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| Date Filed | # | Document Text |
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| November 19, 2004 | 3 | NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(rrey, ) |
| November 23, 2004 | 4 | MINUTES IN CHAMBERS: Counsel are notified that the action has beenrecently assigned to this Court. The correct number forthis case is now CV04-9484-NM(CWx). All subsequentdocuments filed with the court must reflect this casenumber. All documents must be in Times Roman 14 font,pursuant to Local Rule 11-3.1.1. Counsel are encouraged toreview the Central District's website for additionalinformation. The address is "http://www.cacd.uscourts.gov".by Judge Nora M. ManellaCourt Reporter: None Appearing. (pj, ) |
| November 23, 2004 | 5 |  STANDING ORDER: This controls this case and differs in somerespects from the local rules by Judge Nora M. Manella,(pj, ) |
| February 17, 2005 | 11 | MINUTES IN CHAMBERS: Counsel are notified that a Scheduling Conference set for 3/28/2005 09:00 AM. Counsel joint Status Report filed no later than 3/7/2005 by Judge Nora M. Manella.Court Reporter: None Appearing. (pj, ) |
| March 28, 2005 | 15 | MINUTES Scheduling Conference by Judge Nora M. Manella: Court sets the following schedule: Deadline for filing Settlement Selection: 4/4/05; Discovery Cutoff, Fact: 2/24/06, Expert: 5/26/06; Motions due by 6/26/2006. Jury Trial set for 12/12/2006 08:30 AM before Honorable Nora M. Manella. Pretrial Conference set for 10/30/2006 10:00 AM before Honorable Nora M. Manella. (See document for further information)Court Reporter: Not Applicable. (dw, ) |
| March 29, 2005 | 16 | ORDER/REFERRAL TO ADR PILOT PROGRAM by Judge Nora M. Manella: ordered to a private mediator based upon a stipulation of the parties to be filed no later than 4/4/05. (dw, ) |
| March 29, 2005 | 17 | ORDER RE CIVIL TRIAL by Judge Nora M. Manella: Court has ordered the dates as indicated above and described as follows: Discovery cut-off 5/26/2006. Motions due by 6/26/2006. Jury Trial set for 12/12/2006 08:30 AM before Honorable Nora M. Manella. Pretrial Conference set for 10/30/2006 10:00 AM before Honorable Nora M. Manella. (See document for further information(dw, ) |
| April 5, 2005 | 18 | SETTLEMENT PROCEDURE SELECTION NOTICE REQUEST AND ORDER by Judge Nora M. Manella: IT IS SO ORDERED, the above request is approved: Settlement Procedure No. 3 - The parties shall appear before a retired judicial officer or other private or non-profit dispute resolution body(dw, ) |
| August 24, 2005 | 20 | ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: CV 02-7624 AHM (SHx). Case transfered from Judge Nora M. Manella and Carla Woehrle to Judge A. Howard Matz and Stephen J. Hillman for all further proceedings. The case number will now reflect the initials of the transferee Judge CV 04-9484 AHM (SHx).Signed by Judge A. Howard Matz (rn, ) |
| August 26, 2005 | 21 | INITIAL ORDER Following Filing of Complaint Assigned to Judge Matz by Judge A. Howard Matz: This case has been assigned to the calendar of Judge A. Howard Matz. Counsel for Plaintiff shall serve this order on all defendants and/or their counsel along with the summons and complaint or if that is not practicable as soon as possible thereafter. (See document for further information)(dw, ) |
| August 30, 2005 | 31 | MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : The Court hereby orders Defendant Google, Inc. (Google) to obtain a copy of Amazon.com's Motion To Stay Action Until Conclusion Of First Filed Related Action Or Alternatively For Consolidation, filed by Amazon.com on 8/25/05, in Perfect 10, Inc. v. Amazon.com, Inc., et al., CV 05-4753. The Court further orders Google to file, by not later than 9/7/05, a statement not to exceed five pages regarding Google's position on consolidation with that case. Google shall serve copies on both Amazon.com and Perfect 10.Court Reporter: Not Reported. (smo, ) |
| September 2, 2005 | 32 | STIPULATION AND ORDER FOR CONTINUANCE OF HEARING AND FOR BRIEFING SCHEDULE ON PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION by Judge A. Howard Matz : Defendant shall file and personally serve its brief in opposition to the motion on 9/26/05. Plaintiff shall file and serve by overnight courier its reply brief in support of the motion on 10/17/05. Hearing on MOTION for Preliminary Injunction [22] is continued to 10/31/2005 at 10:00 a.m.(smo, ) |
| September 19, 2005 | 34 | MINUTES OF Motion Hearing held before Judge A. Howard Matz: Court GRANTS IN PART AND DENIES IN PART the above Motion (Motion to Stay Action or Alternatively for Consolidation filed 8/25/05) filed in CV05-4753 AHM. Court specifically denies the request to stay action and grants the request to consolidate CV05-4753 AHM (SHx) with CV04-9484 AHM. Court continues plaintiff's motion for preliminary injunction in CV04-09484 AHM (SHx) to 11/7/05 at 10:00am to be heard with plaintiff's 11/7/05 motion for preliminary injunction in CV05-4753 AHM (SHx). Court also sets a further consolidated scheduling conference for 11/21/05 at 1:30pm. RE: MOTION for Preliminary Injunction[22], Resetting Hearing as to MOTION for Preliminary Injunction[22] Court Reporter: Leslie A. King. (dw, ) |
| September 20, 2005 | 35 | ORDER Setting Further Consolidated Rule 26(f) Scheduling Conference by Judge A. Howard Matz: This case has been assigned to Judge A. Howard Matz. Scheduling Conference set for 11/21/2005 01:30 PM before Honorable A. Howard Matz. (See document for further information)(dw, ) |
| September 28, 2005 | 38 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Notice of Moiton to Strike Declaration of Norman Zada submitted by Defendant Google Inc received on 9/28/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dw, ) |
| September 28, 2005 | 41 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Defendants' Motion to Strike Declaration, Declaration of Norman Zada submitted by Defendant Google Inc received on 9/26/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dw, ) |
| October 13, 2005 | 48 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz: Ordering Motion of Amicus Curiae For Leave to File Amicus Curiae Brie; Declaration of Jason Chulty In Support of Service; Brif Amicus Curiae filed by (Filer not specified) to be rejected and not filed and is ORDERED returned to Counsel. Reason for rejection: Local Rule 6.1 Written notice of motion lacking or timeliness of notice incorrect; Other: Court requires 14 Point Font Size(dw, ) |
| October 14, 2005 | 49 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz: Ordering the Notice of Moiton of Electronic Frontier Foundation For Leave to File Amicus Curiae; Motion for Leave to File Brief Amicus Curiae; Declaration of Jason M Schultz in Support; Proposed Order Brief Amicus Curiae; Proof of received 10/13/05 is to be filed and processed. Filing date is ORDERED to be the date the doucment was stamped received but not filed with the Clerk. processed. (dw, ) |
| October 17, 2005 | 55 | MINUTES OF Motion Hearing held before Judge Stephen J. Hillman : Telephonic argument held. Motion for Protective Order is DENIED. However plaintiff's counsel is expected to be as prepared as possible for discovery meet and confer sessions, so that Dr. Zada's participation is kept to a minimum.Tape #: 05-38. (sbu, ) |
| November 7, 2005 | 74 | MINUTES OF Motion Hearing held before Judge A. Howard Matz : Court issues draft outline and questions counsel. For reasons stated on the record, the Court GRANTS Electronic Frontier Foundation's Motion for Leave to File Amicus Curiae and DENIES Defendant's Motion to Strike the Declaration of Norman Zada. Court also GRANTS the request for judicial notice and DENIES the Ex Parte Application to File a Sur-Reply. The proposed Sur-Reply will be stamped "PLACED IN FILE NOT USED." Court takes UNDER SUBMISSION both of Plaintiff's Motions for Preliminary Injunction.Court Reporter: Leslie A. King. (smo, ) |
| November 8, 2005 | 83 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING 1) Proposed Sur-Reply Declaration of Alexander MacGillivray ; 2) Proof of Service by E Mail 3) Proof of Service by Hand delivery submitted by Defendant Google Inc received on 11/7/05 to be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(dw, ) |
| November 17, 2005 | 86 | MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : On the Court's own motion, the Court hereby continues the Further Consolidated Scheduling Conference 35 from 11/21/05 to 12/12/05 at 1:30 p.m. Rule 26 Meeting Report due by 12/5/2005. Court Reporter: Not Reported. (smo, ) |
| November 29, 2005 | 92 | MINUTES OF (In Chambers) by Judge A. Howard Matz: On the Court's own motion the Court hereby continues the Further Consolidated Scheduling Conference to 1/10/2006 01:30 PM.Court Reporter: Not Reported. (dw, ) |
| December 27, 2005 | 93 | MINUTES OF Motion Hearing held before Judge Stephen J. Hillman : Following oral argument on 12-21-05, the court now rules on Google's Motion for entry of Protective Order. Defendant Amzon hhas joinded in defendant Google's Motion papers, and oral argument, though Amazon has not filed otion papers on its own. Accordingly, the court enters plaintiff's Proposed Protective Order.Tape #: 05-51. (sbu, ) |
| December 27, 2005 | 94 | PROTECTIVE ORDER by Judge Stephen J. Hillman: IT IS SO ORDERED. (See Document for further information)(dw, ) |
| January 5, 2006 | 95 | MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : On the Court's own motion, the Court hereby vacates the 1/10/06 Further Consolidated Scheduling Conference. The Court will reset the scheduling conference after it rules on the pending preliminary injunction motions.Court Reporter: Not Reported. (smo, ) |
| January 27, 2006 | 104 | MINUTES OF IN CHAMBERS ORDER by Judge Stephen J. Hillman :, Resetting Hearing as to MOTION to Compel[96], MOTION for Order for Compel Defendant Google Inc to Answer Interrogatories[100] Motion set for hearing on 2/21/2006 and 2/22/2006 at 09:30 AM before Magistrate Judge Stephen J. Hillman.Court Reporter: none present. (sbu, ) |
| February 17, 2006 | 119 | ORDER Granting in Part and Denying In Part Perfect 10's Motion for Preliminary Injunction Against Google by Judge A. Howard Matz: Court GRANTS IN PART and DENIES IN PART Perfect 10's motion for a preliminary injunction aginst Google. re MOTION for Preliminary Injunction [22] (dw, ) |
| February 21, 2006 | 120 | MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz: Court DENIES Perfect 10's motion for preliminary injunction against Amazon. RE: MOTION for Preliminary Injunction [22] Court Reporter: N/A. (dw, ) |
| February 24, 2006 | 121 | ORDER SETTING FURTHER RULE 26(f) SCHEDULING CONFERENCE by Judge A. Howard Matz: The conference will be held pursuant to Fed.R.Civ.P. 16(b). The parties are reminded of their obligations under Fed.R.Civ.P. 26(a)(1) to disclose information (without awaiting a discovery request) and under R. 26(f) to confer on a discovery plan not later than twenty-one (21) days prior to the scheduling conference and to file a report with the Court entitled "Further Joint Rule 26(f) Report" not later than fourteen (14) days after they confer. Further Joint Rule 26 Report due by 3/27/06. Further Scheduling Conference set for 4/3/06 at 1:30 p.m. before Judge A. Howard Matz.(smo, ) |
| March 20, 2006 | 123 | PRELIMINARY INJUNCTION NOTICE OF APPEAL AND REPRESENTATION STATEMENT to 9th CCA filed by plaintiff Perfect 10 Inc. Appeal of Order, 119 Filed On: 2/17/06; Entered On: 2/21/06; Filing fee $255, Paid receipt number 83391. cc: Jeffrey N. Mausner; Mitchell, Silberberg and Knupp; Daniel J. Cooper; Winston and Strawn, San Fransisco, California; Winston and Strawn, Los Angeles, Califronia; Townsend and Townsend and Crew. (ghap, ) Modified on 3/21/2006 (ghap, ). |
| March 22, 2006 | 129 | ORDER Granting Application to File Exhibits to the Declaration of Heraldo Botelho In Support of Memorandum in Support of Google's Proposed Form of Preliminary Injunction Pursuant to 2/21/06 Order Under Seal by Judge A. Howard Matz: GRANTED. re APPLICATION to Seal[124] (dw, ) |
| March 22, 2006 | 131 | PRELIMINARY INJUNCTION NOTICE OF CROSS-APPEAL/Representation Statement to 9th CCA filed by defendant Google Inc. Appeal of Order 119 Filed On: 02/17/06; Entered On: 02/21/06. Filing fee $255, Paid, receipt number 83451. cc: Andrew P. Bridges; Russell J. Frackman; Jeffrey N. Mausner; Daniel J. Cooper; Anthony J. Malutta. (cbr, ) Modified on 3/24/2006 (cbr, ). |
| March 22, 2006 | 132 | TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/7/05; Court Reporter: Leslie A. King; Re: Appeal to Circuit Court, 123. (ghap, ) |
| March 27, 2006 | 133 | ORDER Granting Application to File Declarations of Radhika Malpani and Jessie Jiang and Portions of Goodle Inc's Response to Plaintiff's Brief Re Form of Preliminary Injunction Under Seal by Judge A Howard Matz: GRANTED. (dw, ) Modified on 3/28/2006 (dw, ). |
| March 27, 2006 | 145 | TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/7/05; Preliminary Hearing; Court Reporter: Leslie King; Re: Appeal to Circuit Court, 131. (ghap, ) |
| March 30, 2006 | 146 | MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : On the Court's own motion, the Court hereby continues the Further Consolidated Scheduling Conference 121 from 4/3/06 to 4/17/06 at 1:30 p.m. Court Reporter: Not Reported. (smo, ) |
| March 30, 2006 | 147 | NOTIFICATION by Circuit Court of Appellate Docket Number 06-55406, 9th CCA regarding Appeal to Circuit Court, 123 filed by Perfect 10 Inc. (ghap, ) |
| April 6, 2006 | 148 | CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 123 filed by Perfect 10 Inc, ; Court of Appeals Case Number: 06-55406. (ghap, ) |
| April 7, 2006 | 149 | NOTIFICATION by Circuit Court of Appellate Docket Number 06-55425, 9th CCA regarding Appeal to Circuit Court, 131 filed by Google Inc. (cbr, ) |
| April 11, 2006 | 152 | JOINT STIPULATION For Stay of Proceedings Regarding Amazon.Com and A9.Com Only Pending Ruling By Court of Appeals and ORDER by Judge A. Howard Matz: Pursuant to the Stipulation of the parties and finding good cause therefore the Court hereby ORDERS: Discovery, motions, and all other proceedings in the above-entitled consolidated action against Amazon.com and A9.com only (Case 05-4753) shall be stayed until either i) the 9th Circuit issues a decision on Plaintiff's pending appeal from the Court's 2/22/06 order denying Plaintiff's preliminary injunction motion against defendants Amazon.com or ii) a period of 10 months from the date that Plaintiff files it opening brief on appeal whichever comes first. (See document for further information)(dw, ) |
| April 18, 2006 | 157 | CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 131 filed by Google Inc, ; Court of Appeals Case Number: 06-55425. (ghap, ) |
| April 17, 2006 | 158 | MINUTES OF Scheduling Conference held before Judge A. Howard Matz: Court issues tentative Preliminary Injunction Order and questions counsel. The parties are to submit via email a red-lined version of the proposed preliminary injunction order. The parties are also advised of the possible retention of a court-appointed special advisor. Court orders the parties to meet and confer regarding a possible stay of discovery and to notify the Court of the outcome of their discussions. As a result of the pending appellate briefing schedule, the Court declines to set any pretrial and trial dates at this time.Court Reporter: Leslie A. King. (smo, ) |
| May 8, 2006 | 161 | PRELIMINARY INJUNCTION ORDER by Judge A. Howard Matz: THE COURT THEREFORE ORDERS AND DECREES AS FOLLOWS: 1) Google is preliminarily enjoined from engaging in the infringing conduct described in the Initial Order. (See document for further information)(dw, ) |
| May 22, 2006 | 163 | ORDER by Judge Stephen J. Hillman, re MOTION for Order for Compel Defendant Google Inc to Answer Interrogatories[100] (sbu, ) |
| May 19, 2006 | 164 | ORDER by Judge Stephen J. Hillman, re MOTION to Compel Answers to Interrogatories of Plaintiff MOTION to Compel[109] (sbu, ) |
| May 23, 2006 | 165 | MINUTES OF IN CHAMBERS ORDER held before Judge Stephen J. Hillman : Plaintiff has previously indicated that it will not be filing a Motion to Stay Discovery. If Google intends to do so in the near future,it shall advise the court no later than June 1, 2006. If Google does not file a Motion to stay discovery in the near future, the court will proceed with the discovery matter which have previously been taken under submission.Court Reporter: none present. (sbu, ) |
| May 22, 2006 | 168 | NOTICE OF APPEAL to 9th CCA filed by plaintiff Perfect 10 Inc. Appeal of Preliminary Injunction, 161 Filed On: 5/8/06; Entered On: 5/9/06; Filing fee $ 455 paid. cc: Jeffrey N. Mausner; Andrew P. Bridges; Mark T. Jansen (dmap, ) |
| June 6, 2006 | 169 | NOTIFICATION by Circuit Court of Appellate Docket Number 06-55759, 9th CCA regarding Appeal to Circuit Court168 filed by Perfect 10 Inc,. (dmap, ) |
| June 8, 2006 | 170 | ORDER by Judge A. Howard Matz: Google's Ex Parte Application for an Order Modifying the Preliminary Injunction Order Entered 5/9/06 is DENIED. (smo, ) |
| May 23, 2006 | 175 | TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 4/17/06; Court Reporter: Leslie A. King; Court of Appeals Case Number: 06-55406; Re: Appeal to Circuit Court, 123 (ghap, ) |
| June 5, 2006 | 179 | ORDER by Judge A. Howard Matz granting defendant Googles APPLICATION for Leave to File portion of ex parte to modify preliminary injunction order and declaration of Radhika Malpani under seal[177] (lc, ) |
| June 7, 2006 | 183 | PRELIMINARY INJUNCTION NOTICE OF APPEAL AND REPRESENTATION STATEMENT to 9th CCA filed by defendant Google Inc. Appeal of Preliminary Injunction, 161 Filed On: 5/08/06; Entered On: 5/09/06; Filing fee $455; Paid; receipt number 85850. cc: Andrew P. Bridges; Russell J. Frackman, Jeffrey N. Mausner, Daneil J. Cooper, Anthony J. Malutta (lr, ) |
| June 15, 2006 | 187 | MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: The Court GRANTS a temporary stay to permit Goodle to apply to the Ninth Circuit for a stay of the preliminary injunction. Stay shall remain in effect until 6/23/06. (See document for further information) RE: EX PARTE APPLICATION to Stay pending Preliminary Injunction[185] Court Reporter: N/A. (dw, ) |
| June 15, 2006 | 192 | PRELIMINARY INJUNCTION NOTICE OF APPEAL AND REPRESENTATION STATEMENT to 9th CCA filed by defendant Google Inc. Appeal of Order170 Filed On: 6/08/06; Entered On: 06/08/06; Filing fee $455; Paid; receipt number 86116. cc: Andrew P. Bridges; Russell J. Frackman, Jeffrey N. Mausner, Daniel J. Cooper (lr, ) |
| July 10, 2006 | 206 | NOTIFICATION by Circuit Court of Appellate Docket Number: 06-55877, 9th CCA regarding Appeal to Circuit Court, 192 filed by Google Inc. (lr, ) |
| July 13, 2006 | 207 | NOTIFICATION by Circuit Court of Appellate Docket Number: 06-55854, 9th CCA regarding Appeal to Circuit Court, 183 filed by Google Inc,. (lr, ) |
| July 24, 2006 | 208 | MINUTES OF Motion Hearing held before Judge A. Howard Matz : Court questions counsel, issues tentative ruling denying the above motion, and hears oral argument. For reasons and findings stated on the record, the Court DENIES the MOTION to Stay pending Discovery [180]. Court instructs counsel to file a proposed briefing schedule for upcoming discovery motions to be noticed before Magistrate Judge Stephen J. Hillman. Court Reporter: Leslie A, King. (smo, ) |
| August 16, 2006 | 214 | MINUTES OF IN CHAMBERS ORDER held before Judge Stephen J. Hillman :, Set Hearings: Telephonic Status Conference set for 8/29/2006 10:00 AM before Magistrate Judge Stephen J. Hillman.Court Reporter: none present. (sbu, ) |
| July 11, 2007 | 223 | NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz: Defendant Amazon.com's Notice of Motion for Judgment on the Pleadings as to the Fourth received on the Fourth Claim, received on 7/11/07, is to be filed and processed. The filing date is Ordered to be the date the document was stamped received but not filed with the Clerk. (mg) |
| July 23, 2007 | 226 | MINUTES of Motion Hearing held before Judge A. Howard Matz: Proceedings: 1) Defendants Google Inc's MOTION for Judgment on the Pleadings [221]; 2) Amazon.com Inc's and A9.com Inc's Motion for Judgment on the Pleadings. Court issues tentative order without oral argument. For reasons and findings stated on the record, the Court GRANTS the above motions with prejudice. Order to issue. Court Reporter: Cindy Nirenberg.(mg) |
| July 23, 2007 | 227 | MINUTES (IN CHAMBERS ORDER) held before Judge A. Howard Matz: As in both IMS and Egilman, neither of the pleadings at issue here contains any allegation that the defendants accessed or provided access to Perfect 10's website by avoiding or bypassing technological measures designed to protect copyrighted work. As stated in IMS, "a cause of action under the DMCA does not accrue upon unauthorized and injurious access alone; rather, the DMCA `targets the circumvention of digital walls guarding copyrighted material.'"" IMS, 307 F.Supp.2d at 532 (emphasis in original). Thus, the conduct alleged in both pleadings fails to state a claim constituting "circumvention" under the DMCA. As a result, the Court GRANTS both Google's [221] and Amazon's motion. Instead of entering judgment on the pleadings, which invites procedural confusion, the Court dismisses the fourth causes of action with prejudice. (mg) |
