Date Filed
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#
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Docket Text
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| June 29, 2005 |
1
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COMPLAINT against defendants Amazon Inc, A9.com Inc. (Filing fee $250) Jury Demand. filed by plaintiff Perfect 10 Inc.(jag, ) (Entered: July 7, 2005)
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| June 29, 2005 |
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FAX number for Attorney Russell J Frackman, Jeffrey D Goldman is 310-312-3100. (jag, ) (Entered: July 7, 2005)
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| June 29, 2005 |
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FAX number for Attorney Jeffrey N Mausner is 310-473-8303. (jag, ) (Entered: July 7, 2005)
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| June 29, 2005 |
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FAX number for Attorney Daniel J Cooper is 310-205-9638. (jag, ) (Entered: July 7, 2005)
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| June 29, 2005 |
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20-Day Summons Issued re Complaint - (Discovery)[1] as to Amazon Inc, A9.com Inc. (jag, ) (Entered: July 7, 2005)
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| June 29, 2005 |
2
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CERTIFICATE of Interested Parties filed by Plaintiff Perfect 10 Inc. (jag, ) (Entered: July 7, 2005)
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| June 29, 2005 |
3
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NOTICE TO PARTIES OF ADR PILOT PROGRAM filed.(jag, ) (Entered: July 7, 2005)
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| June 29, 2005 |
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REPORT ON THE FILING OF AN ACTION REGARDING COPYRIGHT (cc: form mailed to Washington, D.C.) (Opening) (jag, ) (Entered: July 7, 2005)
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| July 1, 2005 |
4
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MINUTES: IN CHAMBERS; Counsel are notified that the above entitled action has been recently assigned to this Court. Correct number for this case is now CV05-4753 NM (RZx). All subsequent
documents filed with the Court must reflect this case number. All documents must be in Times Roman 14 font. Judge Manella is located in Courtroom 11, Spring Street Level, 312 North Spring
Street, Los Angeles, CA. A copy of this Courts Standing Order is enclosed. Counsel are encouraged to review the Central District website for additional information. The address is
"http://www.cacd.uscourts.gov" by Judge Nora M. Manella Court Reporter: N/A. (ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
5
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STANDING ORDER by Judge Nora M. Manella: READ THIS ORDER CAREFULLY. IT CONTROLS THIS CASE AND DIFFERS IN SOME RESPECT FROM THE LOCAL RULES. Both the Court and attorneys bear responsibility
for the progress of litigation in the Federal Courts. This order applies to all parties including those appearing in pro se. To secure the just, speeding and inexpensive determination of
every action, all counsel are ordered to familiarize themselves with the Federal Rules of Civil Procedures and the Local Rules of the Central District of California (See document for
further details).(ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
6
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NOTICE OF MOTION AND MOTION for Preliminary Injunction filed by Plaintiff Perfect 10 Inc. Motion set for hearing on 11/7/2005 at 10:00 AM before Honorable Nora M. Manella.; Memorandum of
Points and Authorities Lodged Proposed Order. (ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
7
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REQUEST FOR JUDICIAL NOTICE in support of Motion for Preliminary Injunction[6] filed by Plaintiff Perfect 10 Inc.; Declaration of Russell J Frackman (ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
8
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DECLARATION of Norman Zada in support of Plaintiffs Motion for Preliminary Injunction [6] filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
9
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EXHIBITS (Volume I, Exhibits 1-25) to Declaration of Norman Zada in support of its Motion for Preliminary Injunction [6]. filed by Plaintiff Perfect 10 Inc. as to (ir, ) (Entered:
07/07/2005)
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| July 1, 2005 |
10
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EXHIBITS (Volume II, Exhibits 26-58) to Declaration of Norman Zada in support of its Motion for Preliminary Injunction [6] filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
11
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DECLARATION of Dave Moreau in support of its Motion for Preliminary Injunction[6] filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
12
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DECLARATION of Patrick Swart in support of its Motion for Preliminary Injunction [6] filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered: July 7, 2005)
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| July 1, 2005 |
13
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PROOF OF SERVICE filed by Plaintiff Perfect 10 Inc of Motion for Preliminary Injunction [6],Request for Judicial Notice [7], Declaration [8], Exhibit [9], Exhibit [10], Declaration [11],
Declaration [12] was served on 7/1/05. (ir, ) (Entered: July 7, 2005)
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| July 5, 2005 |
14
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MINUTES: IN CHAMBERS; Court sets the following briefing schedule for Plaintiffs motion for preliminary injunction: opposition to be filed no later than 7/22/05; reply if any to be filed no
later than 8/12/05; Motion [6] remains set for hearing on 11/7/05 at 10:00 by Judge Nora M. Manella Court Reporter: N/A. (ir, ) (Entered: July 7, 2005)
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| July 12, 2005 |
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PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 02-7624-AHM(SHx). (stsh, ) (Entered: July 12, 2005)
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| July 15, 2005 |
15
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EX PARTE APPLICATION for reasonable time to oppose Perfect 10s Motion for Preliminary Injunction filed by Defendants Amazon Inc, A9.com Inc. Lodged Proposed Order. (ir, ) (Entered:
07/19/2005)
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| July 15, 2005 |
16
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DECLARATION of Michael H Rubin in support of Defendants Ex Parte Motion for reasonable time to oppose Perfect 10s Motion for Preliminary Injunction [15] filed by Defendants Amazon Inc,
A9.com Inc. (ir, ) (Entered: July 19, 2005)
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| July 15, 2005 |
17
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PROOF OF SERVICE filed by Defendants Amazon Inc, A9.com Inc of Ex Parte Application for reasonable time to oppose Perfect 10s Motion for Preliminary Injunction [15], Declaration [16] was
served on 7/15/05. (ir, ) (Entered: July 19, 2005)
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| July 18, 2005 |
18
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OPPOSITION to Defendants Ex Parte Application for an Inordinate amount of time to oppose Perfect 10s Motion for Preliminary Injunction [15] filed by Plaintiff Perfect 10 Inc. (ir, )
(Entered: July 19, 2005)
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| July 19, 2005 |
19
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ORDER by Judge Nora M. Manella: GRANTS in part Defendants Ex Parte Motion [15] and hereby orders as follows: 1. Defendants shall file and serve their Opposition to Plaintiffs motion for
Preliminary Injunction no later than 8/22/05; 2. Plaintiff shall file and serve its Reply to Defendants Opposition no later than 9/12/05; 3. Hearing for Plaintiffs pending Motion for
Preliminary Injunction [6] shall remain on calendar and unchanged for 11/7/05 at 10:00. (ir, ) (Entered: July 19, 2005)
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| July 22, 2005 |
49
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SUPPLEMENT to Proof of Service re ex parte application for reasonable time to oppose Perfect 10's motion for preliminary injunction[17], filed by Defendants Amazon Inc, A9.com Inc. (sv)
(Entered: September 1, 2005)
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| July 26, 2005 |
20
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PROOF OF SERVICE Executed upon A9.com Inc, a Corporation served on 7/1/2005, answer due 7/21/2005. The Summons and Complaint were served by State statute, upon Gerome Jones, Process
Specialist, CT Corporation Systems-Registered Agent at business. Due Diligence declaration not attached. Original Summons not returned. (ir, ) (Entered: July 29, 2005)
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| August 8, 2005 |
23
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NOTICE of Substitution of counsel filed by Defendant A9.com Inc, Amazon.com Inc. (ir, ) (Entered: August 10, 2005)
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| August 9, 2005 |
21
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STIPULATION AND ORDER Correcting Caption by Judge Nora M. Manella: Substituting Defendant Amazon.com Inc rep by Mark T Jansen, Anthony J Malutta, Megan Chung in place of Defendant Amazon
Inc.(ir, ) (Entered: August 10, 2005)
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| August 9, 2005 |
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FAX number for Attorneys Megan Chung, Mark T Jansen, Anthony J Malutta is 415-576-0300. (ir, ) (Entered: August 10, 2005)
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| August 9, 2005 |
22
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NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Nora M. Manella ORDERING Notice of substitution of counsel submitted by Defendants A9.com Inc, Amazon.com Inc received on 8/8/05 to be
filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: August 10, 2005)
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| August 9, 2005 |
24
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ORDER of Substitution of Attorney by Judge Nora M. Manella: Substituting attorneys Mark T Jansen, Anthony J Malutta and Megan Chung of Townsend and Townsend and Crew LLP for A9.com Inc and
Amazon.com Inc in place and stead of attorneys Michael Harrison Rubin, Tyler Griffin Newby and Laurence F Pulgram of Fenwick and West LLP.(ir, ) (Entered: August 10, 2005)
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| August 9, 2005 |
25
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STIPULATION that Defendants Amazon.com Inc, and A9.com Inc shall answer or otherwise respond to the complaint by no later than 8/22/2005 filed by Defendants A9.com Inc; Amazon.com Inc. (ir,
) (Entered: August 10, 2005)
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| August 17, 2005 |
26
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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 Ralph Zarefsky 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 05-4753 AHM (SHx).Signed by Judge A. Howard Matz (rn, )
(Entered: August 17, 2005)
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| August 22, 2005 |
28
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ANSWER to Complaint (Discovery) [1] with JURY DEMAND filed by Defendant Amazon.com Inc.(ir, ) (Entered: August 24, 2005)
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| August 22, 2005 |
30
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ANSWER to Complaint (Discovery) [1] filed by Defendant A9.com Inc.(ir, ) (Entered: August 24, 2005)
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| August 22, 2005 |
32
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MEMORANDUM of Points and Authorities in Opposition to Plaintiffs Motion for Preliminary Injunction [6] filed by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered: August 24, 2005)
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| August 22, 2005 |
33
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DECLARATION of Karen Ressmeyer in support of Defendants Opposition to Plaintiffs Motion for Preliminary Injunction [6] filed by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered:
08/24/2005)
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| August 22, 2005 |
34
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DECLARATION of Mark T Jansen in support of Defendants Opposition to Plaintiffs Motion for Preliminary Injunction [6] filed by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered:
08/24/2005)
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| August 22, 2005 |
36
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DECLARATION of Anthony David in support of Defendants Opposition to Plaintiffs Motion for Preliminary Injunction [6] filed by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered:
08/24/2005)
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| August 22, 2005 |
40
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NOTICE of Related Case(s) filed by Defendants A9.com Inc, Amazon.com Inc. Related Case(s): see document for case number (rn, ) (Entered: August 25, 2005)
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| August 23, 2005 |
27
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NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Answer of Defendant Amazon.com Inc submitted by Defendant Amazon.com Inc received on 8/22/05 to be filed and
processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: August 24, 2005)
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| August 23, 2005 |
29
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NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Answer by A9.Com Inc submitted by Defendant A9.com Inc received on 8/22/05 to be filed and processed; filed date
to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: August 24, 2005)
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| August 23, 2005 |
31
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NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge A. Howard Matz ORDERING Opposition and Declaration to PI Motion submitted by Defendants A9.com Inc, Amazon.com Inc received on 8/22/05 to
be filed and processed; filed date to be the date the document was stamped Received but not Filed with the Clerk.(ir, ) (Entered: August 24, 2005)
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| August 23, 2005 |
37
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CERTIFICATION AND NOTICE of Interested Parties filed by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered: August 24, 2005)
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| August 23, 2005 |
38
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NOTICE OF DISCREPANCY AND ORDER: by Judge A. Howard Matz, ORDERING Notice of motion and motion to stay action, memorandum, declaration and Proposed Order submitted by Defendants A9.com Inc,
Amazon.com Inc received on 8/22/05 is not to be filed but instead rejected. Denial based on: FRCP 5(d) No proof of service attached to documents.(ir, ) (Entered: August 25, 2005)
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| August 23, 2005 |
48
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CERTIFICATE OF SERVICE filed by Defendants A9.com Inc, Amazon.com Inc of Answer to Complaint (Discovery)[30], Answer to Complaint [28], Memorandum in Opposition to Motion [32], Declaration
[33], Declaration [36], Declaration [34], Motion to Stay Case pending conclusion of the first filed related action CV04-9484 AHM (SHx) or alternatively for Consolidation of CV04-9484 [45],
Memorandum in Support of Motion, [46], Declaration [47], Notice of Related Case(s)[40] were served on 8/22/05. (ir, ) (Entered: August 26, 2005)
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| August 24, 2005 |
39
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INITIAL ORDER following filing of complaint assigned to Judge Matz (See document for further details) by Judge A. Howard Matz (ir, ) (Entered: August 25, 2005)
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| August 25, 2005 |
41
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NOTICE of Related Case(s) filed by Defendants A9.com Inc, Amazon.com Inc. Related Case(s): see document for case numbers (rn, ) (Entered: August 25, 2005)
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| August 25, 2005 |
42
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APPLICATION to Seal Declaration of Jonathan Leblang in support of Defendants Opposition to Plaintiffs Motion for Preliminary Injunction [35] filed by Defendants A9.com Inc, Amazon.com Inc.
Lodged Proposed Order. (ir, ) (Entered: August 26, 2005)
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| August 25, 2005 |
43
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CERTIFICATE OF SERVICE filed by Defendants A9.com Inc, Amazon.com Inc of APPLICATION to Seal Declaration [35][42] was served on 8/24/05. (ir, ) (Entered: August 26, 2005)
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| August 25, 2005 |
44
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ORDER by Judge A. Howard Matz : Application to Seal Declaration of Jonathan Leblang in support of Defendants Opposition to Plaintiffs motion fo Preliminary Injunction [42] is hereby
GRANTED. (ir, ) (Entered: August 26, 2005)
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| August 25, 2005 |
45
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NOTICE OF MOTION AND MOTION to Stay Case pending conclusion of the first filed related action CV04-9484 AHM (SHx) or alternatively for Consolidation of CV04-9484 filed by Defendants A9.com
Inc, Amazon.com Inc. Motion set for hearing on 9/19/2005 at 10:00 AM before Honorable A. Howard Matz. Lodged Proposed Order. (ir, ) (Entered: August 26, 2005)
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| August 25, 2005 |
46
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MEMORANDUM of Points and Authorities in Support of Defendants Motion to Stay Case pending conclusion of the first filed related action CV04-9484 AHM (SHx) or alternatively for Consolidation
of CV04-9484 [45] filed by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered: August 26, 2005)
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| August 25, 2005 |
47
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DECLARATION of Mark J Jansen in support of Defendants Motion to Stay Case pending conclusion of the first filed related action CV04-9484 AHM (SHx) or alternatively for Consolidation of
CV04-9484 [45] filed by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered: August 26, 2005)
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| August 30, 2005 |
50
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PROOF OF SERVICE filed by Plaintiff Perfect 10 Inc of Initial Order following filig of complaint assigned to Judge Matz 39 was served on 8/29/05. (ir, ) (Entered: September 6, 2005)
|
| September 6, 2005 |
51
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MEMORANDUM of Points and Authorities in Opposition to Motion to Stay [45]; Declaration of Dr Norman Zada filed by Plaintiff Perfect 10 Inc.(ir, ) (Entered: September 13, 2005)
|
| September 12, 2005 |
52
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REPLY Memorandm of Points and Authorities in support of its Motion for Preliminary Injunction [6] filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered: September 20, 2005)
|
| September 12, 2005 |
53
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SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE in support of Motion for Preliminary Injunction [6]; Declaration of Russell J Frackman filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered:
09/20/2005)
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| September 12, 2005 |
54
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EVIDENTIARY OBJECTIONS to Declarations of Anthony David, Karen Ressmeyer and Jonathan Leblang regarding Motion for Preliminary Injunction [6] filed by Plaintiff Perfect 10 Inc. (ir, )
(Entered: September 20, 2005)
|
| September 12, 2005 |
55
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SUPPLEMENTAL DECLARATION of Norman Zada in support of its Motion for Preliminary Injunction [6] filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered: September 20, 2005)
|
| September 12, 2005 |
56
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DECLARATION of Alan Bryan in support of its Motion for Preliminary Injunction[6] filed by Plaintiff Perfect 10 Inc. (ir, ) (Entered: September 20, 2005)
|
| September 12, 2005 |
59
|
REPLY in support of Defendants Motion to Stay Action until Conclusion of First filed related Action or alternatively for Consolidation [45] filed by Defendants A9.com Inc, Amazon.com Inc.
(ir, ) (Entered: September 20, 2005)
|
| September 19, 2005 |
57
|
MINUTES: Defendants Motion to Stay Action or alternatively for Consolidation [45] (Filed 8/25/05) Non-evidentiary; Cause called. appearances made. Also present is Andrew Bridges, attorney
for defendant Google Inc; Court issues tenative ruling and hears oral argument. For reasons stated on the record, the Court GRANTS IN PART and DENIES IN PART the above motions filed in
CV05-4753 AHM (SHx). Court specificaly denies the request to stay and grants the request to consolidate CV05-4753 AHM (SHx) with CV04-9484 AHM (SHx). Court continues the Plaintiffs motion
for preliminary injunction in CV04-9484 AHM (SHx) from 10/31/05 to 11/7/05 at 10:00 to be heard with Plaintiffs 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 1:30 by Judge A. Howard Matz Court Reporter: Leslie A King. (ir, ) (Entered: September 20, 2005)
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| September 19, 2005 |
|
PLACED IN FILE - NOT USED re Defendants Proposed Order re Stay submitted by Defendants A9.com Inc, Amazon.com Inc. (shb, ) (Entered: September 27, 2005)
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| September 20, 2005 |
58
|
ORDER Setting Further Consolidated Rule 26(f) Scheduling Conference by Judge A. Howard Matz. If Plaintiff has not already served the complaint (or any amendment thereto) on all defendants,
Plaintiff shall promptly do so and shall file proof of service within three days thereafter. Defendants also shall timely serve and file their responsive pleadings and file proofs of
service within three days thereafter. This matter is set for a Scheduling Conference on 11/21/2005 01:30 PM. Parties are reminded of their obligations to disclose information to confer on a
discovery plan not later than 21 days prior to the scheduling conference and to file a report with the Court entitled "Joint Rule 26(f) Report" not later than 14 days after they confer.
Failure to comply with the following requirements or to cooperate in the preparation of the Joint Rule 26(f) Report may lead to the imposition of sanctions (See document for further
details).(ir, ) (Entered: September 20, 2005)
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| November 1, 2005 |
60
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RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 9/19/05 Court Reporter: Leslie King. (mo, ) (Entered: November 1, 2005)
|
| November 1, 2005 |
61
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TRANSCRIPT filed for proceedings held on 9/19/05. Court Reporter: Leslie King. (mo, ) (Entered: November 1, 2005)
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| November 7, 2005 |
62
|
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, ) (Entered: November 8, 2005)
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| November 14, 2005 |
65
|
JOINT REPORT of Rule 26(f) Meeting filed; estimated length of trial 10-20 days. (ir, ) (Entered: November 21, 2005)
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| November 17, 2005 |
63
|
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 58 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, ) (Entered: November 17, 2005)
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| November 18, 2005 |
64
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RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 11/7/05 Court Reporter: Leslie A. King (see CV 04-9484) (mo, ) (Entered: November 18, 2005)
|
| November 29, 2005 |
66
|
MINUTES: (IN CHAMBERS) On Courts own motion, the Court hereby continues the Further Consolidated Scheduling Conference from 12/12/05 to 1/10/06 at 1:30 by Judge A. Howard Matz Court
Reporter: Not Reported. (ir, ) (Entered: November 30, 2005)
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| January 5, 2006 |
67
|
MINUTES OF IN CHAMBERS ORDER by Judge A. Howard Matz : 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, )Court
Reporter: Not Reported. (smo, ) (Entered: January 5, 2006)
|
| February 21, 2006 |
68
|
MINUTES: In Chambers; Because P10 has failed to establish a likelihood of success on the merits of its copyright claims, the Court DENIES P10s motion for Preliminary Injunction against
Amazon [6] by Judge A. Howard Matz Court Reporter: N/A. (ir, ) (Entered: February 22, 2006)
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| February 21, 2006 |
|
PLACED IN FILE - NOT USED re Defendants Proposed Order regarding Preliminary Injunction, lodged 8/22/05 submitted by Defendants A9.com Inc, Amazon.com Inc. (ir, ) (Entered: February 22, 2006)
|
| February 21, 2006 |
|
PLACED IN FILE - NOT USED re Proposed Preliminary Injunction submitted by Plaintiff Perfect 10 Inc. (ir, ) (Entered: February 22, 2006)
|
| February 24, 2006 |
69
|
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, ) (Entered: February 24, 2006)
|
| March 20, 2006 |
70
|
PRELIMINARY INJUNCTION NOTICE OF APPEAL AND REPRESENTATION STATEMENT to 9th CCA filed by plaintiff Perfect 10 Inc. Appeal of In Chambers Order 68 Filed On: 2/21/06; Entered On: 2/22/06; Filing fee $255, Paid receipt number
83390. 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, ). (Entered: March 21, 2006)
|
| March 20, 2006 |
|
Civil Appeals Docketing Statement received from plaintiff Perfect 10 Inc forwarded to 9th CCA. RE: Appeal to Circuit Court, 70. (ghap, ) (Entered: March 21, 2006)
|
| March 22, 2006 |
|
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re: Appeal to Circuit Court, 70. (ghap, ) (Entered: March 22, 2006)
|
| March 28, 2006 |
71
|
FURTHER JOINT REPORT Rule 26(f) Discovery Plan filed; estimated length of trial 10-12 days. (shb, ) (Entered: March 29, 2006)
|
| March 30, 2006 |
72
|
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, ) (Entered: March 30, 2006)
|
| March 30, 2006 |
73
|
NOTIFICATION by Circuit Court of Appellate Docket Number 06-55405, 9th CCA regarding Appeal to Circuit Court, 70 filed by Perfect 10 Inc. (ghap, ) (Entered: March 30, 2006)
|
| March 31, 2006 |
74
|
TRANSCRIPT DESIGNATION AND ORDERING FORM For Dates: 11/7/05; Court Reporter: Leslie King; Court of Appeals Case Number: 06-55405; Re: Appeal to Circuit Court, 70. (ghap, ) (Entered: April 4, 2006)
|
| April 4, 2006 |
76
|
ORDER from 9th CCA filed as to Appeal to Circuit Court, 70 filed by
Perfect 10 Inc, CCA # 06-55405. Order received in this district on 4/6/06. Appeals Number 06-55405, 06-55406, 06-55425 are preliminary injunction appeals. Accordingly, Ninth Circuit Rule
3-3 shall apply. The court sua sponte consolidates appeal number 06-55405 and 06-55406. Additionally, the court notes that number 06-55425 is a cross-appeal of the same order at issue in
number 06-55406. If they have not already done so, within 7 calendar days of the filing date of this order, the parties shall make arrangements to obtain from the court reporter an
officical transcript of proceedings in the district court that will be included in the record on appeal. The brief schedule is set. (ghap, ) (Entered: April 11, 2006)
|
| April 6, 2006 |
75
|
CERTIFICATE OF RECORD Transmitted to USCA re Appeal to Circuit Court, 70
filed by Perfect 10 Inc, ; Court of Appeals Case Number: 06-55405. (ghap, ) (Entered: April 6, 2006)
|
| April 11, 2006 |
77
|
JOINT STIPULATION AND ORDER by Judge A. Howard Matz: Discovery, motions and all other proceedings in the above-entitled consolidated action against Amazon.com and A9.com only (Case Number
CV05-4753) shall be stayed until either (i) the Ninth Circuit issues a decision on Plaintiffs pending appeal from the Courts 2/22/06 order denying Plaintiffs preliminary injunction moiton
against defendants Amazon.com or (ii) a period of ten (10) months from the date that Plaintiff files its opening brief on appeal, whichever comes first. If the stay expires without a
decision from the Ninth Circuit, nothing in this stipulation and order shall prejudice any partys right to seek or oppose a further stay or the parties right to individually file a motion
requesting a further stay. This stay does not apply to discovery or any other proceedings between Perfect 10 and defendant Google Inc.(ir, ) (Entered: April 12, 2006)
|
| April 17, 2006 |
78
|
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, ) (Entered: April 18, 2006)
|
| May 2, 2006 |
80
|
ORDER from 9th CCA filed as to Appeal to Circuit Court, 70 filed by
Perfect 10 Inc, CCA # 06-55405. Order received in this district on 05/04/06. These consolidated cases are preliminary injunction appeals. The parties' stipulated motion to amend the
briefing schedules are granted. Brief schedule set. (cbr, ) (Entered: May 9, 2006)
|
| May 8, 2006 |
79
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PRELIMINARY INJUNCTION ORDER by Judge A. Howard Matz: Google is preliminary enjoined from engaging in the infringing conduct described in the Initial Order. This Order may be modified by
subsequent application of the parties, who also may stipulate to alternative means, such as the development of image recognition technology to accomplish the objectives of this injunction.
This Injunction shall take effect upon P10 filing a cashiers check in the amount of $100,000 and serving Google with notice that it has done so.(ir, ) (Entered: May 9, 2006)
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| May 16, 2006 |
81
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RECEIPT OF REPORTERS TRANSCRIPT of proceedings for the following dates: 4/17/06 Court Reporter: Leslie King (ghap, ) (Entered: May 24, 2006)
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| June 15, 2006 |
82
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MINUTES: In Chambers; Court GRANTS a temporary stay [45] to permit Google to apply to the Ninth Circuit for a stay of the preliminary injunction. Google has five days from the date of this
Order to file its application to the Ninth Circuit. Thus, the stay shall remain in effect until 6/23/06. If Google files an application with the Ninth Circuit by that date, the stay shall
remain in effect until the Ninth Circuit rules upon that application by Judge A. Howard MatzCourt Reporter: N/A. (ir, ) (Entered: June 19, 2006)
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| June 19, 2006 |
83
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ORDER from 9th CCA filed as to Appeal to Circuit Court, 70 filed by
Perfect 10 Inc, CCA # 06-55405, 06-55406, 06-55425, 06-55759. Order received in this district on 06/19/06. Numbers 06-55405 and 06-55406 are consolidted preliminary injunction appeals.
Numbers 06-55425 and 06-55759 and preliminary injuction cross-appeals relating to number 06-55406. Ninth Circuit Rule 3-3 applies to these appeals. (cbr, ) (Entered: June 23, 2006)
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| July 17, 2006 |
84
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ORDER from 9th CCA filed, CCA # 06-55405; 06-55406; 06-55425; 06-55759; 06-55854; 06-55877. These are preliminary injunction appeals and cross-appeals. The clerk shall file the stipulated
agreement in Nos. 06-55854 and 06-55877. received July 7, 2006. The parties stipulated request to consolidae appeals Nos. 06-55854 and 06-55877 with previously consolidated appeals Nos.
06-55405; 06-55406; 06-55425; 06-55759 is granted. (see document for further information) Order received in this district on 7/19/2006. (lm, ) (Entered: July 27, 2006)
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| October 5, 2006 |
85
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RECORD ON APPEAL sent to Circuit Court re: Appeal number, 06-55405; Record consists of 1 through 3 volumes, 1 transcripts; 2 Brown Folders: 9, 10; 1 Special Handling: 55; re Appeal to
Circuit Court, 70 (lr, ) (Entered: October 6, 2006)
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| October 5, 2006 |
86
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APPEAL RECORD sealed documents sent to Circuit Court re: Appeal number, 06-55405. 1 documents were sent with this transmittal. Document numbers 35. RE: Appeal to Circuit Court, 70 (lr, ) (Entered: October 6, 2006)
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| October 6, 2006 |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals ; re: Appeal to Circuit Court, 70 (lr, ) (Entered: October 6, 2006)
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| July 11, 2007 |
87
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NOTICE OF MOTION AND MOTION for Judgment on the Pleadings as to the Fourth Claim for Relief (Circumvention of Copyright Protections Systems); Notice of Reliance on Memorandum of Points and
Authorities in Support Filed Previously by Google in Consolidated Action; filed by Defendants A9.com Inc, Amazon.com Inc.Motion set for hearing on 7/23/2007 at 10:00 AM before Judge A.
Howard Matz. (mg) (Entered: July 13, 2007)
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| July 11, 2007 |
88
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STIPULATION AND ORDER by Judge A. Howard Matz Advancing Hearing on Defendants Amazon.com Inc's and A9.com Inc's MOTION for Judgment on the Pleadings as to the Fourth Claim for Relief
(Circumvention of Copyright Protections Systems) [87]. The motion shall be filed and set for hearing on 7/23/07 at 10:00 am in conjunction with the already scheduled hearing on a similar
motion filed by Google. Perfect 10's Response to the Google Motion, filed 7/6/07, shall be deemed also its Response to the Amazon motion. Amazon may, but is not required, to file a reply
not to exceed four pages by not later than 7/16/2007.(mg) (Entered: July 13, 2007)
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| July 16, 2007 |
92
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REPLY in support of MOTION for Judgment on the Pleadings [87] filed by Defendant Amazon.com Inc. (mg) (Entered: July 31, 2007)
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| July 23, 2007 |
89
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NOTICE of Change of Attorney Information: changing address to 21800 Oxnard Street, Suite 910, Woodland Hills, CA 91367, changing fax number to 818-716-2773. for attorney Jeffrey N Mausner.
Filed by plaintiff Perfect 10 Inc (rrey) (Entered: July 24, 2007)
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| July 23, 2007 |
90
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MINUTES IN CHAMBERS (no proceeding held) ORDER by Judge A. Howard Matz re: Defendants Amazon.com Inc and A9.com Inc's MOTION for Judgment on the Pleadings[87] and Google Inc's motion for
judgment on the pleadings as to the fourth cause of action in plaintiff Perfect 10 Inc's amended complaint [CV04-9484 AHM(SHx)]: The Court GRANTS both Google's 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. (rrey) (Entered: July 25, 2007)
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| July 23, 2007 |
91
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MINUTES of Motion Hearing held before Judge A. Howard Matz re defendant Google Inc's motion for judgment on the pleadings as to the fourth cause of action and Amazon.com Inc and A9.com
Inc's motion for judgment on the pleadings as to the fourth claim for relief: Court issues tentative order without oral argument. For reasons and findings stated on the record, the Court
GRANTS the motions with prejudice. Order to issue.Court Reporter: Cindy Nirenberg.Tape #: N/A.Court Smart: N/A.(rrey) (Entered: July 25, 2007)
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