Plaintiff MySpace Inc. sued defendants Media Breakaway, LLC and Scott Richter for sending millions of spam bulletins through MySpace's network by misappropriating login names and passwords from MySpace users.
Date Filed
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Docket Text
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| January 19, 2007 |
1
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COMPLAINT against defendants Marat Nigmatzyanov, Yevgeniy Leschinskiy, Does 1-10, inclusive, Optinrealbig.com LLC, CPA Empire.Com LLC, Media Breakaway LLC, Scott Richter. (Filing fee $ 350
PAID.) Jury Demanded. , filed by plaintiff MySpace Inc.(et) (Entered: January 26, 2007)
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| January 19, 2007 |
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20 DAY Summons Issued re Complaint - (Discovery), [1] as to Marat Nigmatzyanov, Yevgeniy Leschinskiy, Does 1-10, inclusive, Optinrealbig.com LLC, CPA Empire.Com LLC, Media Breakaway LLC,
Scott Richter. (et) (Entered: January 26, 2007)
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| January 19, 2007 |
2
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NOTICE of Interested Parties filed by Plaintiff MySpace Inc. (et) (Entered: January 26, 2007)
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| January 19, 2007 |
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FAX number for Attorney Nathan J Novak, William Wayne Oxley, Christopher Steven Ruhland is 213-612-2449. (et) (Entered: January 26, 2007)
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| January 26, 2007 |
3
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ORDER by Judge George H. King Re: Case Management (Revised as of November 2006) Read Immediately (mg, ) (Entered: January 30, 2007)
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| February 8, 2007 |
4
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AFFIDAVIT OF SERVICE Executed by Plaintiff MySpace Inc, upon Marat Nigmatzyanov served on 2/3/2007, answer due 2/23/2007. The Summons and Complaint were served by personal service, by
(statute not cited). Due Dilligence declaration not attached. Original Summons not returned. (mg, ) (Entered: February 9, 2007)
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| February 21, 2007 |
5
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STIPULATION Regarding Service of Process and Response to Complaint. Extending Time to Answer the complaint as to Defendants Marat Nigmatzyanov and Yevgeniy Leschinskiy: answer due
4/11/2007. Filed by Plaintiff MySpace Inc. (mg, ) (Entered: February 22, 2007)
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| February 22, 2007 |
6
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PROOF OF SERVICE filed by Plaintiff MySpace Inc, re Case Management Order3; served on 2/21/07. (mg, ) (Entered: February 23, 2007)
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| March 2, 2007 |
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WAIVER OF SERVICE Returned Executed filed by Plaintiff MySpace Inc upon Steven Scott Richter and Media Breakaway LLC; waiver sent by Plaintiff on 1/30/2007, answer due 3/31/2007. Waiver of
Service signed by Michael A J Nangano. (mg, ) (Entered: March 5, 2007)
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| March 7, 2007 |
8
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WAIVER OF SERVICE Returned Executed filed by Plaintiff MySpace Inc upon Media Breakaway LLC (formerly known as Opt-in-real-big.com LLC); waiver sent by Plaintiff on 1/30/2007, answer due
3/31/2007. Waiver of Service signed by Michael A J Nangano, Counsel. (mg, ) (Entered: March 8, 2007)
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| March 7, 2007 |
9
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WAIVER OF SERVICE Returned Executed filed by Plaintiff MySpace Inc upon Scott Richter; Served 1/30/07, answer due 3/31/07. Waiver of Service signed by Michael A J Nangano, Counsel. (mg, )
(Entered: March 8, 2007)
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| March 7, 2007 |
10
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PROOF OF SERVICE filed by Plaintiff MySpace Inc, re Order Re Case Management 3; served on 3/6/07. (mg, ) (Entered: March 8, 2007)
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| April 2, 2007 |
13
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ANSWER to Complaint - (Discovery)[1] filed by defendant Media Breakaway LLC.(jp) (Entered: April 9, 2007)
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| April 2, 2007 |
14
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MOTION to Dismiss for Lack of Personal Jurisdiction; Memorandum of Points and Authorities filed by defendant Scott Richter. Motion set for hearing on 4/30/2007 at 09:30 AM before Judge
George H. King. (jp) (Entered: April 9, 2007)
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| April 3, 2007 |
11
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NOTICE of Interested Parties filed by Defendants Media Breakaway LLC, Scott Richter. (jp) (Entered: April 4, 2007)
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| April 4, 2007 |
12
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STIPULATION AND ORDER by Judge George H. King that Defendants Marat Nigmatzyanov and Yevgeniy Leschinskiy answer or other response to Plaintiff Complaint is due 5/11/2007. (jp) (Entered:
04/05/2007)
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| April 6, 2007 |
15
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REQUEST for Approval of Substituttion of attorneys Jeffrey A Rosenfeld, Gregg D Zucker of DLA Piper US LLP in place of attorney Michael A.J. Nangano, Thomas Y. Barclay of Streeter and
Nangano filed by defendant Media Breakaway LLC. Lodged Proposed Order. (jp) (Entered: April 10, 2007)
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| April 6, 2007 |
16
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REQUEST for Approval of Substitution of attorneys Jeffrey A Rosenfeld, Gregg D Zucker of DLA Piper US LLP in place of attorney Michael A.J Nangano, Thomas V. Barclay of Streeter and Nangano
filed by defendant Scott Richter. Lodged Proposed Order. (jp) (Entered: April 10, 2007)
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| April 9, 2007 |
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NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Pete Wellborn for Defendant Media Breakaway LLC. (jp) (Entered: April 9, 2007)
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| April 10, 2007 |
17
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ORDER ON REQUEST for Approval of Substitution of Attorney filed. Substituting Jeffrey A Rosenfeld, Gregg D Zucker of DLA Piper US for Media Breakaway LLC in place and stead of Michael A.J.
Nangano, Thomas Y. Barclay of Streeter and Nangano [15] is GRANTED by Judge George H. King. (jp) (Entered: April 12, 2007)
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| April 10, 2007 |
18
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ORDER ON REQUEST for Approval of Substitution of Attorney filed. Substituting Jeffrey A Rosenfeld, Gregg D Zucker of DLA Piper US for Scott Richter in place and stead of Michael A.J.
Nangano, Thomas Y. Barclay of Streeter and Nangano [16] is GRANTED by Judge George H. King.(jp) (Entered: April 12, 2007)
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| April 17, 2007 |
19
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STIPULATION AND ORDER by Judge George H. King: Based on the above Stipulation, the hearing on Defendant Scott Richters Motion to Dismiss for Lack of Personal Jurisdiction in continued from
4/30/2007 at 9:30 AM to 5/21/2007 at 9:30 AM.(pcl, ) (Entered: April 19, 2007)
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| May 4, 2007 |
20
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ORDER ON Substitution of Attorney by Judge George H. King. Substituting attorney David L Schrader for Media Breakaway LLC in place and stead of attorney Jeffrey A Rosenfeld.(mg, ) (Entered:
05/07/2007)
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| May 4, 2007 |
21
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ORDER on Request for Substitution of Attorney by Judge George H. King. Substituting attorney David L Schrader for Scott Richter in place and stead of attorney Jeffrey A Rosenfeld (mg, )
(Entered: May 7, 2007)
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| May 9, 2007 |
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JOINT STIPULATION AND ORDER Withdrawing Scott Richter's Motion to Dismiss [14] by Judge George H. King : it is hereby ORDERED that 1. The Motion is withdrawn and the hearing date is
vacated, and 2. Richter will respond to the complaint no later than 5/21/07. IT IS SO ORDERED.(ad, ) (Entered: May 24, 2007)
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| May 14, 2007 |
22
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STIPULATION AND ORDER by Judge George H. King: ORDER granting Defendants Marat Nigmatzyanov answer due 6/11/2007; Yevgeniy Leschinskiy answer due 6/11/2007 by Judge George H. King (shb, )
(Entered: May 15, 2007)
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| May 21, 2007 |
23
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ANSWER to Complaint [1] filed by defendant Scott Richter.(jp) (Entered: May 23, 2007)
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| June 12, 2007 |
26
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STIPULATION AND ORDER Regarding Final Extension of Time to Complete Settlement Obligations and Dismiss the Case by Judge George H. King : The Court having considered the Stipulation, hereby
orders that Defendants' Marat Nigmatzyanov and Yevgeniy Leshchinskiy answer to complaint is due 7/31/07.(ad) (Entered: July 6, 2007)
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| June 25, 2007 |
29
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PROOF OF SERVICE filed by plaintiff MySpace Inc, Notice of Motion and Motion for Preliminary Injunction, Memorandum in support, Request for Judicial Notice, Declaration of Sarah Kleel,
Declaration of Rick Frazier, Declaration of Jason Wiley, Declaration of Khai LeQuang, Proposed Order served on 6/25/07. (ad) (Entered: July 10, 2007)
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| June 25, 2007 |
30
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NOTICE OF MOTION AND MOTION for Preliminary Injunction against Defendants Scott Richter, media Breakaway, LLC, Optinrealbig.com LLC, and CPA Empire.com LLC filed by plaintiff MySpace Inc.
Motion set for hearing on 7/16/2007 at 09:30 AM before Judge George H. King. (jp) (Entered: July 10, 2007)
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| June 25, 2007 |
31
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MEMORANDUM in Support of MOTION for Preliminary Injunction against Defendants Scott Richter, media Breakaway, LLC, Optinrealbig.com LLC, and CPA Empire.com LLC [30] filed by Plaintiff
MySpace Inc. (jp) (Entered: July 10, 2007)
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| June 25, 2007 |
32
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REQUEST FOR JUDICIAL NOTICE in support of MOTION for Preliminary Injunction against Defendants Scott Richter, media Breakaway, LLC, Optinrealbig.com LLC, and CPA Empire.com LLC [30] filed
by plaintiff MySpace Inc. (jp) (Entered: July 10, 2007)
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| June 25, 2007 |
33
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DECLARATION of SARAH KALEEL in support of MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 10, 2007)
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| June 25, 2007 |
34
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DECLARATION of KHAI LEQUANG in support of MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 10, 2007)
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| June 25, 2007 |
35
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DECLARATION of RICK FRAZIER in support of MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 10, 2007)
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| June 25, 2007 |
36
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DECLARATION of JASON WILEY in support of MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 10, 2007)
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| June 29, 2007 |
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ORDER SETTING SCHEDULING by Judge George H. King: (REVISED AS OF JUNE 2007). READ IMMEDIATELY: This matter is set for Scheduling Conference on 8/13/2007 at 01:30 PM. Parties planning
meeting pursuant to Rule 26(f) shall be file no later than 7/16/2007. Joint Report of Parties planning meeting shall file no later than 7/30/2007. Counsel and an unrepresented party are
warned that failure to comply fully and strictly with this Order may lead to the imposition of all appropriate sanctions. (jp) (Entered: July 2, 2007)
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| July 2, 2007 |
38
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OPPOSITION to Myspace Inc MOTION for Preliminary Injunction [30] filed by Defendants Media Breakaway LLC, Scott Richter. Lodged Proposed Order. (jp) (Entered: July 13, 2007)
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| July 2, 2007 |
39
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DECLARATION of SCOTT RICHTER in support of Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction [30] filed by Defendants Media Breakaway LLC, Scott Richter. (jp) (Entered:
07/13/2007)
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| July 2, 2007 |
40
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DECLARATION of JOE PANTEL in support of Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction [30] filed by Defendants Media Breakaway LLC, Scott Richter. (jp) (Entered:
07/13/2007)
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| July 2, 2007 |
41
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DECLARATION of STEVEN RICHTER in support of Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction [30] filed by Defendants Media Breakaway LLC, Scott Richter. (jp)
(Entered: July 13, 2007)
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| July 2, 2007 |
42
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DECLARATION of DAVID L. SCHRADER in support of Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction [30] filed by Defendants Media Breakaway LLC, Scott Richter. (jp)
(Entered: July 13, 2007)
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| July 2, 2007 |
43
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OBJECTIONS to Evidence Cited in Myspace Inc MOTION for Preliminary Injunction [30] filed by Defendants Media Breakaway LLC, Scott Richter. (jp) (Entered: July 13, 2007)
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| July 2, 2007 |
44
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PROOF OF SERVICE of Opposition to Motion for Preliminary Injunction [38], Declaration of SCOTT RICHTER in support of Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction
[39], Declaration of JOE PANTEL in support of Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction [40], Declaration of STEVEN RICHTER in support of Defendants Opposition
to Myspace Inc MOTION for Preliminary Injunction [41], Declaration of DAVID L. SCHRADER in support of Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction [42], Objection
to Evidence Cited in Myspace Inc MOTION for Preliminary Injunction [43] served on 7/2/2007 filed by defendants Media Breakaway LLC, Scott Richter. (jp) (Entered: July 13, 2007)
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| July 3, 2007 |
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STIPULATION AND PERMANENT INJUNCTION by Judge George H. King: NOW, THEREFORE, upon the stipulation of the parties, and good cause appearing therefor, IT IS ORDERED that Leschinskiy,
together with his officers, directors, agents, servants, employees, and attorneys, and those in active concer tor participation with him, is hereby PERMANENTLY RESTRAINED and ENJOINED (see
document for further details). The Court shall retain jurisdiction after the termination of this action to enforce this Order. (jp) (Entered: July 10, 2007)
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| July 3, 2007 |
28
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STIPULATION AND PERMANENT INJUNCTION by Judge George H. King: NOW, THEREFORE, upon the stipulation of the parties, and good cause appearing therefor, IT IS ORDERED that Nigmatzyanov,
together with his officers, directors, agents, servants, employees, and attorneys, and those in active concert or participation with him, is hereby PERMANENTLY RESTRAINED and ENJOINED (see
document for further details). The Court shall retain jurisdiction after the termination of this action to enforce this Order. (jp) (Entered: July 10, 2007)
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| July 6, 2007 |
46
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NOTICE OF REQUEST to Cross-Examine Declarants in Connection with Motion for Preliminary Injunction; Declaration of David L. Schrader filed by defendants Media Breakaway LLC, Scott Richter.
(jp) (Entered: July 20, 2007)
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| July 9, 2007 |
47
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REPLY MEMORANDUM in support of MOTION for Preliminary Injunction against Defendants Scott Richter, media Breakaway, LLC, Optinrealbig.com LLC, and CPA Empire.com LLC [30] filed by Plaintiff
MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
48
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SUPPLEMENTAL DECLARATION of RICK FRAZIER in support of MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
49
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DECLARATION of YEVGENIY LESHCHINSKY in support of Myspce Inc MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
50
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RESPONSES to Defendants Objections to Evidence Cited in Myspace Inc MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
51
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SUPPLEMENTAL DECLARATION of KHAI LEQUANG in support of Myspace Inc MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
52
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OBJECTIONS to Evidence Cited in Defendants Opposition to Myspace Inc MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
53
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PROOF OF SERVICE VIA PERSONAL SERVICE of Reply Memorandum in support of MOTION for Preliminary Injunction [47], Supplemental Declaration of RICK FRAZIER in support of MOTION for Preliminary
Injunction [48], Declaration of YEVGENIY LESHCHINSKY in support of Myspce Inc MOTION for Preliminary Injunction [49], Response to Defendants Objections to Evidence Cited in Myspace Inc
MOTION for Preliminary Injunction [50], Supplemental Declaration of KHAI LEQUANG in support of Myspace Inc MOTION for Preliminary Injunction [51], Objection to Evidence Cited in Defendants
Opposition to Myspace Inc MOTION for Preliminary Injunction [52], served on 7/9/2007 filed by plaintiff MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
54
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Defendants Media Breakaway LLC, Scott Richter NOTICE OF MOTION AND MOTION to Compel Arbitration; Memorandum of Points and Authorities; Declaration of David L. Schrader.Motion set for
hearing on 7/30/2007 at 09:30 AM before Judge George H. King. Lodged Proposed Order. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
55
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DECLARATION of DAVID L. SCHRADER in support of Defendants Media Breakaway, LLC and Scott Richter MOTION to Compel Arbitration [54] filed by Defendants Media Breakaway LLC, Scott Richter.
(jp) (Entered: July 20, 2007)
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| July 9, 2007 |
56
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PROOF OF SERVICE of NOTICE OF MOTION AND MOTION to Compel Arbitration [54], Declaration of DAVID L. SCHRADER in support of Defendants Media Breakaway, LLC and Scott Richter MOTION to Compel
Arbitration [55], served on 7/9/2007 filed by defendants Media Breakaway LLC, Scott Richter. (jp) (Entered: July 20, 2007)
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| July 9, 2007 |
57
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DECLARATION of MARAT NIGMATZYANOV in support of Myspace Inc MOTION for Preliminary Injunction [30] filed by Plaintiff MySpace Inc. (jp) (Entered: July 20, 2007)
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| July 11, 2007 |
37
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MINUTES before Judge George H. King: (In Chambers) Order Regarding Pending Motions. The hearing for this matter, currently set for 7/16/2007 at 09:30 AM. [30], is hereby VACATED, and RESET
on the Court calendar for oral argument on 8/13/2007 at 09:30 AM (see document for further details). All such depositions shall be completed and lodged with the Court by 8/1/2007. By
8/6/2007, each party may submit a supplemental memorandum, not to exceed five (5) pages in lenght. The Remaining Defendants Motion to Compel Arbitration, currently set on the calendar for
oral argument on 7/30/2007, is hereby TAKEN OFF CALENDAR (see document for further details). Court Reporter: Not Appearing. (jp) (Entered: July 12, 2007)
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| July 16, 2007 |
45
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NOTICE OF VOLUNTARY DISMISSAL: NOTICE IS HEREBY GIVEN that pursuant to FRCP 41(a), plaintiff voluntarily dismissed the above-captioned action, with prejudice, against defendants Marat
Nigmatzyanov and Yevgeniy Leschinskiy filed by plaintiff MySpace Inc. (jp) (Entered: July 17, 2007)
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| July 16, 2007 |
58
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OPPOSITION to Defendants Media Breakaway and Scott Richter MOTION to Compel Arbitration [54] filed by Plaintiff MySpace Inc. (jp) (Entered: July 26, 2007)
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| July 16, 2007 |
59
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DECLARATION of CHRISTOPHER S. RUHLAND in support of Opposition to Defendants MOTION to Compel Arbitration [54] filed by Plaintiff MySpace Inc. (jp) (Entered: July 26, 2007)
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| July 16, 2007 |
60
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DECLARATION OF SERVICE OF Opposition to to Defendants MOTION to Compel Arbitration [58]. Declaration of CHRISTOPHER S. RUHLAND in support of Opposition to Defendants MOTION to Compel
Arbitration [59], served on 7/16/2007 filed by plaintiff MySpace Inc. (jp) (Entered: July 26, 2007)
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| July 23, 2007 |
63
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REPLY in support of its MOTION to Compel Arbitration[54] filed by Defendants Media Breakaway LLC, Scott Richter. (ad) (Entered: August 7, 2007)
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| July 27, 2007 |
66
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REPORT OF PARTIES' PLANNING MEETING ; estimated length of trial 5-7 days, filed by Plaintiff MySpace Inc, Defendants Media Breakaway LLC, Scott Richter. (ad) (Entered: August 17, 2007)
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| August 1, 2007 |
67
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NOTICE OF LODGMENT of Deposition Transcripts filed by Plaintiff MySpace Inc. (ad) (Entered: August 17, 2007)
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| August 1, 2007 |
68
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NOTICE OF LODGING Deposition Transcripts in support of their opposition to MOTION for Preliminary Injunction[30] filed by Defendants Media Breakaway LLC, Scott Richter. (ad) (Entered:
08/17/2007)
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| August 2, 2007 |
61
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STIPULATION AND ORDER by Judge George H. King that the attached proposed First Amended Complaint is deemed filed as of the date of this Order; and Defendants shall have 20 days from the
date of this Order to file and serve any response to the First Amended Complaint. (jp) (Entered: August 3, 2007)
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| August 2, 2007 |
62
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FIRST AMENDED COMPLAINT against Defendants Media Breakaway LLC, Scott Richter; Parties CPA Empire.Com LLC and Optinrealbig.com LLC terminated amending Complaint - (Discovery)[1], with Jury
Demanded, filed by plaintiff MySpace Inc. (jp) (Entered: August 3, 2007)
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| August 6, 2007 |
69
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DEFENDANT'S SUPPLEMENT FACTUAL MEMORANDUM IN SUPPORT OF THEIR OPPOSITON TO to MOTION for Preliminary Injunction[30] filed by Defendants Media Breakaway LLC, Scott Richter. (ab) (Entered:
08/27/2007)
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| August 6, 2007 |
70
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MYSPACE, INC'S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION for Preliminary Injunction[30] filed by Plaintiff MySpace Inc. (ab) (Entered: August 27, 2007)
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| August 6, 2007 |
71
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DECLARATION OF KHAI LEQUANT IN SUPPORT OF SUPPLEMENTAL MEMORANDUM IN SUPPORT OF MOTION for Preliminary Injunction[30] filed by Plaintiff MySpace Inc. (ab) (Entered: August 27, 2007)
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| August 6, 2007 |
72
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PROOF OF SERVICE MySpace Inc, re Declaration [71], Supplement [69], Supplement[70] (ab) (Entered: August 27, 2007)
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| August 10, 2007 |
64
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MINUTES before Judge George H. King: (In Chambers) MOTION by Plaintiff for Preliminary Injunction [30]. On the Court's own motion, this matter, noticed for hearing 8/13/2007 at 09:30 AM. is
TAKEN OFF CALENDAR and will be taken under submission without oral argument on that date. FRCP 78; Local Rule 7-15 (formerly 7.11). No appearance by counsel shall be necessary. The hearing
date is vacated. Further briefing, if any, shall be filed in accordance with Local Rules as if the noticed hearing date had not been vacated. IT IS SO ORDERED. Court Reporter: Not Reported.
(jp) (Entered: August 13, 2007)
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| August 13, 2007 |
65
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MINUTES before Judge George H. King: (In Chambers) Order Re: (1) Motion for Preliminary Injunction [30], (2) Motion to Compel Arbitration [54]. MySpace's motion for a preliminary injunction
is DENIED without prejudice. Defendants motoin to compel arbitration is GRANTED. This case is ordered STAYED pending arbitration and ADIMISTRATIVELY CLOSED unitl further order of the Court.
IT IS SO ORDERED. (Made JS-6. Case Terminated.) Court Reporter: Not Appearing. (jp) (Entered: August 14, 2007)
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| August 23, 2007 |
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RETURN of Disposition to David Schrader, Esq. Neal Salisian, Esp, Morgan, Lewis & Bockius, LLP (es) (Entered: August 28, 2007)
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| September 25, 2007 |
73
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NOTICE OF Substitution of Counsel and Order filed. Substituting attorney Ian C Ballon for MySpace Inc, Wendy M Mantell for MySpace Inc, Lori Chang for MySpace Inc, Nina D Boyajian for
MySpace Inc in place and stead of attorney Christopher Steven Ruhland; Nathan J Novak and William Wayne Oxley by Judge George H. King.(ca) (Entered: September 28, 2007)
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