Date Filed
|
#
|
Docket Text
|
| August 31, 2006 |
1
|
Case transferred in from District of Northern California, San Francisco; Case Number C 06 0397 JSW. Original file with documents #1 through 44, certified copy of transfer order and docket
sheet received, filed by Internet Archive. (Attachments: # 1 Doc 1 - Compl
attach 26 pgs# 2 Doc 1 - Compl attach con't. 23 pgs# 3 Doc 2 - Sch Ord# 4 Doc 3 - Rpt to Register of Copyrights# 5 Doc 4 - Answer# 6 Doc 5 - Declination# 7 Doc 6 - Notice# 8 Doc 7 - Reassignment Order# 9 Doc 8 - First Amend Answer# 10 Doc 8 - Attachments# 11 Doc 9 - Order# 12 Doc 10 - Cert of Svc# 13 Doc 11 - Notice of Motion# 14 Doc 12 - Reply# 15 Doc 13 - Cert of svc# 16 Doc 14 - Amend Notice# 17 Doc 15 - Motion to Trans# 18 Doc 16 - Clerk's Notice# 19 Doc 17 - Clerk's Notice# 20 Doc 18 - Motion to Amend# 21 Doc 19 - Second Amend Answer# 22 Doc 20 - Clerk's Notice# 23 Doc 21 - Motion to Strike# 24 Doc 22 - Unopp Motion# 25 Doc 23 - Response# 26 Doc 24 - Reply# 27 Doc 25 - Opposition to Motion to Amend# 28 Doc 26 - Opposition to Motion to Trans# 29 Doc 27 - Declaration# 30 Doc 28 - Declaration# 31 Doc 28 - Declaration Attach# 32 Doc 29 - Cert of Svc# 33 Doc 30 - Reply to Response# 34 Doc 31 - Cert of Svc# 35 Doc 32 - Statement# 36 Doc 33 - Cert of Svc# 37 Doc 34 - Motion# 38 Doc 36 - Order# 39 Doc 37 - Joint Statement# 40 Doc 35 - Response Attach# 41 Doc 38 - Cert of Svc# 42 Doc 39 - Order# 43 Doc 40 - Notice# 44 Doc 41 - Notice# 45 Doc 42 - Cert of Svc# 46 Doc 43 - Stipulation and Order# 47 3/31/06 - Proposed Order# 48 4/10/06 - Proposed Order# 49 4/13/06 - Proposed Order# 50 Third Party Summons# 51 S.F. Court Docket Sheet# 52 S.F. Civil Cover Sheet# 53 S.F. Receipt# 54 Doc 44 - Letter of Transmittal)(llr, ) (Entered: September 1, 2006)
|
| August 31, 2006 |
2
|
COMPLAINT for Declaratory Relief of Copyright Non-Infringement against Suzanne Shell , filed by Internet Archive. Text only entry - no document attached.(llr, ) (Entered: September 1, 2006)
|
| August 31, 2006 |
3
|
ANSWER to Complaint and Objection to Venue and COUNTERCLAIM against Internet Archive with Jury Demand by Suzanne Shell. Text only entry - no document attached.(llr, ) (Entered: September 1, 2006)
|
| August 31, 2006 |
4
|
First AMENDED ANSWER and Objection to Venue and Counterclaim re [3] Answer to Complaint, Counterclaim by Defendant Suzanne Shell. Text only entry - no document attached. (llr, ) (Entered:
09/01/2006)
|
| August 31, 2006 |
5
|
Reply (ANSWER) to First Counterclaim by Internet Archive. Text only entry - no document attached.(llr, ) (Entered: September 1, 2006)
|
| September 1, 2006 |
6
|
Letter from Clerk to Counsel and Suzanne Shell advising of case number assigned to this transferred action. (llr, ) (Entered: September 1, 2006)
|
| September 11, 2006 |
7
|
NOTICE (Entry of Appearance) of Change of Counsel, by Lila I Bailey on behalf of Internet Archive (rlp2, ) (Entered: September 11, 2006)
|
| September 12, 2006 |
8
|
ORDER REFERRING CASE to Magistrate Judge Craig B Shaffer by Judge Babcock. (rlp2, ) (Entered: September 12, 2006)
|
| October 6, 2006 |
9
|
MOTION to Amend/Correct/Modify [3] Answer to Complaint, Counterclaim by Counter Claimant Suzanne Shell, Defendant Suzanne Shell. (Attachments: # 1 Exhibit 1# 2 Proposed Document)(rlp2, ) (Entered: October 6, 2006)
|
| October 16, 2006 |
10
|
ORDER setting Scheduling Conference for 12/11/2006 04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, signed by Magistrate Judge Craig B Shaffer on 10/16/06. (rlp, )
(Entered: October 16, 2006)
|
| October 18, 2006 |
11
|
MEMORANDUM regarding 9 MOTION to Amend/Correct/Modify [3] Answer to Complaint,
Counterclaim filed by Suzanne Shell. Motions referred to Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 10/18/06. (Text Only Entry - No Document Attached)(rlp2, ) (Entered:
10/18/2006)
|
| October 20, 2006 |
12
|
MINUTE ORDER setting Status Conference on Motion to Amend 9, set for 11/1/2006
04:00 PM in Courtroom A 402 before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 10/20/06. (rlp2, ) (Entered: October 20, 2006)
|
| October 25, 2006 |
13
|
MOTION for Leave to Appear Plaintiff Internet Archive's Unopposed Motion for Lead Counsel to Appear at November 1, 2006 Status Conference Telephonically by Counter Defendant Internet
Archive, Plaintiff Internet Archive. (Wilson, Kenneth) (Entered: October 25, 2006)
|
| October 26, 2006 |
14
|
SECOND ORDER resetting Scheduling Conference for 12/20/2006 08:30 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, signed by Magistrate Judge Craig B Shaffer on 10/26/06.
(rlp2, ) (Entered: October 26, 2006)
|
| October 26, 2006 |
15
|
MEMORANDUM regarding 13 MOTION for Leave to Appear Plaintiff Internet
Archive's Unopposed Motion for Lead Counsel to Appear at November 1, 2006 Status Conference Telephonically filed by Internet Archive. Motions referred to Magistrate Judge Craig B
Shaffer by Judge Lewis T. Babcock on 10/26/06. (Text Only Entry - No Document Attached)(rlp2, ) (Entered: October 26, 2006)
|
| October 27, 2006 |
16
|
MINUTE ORDER granting 13 Motion for Leave to Appear Telephonically, by
Magistrate Judge Craig B Shaffer on 10/27/06.(rlp2, ) (Entered: October 30, 2006)
|
| November 1, 2006 |
17
|
Minute Entry for proceedings held before Judge Craig B Shaffer : granting 9
Motion to Amend; Motion Hearing held on 11/1/2006 ; Set/Reset Deadlines: Proposed Pretrial Order due by 12/13/2006. (Court Reporter Ellen Miller FTR.) (rlp2, ) (Entered: November 2, 2006)
|
| November 1, 2006 |
18
|
AMENDED ANSWER to Complaint, accepted per 17, THIRD PARTY COMPLAINT against
Brewster Kahle, Kathleen Burch, Rick Prelinger, COUNTERCLAIM against Internet Archive by Defendant Suzanne Shell, Plaintiff Internet Archive. (rlp2, ) (Entered: November 2, 2006)
|
| November 2, 2006 |
19
|
CERTIFICATE of Mailing by Clerk of Court re 18 Amended Answer to Complaint,
Third Party Complaint, Counterclaim, 17 Order on Motion to
Amend/Correct/Modify, Motion Hearing. (rlp2, ) (Entered: November 2, 2006)
|
| November 16, 2006 |
20
|
MOTION to Dismiss Counterclaims by Plaintiff Internet Archive. (Attachments: # 1 Appendix Appendix of Unpublished Cases)(Wilson, Kenneth) (Entered: November 16, 2006)
|
| November 17, 2006 |
21
|
TRANSCRIPT of Status Conference held on 11/01/06 before Judge Shaffer. Prepared by: Avery Woods Court Reporting. Pages: 1-11. (certified copy) Text Only Entry - Per statute, copies of
transcripts are available for inspection in the clerk's office. Parties interested in a copy may contact the court reporter or, in the case of a transcript prepared from a digital-audio
taped record, the courtroom deputy for the judicial officer. (rlp, ) (Modified on 11/20/2006 to remove pdf order attached in error) (lam, ). (Entered: November 20, 2006)
|
| November 20, 2006 |
22
|
Docket Annotation re: [21] Transcript. Incorrect document coded into docket entry due to error of the clerk, entry should be Text only entry. Text only entry - no document attached. (rlp, )
(Entered: November 20, 2006)
|
| November 29, 2006 |
23
|
MINUTE ORDER resetting Scheduling Conference for 1/10/2007 10:00 AM in Courtroom A 402 before Magistrate Judge Craig B Shaffer, by Magistrate Judge Craig B Shaffer on 11/29/06. (rlp, )
(Entered: November 30, 2006)
|
| December 8, 2006 |
24
|
RESPONSE to Motion re 20 MOTION to Dismiss Counterclaims filed by
Counter Claimant, ThirdParty Plaintiff, Defendant Suzanne Shell. (rlp2, ) (Entered: December 8, 2006)
|
| December 11, 2006 |
25
|
Mail Returned as Undeliverable Addressed to Kathleen Burch. (rlp, ) (Entered: December 11, 2006)
|
| December 26, 2006 |
26
|
REPLY to Response to Motion re 20 MOTION to Dismiss Counterclaims
Internet Archive's Reply to Suzanne Shell's Opposition to Motion to Dismiss Counterclaims filed by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Wilson, Kenneth)
(Entered: December 26, 2006)
|
| January 3, 2007 |
27
|
MOTION for Leave to Appear Plaintiff Internet Archive's Unopposed Motion for Counsel to Appear at January 10, 2007 Scheduling Conference Telephonically by Counter Defendant Internet
Archive, Plaintiff Internet Archive. (Wilson, Kenneth) (Entered: January 3, 2007)
|
| January 3, 2007 |
28
|
MOTION for Order to Scheduling Order by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Wilson, Kenneth) (Entered: January 3, 2007)
|
| January 4, 2007 |
29
|
MEMORANDUM regarding 27 MOTION for Leave to Appear Plaintiff Internet
Archive's Unopposed Motion for Counsel to Appear at January 10, 2007 Scheduling Conference Telephonically filed by Internet Archive. Motions referred to Magistrate Judge Craig B Shaffer
by Judge Lewis T. Babcock on 01/04/07. (Text Only Entry - No Document Attached)(rlp, ) (Entered: January 4, 2007)
|
| January 4, 2007 |
30
|
Verified Unopposed MOTION to Amend Scheduling Order re: 1 Case Transferred In
- District Transfer, by Counter Claimant/ThirdParty Plaintiff/ Defendant Suzanne Shell. (pap, ) (Entered: January 5, 2007)
|
| January 5, 2007 |
31
|
MINUTE ORDER Granting 27 Plaintiff's Unopposed Motion for Counsel to Appear
by Telephone at the 1/10/07 Scheduling Conference; Denying as document is actually a proposed scheduling order, 28 Motion for Order to Scheduling Order. Entered by Magistrate Judge Craig B Shaffer
on 1/5/07.(pap, ) (Entered: January 5, 2007)
|
| January 5, 2007 |
32
|
BRIEF in Opposition re 30 MOTION to Amend/Correct/Modify 1 Case Transferred In - District Transfer,,,,,,, INTERNET ARCHIVE'S OPPOSITION TO
SHELL'S MOTION TO AMEND SCHEDULING ORDER filed by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Bailey, Lila) (Entered: January 5, 2007)
|
| January 5, 2007 |
33
|
DECLARATION of LILA I. BAILEY regarding Brief in Opposition to Motion, 32 by Counter Defendant Internet Archive, Plaintiff Internet Archive. (Attachments: #
1 Exhibit Exhibit 1# 2 Exhibit Exhibit 2# 3 Exhibit Exhibit 3)(Bailey, Lila) (Entered: January 5, 2007)
|
| January 5, 2007 |
34
|
CERTIFICATE of Mailing/Service re 33 Declaration, 32 Brief in Opposition to Motion, by Counter Defendant Internet Archive, Plaintiff
Internet Archive. (Bailey, Lila) (Entered: January 5, 2007)
|
| January 9, 2007 |
35
|
MEMORANDUM regarding 30 MOTION to Amend/Correct/Modify 1 Case Transferred In - District Transfer filed by Suzanne Shell.Motions referred to
Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 01/09/07. (Text Only Entry - No Document Attached)(rlp, ) (Entered: January 9, 2007)
|
| January 10, 2007 |
36
|
NOTICE of Entry of Appearance by Leonard H. MacPhee on behalf of Internet Archive(a California 501(c)(3) non-profit organization) (MacPhee, Leonard) (Entered: January 10, 2007)
|
| January 10, 2007 |
37
|
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Scheduling Conference held on 1/10/2007: Denying 30 Motion to Amend/Correct/Modify. Discovery due by 8/1/2007; Dispositive Motions due
by 9/14/2007; Settlement Conference set for 3/23/2007 at 1:30 p.m. in Courtroom A 402 before Magistrate Judge Craig B Shaffer; Final Pretrial Conference set for 1/8/2008 at 9:15 a.m. in
Courtroom A 402 before Magistrate Judge Craig B Shaffer. (Court Reporter FTR - Ben Van Dyke) (cbscd) (Entered: January 11, 2007)
|
| January 10, 2007 |
38
|
SCHEDULING ORDER: Discovery due by 8/1/2007.,Dispositive Motions due by 9/14/2007., Settlement Conference set for 3/23/2007 01:30 PM before Magistrate Judge Craig B Shaffer., Final Pretrial
Conference set for 1/8/2008 09:15 AM before Magistrate Judge Craig B Shaffer.. Signed by Magistrate Judge Craig B Shaffer on 01/10/07. (rlp, ) (Entered: January 11, 2007)
|
| January 18, 2007 |
39
|
MINUTE ORDER confirming that an eight day Jury Trial is set for 5/12/2008 08:30 AM in Courtroom A 201 before Chief Judge Lewis T. Babcock, and Final Trial Preparation Conference is set for
4/17/2008 at 08:00 AM before Chief Judge Lewis T. Babcock, by Judge Lewis T. Babcock on 01/18/07. (rlp, ) (Entered: January 18, 2007)
|
| January 26, 2007 |
40
|
Joint STATUS REPORT by Plaintiff Internet Archive. (Wilson, Kenneth) (Entered: January 26, 2007)
|
| February 6, 2007 |
41
|
WAIVER OF SERVICE Returned Executed. Brewster Kahle waiver sent on 12/27/2006, answer due 2/26/2007. (pap, ) (Entered: February 7, 2007)
|
| February 6, 2007 |
42
|
WAIVER OF SERVICE Returned Executed by Internet Archive. Kathleen Burch waiver sent on 12/27/2006, answer due 2/26/2007. (pap, ) (Entered: February 7, 2007)
|
| February 6, 2007 |
43
|
WAIVER OF SERVICE Returned Executed. Rick Prelinger waiver sent on 12/27/2006, answer due 2/26/2007. (pap, ) (Entered: February 7, 2007)
|
| February 13, 2007 |
44
|
ORDER Granting in part and Denying in part 20 Internet Archive's MOTION to
Dismiss Shell's Counterclaims. Signed by Judge Lewis T. Babcock on 2/13/07.(pap, ) (Entered: February 13, 2007)
|
| February 23, 2007 |
45
|
STIPULATION for Extension of Time STIPULATION TO EXTEND TIME FOR INDIVIDUAL COUNTERCLAIM DEFENDANTS TO ANSWER COUNTERCLAIMS by Plaintiff Internet Archive, Third Party Defendants
Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael) (Entered: February 23, 2007)
|
| February 23, 2007 |
46
|
CERTIFICATE OF SERVICE re 45 Stipulation for Extension of Time by Plaintiff
Internet Archive, Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger (Rubin, Michael) (Entered: February 23, 2007)
|
| February 23, 2007 |
47
|
Utility Setting/Resetting Deadlines/Hearings: Brewster Kahle answer due 3/12/2007; Kathleen Burch answer due 3/12/2007; Rick Prelinger answer due 3/12/2007. [Text only entry - no document
attached]. (dln, ) (Entered: February 26, 2007)
|
| February 26, 2007 |
48
|
MINUTE ORDER: Granting 45 Stipulation for Extension of Time. Brewster Kahle
answer due 3/12/2007; Kathleen Burch answer due 3/12/2007; Rick Prelinger answer due 3/12/2007 by Judge Lewis T. Babcock on 2/26/07. (dln, ) (Entered: February 26, 2007)
|
| March 12, 2007 |
49
|
MOTION to Dismiss for Lack of Jurisdiction by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Rubin, Michael) (Entered: March 12, 2007)
|
| March 12, 2007 |
50
|
DECLARATION of Michael Rubin regarding MOTION to Dismiss for Lack of Jurisdiction49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin,
Michael) (Entered: March 12, 2007)
|
| March 12, 2007 |
51
|
DECLARATION of Brewster Kahle regarding MOTION to Dismiss for Lack of Jurisdiction49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin,
Michael) (Entered: March 12, 2007)
|
| March 12, 2007 |
52
|
DECLARATION of Kathleen Burch regarding MOTION to Dismiss for Lack of Jurisdiction49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin,
Michael) (Entered: March 12, 2007)
|
| March 12, 2007 |
53
|
DECLARATION of Richard Prelinger regarding MOTION to Dismiss for Lack of Jurisdiction49 by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin,
Michael) (Entered: March 12, 2007)
|
| March 12, 2007 |
54
|
CERTIFICATE of Mailing/Service re 49 MOTION to Dismiss for Lack of
Jurisdiction by Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger. (Rubin, Michael) (Entered: March 12, 2007)
|
| March 21, 2007 |
55
|
STIPULATION for Extension of Time For Defendant To Respond To Counterclaims Defendants' Motion To Dismiss by Counter Claimant Suzanne Shell, Counter Defendant Internet Archive,
Plaintiff Internet Archive, Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger, ThirdParty Plaintiff Suzanne Shell, Defendant Suzanne Shell. (Rubin, Michael) (Entered:
03/21/2007)
|
| March 21, 2007 |
56
|
STIPULATION for Extension of Time For Defendant To Respond To Counterclaims Defendants' Motion To Dismiss by Counter Claimant Suzanne Shell, Counter Defendant Internet Archive,
Plaintiff Internet Archive, Third Party Defendants Brewster Kahle, Kathleen Burch, Rick Prelinger, ThirdParty Plaintiff Suzanne Shell, Defendant Suzanne Shell. (Rubin, Michael) (Entered:
03/21/2007)
|
| March 21, 2007 |
57
|
CERTIFICATE of Mailing/Service re 56 Stipulation for Extension of Time,
For Defendant To Respond To Counterclaims Defendants' Motion To Dismiss by Plaintiff Internet Archive. (Rubin, Michael) (Entered: March 21, 2007)
|
| March 26, 2007 |
58
|
MINUTE ORDER: Telephonic Status Conference set for 4/2/2007 11:30 AM before Magistrate Judge Craig B Shaffer by Magistrate Judge Craig B Shaffer on 3/23/07. (dln, ) (Entered: March 26, 2007)
|
| March 26, 2007 |
59
|
Unopposed MOTION For Extension of Time to Extend Discovery and Motion Deadlines by Plaintiff Internet Archive. (Rubin, Michael) (Entered: March 26, 2007)
|
| March 27, 2007 |
60
|
MEMORANDUM regarding 59 Unopposed MOTION For Extension of Time to Extend
Discovery and Motion Deadlines filed by Internet Archive. Motion referred to Magistrate Judge Craig B Shaffer by Judge Lewis T. Babcock on 3/27/07. (Text Only Entry - No Document
Attached)(pap2, ) (Entered: March 27, 2007)
|
| March 27, 2007 |
61
|
Minute Entry for proceedings held before Judge Craig B Shaffer : Settlement Conference held on 3/27/2007. No settlement was reached. (pap, ) (Entered: March 27, 2007)
|
| April 2, 2007 |
62
|
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Telephonic Status Conference held on 4/2/2007: Denying for the reasons stated on the record
59 Motion for Extension of Time. (Court Reporter FTR - Ben Van Dyke) (cbscd)
(Entered: April 2, 2007)
|
| April 6, 2007 |
63
|
Courtroom Minutes/Minute Order for proceedings held before Magistrate Judge Craig B Shaffer. Telephonic Status Conference held on 4/6/2007: The oral motion to extend deadlines is granted.
Dismissal Paper due by 4/30/2007. (Court Reporter FTR - Ben Van Dyke) (cbscd) (Entered: April 9, 2007)
|
| April 24, 2007 |
64
|
STIPULATION of Dismissal of Case Joint Stipulated Dismissal of Complaint and Counterclaims With Prejudice by Plaintiff Internet Archive. (Rubin, Michael) (Entered: April 24, 2007)
|
| April 30, 2007 |
65
|
ORDER DISMISSING CASE on the Joint Stipulated Dismissal of Complaint and Counterclaims With Prejudice. it is therefore ORDERED that this matter shall be DISMISSED WITH PREJUDICE, each party
to pay their own fees and costs. Signed by Chief Judge Lewis T. Babcock on 4/30/07. (erv, ) (Entered: April 30, 2007)
|
| May 29, 2007 |
66
|
REPORT on the determination of an action mailed to Register of Copyrights. (llr, ) (Entered: May 29, 2007)
|
