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
Date Filed # Docket Text
October 25, 2006 1 COMPLAINT, filed by MDY Industries, LLC.(Meaney, Joseph) (Entered: October 25, 2006)
October 26, 2006 3 Filing 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) (Entered: 10/26/2006)
October 26, 2006 4 Summons Issued as to Blizzard Entertainment, Inc. and Vivendi, SA. (Attachments: # 1 Vivendi)(entered by HIH) (Entered: 10/26/2006)
December 1, 2006 5 AMENDED COMPLAINT against Vivendi Games, Inc., Blizzard Entertainment, Inc. ; Party Vivendi, SA terminated, filed by MDY Industries, LLC.(Venable, Lance) (Entered: December 1, 2006)
December 11, 2006 6 Summons Issued as to Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Vivendi Games)(ESL) (Entered: 12/11/2006)
December 20, 2006 7 Ordered 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) (Entered: December 20, 2006)
December 27, 2006 8 Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP) (Entered: January 4, 2007)
January 4, 2007 9 MINUTE 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) (Entered: January 4, 2007)
February 16, 2007 10 ANSWER 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) (Entered: February 16, 2007)
February 20, 2007 11 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) (Entered: February 20, 2007)
February 21, 2007 12 Summons Issued as to Michael Donnelly. (PEM) (Entered: February 21, 2007)
March 15, 2007 13 ANSWER to Counterclaim, ANSWER to Third Party Complaint by MDY Industries, LLC, Michael Donnelly.(Venable, Lance) (Entered: March 15, 2007)
March 26, 2007 14 MOTION for Admission Pro Hac Vice as to attorney Christian S Genetski on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc.. (BAS, ) (Entered: March 26, 2007)
March 26, 2007 PRO HAC VICE FEE PAID. $ 100, receipt number PHX055970 as to Christian S Genetski. (BAS, ) (Entered: March 26, 2007)
March 26, 2007 15 ORDER pursuant to General Order 05-25 granting 14 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: March 26, 2007)
March 27, 2007 16 REPORT re: Rule 26(f) Planning Meeting by Vivendi Games, Inc., MDY Industries, LLC, Blizzard Entertainment, Inc., Michael Donnelly. (Venable, Lance) (Entered: March 27, 2007)
April 3, 2007 17 Notice re Initial Disclosure by MDY Industries, LLC, Michael Donnelly (Venable, Lance) (Entered: April 3, 2007)
April 3, 2007 18 Notice re Initial Disclosures by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian) (Entered: April 3, 2007)
April 4, 2007 19 Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Lance Venable for plas; Christian Genetski for dfts. Scheduling Conference held on 4/4/2007. Order to follow. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, ) (Entered: April 4, 2007)
April 9, 2007 20 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, ) (Entered: April 9, 2007)
May 8, 2007 21 Notice re service of document requests and interrogatories by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian) (Entered: May 8, 2007)
June 1, 2007 22 MOTION for Admission Pro Hac Vice as to attorney Samuel Bryant Davidoff on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc.. (BAS, ) (Entered: June 1, 2007)
June 1, 2007 23 MOTION for Admission Pro Hac Vice as to attorney Shane M McGee on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc. (BAS, ) (Entered: June 1, 2007)
June 1, 2007 PRO HAC VICE FEE PAID. $ 100, receipt number PHX058574 as to Samuel Bryant Davidoff. (BAS, ) (Entered: June 1, 2007)
June 1, 2007 PRO HAC VICE FEE PAID. $ 100, receipt number PHX058575 as to Shane M McGee. (BAS, ) (Entered: June 1, 2007)
June 1, 2007 24 ORDER pursuant to General Order 05-25 granting 23 Motion for Admission Pro Hac Vice; granting 22 Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: June 1, 2007)
June 22, 2007 25 Corporate Disclosure Statement by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Davidoff, Samuel) (Entered: June 22, 2007)
July 13, 2007 26 STIPULATION for Protective Order by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) (Entered: July 13, 2007)
July 18, 2007 27 Stipulated PROTECTIVE ORDER. Signed by Judge David G Campbell on 7/18/07. (NVJ) (Entered: July 18, 2007)
October 2, 2007 28 Notice re Joint Report on Settlement Talks As Required Under The Court's April 6, 2007 Order by MDY Industries, LLC, Michael Donnelly (Venable, Lance) (Entered: October 2, 2007)
December 13, 2007 29 MOTION to Withdraw as Attorney by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Davidoff, Samuel) (Entered: December 13, 2007)
December 18, 2007 30 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) (Entered: December 18, 2007)
December 24, 2007 31 Amended MOTION to Withdraw as Attorney by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order)(Davidoff, Samuel) (Entered: December 24, 2007)
January 2, 2008 32 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, ) (Entered: January 2, 2008)
February 7, 2008 33 MOTION for Extension of Time to file dispositive motions by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Text of Proposed Order Proposed Order)(Venable, Lance) (Entered: February 7, 2008)
February 11, 2008 34 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) (Entered: February 11, 2008)
March 18, 2008 35 Joint 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) (Entered: March 18, 2008)
March 18, 2008 36 NOTICE of Appearance by Shaun M Klein on behalf of Vivendi Games, Inc., Blizzard Entertainment, Inc. (Klein, Shaun) (Entered: March 18, 2008)
March 21, 2008 37 LODGED 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, ). (Entered: March 21, 2008)
March 21, 2008 38 ORDER granting 35 Motion for Leave to File Excess Pages. Signed by Judge David G Campbell on 3/21/2008.(NVJ) (Entered: March 21, 2008)
March 21, 2008 39 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Genetski, Christian) (Entered: March 21, 2008)
March 21, 2008 40 STATEMENT 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) (Entered: March 21, 2008)
March 21, 2008 41 Additional 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) (Entered: March 21, 2008)
March 21, 2008 42 Additional 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) (Entered: March 21, 2008)
March 21, 2008 43 Additional 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) (Entered: March 21, 2008)
March 21, 2008 44 Additional 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) (Entered: March 21, 2008)
March 21, 2008 45 MOTION for Summary Judgment and Memorandum of Points and Authorities by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) (Entered: March 21, 2008)
March 21, 2008 46 Additional 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) (Entered: March 21, 2008)
March 21, 2008 47 Additional 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) (Entered: March 21, 2008)
March 25, 2008 48 SEALED 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) (Entered: 03/25/2008)
March 25, 2008 49 SEALED LODGED Proposed Exhibit B to Plaintiff's and Third-Party Defendant's Motion for Summary Judgment re: 48 SEALED MOTION to Seal Document re Exhibits B and I of Plaintiff's and Third-Party Defendant's Motion for Summary Judgment. Document to be filed by Clerk if Motion to Seal is granted. Filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) (Entered: March 25, 2008)
March 25, 2008 50 SEALED LODGED Proposed Exhibit I to Plaintiff's and Third-Party Defendant's Motion for Summary Judgment re: 48 SEALED MOTION to Seal Document re Exhibits B and I of Plaintiff's and Third-Party Defendant's Motion for Summary Judgment. Document to be filed by Clerk if Motion to Seal is granted. Filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) (Entered: March 25, 2008)
March 26, 2008 51 ORDER denying 48 Motion to Seal Document. The Ninth Circuit has held that parties must show "compelling reasons" to seal documents submitted in connection with dispositive motions. Kamakana v. City of Honolulu, 447 F.3d 1172, 1179 (9th Cir. 2006). The motion of Plaintiff and Third-Party Defendant asks the Court to permit the filing of motion for summary judgment exhibits under seal because the parties have stipulated to their confidentiality. The motion does not address the Ninth Circuit test and a mere stipulation does not satisfy it. The motion will be denied without prejudice to Plaintiff and Third-Party Defendant filing a motion that satisfies the Ninth Circuit standard. Signed by Judge David G Campbell on 3-26-08. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: March 26, 2008)
March 31, 2008 52 Second SEALED MOTION to Seal Document re Exhibits B and I to Plaintiff and Third-Party Defendant's Motion for Summary Judgment by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Text of Proposed Order Proposed order granting motion to file documents under seal)(Venable, Lance) (Entered: March 31, 2008)
April 9, 2008 53 ORDER denying 52 Motion to Seal Document. Plaintiff's second motion to seal documents asserts that the Court should grant the request to seal because the parties agreed that the documents in question are confidential and the Court entered a protective order. Dkt. #52 at 1. This argument misreads the Ninth Circuit's Kamakana decision. The Ninth Circuit said in Kamakana that the entry of a protective ordered justifies the sealing of documents only when filed in connection with a non-dispositive motion. 447 F.3d at 1179-1180. Plaintiff seeks to seal documents in connection with a dispositive motion -- a motion for summary judgment. For this, Kamakana makes clear that Plaintiff must satisfy the compelling reasons test, and that the test is not satisfied merely by the previous entry of a protective order. Id. Although Plaintiff asserts that the documents to be sealed include trade secrets, it provides the Court with nothing to support that assertion and certainly does not enable the Court to "base its decision on a compelling reason and articulate the factual basis for its ruling, without relying on hypothesis or conjecture." Kamakana, 447 F.3d at 1179. Plaintiff's motion is denied one final time without prejudice to Plaintiff making the showing required by the compelling reasons test. Signed by Judge David G Campbell on 4-9-08. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC) (Entered: April 9, 2008)
April 23, 2008 54 RESPONSE to Motion re 45 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Genetski, Christian) (Entered: April 23, 2008)
April 23, 2008 55 RESPONSE 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, ). (Entered: April 23, 2008)
April 24, 2008 56 Third SEALED MOTION to Seal Document re Exhibits B & I of Plaintiffs' Motion for Summary Judgment by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit Exhibit A - Affidavit of Greg Ashe)(Venable, Lance) (Entered: April 24, 2008)
April 24, 2008 57 RESPONSE 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) (Entered: April 24, 2008)
April 24, 2008 58 STATEMENT 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). (Entered: April 24, 2008)
April 30, 2008 59 SEALED MOTION to Seal Document re Exhibits A and W of Plaintiff's and Third-Party Defendant's Response to the Defendants' Motion for Summary Judgment by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Text of Proposed Order Proposed order granting the plaintiffs' motion to files documents under seal)(Venable, Lance) (Entered: April 30, 2008)
April 30, 2008 60 SEALED LODGED Proposed Exhibit A to Plaintiff's and Third-Party Defendant's Response to Defendants' Motion for Summary Judgment re: 59 SEALED MOTION to Seal Document re Exhibits A and W of Plaintiff's and Third-Party Defendant's Response to the Defendants' Motion for Summary Judgment. Document to be filed by Clerk if Motion to Seal is granted. Filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) (Entered: April 30, 2008)
April 30, 2008 61 SEALED LODGED Proposed Exhibit W to the Plaintiff's and Third-Party Defendant's Response to the Defendants' Motion for Summary Judgment re: 59 SEALED MOTION to Seal Document re Exhibits A and W of Plaintiff's and Third-Party Defendant's Response to the Defendants' Motion for Summary Judgment. Document to be filed by Clerk if Motion to Seal is granted. Filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) (Entered: April 30, 2008)
May 2, 2008 62 NOTICE of Appearance by Connie Jo Mableson on behalf of Public Knowledge (Mableson, Connie) (Entered: May 2, 2008)
May 2, 2008 63 MOTION 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, ). (Entered: May 2, 2008)
May 5, 2008 64 NOTICE 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, ) (Entered: May 5, 2008)
May 5, 2008 65 LODGED 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, ). (Entered: May 5, 2008)
May 6, 2008 66 NOTICE 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, ) (Entered: 05/06/2008)
May 6, 2008 67 LODGED 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, ). (Entered: May 6, 2008)
May 9, 2008 68 MOTION 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) (Entered: May 9, 2008)
May 12, 2008 69 REPLY in Support re 45 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) (Entered: May 12, 2008)
May 12, 2008 70 REPLY 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) (Entered: May 12, 2008)
May 12, 2008 71 Reply 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, ). (Entered: May 12, 2008)
May 20, 2008 72 ORDER granting 68 Motion for Leave to File Excess Pages. Signed by Judge David G Campbell on 5/20/2008.(NVJ) (Entered: May 20, 2008)
May 27, 2008 73 Minute Order: Oral Argument is set as to 45 MOTION for Summary Judgment and Memorandum of Points and Authorities, 39 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support :. Motion Hearing set for 6/26/2008 at 03:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NVJ) (Entered: May 27, 2008)
May 30, 2008 74 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, ) (Entered: 05/30/2008)
May 30, 2008 75 AMICUS CURIAE BRIEF in Support of Neither Party, re: 45 , 39 MOTIONS for Summary Judgment by Amicus Public Knowledge filed by Public Knowledge. (REW, ) (Entered: May 30, 2008)
June 10, 2008 76 ORDER re additional briefing re amicus curiae brief by Public Knowledge. Signed by Judge David G Campbell on 6/10/2008. (NVJ) (Entered: June 10, 2008)
June 20, 2008 77 RESPONSE 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) (Entered: June 20, 2008)
June 26, 2008 78 Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Joseph Meaney and Lance Venable for pla; Christian Genetski and Shane McGee for dfts. Motion Hearing held on 6/26/2008 re 45 MOTION for Summary Judgment and Memorandum of Points and Authorities filed by MDY Industries, LLC, Michael Donnelly, and 39 MOTION for Summary Judgment and Memorandum of Points and Authorities in Support filed by Vivendi Games, Inc., Blizzard Entertainment, Inc. IT IS ORDERED taking the matters under advisement. (Court Reporter Elizabeth Lemke.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, ) (Entered: June 27, 2008)
July 2, 2008 79 SEALED ORDER granting 56 Motion; granting 59 Motion. Signed by Judge David G Campbell on 7/1/08.(MAP) (Entered: July 2, 2008)
July 2, 2008 80 SEALED EXHIBITS re 45 filed by MDY Industries, LLC, Michael Donnelly. (Attachments: #(1) Exhibit I)(MAP) (Entered: July 2, 2008)
July 2, 2008 81 SEALED EXHIBITS re 57 filed by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit W)(MAP) (Entered: July 2, 2008)
Docket Report Last Checked: July 3, 2008 16:25:21 PDT
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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