Hernandez v. Internet Gaming Entertainment, Ltd et al

Plaintiff suing Internet Gaming Entertainment (IGE) for selling World of Warcraft® virtual property generated by cheap labor in third world countries (i.e., gold farming). Plaintiff alleges that gold farming diminishes the enjoyment and satisfaction of consumers and violates the World of Warcraft® TOS.
Plaintiff:Antonio Hernandez
Defendant:IGE U.S. LLC
 
Case Number:1:2007cv21403
Filed:June 1, 2007
 
Court:Florida Southern District Court
Office:Miami Office [ Court Info ]
County:Miami-Dade
Presiding Judge:Judge James I. Cohn
Referring Judge:Magistrate Judge Lurana S. Snow
 
Nature of Suit:Contract - Other Contract
Cause:28:1332 Diversity-Breach of Contract
Jurisdiction:Diversity
Jury Demanded By:Plaintiff
Date Filed # Docket Text
June 1, 2007 1 COMPLAINT against all defendants Filing fee $ 350. Receipt#: 960687, filed by Antonio Hernandez.(el) (Entered: June 1, 2007)
June 12, 2007 2 ORDER REFERRING CASE to Magistrate Judge Lurana S. Snow for Scheduling Matters and Pretrial Discovery Matters. Jury Trial set for 3/10/2008 at 09:00 AM in Fort Lauderdale Division before Judge James I. Cohn. Calendar Call set for 3/6/2008 at 01:30 PM in Fort Lauderdale Division before Judge James I. Cohn.Signed by Judge James I. Cohn on 6/12/2007.(vt) (Entered: 06/14/2007)
July 11, 2007 3 MOTION for Limited Appearance of Donald E. Haviland, Jr., Consent to Designation and Request to Electronically Receive Notices of Electronic Filings, Filing Fee $75, Receipt #540450. (cw) (Entered: July 12, 2007)
July 24, 2007 4 ORDER GRANTING 3 Motion to Appear Pro Hac Vice. Donald Haviland, Esq. is hereby permitted to enter a limited appearance for purposes of representing the plaintiff Antonio Hernandez in this cause; C. Richard Newsome, Esq. is designated as local counsel. Signed by Magistrate Judge Lurana S. Snow on 7/24/07. (jz) (Entered: July 24, 2007)
August 17, 2007 5 AMENDED COMPLAINT, filed by Antonio Hernandez. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Newsome, C.) (Entered: August 17, 2007)
August 23, 2007 6 Summons Issued as to Internet Gaming Entertainment, Ltd, IGE U.S. LLC. (pa) (Entered: August 24, 2007)
August 29, 2007 7 Plaintiff's MOTION for Appointment of Special Process Server by Antonio Hernandez. Responses due by 9/13/2007 (Newsome, C.) (Entered: August 29, 2007)
August 29, 2007 8 Plaintiff's MOTION Extension of Time to Serve Defendant Internet Gaming Entertainment, Ltd. by Antonio Hernandez. (Newsome, C.) (Entered: August 29, 2007)
August 31, 2007 9 ORDER granting in part and denying in part 8 Motion for Extension of Time to Serve. Signed by Judge James I. Cohn on 8/31/07. (lc1) (Entered: August 31, 2007)
September 14, 2007 10 SUMMONS Returned Executed by Antonio Hernandez. IGE U.S. LLC served on 9/5/2007, answer due 9/25/2007. (Newsome, C.) (Entered: September 14, 2007)
September 20, 2007 11 SUMMONS Returned Executed by Antonio Hernandez. IGE U.S. LLC served on 9/4/2007, answer due 9/25/2007. (Newsome, C.) (Entered: September 20, 2007)
September 25, 2007 12 Order directing Clerk to transfer case; pursuant to Administrative Order No. 2007-42, the Magistrate Judge assigned shall be Magistrate Judge Barry S. Seltzer. Case reassigned to Judge Barry S. Seltzer for all further proceedings. Signed by Judge James I. Cohn on 09/24/2007.(bs) (Entered: September 25, 2007)
September 25, 2007 13 MOTION for Extension of Time to File Answer re 5 Amended Complaint or Otherwise Plead in Response by IGE U.S. LLC. (Attachments: # 1 Text of Proposed Order Exhibit A)(Maloney, Christopher) (Entered: September 25, 2007)
September 26, 2007 14 ORDER granting 13 Motion for Extension of Time to Answer. IGE U.S. LLC response due 10/25/2007. ORDER Continuing Trial Date.Signed by Judge James I. Cohn on 9/26/07. (lc1) (Entered: September 26, 2007)
September 26, 2007 Set/Reset Trial Management Order Deadlines: Jury Trial set for three week period commencing 8/4/2008 in Fort Lauderdale division. Calendar Call reset for 7/31/2008 at 1:30 PM in Fort Lauderdale Division before Judge James I. Cohn. (lc1) (Entered: September 26, 2007)
October 3, 2007 15 Summons Returned Unexecuted by Antonio Hernandez as to IGE U.S. LLC. (Newsome, C.) (Entered: October 3, 2007)
October 10, 2007 16 ORDER Setting Scheduling Conference for October 31, 2007. Please see Order for details.Signed by Magistrate Judge Barry S. Seltzer on 10/10/07.(lc2) (Entered: October 10, 2007)
October 10, 2007 Set/Reset Hearings per Order at DE #16: Scheduling Conference set for 10/31/2007 03:00 PM in Fort Lauderdale Division before Judge James I. Cohn. (bb) (Entered: October 12, 2007)
October 18, 2007 17 Joint MOTION to Reschedule Scheduling Conference by Antonio Hernandez. (Newsome, C.) (Entered: October 18, 2007)
October 18, 2007 18 NOTICE of Compliance Joint Statement Certifying Conferral in Accordance with Order Setting Scheduling Conference by Antonio Hernandez (Newsome, C.) (Entered: October 18, 2007)
October 18, 2007 19 ORDER Granting Joint Motion to Reschedule Scheduling Conference [DE 17]. Please see Order for details. Signed by Magistrate Judge Barry S. Seltzer on 10/18/07. (lc2) (Entered: October 18, 2007)
October 25, 2007 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue by IGE U.S. LLC. Responses due by 11/8/2007 (Attachments: # 1 Exhibit A)(Richburg, Scott) (Entered: October 25, 2007)
October 25, 2007 21 ALTERNATIVE MOTION to Dismiss any Non-Arbitrable Claims for Improper Venue by IGE U.S. LLC. Responses due by 11/8/2007 [See Image at DE #20](ls) (Entered: October 26, 2007)
October 26, 2007 22 NOTICE of Docket Correction and Instruction to Filer: re 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue filed by IGE U.S. LLC, Error: Motion with Multiple Reliefs Filed as One Relief. Instruction To Filer= In the future please select all applicable Reliefs; (ls) (Entered: October 26, 2007)
November 7, 2007 23 Unopposed MOTION for Extension of Time to File Response as to 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue by Antonio Hernandez. (Newsome, C.) (Entered: November 7, 2007)
November 8, 2007 24 MINUTE ORDER granting 23 Motion for Extension of Time to Respond re 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue. Response due by 11/21/2007. Signed by Judge James I. Cohn on 11/8/07 (paperless order). (lc1) (Entered: November 8, 2007)
November 15, 2007 25 ORDER Requiring Mediation. Please see Order for Details. Signed by Magistrate Judge Barry S. Seltzer on 11/15/07.(lc2) (Entered: November 15, 2007)
November 15, 2007 26 Minute Entry for proceedings held before Judge Barry S. Seltzer : Scheduling Conference held on 11/15/2007. Parties present, scheduling order to follow. (Tape #BSS-07-234-560.) (at) (Entered: November 16, 2007)
November 16, 2007 27 SCHEDULING ORDER: Jury Trial set for 4/4/2008 in Fort Lauderdale Division before Judge James I. Cohn. Fact Discovery due by 5/9/2008. Motions in limine due by 7/18/2008. Pretrial Motions due by 6/6/2008. Pretrial Stipulation due by 7/25/2008.Signed by Magistrate Judge Barry S. Seltzer on 11/15/07.(lk) (Entered: November 16, 2007)
November 21, 2007 28 RESPONSE in Opposition re 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue filed by Antonio Hernandez. (Newsome, C.) (Entered: November 21, 2007)
November 29, 2007 29 SUPPLEMENT to 28 Response in Opposition to Motion by Antonio Hernandez. (Attachments: # 1 Exhibit A)(Newsome, C.) (Entered: November 29, 2007)
November 30, 2007 30 NOTICE of Instruction to Filer: re 29 Supplement filed by Antonio Hernandez, Error: Wrong Event Selected; Instruction to Filer=In the future please select the proper Event, i.e. Notice of Supplemental Authority; (ls) (Entered: November 30, 2007)
November 30, 2007 31 Unopposed MOTION for Extension of Time to File Reply as to 28 Response in Opposition to Motion by IGE U.S. LLC. (Maloney, Christopher) (Entered: November 30, 2007)
November 30, 2007 32 NOTICE by Antonio Hernandez of Agreed Upon Mediator (Newsome, C.) Modified on 12/3/2007 (ls). "Wrong Event Used, Re-docketed as Entry ( 34 ); Notice of Mediator Selection". (Entered: November 30, 2007)
November 30, 2007 33 MINUTE ORDER granting 31 Motion for Extension of Time to Reply in support of 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue. Reply due by 12/10/2007. Signed by Judge James I. Cohn on 11/30/07 (paperless order). (lc1) (Entered: November 30, 2007)
November 30, 2007 34 NOTICE of Mediator Selection: Terry White, and Rodney Max added. [See Image at DE #32](ls) (Entered: December 3, 2007)
December 3, 2007 35 NOTICE of Docket Correction and Instruction to Filer: re 32 Notice (Other) filed by Antonio Hernandez, Error: Wrong Event Selected; Correction=Redocketed as Notice of Mediator Selection. Instruction to Filer=In the future please select the proper Event; under "Other Filings" "Mediation Documents". (ls) (Entered: December 3, 2007)
December 10, 2007 36 MOTION to Withdraw Document 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper Venue, Unopposed MOTION for Extension of Time to File Answer re 5 Amended Complaint by IGE U.S. LLC. Responses due by 12/24/2007 (Richburg, Scott) (Entered: December 10, 2007)
December 11, 2007 37 MINUTE ORDER granting 36 Motion to Withdraw 20 Motion to Stay and 21 Motion to Dismiss, Order granting 36 Motion for Extension of Time to Answer. Defendant IGE U.S. LLC Answer to Amended Complaint due 1/3/2008. Order denying as moot 20 Motion to Stay and denying as moot 21 Motion to Dismiss. Signed by Judge James I. Cohn on 12/11/07 (paperless order). (lc1) (Entered: December 11, 2007)
December 11, 2007 38 NOTICE of Instruction to Filer: re 36 MOTION to Withdraw Document 20 MOTION to Stay This Action Pending Arbitration, or Alternatively, Motion to Dismiss Any Non-Arbitrable Claims for Improper VenueUnopposed MOTION for Extension of Time to File Answer re 5 Amended ComplaintUnopposed MOTION for Extension of Time to File Answer re 5 Amended Complaint filed by IGE U.S. LLC, Error: Wrong Event Selected; Instruction to Filer=In the future please select the proper Event, i.e. Withdrawal of Motion; (ls) (Entered: December 11, 2007)
December 21, 2007 39 MOTION Drop A Party Internet Gaming Entertainment, Ltd. by Antonio Hernandez. (Newsome, C.) (Entered: December 21, 2007)
December 27, 2007 40 ORDER granting 39 Motion to DROP PARTY. Signed by Judge James I. Cohn on 12/26/07. (lk) (Entered: December 27, 2007)
January 3, 2008 41 ANSWER to Amended Complaint by IGE U.S. LLC.(Richburg, Scott) (Entered: January 3, 2008)
March 31, 2008 42 STIPULATION FOR SUBSITUTION OF COUNSEL by IGE U.S. LLC. (Attachments: # 1 Text of Proposed Order Proposed Order on Stipulation for Substitution of Counsel)(Miller, James) (Entered: March 31, 2008)
April 2, 2008 43 ORDER on 42 Stipulation filed by IGE U.S. LLC, substituting Attorney James Michael Miller for IGE U.S. LLC added, Attorney Christopher Ryan Maloney and Scott David Richburg terminated. Signed by Judge James I. Cohn on 4/2/08.(lc1) (Entered: April 2, 2008)
April 2, 2008 Attorney Christopher Ryan Maloney and Scott David Richburg terminated per Order at DE 43 . Sent terminated attorney(s) instructions for tracking future case activity. (bb) (Entered: April 4, 2008)
April 17, 2008 44 Joint MOTION to Amend/Correct 27 Scheduling Order with Incorporated Memorandum of Law by Antonio Hernandez, IGE U.S. LLC. Responses due by 5/1/2008 (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E# 6 Exhibit F)(Heywood, Samuel) Modified on 4/21/2008 (lk). (Entered: April 17, 2008)
April 17, 2008 45 Joint MOTION for Hearing on Status with Incorporated Memorandum of Law by Antonio Hernandez, IGE U.S. LLC. (Heywood, Samuel) (Entered: April 17, 2008)
April 18, 2008 46 ORDER granting in part and denying in part 44 Motion to Amend/Correct Scheduling Order, denying as moot 45 Motion for Hearing. Signed by Judge James I. Cohn on 4/18/08. (lc1) (Entered: April 18, 2008)
May 19, 2008 47 Plaintiff's MOTION to Certify Class by Antonio Hernandez. Responses due by 6/3/2008 (Newsome, C.) (Entered: May 19, 2008)
May 19, 2008 48 MEMORANDUM OF LAW in Support of Plaintiff's Motion for Class Certification by Antonio Hernandez. (Newsome, C.) (Entered: May 19, 2008)
May 19, 2008 49 STIPULATION (Joint) for Entry of Protective Order with Incorporated Order Granting and Adopting Joint Stipulation as Order of Court by IGE U.S. LLC. (Miller, James) (Entered: 05/19/2008)
May 19, 2008 50 ORDER entering parties' stipulated protective order [DE 49]. Please see Order for details.Signed by Magistrate Judge Barry S. Seltzer on 5/19/08.(lc2) (Entered: May 19, 2008)
May 30, 2008 51 Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion for Class Certification by IGE U.S. LLC. (Heywood, Samuel) (Entered: May 30, 2008)
May 31, 2008 52 MINUTE ORDER granting 51 Motion for Extension of Time to Respond re 47 Plaintiff's MOTION to Certify Class. Response due by 6/13/2008. Signed by Judge James I. Cohn on 5/31/08 (paperless order). (lc1) (Entered: May 31, 2008)
June 13, 2008 53 RESPONSE in Opposition re 47 Plaintiff's MOTION to Certify Class filed by IGE U.S. LLC. (Attachments: # 1 Exhibit A, Part 1 of 5, # 2 Exhibit A, Part 2 of 5, # 3 Exhibit A, Part 3 of 5, # 4 Exhibit A, Part 4 of 5, # 5 Exhibit A, Part 5 of 5)(Heywood, Samuel) (Entered: June 13, 2008)
June 13, 2008 54 NOTICE by IGE U.S. LLC of Filing Declaration of Samuel S. Heywood (Attachments: # 1 Declaration of Samuel Heywood, # 2 Exhibit A to Declaration of Samuel Heywood, # 3 Exhibit B (Part 1 of 2) to Declaration of Samuel Heywood, # 4 Exhibit B (Part 2 of 2) to Declaration of Samuel Heywood, # 5 Exhibit C to Declaration of Samuel Heywood, # 6 Exhibit D to Declaration of Samuel Heywood, # 7 Exhibit E to Declaration of Samuel Heywood, # 8 Exhibit F to Declaration of Samuel Heywood)(Heywood, Samuel) (Entered: June 13, 2008)
June 13, 2008 55 NOTICE by IGE U.S. LLC of Filing Declaration of Brock J. Pierce (Attachments: # 1 Declaration of Brock Pierce)(Heywood, Samuel) (Entered: June 13, 2008)
June 18, 2008 56 Unopposed MOTION for Extension of Time to File Reply as to 53 Response in Opposition to Motion, for Class Certification by Antonio Hernandez. (Attachments: # 1 Exhibit A)(Newsome, C.) (Entered: 06/18/2008)
June 23, 2008 57 MINUTE ORDER granting 56 unopposed Motion for Extension of Time to File Reply, due to taking of deposition of Brock Pierce. Reply due 7/18/08. Signed by Judge James I. Cohn on 6/23/08 (paperless order). (lc1) (Entered: June 23, 2008)
July 3, 2008 58 Plaintiff's MOTION to Compel Answers to Plaintiff's Requests for Production of Documents and Interrogatories, and for Extension of Discovery Limits by Antonio Hernandez. Responses due by 7/21/2008 (Newsome, C.) (Entered: July 3, 2008)
July 3, 2008 59 MEMORANDUM OF LAW in Support of Motion to Compel Answers to Plaintiff's Requests for Production of Documents and Interrogatories, and for Extension of Discovery Limits by Antonio Hernandez. (Newsome, C.) (Entered: July 3, 2008)
July 3, 2008 60 AFFIDAVIT signed by : Donald E. Haviland, Jr., In Support of Plaintiff's Motion to Compel Discovery. re 58 Plaintiff's MOTION to Compel Answers to Plaintiff's Requests for Production of Documents and Interrogatories, and for Extension of Discovery Limits, 59 Memorandum of Law by Antonio Hernandez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Newsome, C.) (Entered: July 3, 2008)
Docket Report Last Checked: July 3, 2008 20:15:51 PDT
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Plaintiff: Antonio Hernandez
Represented By: C. Richard Newsome, Donald E. Haviland, Jr.
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Defendant: IGE U.S. LLC
Represented By: Scott David Richburg, Christopher Ryan Maloney
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