Plaintiffs seek declaratory judgment that the Berne Convention Implementation Act is unconstitutional under the Free Speech Clause of the First Amendment and that the BCIA and Copyright Term Extension Act together create an "effectively perpetual" term with respect to works first published after January 1, 1964 and before January 1, 1978, in violation of the Constitution's Progress Clause. Plaintiffs also seek preliminary and permanent injunctive relief against the criminal enforcement of § 2(b) of the No Electronic Theft Act of 1977.
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Date Filed
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#
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Docket Text
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| March 22, 2004 |
1
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CIVIL COMPLAINT FOR DECLARATORY JUDGMENT/Copyright Infringement - [Summons Issued] against John Ashcroft, Attornery General of the United States, [Filing Fee: $150.00, Receipt No.
3358037]. Filed by Plaintiffs Internet Archive, Brewster Kahle, Richard Prelinger & Prelinger Associates, Inc.. (tn, COURT STAFF) (Filed on 3/22/2004) Additional attachment(s) added
on 4/20/2004 (tn, COURT STAFF). (Entered: March 24, 2004)
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| March 22, 2004 |
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SUMMONS Issued as to Kevin V. Ryan, United States Attorney on behalf of Defendant John Ashcroft, Attorney General of the United States (tn, COURT STAFF) (Entered: March 24, 2004)
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| March 22, 2004 |
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Summons Issued as to John Ashcroft. (tn, COURT STAFF) (Filed on 3/22/2004) (Entered: March 24, 2004)
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| March 22, 2004 |
2
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ADR SCHEDULING ORDER: Case Management Statement due by 7/19/2004. Initial Case Management Conference set for 4:00 p.m. on 7/26/2004. (Attachments: # 1 Standing Order).(tn, COURT STAFF) (Filed on 3/22/2004) (Entered: March 24, 2004)
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| March 22, 2004 |
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CASE DESIGNATED for Electronic Filing. (tn, COURT STAFF) (Filed on 3/22/2004) (Entered: March 24, 2004)
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| March 22, 2004 |
3
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REPORT on the filing or determination of an action regarding Copyright Infringement. (cc: form mailed to register). (tn, COURT STAFF) (Filed on 3/22/2004) (Entered: March 24, 2004)
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| March 30, 2004 |
4
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AMENDED COMPLAINT For Declaratory Judgment against John Ashcroft. Filed by Brewster Kahle. (Granick, Jennifer) (Filed on 3/30/2004) (Entered: March 30, 2004)
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| March 31, 2004 |
5
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SERVICE OF SUMMONS Returned Executed Upon Kevin V. Ryan, United States Attorney on behalf of Defendant John Ashcroft, United States Attorney General, Served Personally to Claire Muller,
on 3/23/2004. (tn, COURT STAFF) (Filed on 3/31/2004) (Entered: March 31, 2004)
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| April 7, 2004 |
6
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Declination to Proceed Before a U.S. Magistrate Judge by John Ashcroft. (Zacharia, John) (Filed on 4/7/2004) (Entered: April 7, 2004)
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| April 8, 2004 |
7
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SERVICE OF SUMMONS Returned Executed Upon Defendant John Ashcroft, United States Attorney General, Served by Certified Mail on 3/29/2004. (tn, COURT STAFF) (Filed on 4/8/2004) (Entered:
04/09/2004)
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| April 9, 2004 |
8
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CLERK'S NOTICE To Plaintiffs' Counsel re: Failure to E-File and/or Failure to Register as an E-Filer. (tn, COURT STAFF) (Filed on 4/9/2004) (Entered: April 9, 2004)
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| April 9, 2004 |
9
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CERTIFICATE OF SERVICE by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. re 4 Amended Complaint For Declatory Judgment. (tn, COURT STAFF) (Filed on 4/9/2004)
Additional attachment(s) added on 4/20/2004 (tn, COURT STAFF). (Entered: April 12, 2004)
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| April 12, 2004 |
10
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CLERK'S NOTICE of Impending Reassignment to U.S. District Judge (ls, COURT STAFF) (Filed on 4/12/2004) (Entered: April 12, 2004)
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| April 13, 2004 |
11
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ORDER REASSIGNING CASE. Case reassigned to Judge Maxine M. Chesney for all further proceedings. Judge Bernard Zimmerman no longer assigned to case. Signed by EXECUTIVE COMMITTEE on
4/13/04. (ha, COURT STAFF) (Filed on 4/13/2004) (Entered: April 13, 2004)
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| April 15, 2004 |
12
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CASE MANAGEMENT SCHEDULING ORDER: Case Management Statement due by 7/23/2004. Case Management Conference set for 7/30/2004 10:30 AM.. Signed by Judge Maxine M. Chesney on 10/9/2002. (tl,
COURT STAFF) (Filed on 4/15/2004) (Entered: April 15, 2004)
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| April 16, 2004 |
13
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CERTIFICATE OF SERVICE by Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. Proof of Service of CMC Orders and Standing Orders (Granick, Jennifer) (Filed on 4/16/2004)
(Entered: April 16, 2004)
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| April 27, 2004 |
14
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STIPULATION Re: Extending Time to Respond to Plaintiffs' Amended Complaint by John Ashcroft. (Zacharia, John) (Filed on 4/27/2004) (Entered: April 27, 2004)
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| April 27, 2004 |
15
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Proposed Order re 14 Stipulation Extending Time to Respond to Plaintiffs' Amended
Complaint by John Ashcroft. (Zacharia, John) (Filed on 4/27/2004) (Entered: April 27, 2004)
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| April 27, 2004 |
16
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ORDER granting extension of time for defendant to respond to complaint to June 23, 2004. Signed by Judge Maxine M. Chesney on 4/27/04. (mmclc2, ) (Filed on 4/27/2004) (Entered:
04/27/2004)
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| May 5, 2004 |
18
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MOTION for leave for Admission of Attorney Lawrence Lessig to appear in Pro Hac Vice (fee paid; receipt number 3359630) filed by Internet Archive, Brewster Kahle, Richard Prelinger,
Prelinger Associates, Inc. (aaa, Court Staff) (Filed on 5/5/2004) (Entered: May 7, 2004)
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| May 5, 2004 |
19
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MOTION for leave for Admission of Attorney Christopher Sprigman to appear in Pro Hac Vice (fee paid; receipt number 3359629) filed by Internet Archive, Brewster Kahle, Richard Prelinger,
Prelinger Associates, Inc. (aaa, Court Staff) (Filed on 5/5/2004) (Entered: May 7, 2004)
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| May 6, 2004 |
17
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NOTICE by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. Disclosure of Non-Party Interested Entities or Persons (Granick, Jennifer) (Filed on
5/6/2004) (Entered: May 6, 2004)
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| May 7, 2004 |
20
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ORDER by Judge Maxine M. Chesney granting 18 Motion for Pro Hac Vice of attorney
Lawrence Lessig (tl, COURT STAFF) (Filed on 5/7/2004) (Entered: May 7, 2004)
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| May 7, 2004 |
21
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ORDER by Judge Maxine M. Chesney granting 19 Motion for Pro Hac Vice of attorney
Christopher Sprigman (tl, COURT STAFF) (Filed on 5/7/2004) (Entered: May 7, 2004)
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| May 11, 2004 |
22
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CERTIFICATE OF SERVICE by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. re: Order Granting Admission of Lessig Pro Hac Vice (Granick, Jennifer)
(Filed on 5/11/2004) (Entered: May 11, 2004)
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| May 11, 2004 |
23
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CERTIFICATE OF SERVICE by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc. re: Order Granting Admission of Sprigman Pro Hac Vice (Granick, Jennifer)
(Filed on 5/11/2004) (Entered: May 11, 2004)
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| June 23, 2004 |
24
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MOTION to Dismiss Notice of Motion and Motion to Dismiss filed by John Ashcroft. Motion Hearing set for 8/6/2004 09:00 AM. (Attachments: # 1 # 2)(Zacharia, John) (Filed on 6/23/2004) (Entered: June 23, 2004)
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| July 6, 2004 |
25
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STIPULATION Regarding Briefing Schedule and Hearing Date for 24 Defendant's Motion
to Dismiss by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc.. (Sprigman, Christopher) (Filed on 7/6/2004) Modified on 7/7/2004 (aaa, Court Staff).
(Entered: July 6, 2004)
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| July 6, 2004 |
26
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Proposed Order Establishing Briefing Schedule and Hearing Date for 24 Defendant's
Motion to Dismiss by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc.. (Sprigman, Christopher) (Filed on 7/6/2004) Modified on 7/7/2004 (aaa, Court
Staff). (Entered: July 6, 2004)
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| July 8, 2004 |
27
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STIPULATION AND ORDER establishing briefing schedule and hearing date for defendant's motion to dismiss. Opposition is due 9/7/2004 and shall be limited to 40 pages. Reply is due
10/8/2004 and shall be limited to 30 pages. The hearing is continued from August 6, 2004 to October 29, 2004. Signed by Judge Maxine M. Chesney on 7/7/2004. (mmclc2, ) (Filed on 7/8/2004)
(Entered: July 8, 2004)
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| July 8, 2004 |
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Set/Reset Deadlines as to 24 MOTION to Dismiss Notice of Motion and Motion to
Dismiss. Motion Hearing continued for 10/29/2004 09:00 AM. (aaa, Court Staff) (Filed on 7/8/2004) (Entered: July 9, 2004)
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| September 7, 2004 |
28
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Memorandum in Opposition to 24 Government's Motion to Dismiss filed by Internet
Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates, Inc.. (Sprigman, Christopher) (Filed on 9/7/2004) Modified on 9/8/2004 (aaa, Court Staff). (Entered: September 7, 2004)
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| October 8, 2004 |
29
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Reply Memorandum re 24 MOTION to Dismiss Notice of Motion and Motion to Dismiss
filed by John Ashcroft. (Zacharia, John) (Filed on 10/8/2004) (Entered: October 8, 2004)
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| October 18, 2004 |
30
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MOTION for Hearing to allow Plaintiffs' use of PowerPoint slides in hearing on motion to dismiss filed by Internet Archive, Brewster Kahle, Richard Prelinger, Prelinger Associates,
Inc.. Motion Hearing set for 10/29/2004 09:00 AM. (Attachments: # 1 Proposed Order Motion and proposed order re: use of
PowerPoint slides at Oct. 29 hearing on govt's motion to dismiss Plaintiffs' amended complaint)(Sprigman, Christopher) (Filed on 10/18/2004) (Entered: October 18, 2004)
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| October 18, 2004 |
31
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Letter from Plaintiffs Re: new authority handed down subsequent to submission of Plaintiffs' brief opposing gov't motion to dismiss. (Attachments: # 1)(Sprigman, Christopher) (Filed on 10/18/2004) (Entered: October 18, 2004)
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| October 20, 2004 |
32
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Memorandum in Opposition re 30 MOTION for Hearing to allow Plaintiffs' use of
PowerPoint slides in hearing on motion to dismiss filed by John Ashcroft. (Attachments: # 1 Proposed Order)(Zacharia, John)
(Filed on 10/20/2004) (Entered: October 20, 2004)
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| October 22, 2004 |
33
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ORDER GRANTING IN PART AND CONDITIONALLY GRANTING IN PART 30 PLAINTIFFS' MOTION TO
ALLOW USE OF POWERPOINT SLIDES; CONTINUING HEARING ON DEFENDANT'S MOTION TO DISMISS signed by Judge Maxine M. Chesney on October 22, 2004. (mmcsec, COURT STAFF) (Filed on 10/22/2004)
(Entered: October 22, 2004)
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| October 22, 2004 |
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Set/Reset Deadlines as to 24 MOTION to Dismiss Notice of Motion and Motion to
Dismiss. Motion Hearing Continued for 11/5/2004 09:00 AM. (aaa, Court Staff) (Filed on 10/22/2004) (Entered: October 25, 2004)
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| October 25, 2004 |
34
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STIPULATION REGARDING HEARING DATE FOR DEFENDANT'S MOTION TO DISMISS AND INITIAL CASE MANAGEMENT CONFERENCE DATE Date filed by Internet Archive, Brewster Kahle, Richard Prelinger,
Prelinger Associates, Inc.. Motion Hearing set for 11/5/2004 09:00 AM. (Attachments: # 1 Proposed Order Establishing Hearing
Date for Defendant's Motion to Dismiss and Initial Case Management Conference)(Sprigman, Christopher) (Filed on 10/25/2004) Modified on 10/26/2004 (aaa, Court Staff). (Entered:
10/25/2004)
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| October 25, 2004 |
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Docket Number 34 Joint Motion to Continue Hearing was erroneously e-filed by
Plaintiff(s) Attorney the true attachment is a Stipulation Regarding Hearing. The Civil Docket has been corrected to reflect the true attachment and the erroneous Motion has been
terminate. (aaa, Court Staff) (Filed on 10/25/2004) (Entered: October 26, 2004)
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| October 27, 2004 |
35
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STIPULATION AND ORDER continuing hearing on defendant's motion to dismiss to December 10, 2004 at 9:00 a.m.; continuing case management conference to February 11, 2005 at 10:30 a.m.
Signed by Judge Maxine M. Chesney on 10/27/2004. (mmclc2, COURT STAFF) (Filed on 10/27/2004) (Entered: October 27, 2004)
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| October 27, 2004 |
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Set Deadlines/Hearings:, Set/Reset Deadlines as to Case Management Conference Continued for 2/11/2005 10:30 AM. (aaa, Court Staff) (Filed on 10/27/2004) (Entered: October 28, 2004)
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| October 27, 2004 |
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Set/Reset Deadlines as to 24 MOTION to Dismiss Notice of Motion and Motion to
Dismiss. Motion Hearing Continued for 12/10/2004 09:00 AM. (aaa, Court Staff) (Filed on 10/27/2004) (Entered: October 28, 2004)
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| November 19, 2004 |
36
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ORDER by Judge Maxine M. Chesney granting 24 Motion to Dismiss. (mmclc2, COURT STAFF)
(Filed on 11/19/2004) (Entered: November 19, 2004)
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| November 30, 2004 |
37
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JUDGMENT in favor of Defendant against Plaintiff, Ashcroft's motion to dismiss is GRANTED, and the complaint is DISMISSED, in its entirety, with prejudice. (tl, COURT STAFF) (Filed on
11/30/2004) (Entered: November 30, 2004)
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| December 7, 2004 |
38
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NOTICE OF APPEAL as to 36 Order on Motion to Dismiss by Richard Prelinger, Prelinger
Associates, Inc., Brewster Kahle, Internet Archive. Filing fee $ 255.00, receipt number 3366811. (aaa, Court Staff) (Filed on 12/7/2004) Modified on 10/4/2006 (aaa, Court Staff). USCA
NUMBER: 04-17434 (Entered: December 8, 2004)
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| December 7, 2004 |
39
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REPRESENTATION STATEMENT by Richard Prelinger, Prelinger Associates, Inc., Brewster Kahle, Internet Archive (aaa, Court Staff) (Filed on 12/7/2004) (Entered: December 8, 2004)
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| December 7, 2004 |
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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CIVIL APPEALS DOCKETING STATEMENT. (aaa, Court Staff) (Filed on 12/7/2004) (Entered: December 8, 2004)
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| December 7, 2004 |
40
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CERTIFICATE OF SERVICE by Richard Prelinger, Prelinger Associates, Inc., Brewster Kahle, Internet Archive re 38 Notice of Appeal,, 39 Notice (Other) (aaa, Court Staff) (Filed on 12/7/2004) (Entered: December 8, 2004)
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| December 7, 2004 |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 38 Notice
of Appeal, (aaa, Court Staff) (Filed on 12/7/2004) (Entered: December 8, 2004)
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| December 7, 2004 |
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Certificate of Record Mailed to USCA re appeal 38 Notice of Appeal, : (aaa, Court
Staff) (Filed on 12/7/2004) (Entered: December 8, 2004)
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| December 13, 2004 |
41
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USCA Case Number 04-17434: RECEIPT OF ACKNOWLEDGMENT for 38 Notice of Appeal, filed by
Brewster Kahle, Internet Archive, Richard Prelinger, Prelinger Associates, Inc.,. (aaa, Court Staff) (Filed on 12/13/2004) (Entered: December 14, 2004)
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| June 7, 2007 |
42
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USCA JUDGMENT: On consideration whereof, it is now her ordered and adjudged by this Court, that the judgment of the said District Court in this cause be, and hereby is AFFIRMED as
to 38 Notice of Appeal, filed by Internet Archive, Brewster Kahle, Prelinger
Associates, Inc., Richard Prelinger (aaa, Court Staff) (Filed on 6/7/2007) (Entered: June 8, 2007)
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| June 8, 2007 |
43
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MANDATE of USCA: Clerk's Letter Spreading the Mandate as to 38 Notice of Appeal, filed
by Internet Archive, Brewster Kahle, Prelinger Associates, Inc., Richard Prelinger (aaa, Court Staff) (Filed on 6/8/2007) (Entered: June 8, 2007)
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