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Date Filed
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#
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Docket Text
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| June 26, 2008 |
1
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COMPLAINT against Defendants TMZ, Productions Inc., Sugar DVD, Kevin Blatt, DOES 1-10, inclusive. (Filing fee $ 350 PAID.) Jury Demanded., filed by Plaintiff Verne Troyer. (et)
(Additional attachment(s) added on 6/27/2008: # 1 Summons, Notice of Assignment & Civil Cover Sheet) (ds). (Entered:
06/27/2008)
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| June 26, 2008 |
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20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants TMZ, Productions Inc., Sugar DVD, Kevin Blatt, DOES 1-10,
inclusive. (et) (Entered: June 27, 2008)
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| June 26, 2008 |
2
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CERTIFICATION of Interested Parties filed by Plaintiff Verne Troyer. (et) (ds). (Entered: June 27, 2008)
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| June 26, 2008 |
3
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EX PARTE APPLICATION for Temporary Restraining Order; Order to Show Cause re: preliminary injunction; Order waiving notice; Memorandum of Points and Authorities; declaration of Verne
Troyer; declaration of Tracy B. Rane filed by Plaintiff Verne Troyer. Lodged Proposed Order. (et) (ds). (Entered: June 27, 2008)
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| June 26, 2008 |
4
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MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez re: EX PARTE APPLICATION for Temporary Restraining Order 3
: Plaintiff has not met the requirements of Federal Rules of Civil Procdedure 65(b)(1)(B) because Plaintiff's attorney has not certified in writing any efforts made to give notice to
Defendants of the application for a TRO and the reasons why notice should not be required. The Court DENIES Plaintiff's ex parte application for a TRO. (See document for text of order.)
(ps) (Entered: June 27, 2008)
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| June 27, 2008 |
6
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MINUTES: (In Chambers) Order on Plaintiffs Ex Parte Application for a Temporary Restraining Order; The Court GRANTS Plaintiffs ex parte application for a Temporary Restraining Order and
also issues an Order to Show Cause to Defendants to show why preliminary injuncation should not be granted 3 . It is hereby
ordered that, pending a hearing on determination of a motion for a preliminary injunction, Defendants TMZ Productions, Inc; Sugar DVD; and Kevin Blatt and their agents, servants,
employees, officers, directors, representatives, attorneys, successors, assigns and those acting in concert with them, are temporarily restrained and enjoined. The Court will consider
Plaintiffs Ex Parte Application also as a Motion for a Preliminary Injunction. It is hereby ordered that Defendants TMZ Productions, Inc., Sugar DVD, and Kevin Blatt show cause before
this Court on 7/7/08 at 1:30 p.m. or as soon thereafter as the matter may be heard, why a Preliminary Injunction should not be issued and an Order entered enjoining Defendants and their
agents, servants, employees, officers, directors, representatives, attorneys, successors, assigns, and those acting in concert with them, during the pendancy of this action. It is further
ordered that Defendants Opposition, if any, to Plaintiffs Motion for Preliminary Injunction shall be filed and personally served on counsel for Plaintiff no later than 3:00 p.m. on July
3, 2008, at the following address: McPherson & Associates, 1801 Century Park East, 24th Floor, Los Angeles, CA 90067. It is further ordered that Plaintiff post bond in the amount of
$50,000.00, which shall be deemed adequate security for the payment of such costs and damages that may be incurred by Defendants if the relief herein is found to have been improvidently
granted. It is further ordered that Notice or Notification of Plaintiffs Subject Ex Parte Application is waived pursuant to Local Rule 7-19.2 and Federal Rule of Civil Procedure 65(b)(1).
It is further ordered that service of a copy of this Order, together with the underlying papers upon which it was based, shall be deemed good and sufficient service if made on or before
June 30, 2008 by (1) personally delivering and (2) transmitting via facsimile or e-mailing to the listed e-mail addresses, a copy of same upon Defendants at Defendants primary place of
business, or by personally delivering and transmitting via facsimile a copy of same uponDefendants registered agents for service of process. It is further ordered that this Temporary
Restraining Order shall expire at 3:00 p.m. on July 7, 2008, unless it is further extended by Order of the Court (See document for further details) IT IS SO ORDERED by Judge Philip S.
Gutierrez (ir) (Entered: June 30, 2008)
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| June 30, 2008 |
5
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STANDING ORDER regarding Newly Assigned Cases (See document for further details) by Judge Philip S. Gutierrez. (ir) (Entered: June 30, 2008)
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| June 30, 2008 |
7
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EX PARTE APPLICATION for Order for Immediately Vacating TRO as to Defendant TMZ Productions, Inc., or in the Alternative, for Stay Pending Appellate Review filed by Defendant TMZ,
Productions Inc.. (Attachments: # 1 Declaration Declarations and Exhibits)(Sager, Kelli) (Entered: June 30, 2008)
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| June 30, 2008 |
8
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CORPORATE DISCLOSURE STATEMENT filed by Defendant TMZ, Productions Inc. identifying Time Warner, Inc. as Corporate Parent. (Sager, Kelli) (Entered: June 30, 2008)
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| June 30, 2008 |
9
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NOTICE OF LODGING filed re EX PARTE APPLICATION for Order for Immediately Vacating TRO as to Defendant TMZ Productions, Inc., or in the Alternative, for Stay Pending Appellate Review
7 (Attachments: # 1 Proposed Order)(Sager, Kelli) (Entered:
06/30/2008)
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| July 1, 2008 |
10
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NOTICE OF ERRATA filed by Defendant TMZ, Productions Inc.. correcting EX PARTE APPLICATION for Order for Immediately Vacating TRO as to Defendant TMZ Productions, Inc., or in the
Alternative, for Stay Pending Appellate Review 7 (Attachments: # 1 Exhibit Ex Parte)(Sager, Kelli) (Entered: July 1, 2008)
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| July 1, 2008 |
11
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MINUTES: (In Chambers) Order Clarifying Temporary Restraining Order; On June 27, 2008, the Court entered a TRO against Defendants. Defendant TMZ hasbrought an ex parte application asking
the Court to vacate its TRO with respect to TMZ. The Court clarifies its TRO by modifying the language of term (6) of the TRO. Furthermore, because TMZ has presented uncontested evidence
that the probable co-owner of rights to the Video1, the other participant in the tape, has granted TMZ rights to display the Video, the Court vacates the TRO with respect to defendant
TMZ. II. Terms of the Temporary Restraining OrderIt is hereby ordered that, pending a hearing in determination of a motion for preliminary injunction, Defendants Sugar DVD and Kevin Blatt
and their agents, servants, employees, officers, directors, representatives, attorneys, successors, assigns, and those acting in concert with them, are temporarily restrained and enjoined
from: 1) Selling, attempting to sell, causing to be sold, permitting any other individual or entity to sell, copying, reproducing, preparing derivative works of, publishing,
disseminating, distributing, circulating any portion of the Video; 2) Further exhibiting, displaying, or broadcasting any portion of the video on the internet, television or any other
medium; 3) Selling, attempting to sell, causing to be sold, permitting any other individual or entity to sell, copying, reproducing, preparing derivative works of, publishing,
disseminating, distributing, circulating still photographs from the Video, captured images from the Video displayed on the Internet and/or any downloaded hard copies of images from the
Video;4) Taking orders for copies of the Video, or any portions thereof, through the Internet or any other means; and 5) Shipping copies of the Video, or any portions thereof, to those
purchasers who already have placed orders for copies of the Video, or to anyone else and; 6) Using Plaintiffs name, voice, photograph, or likeness, in any manner, on or in products,
merchandise, or goods or for purposes of advertising or selling, or soliciting purchases of,products, merchandise, goods, or services. Otherwise, the TRO remains in effect as the Court
described in its June 27, 2008 Order IT IS SO ORDERED by Judge Philip S. Gutierrez: (ir) (Entered: July 1, 2008)
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| July 2, 2008 |
12
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EX PARTE APPLICATION to Continue Hearing on Prelininary Injunction and Duration of Temporary Restraining Order from July 7, 2008 to July 14, 2008 filed by Plaintiff Verne Troyer.(Pine,
Pierre) (Entered: July 2, 2008)
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| July 2, 2008 |
13
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EX PARTE APPLICATION to Continue Hearing on Preliminary Injunction and Duration of Temporary Restraining Order from July 7, 2008 to July 14, 2008 filed by Plaintiff Verne Troyer.
(Attachments: # 1 Proposed Order)(Pine, Pierre) (Entered: July 2, 2008)
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| July 3, 2008 |
14
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NOTICE OF NON-OPPOSITION Response to Plaintiff's Ex Parte Application for Order Continuing Hearing on Preliminary Injunction filed by Defendant TMZ, Productions Inc.. (Sager,
Kelli) (Entered: July 3, 2008)
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| July 3, 2008 |
15
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DECLARATION re EX PARTE APPLICATION to Continue Hearing on Preliminary Injunction and Duration of Temporary Restraining Order from July 7, 2008 to July 14, 2008 13 filed by Plaintiff Verne Troyer. (Pine, Pierre) (Entered: July 3, 2008)
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| July 3, 2008 |
16
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MEMORANDUM in Opposition to EX PARTE APPLICATION for Temporary Restraining Order as to preliminary injunction EX PARTE APPLICATION for Order to Show Cause re: preliminary injunction
3 filed by Defendant TMZ, Productions Inc.. (Attachments: # 1
Declaration Declarations and Exhibits)(Sager, Kelli) (Entered: July 3, 2008)
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| July 3, 2008 |
17
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ORDER CONTINUING HEARING ON PRELIMINARY INJUNCTION AND TRO by Judge Philip S. Gutierrez, re EX PARTE APPLICATION to Continue Hearing on Prelininary Injunction and Duration of Temporary
Restraining Order from July 7, 2008 to July 14, 2008 12 : Upon consideration of the Ex Parte Application of Plaintiff Verne
Troyer (hereinafter "Troyer") for an Order to continue Hearing on the Order to show cause as to why a Preliminary Injunction should not be issued from July 7, 2008 at 1:30 p.m., until
July 14, 2008, at 1:30 p.m., and for an Order continuing the duration of the Temporary Restraining Order (which was modified by this Court on July 1, 2008), from July 7, 2008 at 3:00
p.m., until July 14, 2008 at 3:00 p.m., and good cause showing, IT IS HEREBY ORDERED that: The Hearing on the Order to show cause as to why a Preliminary Injunction should not be issued
shall be continued from July 7, 2008 at 1:30 p.m., until July 14, 2008, at 1:30 p.m. IT IS FURTHER ORDERED that: The Order continuing the Temporary Restraining Order that was entered by
this Court on June 27, 2008, as modified by this Court on July 1, 2008, shall now expire on July 14, 2008 at 3:00 p.m. IT IS FURTHER ORDERED that: Defendants' Opposition, if any, to
Plaintiffs Motion for Preliminary Injunction shall be filed and personally served on counsel for Plaintiff no later than 3:00 p.m. on July 9, 2008; Plaintiffs Reply, if any, shall be
filed and personally served on counsel for Plaintiff no later than 3:00 p.m. on July 11, 2008. (bm) (Entered: July 3, 2008)
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| July 10, 2008 |
18
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EX PARTE APPLICATION to Continue Preliminary Injunction and Duration of Temporary Restraining Order from July 14, 2008 to July 21, 2008 filed by Plaintiff Verne Troyer. (Attachments: #
1 Declaration of Tracy B. Rane, # 2 Proposed Order)(Pine, Pierre)
(Entered: July 10, 2008)
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| July 10, 2008 |
21
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ORDER CONTINUING HEARING ON PRELIMINARY INJUNCTION AND DURATION OF TEMPORARY RESTRAINING ORDER by Judge Philip S. Gutierrez upon consideration of EX PARTE APPLICATION to Continue
Preliminary Injunction and Duration of Temporary Restraining Order from July 14, 2008 to July 21, 2008 18 . The Hearing on the
Order to show cause as to why a Preliminary Injunction should not be issued shall be continued from July 14, 2008 at 1:30 p.m., until July 21, 2008, at 1:30 p.m. IT IS FURTHER ORDERED
that: The Order continuing the Temporary Restraining Order that was entered by this Court on June 27, 2008, as modified by this Court on July 1, 2008, shall now expire on July 21, 2008 at
3:00 p.m. IT IS FURTHER ORDERED that: Defendants Opposition, if any, to Plaintiffs Motion for Preliminary Injunction shall be filed and personally served on counsel for Plaintiff no later
than 3:00 p.m. on July 15, 2008; Plaintiffs Reply, if any, shall be filed and personally served on counsel for Plaintiff no later than 3:00 p.m. on July 17, 2008. (ir) (Entered:
07/14/2008)
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| July 11, 2008 |
19
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FIRST STIPULATION Extending Time to Answer the complaint as to TMZ, Productions Inc. answer now due 8/11/2008, filed by defendant TMZ, Productions Inc..(Sager, Kelli) (Entered:
07/11/2008)
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| July 14, 2008 |
20
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EX PARTE APPLICATION for Order for To Quash Deposition Subpoena filed by Third Party DOES.(Okorocha, Okorie) (Entered: July 14, 2008)
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| July 14, 2008 |
22
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MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for To Quash Deposition Subpoena 20 filed by Plaintiff Verne
Troyer. (Attachments: # 1 Declaration)(Pine, Pierre) (Entered: July 14, 2008)
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| July 17, 2008 |
23
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MINUTES OF IN CHAMBERS ORDER held before Judge Philip S. Gutierrez re ORDER TO SHOW CAUSE HEARING WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED AND AN ORDER ENTERED ENJOINING
DEFENDANTS AND THEIR AGENTS, SERVANTS, EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, ATTORNEYS, SUCCESSORS, ASSIGNS, AND THOSE ACTING IN CONCERT WITH THEM, DURING THE PENDANCY OF THIS
ACTION: PLEASE TAKE NOTICE that the hearing time on the above-referenced motion shall be at 2:30 p.m. instead of 1:30 p.m. The hearing date of July 21, 2008 shall remain as previously
scheduled. (bm) (Entered: July 17, 2008)
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