries, LLC seeks a declaratory judgment that its product—WOWGLIDER—does not infringe on the Defendant's copyrights to World of Warcraft, violate the DMCA or interfere with the contractual relationships between Defendants and their World of Warcraft customers.
Plaintiff:MDY Industries, LLC
Defendant:Blizzard Entertainment, Inc. and Vivendi Games, Inc.
Counter Claimants:Vivendi Games, Inc. and Blizzard Entertainment, Inc.
Counter Defendant:MDY Industries, LLC
ThirdParty Defendant:Michael Donnelly
ThirdParty Plaintiffs:Vivendi Games, Inc. and Blizzard Entertainment, Inc.
 
Case Number:2:2006cv02555
Filed:October 25, 2006
 
Court:Arizona District Court
Office:Phoenix Division Office [ Court Info ]
County:Maricopa
Presiding Judge:Judge David G Campbell
 
Nature of Suit:Intellectual Property - Copyrights
Cause:28:2201 Declaratory Judgement
Jurisdiction:Federal Question
Jury Demanded By:Both

Available Case Documents

The following documents for this case are available for you to view or download.
Date Filed#Document Text
October 25, 20061COMPLAINT, filed by MDY Industries, LLC.(Meaney, Joseph)
October 26, 20063Filing fee paid 10/26/2006, receipt number PHX049754. This case has been assigned to the Honorable Virgina A. Mathis. All future pleadings or documents should bear the correct case number: CV06-2555-PHX-VAM. Magistrate Election form attached. (Attachments: # 1 Instructions) (entered by HIH)
October 26, 20064Summons Issued as to Blizzard Entertainment, Inc. and Vivendi, SA. (Attachments: # 1 Vivendi)(entered by HIH)
December 1, 20065AMENDED COMPLAINT against Vivendi Games, Inc., Blizzard Entertainment, Inc. ; Party Vivendi, SA terminated, filed by MDY Industries, LLC.(Venable, Lance)
December 11, 20066Summons Issued as to Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Vivendi Games)(ESL)
December 20, 20067Ordered that MDY Industries, LLC show cause for failure to comply with LRCiv 3.8(a) before Judge Stephen M McNamee; Show Cause Hearing set for 1/16/2007 01:30 PM before Judge Stephen M McNamee. (Attachments: # 1 # 2)(MAP)
January 4, 20079MINUTE ORDER Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned to by random draw to Judge David G. Campbell. All further pleadings should now list the following COMPLETE case number: CIV-06-2555-PHX-DGC FURTHER ORDERED that the Order to Show Cause hearing scheduled for 1/16/07 is hereby vacated (MAP)
February 16, 200710ANSWER to Amended Complaint, THIRD PARTY COMPLAINT against Michael Donnelly, COUNTERCLAIM against MDY Industries, LLC by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit Exhibit A# 2 Exhibit Exhibit B# 3 Exhibit Exhibit C# 4 Exhibit Exhibit D)(Stein, Scott)
February 20, 200711Court Opinion or Order ORDER re Rule 16 Scheduling Conference set for 4/4/2007 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 2/20/07. (NVJ)
February 21, 200712Summons Issued as to Michael Donnelly. (PEM)
March 15, 200713ANSWER to Counterclaim, ANSWER to Third Party Complaint by MDY Industries, LLC, Michael Donnelly.(Venable, Lance)
March 26, 200714MOTION for Admission Pro Hac Vice as to attorney Christian S Genetski on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc.. (BAS, )
March 27, 200716REPORT re: Rule 26(f) Planning Meeting by Vivendi Games, Inc., MDY Industries, LLC, Blizzard Entertainment, Inc., Michael Donnelly. (Venable, Lance)
April 3, 200717Notice re Initial Disclosure by MDY Industries, LLC, Michael Donnelly (Venable, Lance)
April 3, 200718Notice re Initial Disclosures by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian)
April 9, 200720Court Opinion or Order CASE MANAGEMENT ORDER: Discovery due by 1/25/2008. Dispositive motions due by 2/29/2008. Signed by Judge David G Campbell on 4/6/07. (LMR, )
May 8, 200721Notice re service of document requests and interrogatories by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian)
June 1, 200722MOTION for Admission Pro Hac Vice as to attorney Samuel Bryant Davidoff on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc.. (BAS, )
June 1, 200723MOTION for Admission Pro Hac Vice as to attorney Shane M McGee on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc. (BAS, )
June 22, 200725Corporate Disclosure Statement by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Davidoff, Samuel)
July 13, 200726STIPULATION for Protective Order by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
July 18, 200727Court Opinion or Order Stipulated PROTECTIVE ORDER. Signed by Judge David G Campbell on 7/18/07. (NVJ)
October 2, 200728Notice re Joint Report on Settlement Talks As Required Under The Court's April 6, 2007 Order by MDY Industries, LLC, Michael Donnelly (Venable, Lance)
December 13, 200729MOTION to Withdraw as Attorney by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Davidoff, Samuel)
December 18, 200730Court Opinion or Order ORDER denying 29 Motion to Withdraw as Attorney. Motion does not comply with Local Rule of Civil Procedure 83.3(b). Signed by Judge David G Campbell on 12/18/07.(NVJ)
December 24, 200731Amended MOTION to Withdraw as Attorney by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Davidoff, Samuel)
January 2, 200832Court Opinion or Order ORDER granting 31 Amended Motion to Withdraw as Attorney. Attorney Samuel Bryant Davidoff terminated for Defendants, Counter-Claim Plaintiffs, and Third Party Plaintiffs Blizzard Entertainment Inc and Vivendi Games Inc. Signed by Judge David G Campbell on 1/2/08.(REW, )
February 7, 200833MOTION for Extension of Time to file dispositive motions by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Text of Proposed Order Proposed Order)(Venable, Lance)
February 11, 200834Court Opinion or Order ORDER granting 33 Motion for Extension of Time. Dispositive motions due by 3/21/2008. The parties are advised that the Court will not grant additional extensions absent truly extraordinary circumstances. Signed by Judge David G Campbell on 2/11/08. (NVJ)
March 18, 200835Joint MOTION for Leave to File Excess Pages for Motion for Summary Judgment and Responses by Vivendi Games, Inc., MDY Industries, LLC, Blizzard Entertainment, Inc., Michael Donnelly, Vivendi, SA. (Attachments: # 1 Text of Proposed Order)(Genetski, Christian)
March 18, 200836NOTICE of Appearance by Shaun M Klein on behalf of Vivendi Games, Inc., Blizzard Entertainment, Inc. (Klein, Shaun)
March 21, 200837LODGED Proposed Order Granting Joint Motion to Extend the Page Limit for Motions for Summary Judgment and Responses re: 35 Joint MOTION filed by Vivendi Games, Inc., MDY Industries, LLC, Blizzard Entertainment, Inc., Michael Donnelly. (Genetski, Christian) Modified on 3/24/2008 INCORRECT DOCUMENT EVENT SELECTED, EXCESS TEXT REMOVED. DOCUMENT NOT IN COMPLIANCE WITH LRCiv 7.1(c). ATTORNEY NOTICED. (REW, ).
March 21, 200838Court Opinion or Order ORDER granting 35 Motion for Leave to File Excess Pages. Signed by Judge David G Campbell on 3/21/2008.(NVJ)
March 21, 200839MOTION for Summary Judgment and Memorandum of Points and Authorities in Support by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Genetski, Christian)
March 21, 200840STATEMENT of of Facts in Support of Motion for Summary Judgment re 39 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support by Defendants Vivendi Games, Inc., Blizzard Entertainment, Inc., Third Party Plaintiffs Vivendi Games, Inc., Blizzard Entertainment, Inc., Counter Claimants Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Genetski, Christian)
March 21, 200841Additional Attachments to Main Document Statement of Facts in Support of Motion for Summary Judgment by Defendants Vivendi Games, Inc., Blizzard Entertainment, Inc., Third Party Plaintiffs Vivendi Games, Inc., Blizzard Entertainment, Inc., Counter Claimants Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit 12, # 2 Exhibit 13, # 3 Exhibit 14, # 4 Exhibit 15, # 5 Exhibit 16, # 6 Exhibit 17, # 7 Exhibit 18, # 8 Exhibit 19, # 9 Exhibit 20)(Genetski, Christian)
March 21, 200842Additional Attachments to Main Document Statement of Facts in Support of Motion for Summary Judgment by Defendants Vivendi Games, Inc., Blizzard Entertainment, Inc., Third Party Plaintiffs Vivendi Games, Inc., Blizzard Entertainment, Inc., Counter Claimants Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit 22, # 2 Exhibit 23, # 3 Exhibit 24, # 4 Exhibit 25, # 5 Exhibit 26, # 6 Exhibit 27, # 7 Exhibit 28, # 8 Exhibit 29, # 9 Exhibit 30)(Genetski, Christian)
March 21, 200843Additional Attachments to Main Document Statement of Facts in Support of Motion for Summary Judgment by Defendants Vivendi Games, Inc., Blizzard Entertainment, Inc., Third Party Plaintiffs Vivendi Games, Inc., Blizzard Entertainment, Inc., Counter Claimants Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit 32, # 2 Exhibit 33, # 3 Exhibit 34, # 4 Exhibit 35, # 5 Exhibit 36, # 6 Exhibit 37, # 7 Exhibit 38, # 8 Exhibit 39, # 9 Exhibit 40)(Genetski, Christian)
March 21, 200844Additional Attachments to Main Document Statement of Facts in Support of Motion for Summary Judgment by Defendants Vivendi Games, Inc., Blizzard Entertainment, Inc., Third Party Plaintiffs Vivendi Games, Inc., Blizzard Entertainment, Inc., Counter Claimants Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit 42, # 2 Exhibit 43, # 3 Exhibit 44, # 4 Exhibit 45, # 5 Exhibit 46, # 6 Exhibit 47, # 7 Exhibit 48, # 8 Exhibit 49)(Genetski, Christian)
March 21, 200845MOTION for Summary Judgment and Memorandum of Points and Authorities by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
March 21, 200846Additional Attachments to Main Document re 45 MOTION for Summary Judgment and Memorandum of Points and Authorities Statement of Facts and Supporting Exhibits (Excluding Exhibits B, I, L, and N) by Plaintiff MDY Industries, LLC, ThirdParty Defendant Michael Donnelly, Counter Defendant MDY Industries, LLC. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit C, # 3 Exhibit Exhibit D, # 4 Exhibit Exhibit E, # 5 Exhibit Exhibit F, # 6 Exhibit Exhibit G, # 7 Exhibit Exhibit H, # 8 Exhibit Exhibit J, # 9 Exhibit Exhibit K, # 10 Exhibit Exhibit M)(Venable, Lance)
March 21, 200847Additional Attachments to Main Document re 46 Additional Attachments to Main Document,, Exhibits L and N to Plaintiff's and Third Party Defendant's Statement of Facts in Support of their Motion for Summary Judgment by Plaintiff MDY Industries, LLC, ThirdParty Defendant Michael Donnelly, Counter Defendant MDY Industries, LLC. (Attachments: # 1 Exhibit Exhibit N)(Venable, Lance)
March 25, 200848SEALED MOTION to Seal Document re Exhibits B and I of Plaintiff's and Third-Party Defendant's Motion for Summary Judgment by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Text of Proposed Order Proposed order granting the plaintiffs' motion to file documents under seal)(Venable, Lance)
April 23, 200854RESPONSE to Motion re 45 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Genetski, Christian)
April 23, 200855RESPONSE TO 46 Statement of Facts, RE: 45 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit Index & Ex. 50, # 2 Exhibit Ex. 51, # 3 Exhibit Ex. 52, # 4 Exhibit Ex. 53, # 5 Exhibit Ex. 54, # 6 Exhibit Ex. 55, # 7 Exhibit Ex. 56, # 8 Exhibit Ex. 57, # 9 Exhibit Ex. 58)(Genetski, Christian) Modified on 4/24/2008 INCORRECT DOCUMENT EVENT SELECTED; DOCUMENT NOT LINKED CORRECTLY. LINKAGE ADDED AND TEXT CORRECTED TO REFLECT CORRECT DOCUMENT DESCRIPTION. (REW, ).
April 24, 200857RESPONSE to Motion re 39 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
April 24, 200858STATEMENT OF FACTS and Disputed Facts and Exhibits A to Z and Exhibits AA to CC re 57 Response to 39 Motion by Plaintiff MDY Industries, LLC, ThirdParty Defendant Michael Donnelly, Counter Defendant MDY Industries, LLC filed by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit List, # 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 O, # 15 Exhibit P, # 16 Exhibit Q, # 17 Exhibit S, # 18 Exhibit T, # 19 Exhibit U, # 20 Exhibit V, # 21***STRICKEN PURSUANT TO ORDER #79, FILED 7/2/08***Exhibit W # 22 Exhibit X, # 23 Exhibit Y, # 24 Exhibit Z, # 25 Exhibit AA, # 26 Exhibit BB, # 27 Exhibit CC)(Venable, Lance) Modified on 4/25/2008 INCORRECT DOCUMENT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (Declaration) TO (Statement of Facts); LINKAGE ADDED. (REW). MODIFIED ON 7/2/08 TO STRIKE EXHIBIT W ON (MAP).
May 2, 200862NOTICE of Appearance by Connie Jo Mableson on behalf of Public Knowledge (Mableson, Connie)
May 2, 200863MOTION to File Amicus Curiae Brief in Support of Neither Party on Cross-Motions for Summary Judgment by Public Knowledge. (Attachments: # 1 Amicus Curiae Brief, # 2 Text of Proposed Order Granting Public Knowledge's Request to File an Amicus Brief)(Mableson, Connie) Modified on 5/5/2008 LODGED PROPOSED DOCUMENT EVENT NOT ENTERED. (REW, ).
May 5, 200864NOTICE TO FILER OF DEFICIENCY re 63 MOTION to File Amicus Curiae Brief filed by Public Knowledge. Description of deficiency: Lodged Proposed Document must not be attached or made a part of the motion. ATTORNEY NOTICED TO RE-FILE. (REW, )
May 5, 200865LODGED Proposed Amicus Curiae Brief of Public Knowledge in Support of Neither Party on Cross-Motions for Summary Judgment by Amicus Public Knowledge. (Mableson, Connie) Modified on 5/6/2008 INCORRECT DOCUMENT EVENT SELECTED. ATTORNEY NOTICED TO RE-FILE DOCUMENT. (REW, ).
May 6, 200866NOTICE TO FILER OF DEFICIENCY re 65 Memorandum, filed by Public Knowledge. Description of deficiency: Document not electronically lodged using LODGED PROPOSED DOCUMENT EVENT. ATTORNEY NOTICED TO RE-FILE (OPEN DOCUMENT FOR FULL DETAILS). (REW, )
May 6, 200867LODGED Proposed Public Knowledge Amicus Curiae Brief, re: 63 Motion for Leave to File. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Public Knowledge. (Mableson, Connie) Modified on 5/7/2008 TO ADD TEXT AND LINKAGE TO MOTION (REW, ).
May 9, 200868MOTION for Leave to File Excess Pages for the parties reply briefs in support of their motions for summary judgment by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Text of Proposed Order)(Venable, Lance)
May 12, 200869REPLY in Support re 45 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
May 12, 200870REPLY in Support re 39 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support filed by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Genetski, Christian)
May 12, 200871Reply re 58 Statement, of Facts by Defendants Vivendi Games, Inc., Blizzard Entertainment, Inc., Third Party Plaintiffs Vivendi Games, Inc., Blizzard Entertainment, Inc., Counter Claimants Vivendi Games, Inc., Blizzard Entertainment, Inc. (Attachments: # 1 Exhibit Index & Ex. 59, # 2 Exhibit Ex. 60, # 3 Exhibit Ex. 61)(Genetski, Christian) Modified on 5/13/2008 DOCUMENT LINKED INCORRECTLY. THIS ENTRY HAS BEEN MODIFIED TO LINK TO #58. (REW, ).
May 20, 200872Court Opinion or Order ORDER granting 68 Motion for Leave to File Excess Pages. Signed by Judge David G Campbell on 5/20/2008.(NVJ)
May 30, 200874Court Opinion or Order ORDER granting Public Knowledge's 63 Motion to File Amicus Curiae in Support of Neither Party on Cross-Motions for Summary Judgment; the Clerk is directed to file the 67 lodged brief. Signed by Judge David G Campbell on 5/29/08.(REW, )
May 30, 200875AMICUS CURIAE BRIEF in Support of Neither Party, re: 45 , 39 MOTIONS for Summary Judgment by Amicus Public Knowledge filed by Public Knowledge. (REW, )
June 10, 200876Court Opinion or Order ORDER re additional briefing re amicus curiae brief by Public Knowledge. Signed by Judge David G Campbell on 6/10/2008. (NVJ)
June 20, 200877RESPONSE re 75 Brief (Non Appeal) to the Brief of Amicus Curiae Public Knowledge by Defendants Vivendi Games, Inc., Blizzard Entertainment, Inc., Third Party Plaintiffs Vivendi Games, Inc., Blizzard Entertainment, Inc., Counter Claimants Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Genetski, Christian)
July 2, 200881SEALED EXHIBITS re 57 filed by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit W)(MAP)
July 14, 200882Court Opinion or Order ORDER granting in part and denying in part 39 Motion for Summary Judgment; granting in part and denying in part 45 Motion for Summary Judgment. A final pretrial conference will be set by separate order. Signed by Judge David G Campbell on 7/14/2008.(NVJ)
July 14, 200883Court Opinion or Order ORDER re Final Pretrial Conference set for 9/24/2008 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Motions in limine due by 9/3/2008; rsponses to motions in limine due by 9/10/2008; no replies permitted. Proposed Pretrial Order due by 9/3/2008. Signed by Judge David G Campbell on 7/14/2008. (NVJ)
July 28, 200884MOTION for Permanent Injunction or in the Alternative to Amend the Judgment Entered July 14, 2008 by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, Declaration with Attached Exhibits, # 4 Exhibit D, Affidavit, # 5 Text of Proposed Order)(Genetski, Christian)
August 14, 200885RESPONSE in Opposition re 84 MOTION for Permanent Injunction or in the Alternative to Amend the Judgment Entered July 14, 2008 filed by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit Exhibit A - Affidavit of Michael Donnelly, # 2 Exhibit Exhibit B - Deposition Excerpt of Gregory Ashe, # 3 Exhibit Exhibit C - MDY's Letter of 7-25-08 to Blizzard, # 4 Exhibit Exhibit D - Blizzard Press Release)(Venable, Lance)
August 25, 200886REPLY in Support re 84 MOTION for Permanent Injunction or in the Alternative to Amend the Judgment Entered July 14, 2008 filed by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Genetski, Christian)
September 2, 200887Court Opinion or Order ORDER re proposed final pretrial order due 9/10/2008. Signed by Judge David G Campbell on 9/2/2008. (NVJ)
September 10, 200888Proposed Findings of Fact by MDY Industries, LLC, Blizzard Entertainment, Inc., Michael Donnelly. (Venable, Lance)
September 10, 200889Exhibit List by Vivendi Games, Inc., Blizzard Entertainment, Inc... (Venable, Lance)
September 10, 200890Exhibit List by MDY Industries, LLC, Michael Donnelly.. (Venable, Lance)
September 18, 200891Court Opinion or Order ORDER denying without prejudice 84 Motion for Permanent Injunction. Signed by Judge David G Campbell on 9/18/2008.(NVJ)
September 25, 200892LODGED Proposed Joint Proposed Final Pretrial Order. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
September 25, 200894STIPULATION as to damages by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit Exhibit A - Order and Stipulated Judgment)(Venable, Lance)
September 29, 200895Court Opinion or Order ORDER AND STIPLATED JUDGMENT - Blizzard shall be entitled to recover the total sum of $6,000,000 as monetary damages for counts I, II and III of its Counterclaims and Third Party Complaint related to the sale of Glider up through and including September 1, 2008. Blizzard shall not be entitled to double or triple recovery for counts I, II and III. That is, Blizzard shall be entitled to receive a total of $6,000,000 in damages for counts I, II and III. However, should liability on any one or two of the counts be reversed on appeal, any one of these counts independently supports the $6,000,000 award. In the event that the Court determines that Michael Donnelly is personally liable, either individually or jointly and severally, under counts I, II, or III, this stipulation shall extend to him. The parties shall submit their disputed and undisputed statements of facts and law related to the DMCA claim on September 10, 2008. Counts V and VII of Blizzard's Counterclaims and Third Party Complaint alleging trademark infringement and unjust enrichment are hereby dismissed by stipulation of the parties. Signed by Judge David G Campbell on 9/26/08. (KMG)
September 29, 200896Court Opinion or Order ORDER: Bench Trial set for 1/8/2009 at 09:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 9/29/2008. (NVJ)
October 20, 200897Proposed Findings of Fact by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
November 3, 200898MOTION to Intervene as Plaintiffs, MOTION for Reconsideration En Banc and Clarification, MOTION for Amicus Brief by Jonathan Lee Riches. (TLJ)
November 24, 200899Court Opinion or Order ORDER denying Jonathan Riches' 98 Motion to Intervene. Signed by Judge David G Campbell on 11/21/08.(REW, )
January 8, 2009100Minute Entry. Proceedings held before Judge David G Campbell. Bench trial - Day 1 - Bench Trial begun on 1/8/2009. (Court Reporter Patricia Lyons.)(LMR, )
January 8, 2009101AMENDED Minute Entry. Proceedings held before Judge David G Campbell: Bench Trial begun on 1/8/2009. (Amended to reflect admission of Exhibit 7). (See document for full details). (Court Reporter Patricia Lyons.)(LAD)
January 9, 2009102Minute Entry for Proceedings (Court Trial) held before Judge David G Campbell: Trial Day #2 - Reconvene. Michael Donnelly examined further. Witness excused. Closing argument. The matter is taken under advisement. Court is adjourned. Dft's exhibits are released to cnsl. (Court Reporter Patricia Lyons.) (SAT)
January 9, 2009103Witness List by MDY Industries, LLC. (TLJ)
January 9, 2009104Witness List by Blizzard Entertainment, Inc., et al.(TLJ)
January 9, 2009105Exhibit List by MDY Industries, LLC.. (TLJ)
January 9, 2009106Exhibit List by Blizzard Entertainment, Inc., et al.(TLJ)
January 28, 2009108Court Opinion or Order ORDER re bench trial. Signed by Judge David G Campbell on 1/28/2009. (NVO)
February 13, 2009109MEMORANDUM re: Memorandum Opposing Stay of Permanent Injunction re 108 Order by Defendant Blizzard Entertainment, Inc., ThirdParty Plaintiff Blizzard Entertainment, Inc., Counter Claimant Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit)(Genetski, Christian)
February 13, 2009110LODGED Proposed Proposed Order. Document to be filed by Clerk if Motion to Leave to File or Amend is granted. Filed by Blizzard Entertainment, Inc.. (Genetski, Christian)
February 13, 2009111MEMORANDUM re: Memorandum in Support of MDY and Donnelly's Request to Stay the Permanent Injunction by Plaintiff MDY Industries, LLC, ThirdParty Defendant Michael Donnelly, Counter Defendant MDY Industries, LLC. (Attachments: # 1 Exhibit A - Proposed Order re Injunction, # 2 Exhibit B - Declaration of Michael Donnelly, # 3 Exhibit B1 to Donnelly's Declaration, # 4 Exhibit B2 - to Donnelly's Declaration, # 5 Exhibit C - Patry Blog Articles, # 6 Exhibit D - UNC Law Review, # 7 Exhibit E - Jurimetrics Law Journal, # 8 Exhibit F - McSherry Article, # 9 Exhibit G - Siy Article, # 10 Exhibit H - Ars Technica Article)(Venable, Lance)
February 23, 2009112STIPULATION as to Damages by Blizzard Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order Order and Stipulated Judgment)(Genetski, Christian)
February 24, 2009113MOTION for Judgment Damages on DMCA by Blizzard Entertainment, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Genetski, Christian)
March 3, 2009114Court Opinion or Order ORDER AND STIPULATED JUDGMENT pursuant to 112 Stipulation: ORDERED: 1. Blizzard shall be entitled to recover the total sum of $6,500,000 as monetary damages for counts I, II and III of its Counterclaims and Third Party Complaint related to the sale of Glider up through and including 2/23/09. 2. Blizzard shall be entitled to double or triple recovery for counts I, II and III. That is, Blizzard shalll be entitled to $6,500,000 in damages for counts I, II and III. However, should liability on any one or two of the counts be reversed on appeal, any remaining count shall independently support the $6,500,000 award. 3. Michael Donnelly is personally liable for the $6,500,000 damage award under counts I, II and III. (See document for full details). Signed by Judge David G Campbell on 3/2/2009. (LAD)
March 10, 2009115RESPONSE to Motion re 113 MOTION for Judgment Damages on DMCA filed by Michael Donnelly, MDY Industries, LLC. (Meaney, Joseph)
March 10, 2009116Court Opinion or Order ORDER AND PERMANENT INJUNCTION. The permanent injunction set forth in this paragraph (1) shall be stayed pending appeal. Within 30 days after all appeals being exhausted, the parties shall file a joint status report regarding the appropriate disposition of the escrow funds. The Court shall retain jurisdiction to hold proceedings and to enter further orders as may be appropriate to implement or enforce the provisions of this Order and Permanent Injunction (see order for details). Signed by Judge David G Campbell on 3/10/09. (TLJ)
March 18, 2009117REPLY in Support re 113 MOTION for Judgment Damages on DMCA by Defendant Blizzard Entertainment, Inc., ThirdParty Plaintiff Blizzard Entertainment, Inc., Counter Claimant Blizzard Entertainment, Inc.. (Genetski, Christian) Modified on 3/19/2009 INCORRECT EVENT SELECTED. THIS ENTRY HAS BEEN MODIFIED FROM (Reply) to (Reply in Support of Motion) (KMG).
March 24, 2009118MOTION for Reconsideration re the Court's March 10, 2009 Order by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
March 24, 2009119MOTION to Stay re the Court's permanent injunction pending disposition of MDY's Motion for Reconsideration by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)
March 25, 2009120Court Opinion or Order ORDER denying 118 Motion for Reconsideration; finding as moot 119 Motion to Stay. Signed by Judge David G Campbell on 3/25/2009.(NVO)
March 30, 2009121NOTICE OF APPEAL to 9th Circuit, as to 116 Order, Permanent Injunction, by MDY Industries, LLC, Michael Donnelly. Filing fee received: $ 455.00, receipt number 09700000000002692521. (Attachments: # 1 Appeal Information Civil Appeals Docketing Statement, # 2 Appeal Information Order Appealed from District Court)(Venable, Lance)
April 1, 2009122Court Opinion or Order ORDER granting in part and denying in part 113 Motion for Judgment. Signed by Judge David G Campbell on 4/1/2009.(NVO)
April 1, 2009123JUDGMENT: Blizzard shall be entitled to recover the total sum of $6,500,00 as monetary damages for counts I, II, III and IV of its counterclaims and 3rd party complaint related to the sale of Glider. Blizzard should not be entitled to multiple recover for counts I, II, III and IV. That is, Blizzard shall be entitled to receive a total of $6,500,000 for counts I, II, III and IV. Should liability on less than all counts be reversed on appeal, any remaining count shall independently support the $6,500,000 award. Michael Donnelly is personally liable for the $6,500,000 damage award under counts I, II, III and IV. The Clerk is directed to terminate this action. Signed by Judge David G Campbell on 4/1/2009. (LAD)
April 1, 2009124APPEAL PROCESSED to Ninth Circuit re: 121 Notice of Appeal, filed by MDY Industries, LLC, Michael Donnelly. Filed dates for: Notice of Appeal - Interlocutory; *3/30/2009*, *Complaint* *10/25/2006*, Appealed Order *3/10/09***. Court Reporter *Patricia Lyons 602-322-7257; Liz Lemke 602-322-7247* Fee Status: *Paid on 3/30/2009 in the amount of $455.00*.************. Appellant Attorney: *Lance Venable; Joseph Meaney* *(Retained)* *docketing@vclmlaw.com*. Appellee Attorney: *Christian Genetski; Scott Stein; Shane McGee; Shaun Klein;* *(Retained)* *cgenetski@sonnenscheins.com;sstein@sonnenschein.com; smcgee@sonnenschein.com; sklein@sonnenschein.com***. Copies sent to all parties and 9th Circuit. (REW, )
April 7, 2009125Ninth Circuit Case Number 09-15649 for 121 Notice of Appeal,. (ESL, )
April 8, 2009126Mail Returned as Undeliverable. Mail sent to Jonathan Lee Riches. Reason for return: Return to Sender: Inmate No Longer at this Facility. Document number #121 and #124. (REK)
April 13, 2009127TRANSCRIPT DESIGNATION AND ORDER FORM by Vivendi Games, Inc., Blizzard Entertainment, Inc. for proceedings held on 06/26/2008, 01/08/2009-01/09/2009 before Judge Campbell. (Genetski, Christian)
April 29, 2009128NOTICE OF APPEAL to 9th Circuit, as to 122 Order on Motion for Judgment, 123 Judgment,, by MDY Industries, LLC, Michael Donnelly. Filing fee received: $ 455.00, receipt number 09700000000002779392. (Attachments: # 1 Appeal Information Civil Appeals Docketing Statement - Part 1, # 2 Appeal Information Civil Appeals Docketing Statement - Part 2, # 3 Appeal Information Civil Appeals Docketing Statement - Part 3, # 4 Appeal Information Civil Appeals Docketing Statement - Part 4, # 5 Appeal Information Civil Appeals Docketing Statement - Part 5)(Venable, Lance) Modified on 5/1/2009 (SAT). DOCKET TEXT MODIFIED TO CORRECT LINKAGE.
May 1, 2009129APPEAL PROCESSED to Ninth Circuit re: 128 Notice of Appeal,, filed by MDY Industries, LLC, Michael Donnelly. Filed dates for: Notice of Appeal *4/29/2009*, *Complaint* *10/25/2006*, Appealed Order *4/1/09*, Appealed Judgment *4/1/09*. Court Reporter *Patricia Lyons: 602-322-7257; Elizabeth Lemke: 602-322-7247* Fee Status: *Paid on 4/29/2009 in the amount of $455.00*.************. Appellant Attorney: *Joseph Richard Meaney; Lance Christopher Venable*** *docketing@vclmlaw.com*. Appellee Attorney: *Christian Stephen Genetski; Scott Jeremy Stein; Shane M.McGee; Shaun M. Klein*** *cgenetski@sonnenschein.com; sstein@sonnenschein.com; smcgee@sonnenschein.com; sklein@sonnenschein.com***. Copies sent to all parties and 9th Circuit. (SAT)
May 11, 2009130Ninth Circuit Court of Appeals Case Number 09-15932 for 128 Notice of Appeal. (LAD)
May 12, 2009131MANDATE of 9th Circuit (Certified Copy), granting the parties' motion to dismiss this appeal. The parties shall bear their own costs on appeal re case number 09-15649, as to 121 Notice of Appeal, filed by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 NDA) (LAD)
May 12, 2009132MOTION to Compel Compliance with Court's March 10, 2009 Order by Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit S. McGee Letter, # 2 Exhibit Rupprecht Letter, # 3 Exhibit Rupprecht Letter, # 4 Exhibit Rupprecht Letter, # 5 Exhibit Rupprecht Email, # 6 Exhibit 9th Circuit Order, # 7 Exhibit Donnelly Forum Post)(Genetski, Christian)
May 12, 2009133Additional Attachments to Main Document re 132 MOTION to Compel Compliance with Court's March 10, 2009 Order (Proposed Order Text) by Defendant Blizzard Entertainment, Inc., ThirdParty Plaintiff Blizzard Entertainment, Inc., Counter Claimant Blizzard Entertainment, Inc.. (Genetski, Christian)
May 12, 2009134NOTICE OF CROSS APPEAL to 9th Circuit re judgment 123 by Vivendi Games, Inc., Blizzard Entertainment, Inc.. Filing fee received: $ 455.00, receipt number 09700000000002812911 (Attachments: # 1 Docketing Statement, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4)(Genetski, Christian) Modified on 5/13/2009 to reflect document linkage (LAD).
May 13, 2009135APPEAL PROCESSED to Ninth Circuit re: 134 Notice of Cross Appeal, filed by Vivendi Games, Inc., Blizzard Entertainment, Inc. Filed dates for: Notice of Appeal *5/12/2009*, *Complaint* *10/25/2006*, Appealed Order *4/1/09*, Appealed Judgment *4/1/09*. Court Reporter *Elizabeth Lemke 602-322-7247; Patricia Lyons 602-322-7257* Fee Status: *Paid on 5/12/2009 in the amount of $455.00*.************. Appellant Attorney: *Christian Stephen Genetski, Samuel Bryant Davidoff, Scott Jeremy Stein, Shane M. McGee, Shaun M. Klein* *(ret)* *cgenetski@sonnenschein.com, sdavidoff@sonnenschein.com, sstein@sonnenschein.com, smcgee@sonnenschein.com, sklein@sonnenschein.com*. Appellee Attorney: *Joseph Richard Meaney, Lance Christopher Venable* *(ret)* *docketing@vclmlaw.com, docketing@vclmlaw.com***. Copies sent to all parties and 9th Circuit. (LAD)
May 14, 2009137TRANSCRIPT filed for hearing on Motion Hearing for dates of 6/26/08 before Judge David G Campbell. Court Reporter: Elizabeth A Lemke. Re 134 Notice of Cross Appeal, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/4/2009. Redacted Transcript Deadline set for 6/15/2009. Release of Transcript Restriction set for 8/12/2009. (BAS, )
May 14, 2009138NOTICE OF FILING OF OFFICIAL TRANSCRIPT 137 (BAS, )
May 21, 2009139TRANSCRIPT of Proceedings re: Bench Trial Day 1 held on 1/8/09 before Judge David G Campbell. Court Reporter: Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2009. Redacted Transcript Deadline set for 6/22/2009. Release of Transcript Restriction set for 8/19/2009. (BAS, )
May 21, 2009140TRANSCRIPT of Proceedings re: Bench Trial Day 2 held on 1/9/09 before Judge David G Campbell. Court Reporter: Patricia Lyons. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2009. Redacted Transcript Deadline set for 6/22/2009. Release of Transcript Restriction set for 8/19/2009. (BAS, )
May 21, 2009141NOTICE OF FILING OF OFFICIAL TRANSCRIPT 139 and 140 (BAS, )
June 1, 2009142RESPONSE to Motion re 132 MOTION to Compel Compliance with Court's March 10, 2009 Order filed by Michael Donnelly, MDY Industries, LLC. (Attachments: # 1 Affidavit of Michael Donnelly)(Meaney, Joseph)
June 11, 2009143REPLY in Support re 132 MOTION to Compel Compliance with Court's March 10, 2009 Order filed by Blizzard Entertainment, Inc.. (Attachments: # 1 Exhibit)(Genetski, Christian)
June 19, 2009144TRANSCRIPT DESIGNATION AND ORDER FORM by MDY Industries, LLC for proceedings held on 6/26/2008; 1/8/2009; 1/9/2009 before Judge David G. Campbell. (Meaney, Joseph)
June 22, 2009145TRANSCRIPT DESIGNATION AND ORDER FORM by MDY Industries, LLC for proceedings held on 6/26/08; 1/8/09; 1/9/09 before Judge David G. Campbell. (Meaney, Joseph)
June 25, 2009146CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re 134 Notice of Cross Appeal. (LAD)
July 16, 2009147Court Opinion or Order ORDER denying 132 Motion to Compel. Signed by Judge David G Campbell on 7/16/2009.(NVO)
July 31, 2009148Ninth Circuit Case Number 09-16044 for 134 Notice of Cross Appeal. (LSP)
Search for this case: MDY Industries, LLC v. Blizzard Entertainment, Inc. et al
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Plaintiff: MDY Industries, LLC
Represented By: Lance Christopher Venable, Joseph Richard Meaney, Lance Christopher Venable, Joseph Richard Meaney
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Defendant: Blizzard Entertainment, Inc.
Represented By: Scott Jeremy Stein, Scott Jeremy Stein, Shane M McGee, Scott Jeremy Stein, Christian Stephen Genetski, Christian Stephen Genetski, Shane M McGee, Christian Stephen Genetski, Shane M McGee
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Defendant: Vivendi Games, Inc.
Represented By: Scott Jeremy Stein, Christian Stephen Genetski, Scott Jeremy Stein, Shane M McGee, Christian Stephen Genetski, Shane M McGee, Shane M McGee, Scott Jeremy Stein
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ThirdParty Plaintiff: Vivendi Games, Inc.
Represented By: Scott Jeremy Stein, Christian Stephen Genetski, Scott Jeremy Stein, Shane M McGee, Christian Stephen Genetski, Shane M McGee, Shane M McGee, Scott Jeremy Stein
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ThirdParty Plaintiff: Blizzard Entertainment, Inc.
Represented By: Scott Jeremy Stein, Scott Jeremy Stein, Shane M McGee, Scott Jeremy Stein, Christian Stephen Genetski, Christian Stephen Genetski, Shane M McGee, Christian Stephen Genetski, Shane M McGee
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ThirdParty Defendant: Michael Donnelly
Represented By: Lance Christopher Venable
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Counter Claimant: Vivendi Games, Inc.
Represented By: Scott Jeremy Stein, Christian Stephen Genetski, Scott Jeremy Stein, Shane M McGee, Christian Stephen Genetski, Shane M McGee, Shane M McGee, Scott Jeremy Stein
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Counter Claimant: Blizzard Entertainment, Inc.
Represented By: Scott Jeremy Stein, Scott Jeremy Stein, Shane M McGee, Scott Jeremy Stein, Christian Stephen Genetski, Christian Stephen Genetski, Shane M McGee, Christian Stephen Genetski, Shane M McGee
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Counter Defendant: MDY Industries, LLC
Represented By: Lance Christopher Venable, Joseph Richard Meaney, Lance Christopher Venable, Joseph Richard Meaney
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