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Date Filed
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#
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Docket Text
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| April 27, 2007 |
1
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COMPLAINT against all defendants, filed by Plaintiff, NERDS ON CALL, INC.. (Attachments: # 1 Letter dated November 15, 2004#
2 Letter dated January 19, 2005)(DWH) (Entered: April 27, 2007)
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| April 27, 2007 |
2
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CIVIL COVER SHEET, filed by Plaintiff NERDS ON CALL, INC.. (DWH) (Entered: April 27, 2007)
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| April 27, 2007 |
3
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RECEIPT #IP001117 in the amount of $ 350.00 for the filing fee (DWH) (Entered: April 27, 2007)
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| April 27, 2007 |
4
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MAGISTRATE JUDGE's NOTICE of Availability to Exercise Jurisdiction issued. (DWH) (Entered: April 27, 2007)
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| April 27, 2007 |
5
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Summons Issued as to Defendants, INTERNET BILLING SERVICES, INC. and RYAN ELDRIDGE. (DWH) (Entered: April 27, 2007)
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| April 27, 2007 |
6
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NOTICE of Appearance by Theodore John Minch on behalf of Plaintiff NERDS ON CALL, INC.. (DWH) (Entered: April 27, 2007)
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| August 27, 2007 |
7
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RETURN of Service, filed by NERDS ON CALL, INC.. INTERNET BILLING SERVICES, INC. served on 8/16/2007. (Minch, Theodore) (Entered: August 27, 2007)
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| August 27, 2007 |
8
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RETURN of Service, filed by NERDS ON CALL, INC.. RYAN ELDRIDGE served on 8/21/2007. (Minch, Theodore) (Entered: August 27, 2007)
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| September 6, 2007 |
9
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NOTICE of Appearance by Jonathan G. Polak on behalf of Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan) (Entered: September 6, 2007)
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| September 6, 2007 |
10
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CORPORATE DISCLOSURE STATEMENT, filed by Defendant INTERNET BILLING SERVICES, INC.. (Polak, Jonathan) (Entered: September 6, 2007)
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| September 6, 2007 |
11
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NOTICE of Parties' First Extension of Time, filed by Defendant INTERNET BILLING SERVICES, INC.. (Polak, Jonathan) (Entered: September 6, 2007)
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| September 6, 2007 |
12
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NOTICE of Parties' First Extension of Time, filed by Defendant RYAN ELDRIDGE. (Polak, Jonathan) (Entered: September 6, 2007)
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| September 10, 2007 |
13
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NOTICE of Appearance by Trent J. Sandifur on behalf of Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Sandifur, Trent) (Entered: September 10, 2007)
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| October 10, 2007 |
14
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Unopposed MOTION for Extension of Time to October 15, 2007 to respond to Plaintiff's Complaint, filed by Defendant INTERNET BILLING SERVICES, INC.., (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: October 10, 2007)
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| October 15, 2007 |
15
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MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE., (Polak, Jonathan) (Entered: October 15, 2007)
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| October 15, 2007 |
16
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BRIEF/MEMORANDUM in Support re 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES,
INC., RYAN ELDRIDGE. (Attachments: # 1 Declaration of Ryan Eldridge - Submission of Signature Requirement at docket no.
18 )(Polak, Jonathan) Modified on 10/16/2007 (LSC). (Entered: October 15, 2007)
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| October 15, 2007 |
19
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ORDER granting deft Internet Billing Services Inc's 14 Motion for Extension of Time to File response to complaint to 10/15/07.
Signed by Judge Tim A. Baker on 10/15/07. (SWM) (Entered: October 16, 2007)
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| October 16, 2007 |
17
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**PLEASE DISREGARD - SEE 18 FOR CORRECTED DOCUMENT** - Submission of Signature Requirement re 16 Brief/Memorandum in Support of Motion by INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan) Modified on 10/16/2007
(LSC). (Entered: October 16, 2007)
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| October 16, 2007 |
18
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Submission of Signature Requirement re 16 Brief/Memorandum in Support of Motion by INTERNET BILLING SERVICES, INC., RYAN
ELDRIDGE. (Polak, Jonathan) (Entered: October 16, 2007)
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| October 24, 2007 |
20
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SCHEDULING ORDER: Initial Pretrial Conference set for 11/20/2007 01:00 PM in room #234 before Magistrate Judge Tim A. Baker. The parties shall file the CMP no less than seven days prior
to the ptc (See Order). Signed by Judge Tim A. Baker on 10/24/07. (SWM) (Entered: October 24, 2007)
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| October 30, 2007 |
21
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Unopposed MOTION for Extension of Time to November 13, 2007 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction,
filed by Plaintiff NERDS ON CALL, INC.. (Minch, Theodore) (Entered: October 30, 2007)
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| October 31, 2007 |
22
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Submission of Proposed Order on Plaintiff's Agreed Request for Extension of Time to Respond to Defendants' Motion to Dismiss, filed by Plaintiff NERDS ON CALL, INC.. (Minch,
Theodore) (Entered: October 31, 2007)
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| November 1, 2007 |
23
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ORDER granting pltf's 21 Motion for Extension of Time to File Response re 15 MOTION to Dismiss for Lack of Jurisdiction. Response due by 11/13/2007. Signed by Judge Tim A. Baker on 11/1/07. (SWM) (Entered:
11/02/2007)
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| November 9, 2007 |
24
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Consent MOTION for Continuance of Initial Pre-Trial Conference, filed by Plaintiff NERDS ON CALL, INC.., (Attachments: # 1 Text of Proposed Order on Plaintiff's Motion to Continue Initial Pre-Trial Conference)(Minch, Theodore) (Entered: November 9, 2007)
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| November 13, 2007 |
25
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Submission of Proposed Order on Agreed Motion to Continue Initial Pre-trial Conference, filed by Plaintiff NERDS ON CALL, INC.. (Minch, Theodore) (Entered: November 13, 2007)
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| November 14, 2007 |
26
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Second MOTION for Extension of Time to December 12, 2007 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction,
filed by Plaintiff NERDS ON CALL, INC.. (Attachments: # 1 Text of Proposed Order on Plaintiff's Second Request for Extension of
Time)(Minch, Theodore) (Entered: November 14, 2007)
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| November 14, 2007 |
27
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ORDER granting pltf's 24 Motion for Continuance of Initial Pretrial Conference currently set for 11/20/2007. SCHEDULING ORDER:
Initial Pretrial Conference RESET for 11/29/2007 03:00 PM in room #234 before Magistrate Judge Tim A. Baker. Signed by Judge Tim A. Baker on 11/14/07. (SWM) (Entered: November 15, 2007)
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| November 16, 2007 |
28
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ORDER granting pltf's 26 Motion for Extension of Time to File Response re 15 MOTION to Dismiss for Lack of Jurisdiction. Response due by 12/12/2007. Signed by Judge Tim A. Baker on 11/16/07. (SWM) (Entered:
11/16/2007)
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| November 16, 2007 |
29
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CASE MANAGEMENT PLAN TENDERED, filed by Plaintiff NERDS ON CALL, INC.. (Minch, Theodore) (Entered: November 16, 2007)
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| December 4, 2007 |
30
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ORDER on 11/29/07 Initial Pretrial Conference. Parties appeared by counsel. The CMP 29 is denied. The deft shall serve a
settlement response by 12/7/07, with a copy to the Magistrate Judge. SCHEDULING ORDER:( Status Conference set for 12/12/2007 04:00 PM in Telephonic before Magistrate Judge Tim A. Baker.)
The purpose of this conference is to address settlement. The deadline to respond to the pending motion to dismiss is stayed pending the 12/12/07 telephonic status conference. Signed by
Magistrate Judge Tim A. Baker on 12/4/07.(SWM) (Entered: December 4, 2007)
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| December 18, 2007 |
31
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ORDER on 12/12/07 Telephonic Status Conference: Parties appeared by counsel. Discussion held regarding discovery, settlement, and related matters. Pltf shall respond to the pending motion
to dismiss by 12/21/07. Signed by Magistrate Judge Tim A. Baker on 12/18/07.(SWM) (Entered: December 18, 2007)
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| December 19, 2007 |
32
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ANSWER and Counterclaims, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan) (Entered: December 19, 2007)
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| December 21, 2007 |
33
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MOTION for Extension of Time to January 4, 2008 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction, filed by
Plaintiff NERDS ON CALL, INC.. (Attachments: # 1 Exhibit Exhibit A, Plaintiff's Letter of December 14, 2007, # 2 Exhibit Exhibit B, Defendants' Letter of December 19, 2007, # 3 Text of
Proposed Order Order (proposed) on Plaintiff's Verified Opposed Request for Extension of Time in which to Respond to Defendants' Motion to Dismiss)(Minch, Theodore) (Entered: December 21, 2007)
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| December 28, 2007 |
34
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RESPONSE in Opposition to Plaintiff's 33 MOTION for Extension of Time to January 4, 2008 to file response to 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Polak, Jonathan)
Modified on 1/2/2008 (LSC). (Entered: December 28, 2007)
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| January 4, 2008 |
35
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RESPONSE in Opposition re Defendants 15 Motion to Dismiss, filed by Plaintiff NERDS ON CALL, INC.. (Attachments: # (1) Exhibit
A, Declaration of Theodore J. Minch, # (2) Exhibit B, Declaration of Kevin Bouchonnet, # (3) Text of Proposed Order (Minch, Theodore) Modified on 1/7/2008 (LSC). (Entered: January 4, 2008)
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| January 8, 2008 |
36
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Unopposed MOTION for Extension of Time to February 7, 2008 in which to 32 Answer Defendants' Counterclaims, filed by
Plaintiff NERDS ON CALL, INC.. (Attachments: # 1 Text of Proposed Order Order (proposed) on Plaintiff's Unopposed Request for
Extension of Time to Reply to Counterclaims)(Minch, Theodore) (Entered: January 8, 2008)
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| January 10, 2008 |
37
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ORDER granting pltf's 33 Motion for Extension of Time to File Response re 15 MOTION to Dismiss for Lack of Jurisdiction. Response due by 1/4/2008. Signed by Magistrate Judge Tim A. Baker on 1/10/08. (SWM)
(Entered: January 11, 2008)
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| January 15, 2008 |
38
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ORDER granting pltf's 36 Motion for Extension of Time to File response to defts' counterclaims to 2/7/08. Signed by Magistrate
Judge Tim A. Baker on 1/15/08. (SWM) (Entered: January 16, 2008)
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| January 18, 2008 |
39
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Unopposed MOTION for Extension of Time to file Reply in Support to 15 Motion to Dismiss to January 25, 2008, filed by
Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) Modified
on 1/22/2008 (LSC). (Entered: January 18, 2008)
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| January 23, 2008 |
40
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ORDER granting defts' 39 Motion for Extension of Time to File response to pltf's response in opposition to defts' motion to
dismiss to 1/25/08. Signed by Magistrate Judge Tim A. Baker on 1/23/08. (SWM) (Entered: January 24, 2008)
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| January 29, 2008 |
41
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REPLY in Support of Motion re 15 MOTION to Dismiss for Lack of Jurisdiction, filed by Defendants INTERNET BILLING SERVICES,
INC., RYAN ELDRIDGE. (Polak, Jonathan) (Entered: January 29, 2008)
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| February 4, 2008 |
42
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STIPULATION of Substitution of Party Under Fed. Rule 15(C), filed by Defendants INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: February 4, 2008)
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| February 5, 2008 |
43
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ORDER granting 42 Stipulation of Substitution of Party, filed by INTERNET BILLING SERVICES, INC., RYAN ELDRIDGE. Nerds on
Call, Inc., a corporation duly organized and existing under the laws of the State of California shall be substituted for Defendant Internet Billing Services, Inc., and, as such, Nerds on
Call, Inc. (California) shall hereafter be a named co-Defendant in this Case. Signed by Judge David Frank Hamilton on 2/5/2008.(LSC) (Entered: February 5, 2008)
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| February 6, 2008 |
44
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ANSWER to Counterclaims, filed by pltfs NERDS ON CALL, INC.(Minch, Theodore) Modified on 4/25/2008 (LSC). (Entered: February 6, 2008)
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| April 24, 2008 |
45
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AMENDED 44 ANSWER to Counterclaim , filed by Plaintiff NERDS ON CALL, INC. (Minch, Theodore) Modified on 4/25/2008 (LSC).
(Entered: April 24, 2008)
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| April 24, 2008 |
46
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STIPULATION to File Amended Answer under Rule 15(a)(2), re 45 Amended Answer to Complaint, filed by Plaintiff NERDS ON
CALL, INC., Defendants NERDS ON CALL, INC., RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Minch, Theodore) Modified
on 4/25/2008 (LSC). (Entered: April 24, 2008)
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| May 27, 2008 |
47
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ENTRY denying defts' 15 Motion to Dismiss for Lack of Jurisdiction. Signed by Judge David Frank Hamilton on 5/27/2008. (LSC)
(Entered: May 27, 2008)
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| May 30, 2008 |
48
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MOTION to Appear pro hac vice of Daniel N. Ballard, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Polak, Jonathan) (Entered: May 30, 2008)
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| June 5, 2008 |
49
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RECEIPT #IP007467 in the amount of $ 30.00 - atty Ballard's pro hac vice filing fee. (LSC) (Entered: June 5, 2008)
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| June 9, 2008 |
50
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ORDER granting 48 Motion to Appear pro hac vice. Attorney Daniel N. Ballard for NERDS ON CALL, INC (CALIFORNIA), RYAN
ELDRIDGE, NERDS ON CALL, INC (CALIFORNIA) and RYAN ELDRIDGE added cm. Signed by Magistrate Judge Tim A. Baker on 6/9/08. (MAC) (Entered: June 10, 2008)
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| June 9, 2008 |
51
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SCHEDULING ORDER: Pretrial Conference set for 6/24/2008 01:30 PM in room #234 before Magistrate Judge Tim A. Baker. The purpose of this conference is to address settlement and case
management issues in light of the Court's ruling on Defendants' Motion to Dismiss. Signed by Magistrate Judge Tim A. Baker on 6/9/08.(MAC) (Entered: June 10, 2008)
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| June 24, 2008 |
52
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MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendants NERDS ON CALL, INC
(CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel) (Entered: June 24, 2008)
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| June 24, 2008 |
53
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BRIEF/MEMORANDUM in Support re 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard,
Daniel) (Entered: June 24, 2008)
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| June 26, 2008 |
54
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ORDER on 6/24/08 Telephonic Status Conference: Parties appeared by counsel. Discussion held regarding discovery, settlement, and related matters. The parties shall file a proposed CMP by
7/7/08. Signed by Magistrate Judge Tim A. Baker on 6/26/08.(SWM) (Entered: June 27, 2008)
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| July 1, 2008 |
55
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CASE MANAGEMENT PLAN TENDERED, filed by Counter Claimants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE, Counter Defendant NERDS ON CALL, INC (INDIANA), Plaintiff NERDS ON CALL, INC
(INDIANA), Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Supplement Magistrate Summary Page to
CMP)(Minch, Theodore) (Entered: July 1, 2008)
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| July 2, 2008 |
56
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ORDER: CASE MANAGEMENT PLAN APPROVED AS AMENDED. SCHEDULING ORDER. Dispositive motions due by 2/27/2009. Signed by Magistrate Judge Tim A. Baker on 7/2/08.(SWM) (Entered: July 3, 2008)
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| July 7, 2008 |
57
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PRACTICES AND PROCEDURES for Chief Judge David F. Hamilton. (LBK) (Entered: July 7, 2008)
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| July 7, 2008 |
58
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SCHEDULING ORDER: Final Pretrial Conference set for 11/19/2009 10:00 AM in room #330 before Judge David Frank Hamilton. Jury Trial set for 12/7/2009 09:00 AM in room #344 before Judge
David Frank Hamilton. Signed by Judge David Frank Hamilton on 07/07/2008.(LBK) (Entered: July 7, 2008)
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| July 25, 2008 |
59
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ENTRY - The court has reviewed defendants' motion to reconsider and is giving it serious consideration. The court will extend to 08/11/2008 the time for plaintiff to file a response, if
it wishes to do so. Signed by Judge David Frank Hamilton on 07/25/2008.(CEB) (Entered: July 25, 2008)
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| July 31, 2008 |
60
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Witness List (Preliminary), filed by Plaintiff NERDS ON CALL, INC (INDIANA). (Minch, Theodore) (Entered: July 31, 2008)
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| August 11, 2008 |
61
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First MOTION for Extension of Time to 08-18-08 to file response to 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC (INDIANA). (Attachments: # 1 Text of Proposed Order on Plaintiffs Request for Extension of Time to Respond to Motion to Reconsider)(Minch, Theodore) (Entered:
08/11/2008)
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| August 12, 2008 |
62
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ORDER granting 61 Motion for Extension of Time to File Response to Motion to Dismiss and 52 MOTION for Reconsideration re 47 Order on Motion to Dismiss/Lack of
Jurisdiction. Responses due by 8/12/2008. Signed by Judge David Frank Hamilton on 8/12/08. (LBK) (Entered: August 12, 2008)
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| August 12, 2008 |
63
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NOTICE of Change of Address by Daniel N. Ballard (Ballard, Daniel) (Entered: August 12, 2008)
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| August 18, 2008 |
64
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RESPONSE in Opposition re 52 MOTION for Reconsideration re 47
Order on Motion to Dismiss/Lack of Jurisdiction, filed by Plaintiff NERDS ON CALL, INC (INDIANA). (Minch, Theodore) (Entered: August 18, 2008)
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| August 21, 2008 |
65
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REPLY in Support of Motion re 52 MOTION for Reconsideration re 47
Order on Motion to Dismiss/Lack of Jurisdiction, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel) (Entered: August 21, 2008)
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| December 18, 2008 |
66
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Joint MOTION to Amend/Correct 56 Order: Case ManagementScheduling Order, filed by Defendants NERDS ON CALL, INC (CALIFORNIA),
RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Ballard, Daniel) (Entered: December 18, 2008)
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| December 19, 2008 |
67
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MOTION to convert pending Motion to Dismiss into a Motion for Summary Judgment, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Text of Proposed Order)(Ballard, Daniel) (Entered: December 19, 2008)
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| December 19, 2008 |
68
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BRIEF/MEMORANDUM in Support re 67 MOTION to convert pending Motion to Dismiss into a Motion for Summary Judgment, filed
by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Attachments: # 1 Exhibit A - Undisputed Facts)(Ballard, Daniel)
(Entered: December 19, 2008)
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| December 19, 2008 |
69
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ORDER granting parties' 66 Joint Motion to Amend CMP. Dispositive motions due by 5/27/2009 (See Order for other established
deadlines). Signed by Magistrate Judge Tim A. Baker on 12/19/08. (SWM) (Entered: December 22, 2008)
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| December 22, 2008 |
70
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ORDER granting 52 Defendants' Motion for Reconsideration. Rather than dismiss the entire suit, only the complaint is dismissed
without prejudice. Nerds/Indiana may file an amended complaint no later than 1/22/09 if it believes it can plead a claim that would allow the court to exercise jurisdiction over
defendants. If no amended complaint is filed, the court will enter a judgment dismissing the action without prejudice. Signed by Judge David Frank Hamilton on 12/22/2008. (LBK) (Entered:
12/22/2008)
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| February 2, 2009 |
71
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Joint MOTION to Request Publication, filed by Defendants NERDS ON CALL, INC (CALIFORNIA), RYAN ELDRIDGE. (Ballard, Daniel) (Entered: February 2, 2009)
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| February 9, 2009 |
72
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MARGINAL ENTRY granting 71 Joint Motion to Request Publication. Signed by Judge David Frank Hamilton on 2/9/2009. (LBK)
(Entered: February 9, 2009)
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| March 2, 2009 |
73
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FINAL JUDGMENT. The action is dismissed, without prejudice, all parties to bear their own costs. Signed by Judge David Frank Hamilton on 3/2/2009.(LBK) (Entered: March 2, 2009)
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| March 9, 2009 |
74
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NOTICE of Final Determination in lawsuit sent to Director of U.S. Patent and Trademark Office. (Attachments: # 1 Exhibit
1-Complaint, # 2 Exhibit B - Final Judgment) (LBK) (Entered: March 9, 2009)
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