Plaintiff Mireille Carrier alleges that Defendant Commission Junction does not take reasonable steps to eliminate Adware Affilitates from its affiliate networks.
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Date Filed
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Docket Text
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| April 20, 2007 |
1
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COMPLAINT against defendants Valueclick Inc, Commission Junction Inc, Be Free.(Filing fee $ 350 paid) Jury Demanded. , filed by plaintiffs Mireille Carrier.(pj, ) (Entered: May 3, 2007)
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| April 20, 2007 |
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20 days Summons Issued re Complaint - (Discovery) 1 as to Valueclick Inc, Commission Junction Inc, Be Free. (pj, ) (Entered: May 3, 2007)
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| April 20, 2007 |
2
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CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Mireille Carrier. (pj, ) (Entered: May 3, 2007)
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| April 20, 2007 |
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FAX number for Attorney Charles H Jung, Kassra Powell Nassiri is 415-534-3200. (pj, ) (Entered: May 3, 2007)
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| April 25, 2007 |
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PROOF OF SERVICE Executed by Plaintiff Mireille Carrier, upon Be Free served on 4/23/2007, answer due 5/13/2007. The Summons and Complaint were served by Personal service, by Federal
statute, upon Dina La Porta, Clerk at National Registred Agents, Authorized Agent. Due Dilligence declaration not attached. Original Summons not returned. (yl, ) (Entered: May 4, 2007)
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| April 25, 2007 |
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PROOF OF SERVICE Executed by Plaintiff Mireille Carrier, upon Commission Junction Inc served on 4/23/2007, answer due 5/13/2007. The Summons and Complaint were served by Personal service,
by Federal statute, upon Dina La Porta, Clerk at National Registered Agents, Authorized Agent. Due Dilligence declaration attached. (yl, ) (Entered: May 4, 2007)
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| April 25, 2007 |
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PROOF OF SERVICE Executed by Plaintiff Mireille Carrier, upon Valueclick Inc served on 4/23/2007, answer due 5/13/2007. The Summons and Complaint were served by personal service, by
Federal statute, upon Dina La Porta. Due Dilligence declaration not attached. Original Summons not returned. (yl, ) (Entered: May 4, 2007)
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| April 25, 2007 |
6
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NOTICE of Related Case(s) filed by Plaintiff Mireille Carrier. Related Case(s): CV 07-2638 FMC (CTx) (rn, ) (Entered: May 7, 2007)
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| May 9, 2007 |
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PREPARED ORDER RE TRANSFER Pursuant to General Order 224 (Related Case) by Clerk; related to CV 07-2638 FMC (CTx). (rn, ) (Entered: May 9, 2007)
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| May 11, 2007 |
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ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 224 -Related Case- filed. Related Case No: CV 07-2638 FMC (CTx). Case referred from Magistrate Judge Jeffrey W. Johnson to Magistrate Judge
Carolyn Turchin for Discovery. The case number will now read as follows: CV 07-2641 FMC (CTx). Signed by Judge Carolyn Turchin.(rn, ) (Entered: May 11, 2007)
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| May 11, 2007 |
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Cases associated with Lead Case CV 07-2638 FMC (CTx) (rn, ) (Entered: May 11, 2007)
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| May 11, 2007 |
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STIPULATION Re Response to Class Action Complaint; Valueclick, Inc. answer or response due 6/13/2007; Commission Junction, Inc. answer or response due 6/13/2007; Be Free answer or
response due 6/13/2007. (gk, ) (Entered: May 15, 2007)
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| May 21, 2007 |
9
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NOTICE of Association of Counsel associating attorney Shana E Scarlett, Jeff D Friedman, Reed R Kathrein on behalf of Plaintiff Mireille Carrier. Filed by plaintiff Mireille Carrier (bb,
) (Entered: May 25, 2007)
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| June 13, 2007 |
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APPLICATION of Non-Resident Attorney S. Ashlie Beringer to appear on behalf of Defendants Valueclick, Inc., Commission Junction, Inc. and Be Free, and designating local counsel G. Charles
Nierlich. FEE PAID. Lodged Proposed Order. (gk) (Entered: June 15, 2007)
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| June 13, 2007 |
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FAX number for Attorney S Ashlie Beringer is 303-296-5310. (gk) (Entered: June 15, 2007)
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| June 13, 2007 |
12
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NOTICE OF MOTION AND MOTION to Dismiss Class Action Complaint; Memorandum of Points and authorities filed by defendants Valueclick Inc, Commission Junction Inc, Be Free.Motion set for
hearing on 7/23/2007 at 10:00 AM before Judge Florence-Marie Cooper. (jp) (Entered: June 30, 2007)
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| June 13, 2007 |
13
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NOTICE OF MOTION AND MOTION to Strike Requests for Certain Relief; Memorandum of Points and Authorities filed by defendants Valueclick Inc, Commission Junction Inc, Be Free.Motion set for
hearing on 7/23/2007 at 10:00 AM before Judge Florence-Marie Cooper. (jp) (Entered: June 30, 2007)
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| June 13, 2007 |
14
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NOTICE of Interested Parties Pursuant to LR 7.1-1 filed by Defendants Valueclick Inc, Commission Junction Inc, Be Free. (jp) (Entered: June 30, 2007)
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| June 13, 2007 |
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CERTIFICATE OF SERVICE filed by defendants Valueclick Inc, Commission Junction Inc, Be Free, regarding MOTION to Dismiss Class Action Complaint 12 , MOTION to Strike Requests for Certain
Relief 13 , Notice of Interested Parties 14 served on 6/13/2007. (jp) (Entered: June 30, 2007)
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| June 15, 2007 |
11
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ORDER by Judge Florence-Marie Cooper granting Application of Non-Resident Attorney S. Ashlie Beringer to appear on behalf of Defendants Valueclick, Inc., Commission Junction, Inc. and Be
Free 10 , and designating local counsel G. Charles Nierlich. (gk) (Entered: June 15, 2007)
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| June 29, 2007 |
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NOTICE OF DOCUMENT DISCREPANCIES AND ORDER by Judge Florence-Marie Cooper, ORDERING Notice of Change of Address submitted by Plaintiff Mireille Carrier received on 6/26/2007 is not to be
filed but instead rejected. Denial based on: No proof of service, F.R.Civ.P. 5(d).(gk) (Entered: July 2, 2007)
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| July 2, 2007 |
17
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STIPULATION AND ORDER by Judge Florence-Marie Cooper that the Motion to Dismiss 12 and Motion to Strike 13 are continued, Motion hearings continued to 7/30/2007 at 10:00 AM before Judge
Florence-Marie Cooper. Opposition briefs due by 7/16/2007; Replies due by 7/23/2007. (gk) (Entered: July 3, 2007)
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| July 3, 2007 |
20
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NOTICE of Change of Address by Jeff D Friedman, Reed R Kathrein, Shana E Scarlett attorney for Plaintiff Mireille Carrier, changing address to 715 Hearst Avenue, Suite 202, Berkeley, CA
94710. Filed by plaintiff Mireille Carrier (bb) (Entered: July 6, 2007)
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| July 5, 2007 |
18
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STIPULATION AND ORDER by Judge Florence-Marie Cooper, Set Deadlines: The Court continues the 7/23/07 deadline for filing of Plaintiff's Motion for class certification until a date to be
determined by the Court during the Rule 16(b) pretrial scheduling conference. (se) (Entered: July 5, 2007)
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| July 5, 2007 |
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STIPULATION AND ORDER by Judge Florence-Marie Cooper: Court grants the parties' request that Plaintiff be allowed to withdraw, without prejudice, its prayer for punitive damages from the
Class Action Complaint. (se) (Entered: July 5, 2007)
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| July 16, 2007 |
22
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OPPOSITION to Defendants MOTION to Strike Requests for Certain Relief 13 filed by Plaintiff Mireille Carrier. (et) (Entered: July 30, 2007)
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| July 16, 2007 |
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DECLARATION of JEFF D. FRIEDMAN in support of Plaintiffs Opposition to MOTION to Dismiss Class Action Complaint 12 filed by Plaintiff Mireille Carrier. (et) (Entered: July 30, 2007)
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| July 16, 2007 |
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO MOTION to Dismiss Class Action Complaint 12 filed by Plaintiff Mireille Carrier. (et) (Entered: July 30, 2007)
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| July 16, 2007 |
25
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OPPOSITION to Defendants' MOTION to Dismiss Complaint 12 filed by Plaintiff Mireille Carrier. (ad) (Entered: August 1, 2007)
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| July 23, 2007 |
26
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REPLY MEMORANDUM OF POINTS AND AUTHORITIES in support of MOTION to Dismiss Class Action Complaint 12 filed by Defendants Valueclick Inc, Commission Junction Inc, Be Free. (ad) (Entered:
08/08/2007)
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| July 23, 2007 |
27
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DECLARATION of Todd Miller in support of MOTION to Dismiss Class Action Complaint 12 filed by Defendants Valueclick Inc, Commission Junction Inc, Be Free. (ad) (Entered: August 8, 2007)
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| July 23, 2007 |
28
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REPLY in support of MOTION to Strike 13 filed by Defendants Valueclick Inc, Commission Junction Inc, Be Free. (ad) (Entered: August 8, 2007)
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| July 23, 2007 |
29
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CERTIFICATE OF SERVICE filed by defendants Valueclick Inc, Commission Junction Inc, Be Free, re Reply 28 , Declaration 27 , Reply Memorandum 26 served on 7/23/07. (ad) (Entered:
08/08/2007)
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| July 25, 2007 |
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MINUTES (IN CHAMBERS) by Judge Florence-Marie Cooper: The Court, on its own motion, hereby continues the Motion to Dismiss 12 and the Motion to Strike 13 , Motion hearing continued to
8/27/2007 at 10:00 AM before Judge Florence-Marie Cooper. Court Reporter: Not Present. (gk) (Entered: July 25, 2007)
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| July 26, 2007 |
30
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MAIL RETURNED addressed to Scott Patrick Barlow at ValueClick Inc re Stipulation and Order 18 (ir) (Entered: August 8, 2007)
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| August 27, 2007 |
31
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ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS AND DENYING DEFENDANTS' MOTION TO STRIKE by Judge Florence-Marie Cooper: re MOTION to Dismiss 12 , MOTION to
Strike 13 . This matter is before the Court on Defendants Value Click, Inc., Commission Junction, Inc., and Be Frees Motion to Dismiss for Failure to State a Claim Upon Which Relief Can
Be Granted (docket no. 12), and Defendants Motion to Strike Requests for Certain Relief (docket no. 13), filed on June 13, 2007. The Court has read and considered the moving, opposition,
and reply documents submitted in connection with both motions. The Court deems the matters appropriate for decision without oral argument. See Fed. R. Civ. P. 78; Local Rule 7-15.
Accordingly, the hearing set for August 27, 2007, is removed from the Courts calendar. For the reasons and in the manner set forth below, the Court hereby GRANTS IN PART AND DENIES IN
PART Defendants' Motion to Dismiss and DENIES Defendants' Motion to Strike. The Court hereby dismisses Plaintiff's claims for negligence without prejudice. Plaintiff is granted twenty
days leave to amend its Complaint in conformity with this Order. Failure to do so will result in Plaintiff's waiver of the right to reinstate any of the claims dismissed without prejudice
herein. If Plaintiff does not amend, Defendants must answer the Complaint no later than twenty days after the expiration of Plaintiffs deadline to amend.(ama) (Entered: August 27, 2007)
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| September 5, 2007 |
32
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Mail Returned addressed to Scott Patrick Barlow re Order docket 31 . (ama)
(Entered: September 5, 2007)
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| September 12, 2007 |
33
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FIRST AMENDED COMPLAINT against defendants Valueclick Inc, Commission Junction Inc, Be Free; amending Complaint 1 ; Jury demand; filed by Plaintiff Mireille Carrier (mg) (Entered:
09/13/2007)
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| September 12, 2007 |
34
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CERTIFICATE OF SERVICE filed by Plaintiff Mireille Carrier re First Amended Complaint 33 ; served on 9/12/07. (mg) (Entered: September 13, 2007)
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| October 1, 2007 |
35
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ANSWER to First Amended Complaint 33 filed by Defendants Valueclick Inc, Commission Junction Inc, Be Free.(mg) (Entered: October 4, 2007)
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| October 2, 2007 |
36
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JOINT REPORT to the Court Regarding Rule 26(f) Meeting of Counsel ; estimated length of trial four weeks, filed by Defendants Valueclick Inc, Commission Junction Inc, Be Free, Plaintiff
Mireille Carrier. (ad) (Entered: October 11, 2007)
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| November 9, 2007 |
37
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MINUTES OF IN CHAMBERS ORDER SETTING SCHEDULING CONFERENCE by Judge Florence-Marie Cooper : Scheduling Conference set for 1/14/2008 09:00 AM before Judge Florence-Marie Cooper. (ama)
(Entered: November 9, 2007)
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| November 9, 2007 |
38
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NOTICE TO PARTIES OF ADR PILOT PROGRAM filed along with ADR Pilot Program Questionnaire. (ama) (Entered: November 9, 2007)
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| November 26, 2007 |
39
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Mail Returned addressed to Scott Patrick Barlow re Civil Minutes - General 37
(mg) (Entered: November 30, 2007)
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| December 12, 2007 |
40
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NOTICE of Change of Attorney Information: changing address to 30699 Russell Ranch Road, Suite 250, Westlake Village CA 91362 for attorney Scott P Barlow. Filed by defendants Valueclick
Inc, Commission Junction Inc (ak) (Entered: December 20, 2007)
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| January 3, 2008 |
41
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STATUS REPORT UPDATED JOINT REPORT TO THE COURT REGARDING RULE 26(f) MEETING OF COUNSEL filed by Defendants Valueclick Inc, Commission Junction Inc, Be Free, Plaintiff Mireille
Carrier. (Scarlett, Shana) (Entered: January 3, 2008)
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| January 3, 2008 |
42
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JOINT ADR PILOT PROGRAM QUESTIONNAIRE filed by Plaintiff Mireille Carrier.(Scarlett, Shana) (Entered: January 3, 2008)
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| January 4, 2008 |
43
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MINUTES OF IN CHAMBERS ORDER RE ELECTRONIC FILING PROCEDURES FOR JUDGE COOPER by Judge Florence-Marie Cooper : SEE ORDER FOR DETAILS. (csl) (Entered: January 4, 2008)
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| January 14, 2008 |
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MINUTES OF Scheduling Conference held before Judge Florence-Marie Cooper. The Court conferred with counsel for a joint status conference. The parties agreed that these two cases should be
consolidated for all purposes. The Court hereby orders consolidation. The low number case 2:07-cv-2638, Settlement Recovery Center v. Valueclick, et al., shall be utilized for all future
documents filed in this consolidated action. The parties are preparing for a formal mediation in February. The matter is set for further Status Conference on 3/17/2008 at 09:00 AM before
Judge Florence-Marie Cooper. Court Reporter: Not Present. (mg) (Entered: January 15, 2008)
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