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.
The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
|---|
| October 25, 2006 | 1 | COMPLAINT, filed by MDY Industries, LLC.(Meaney, Joseph) |
| 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) |
| October 26, 2006 | 4 | Summons Issued as to Blizzard Entertainment, Inc. and Vivendi, SA. (Attachments: # 1 Vivendi)(entered by HIH) |
| December 1, 2006 | 5 | AMENDED COMPLAINT against Vivendi Games, Inc., Blizzard Entertainment, Inc. ; Party Vivendi, SA terminated, filed by MDY Industries, LLC.(Venable, Lance) |
| December 11, 2006 | 6 | Summons Issued as to Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # 1 Vivendi Games)(ESL) |
| 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) |
| 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) |
| 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) |
| 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) |
| February 21, 2007 | 12 | Summons Issued as to Michael Donnelly. (PEM) |
| March 15, 2007 | 13 | ANSWER to Counterclaim, ANSWER to Third Party Complaint by MDY Industries, LLC, Michael Donnelly.(Venable, Lance) |
| 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, ) |
| 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) |
| April 3, 2007 | 17 | Notice re Initial Disclosure by MDY Industries, LLC, Michael Donnelly (Venable, Lance) |
| April 3, 2007 | 18 | Notice re Initial Disclosures by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian) |
| 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, ) |
| May 8, 2007 | 21 | Notice re service of document requests and interrogatories by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian) |
| 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, ) |
| 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, ) |
| June 22, 2007 | 25 | Corporate Disclosure Statement by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Davidoff, Samuel) |
| July 13, 2007 | 26 | STIPULATION for Protective Order by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) |
| July 18, 2007 | 27 | Stipulated PROTECTIVE ORDER. Signed by Judge David G Campbell on 7/18/07. (NVJ) |
| 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) |
| December 13, 2007 | 29 | MOTION to Withdraw as Attorney by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Davidoff, Samuel) |
| 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) |
| 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) |
| 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, ) |
| 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) |
| 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) |
| 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) |
| March 18, 2008 | 36 | NOTICE of Appearance by Shaun M Klein on behalf of Vivendi Games, Inc., Blizzard Entertainment, Inc. (Klein, Shaun) |
| 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, ). |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| March 21, 2008 | 45 | MOTION for Summary Judgment and Memorandum of Points and Authorities by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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, ). |
| 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) |
| 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). |
| May 2, 2008 | 62 | NOTICE of Appearance by Connie Jo Mableson on behalf of Public Knowledge (Mableson, Connie) |
| 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, ). |
| 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, ) |
| 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, ). |
| 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, ) |
| 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, ). |
| 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) |
| 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) |
| 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) |
| 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, ). |
| 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) |
| 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, ) |
| 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, ) |
| 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) |
| 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) |
| July 2, 2008 | 81 | SEALED EXHIBITS re 57 filed by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit W)(MAP) |
| July 14, 2008 | 82 | 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, 2008 | 83 | 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, 2008 | 84 | MOTION 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, 2008 | 85 | RESPONSE 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, 2008 | 86 | REPLY 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, 2008 | 87 | ORDER re proposed final pretrial order due 9/10/2008. Signed by Judge David G Campbell on 9/2/2008. (NVJ) |
| September 10, 2008 | 88 | Proposed Findings of Fact by MDY Industries, LLC, Blizzard Entertainment, Inc., Michael Donnelly. (Venable, Lance) |
| September 10, 2008 | 89 | Exhibit List by Vivendi Games, Inc., Blizzard Entertainment, Inc... (Venable, Lance) |
| September 10, 2008 | 90 | Exhibit List by MDY Industries, LLC, Michael Donnelly.. (Venable, Lance) |
| September 18, 2008 | 91 | ORDER denying without prejudice 84 Motion for Permanent Injunction. Signed by Judge David G Campbell on 9/18/2008.(NVJ) |
| September 25, 2008 | 92 | LODGED 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, 2008 | 94 | STIPULATION as to damages by MDY Industries, LLC, Michael Donnelly. (Attachments: # 1 Exhibit Exhibit A - Order and Stipulated Judgment)(Venable, Lance) |
| September 29, 2008 | 95 | 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, 2008 | 96 | 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, 2008 | 97 | Proposed Findings of Fact by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) |
| November 3, 2008 | 98 | MOTION to Intervene as Plaintiffs, MOTION for Reconsideration En Banc and Clarification, MOTION for Amicus Brief by Jonathan Lee Riches. (TLJ) |
| November 24, 2008 | 99 | ORDER denying Jonathan Riches' 98 Motion to Intervene. Signed by Judge David G Campbell on 11/21/08.(REW, ) |
| January 8, 2009 | 100 | Minute 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, 2009 | 101 | AMENDED 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, 2009 | 102 | Minute 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, 2009 | 103 | Witness List by MDY Industries, LLC. (TLJ) |
| January 9, 2009 | 104 | Witness List by Blizzard Entertainment, Inc., et al.(TLJ) |
| January 9, 2009 | 105 | Exhibit List by MDY Industries, LLC.. (TLJ) |
| January 9, 2009 | 106 | Exhibit List by Blizzard Entertainment, Inc., et al.(TLJ) |
| January 28, 2009 | 108 | ORDER re bench trial. Signed by Judge David G Campbell on 1/28/2009. (NVO) |
| February 13, 2009 | 109 | MEMORANDUM 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, 2009 | 110 | LODGED 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, 2009 | 111 | MEMORANDUM 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, 2009 | 112 | STIPULATION as to Damages by Blizzard Entertainment, Inc.. (Attachments: # 1 Text of Proposed Order Order and Stipulated Judgment)(Genetski, Christian) |
| February 24, 2009 | 113 | MOTION for Judgment Damages on DMCA by Blizzard Entertainment, Inc.. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order)(Genetski, Christian) |
| March 3, 2009 | 114 | 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, 2009 | 115 | RESPONSE to Motion re 113 MOTION for Judgment Damages on DMCA filed by Michael Donnelly, MDY Industries, LLC. (Meaney, Joseph) |
| March 10, 2009 | 116 | 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, 2009 | 117 | REPLY 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, 2009 | 118 | MOTION for Reconsideration re the Court's March 10, 2009 Order by MDY Industries, LLC, Michael Donnelly. (Venable, Lance) |
| March 24, 2009 | 119 | MOTION 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, 2009 | 120 | 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, 2009 | 121 | NOTICE 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, 2009 | 122 | 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, 2009 | 123 | JUDGMENT: 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, 2009 | 124 | APPEAL 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, 2009 | 125 | Ninth Circuit Case Number 09-15649 for 121 Notice of Appeal,. (ESL, ) |
| April 8, 2009 | 126 | Mail 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, 2009 | 127 | TRANSCRIPT 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, 2009 | 128 | NOTICE 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, 2009 | 129 | APPEAL 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, 2009 | 130 | Ninth Circuit Court of Appeals Case Number 09-15932 for 128 Notice of Appeal. (LAD) |
| May 12, 2009 | 131 | MANDATE 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, 2009 | 132 | MOTION 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, 2009 | 133 | Additional 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, 2009 | 134 | NOTICE 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, 2009 | 135 | APPEAL 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, 2009 | 137 | TRANSCRIPT 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, 2009 | 138 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT 137 (BAS, ) |
| May 21, 2009 | 139 | TRANSCRIPT 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, 2009 | 140 | TRANSCRIPT 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, 2009 | 141 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT 139 and 140 (BAS, ) |
| June 1, 2009 | 142 | RESPONSE 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, 2009 | 143 | REPLY 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, 2009 | 144 | TRANSCRIPT 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, 2009 | 145 | TRANSCRIPT 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, 2009 | 146 | CERTIFICATE OF RECORD TRANSMITTED TO 9TH CIRCUIT COURT OF APPEALS re 134 Notice of Cross Appeal. (LAD) |
| July 16, 2009 | 147 | ORDER denying 132 Motion to Compel. Signed by Judge David G Campbell on 7/16/2009.(NVO) |
| July 31, 2009 | 148 | Ninth Circuit Case Number 09-16044 for 134 Notice of Cross Appeal. (LSP) |
