Recorded Books, LLC v. OCLC Online Computer Library Center, Inc.

Breach of contract, copyright, Lanham Act claims against OCLC/NetLibrary
Plaintiff:Recorded Books, LLC
Defendant:OCLC Online Computer Library Center, Inc.
Counter Claimant:OCLC Online Computer Library Center, Inc.
Counter Defendant:Recorded Books, LLC
 
Case Number:8:2007cv01427
Filed:May 31, 2007
 
Court:Maryland District Court
Office:Greenbelt Office [ Court Info ]
County:Calvert
Presiding Judge:Judge Deborah K. Chasanow
 
Nature of Suit:Intellectual Property - Copyrights
Cause:17:501 Copyright Infringement
Jurisdiction:Federal Question
Jury Demanded By:Both
Date Filed # Docket Text
May 31, 2007 1 COMPLAINT against OCLC Online Computer Library Center, Inc. (Filing fee $ 350 receipt number 84637009705.), filed by Recorded Books, LLC. (Attachments: # 1 Exhibit # 2 Civil Cover Sheet)(ch, Deputy Clerk) (Entered: May 31, 2007)
May 31, 2007 Jury Trial Demand by Recorded Books, LLC. (ch, Deputy Clerk) (Entered: May 31, 2007)
May 31, 2007 2 Local Rule 103.3 Disclosure Statement by Recorded Books, LLC. (ch, Deputy Clerk) (Entered: May 31, 2007)
June 1, 2007 3 Summons Issued 20 days as to OCLC Online Computer Library Center, Inc. (ch, Deputy Clerk) (Entered: June 1, 2007)
June 1, 2007 4 Correspondence: Report on Copyright Action. (ch, Deputy Clerk) (Entered: June 1, 2007)
June 5, 2007 5 SUMMONS Returned Executed by Recorded Books, LLC. OCLC Online Computer Library Center, Inc. served on 6/1/2007, answer due 6/21/2007. (Permut, David) (Entered: June 5, 2007)
June 12, 2007 6 MOTION by Robert D. Carroll to Appear Pro Hac Vice by Recorded Books, LLC. (aap, Deputy Clerk) (Entered: June 12, 2007)
June 12, 2007 7 ORDER granting 6 Motion by Robert D. Carroll to Appear Pro Hac Vice. Signed by Clerk on 6/11/07. (c/m 6/12/07 aap) (aap, Deputy Clerk) (Entered: June 12, 2007)
June 12, 2007 8 MOTION by R. Davids Hosp to Appear Pro Hac Vice by Recorded Books, LLC. (aap, Deputy Clerk) (Entered: June 12, 2007)
June 12, 2007 9 ORDER granting 8 Motion by R. David Hosp to Appear Pro Hac Vice. Signed by Clerk on 6/11/07. (c/m 6/12/07 aap) (aap, Deputy Clerk) (Entered: June 12, 2007)
June 12, 2007 10 MOTION by Jaren D. Wilcoxson to Appear Pro Hac Vice by Recorded Books, LLC. (aap, Deputy Clerk) (Entered: June 12, 2007)
June 12, 2007 11 ORDER granting 10 Motion by Jaren D. Wilcoxson to Appear Pro Hac Vice. Signed by Clerk on 6/11/07. (c/m 6/12/07 aap) (aap, Deputy Clerk) (Entered: June 12, 2007)
June 19, 2007 12 MOTION for Preliminary Injunction by Recorded Books, LLC. Responses due by 7/6/2007 (Attachments: # 1 Text of Proposed Order)(Hosp, R) (Entered: June 19, 2007)
June 19, 2007 13 Memorandum re 12 MOTION for Preliminary Injunction filed by Recorded Books, LLC. (Hosp, R) (Entered: June 19, 2007)
June 19, 2007 14 AFFIDAVIT re 12 MOTION for Preliminary Injunction (Declaration of Brian T. Downing In Support of Motion for Preliminary Injunction) by Recorded Books, LLC. (Attachments: # 1 Exhibit A (Part 1)# 2 Exhibit A (Part 2)# 3 Exhibit A (Part 3)# 4 Exhibit A (Part 4)# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I# 13 Exhibit J# 14 Exhibit K# 15 Exhibit L# 16 Exhibit M)(Hosp, R) (Entered: June 19, 2007)
June 19, 2007 15 ANSWER to Complaint by OCLC Online Computer Library Center, Inc..(Marbury, Hugh) (Entered: June 19, 2007)
June 19, 2007 16 COUNTERCLAIM against Recorded Books, LLC, filed by OCLC Online Computer Library Center, Inc..(Marbury, Hugh) (Entered: June 19, 2007)
June 19, 2007 17 NOTICE by OCLC Online Computer Library Center, Inc. Disclosure of Corporate Interest (Marbury, Hugh) (Entered: June 19, 2007)
June 19, 2007 18 CERTIFICATE OF SERVICE by Recorded Books, LLC (Hosp, R) (Entered: June 19, 2007)
June 20, 2007 19 PAPERLESS ORDER CONFIRMING that a telephone conference with counsel is scheduled on Monday, June 25, 2007, at 1:00 p.m.(Eastern Standard Time). Chambers will initiate the conference call. Signed by Judge Deborah K. Chasanow on 6/20/07. (Chasanow, Deborah) (Entered: June 20, 2007)
June 21, 2007 20 MOTION by Eve Burton to Appear Pro Hac Vice by OCLC Online Computer Library Center, Inc. (aap, Deputy Clerk) (Entered: June 21, 2007)
June 21, 2007 21 ORDER granting 20 Motion by Eve Burton to Appear Pro Hac Vice. Signed by Clerk on 6/20/07. (c/m 6/21/07 aap) (aap, Deputy Clerk) (Entered: June 21, 2007)
June 21, 2007 22 MOTION by Randall Miller to Appear Pro Hac Vice by OCLC Online Computer Library Center, Inc. (aap, Deputy Clerk) (Entered: June 21, 2007)
June 21, 2007 23 ORDER granting 22 Motion by Randall Miller to Appear Pro Hac Vice. Signed by Clerk on 6/20/07.(c/m 6/21/07 aap) (aap, Deputy Clerk) (Entered: June 21, 2007)
June 21, 2007 24 MOTION by Jason Prussman to Appear Pro Hac Vice by OCLC Online Computer Library Center, Inc. (aap, Deputy Clerk) (Entered: June 21, 2007)
June 21, 2007 25 ORDER granting 24 Motion by Jason Prussman to Appear Pro Hac Vice. Signed by Clerk on 6/20/07. (c/m 6/21/07 aap) (aap, Deputy Clerk) (Entered: June 21, 2007)
June 22, 2007 26 MOTION For Limited Expedited Discovery by Recorded Books, LLC. Responses due by 7/9/2007 (Attachments: # 1 Exhibit A# 2 Text of Proposed Order)(Hosp, R) (Entered: June 22, 2007)
June 25, 2007 Telephone Conference held on 6/25/2007 before Judge Deborah K. Chasanow. (td, Deputy Clerk) (Entered: June 27, 2007)
June 26, 2007 27 LETTER/ORDER CONFIRMING the matters discussed and schedule set during the telephone conference on 6/25/07, CONFIRMING a hearing on the Motion for Preliminary Injunction on July 24, 2007, at 1:00 p.m. and continuing, if necessary, at 9:00 a.m. on July 25, 2007. Signed by Judge Deborah K. Chasanow on 6/26/07. (Chasanow, Deborah) (Entered: June 26, 2007)
July 6, 2007 28 RESPONSE to Motion re 12 MOTION for Preliminary Injunction filed by OCLC Online Computer Library Center, Inc..Replies due by 7/20/2007. (Attachments: # 1 Daehn Declaration# 2 Wasinger Declaration)(Marbury, Hugh) (Entered: July 6, 2007)
July 12, 2007 29 MOTION for More Definite Statement by Recorded Books, LLC. Responses due by 7/30/2007 (Attachments: # 1 Text of Proposed Order # 2 Memorandum in Support of Recorded Books, LLC's Motion for More Definite Statement# 3 Declaration of Brian T. Downing in Support of Recorded Books, LLC's Motion for More Definite Statement)(Hosp, R) (Entered: July 12, 2007)
July 13, 2007 30 Supplemental to 29 MOTION for More Definite Statement filed by Recorded Books, LLC (Exhibits to the Declaration of Brian T. Downing in Support of Recorded Books, LLC's Motion for More Definite Statement, filed July 12, 2007). (Hosp, R) (Entered: July 13, 2007)
July 13, 2007 31 REPLY to Response to Motion re 12 MOTION for Preliminary Injunction filed by Recorded Books, LLC. (Hosp, R) (Entered: July 13, 2007)
July 13, 2007 32 AFFIDAVIT re 12 MOTION for Preliminary Injunction (Second Declaration of Brian T. Downing In Support of Plaintiff Recorded Books, LLC's Motion for Preliminary Injunction) by Recorded Books, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E (Part I)# 6 Exhibit E (Part II)# 7 Exhibit E (Part III)# 8 Exhibit E (Part IV)# 9 Exhibit E (Part V)# 10 Exhibit F# 11 Exhibit G# 12 Exhibit H# 13 Exhibit I# 14 Exhibit J# 15 Exhibit K# 16 Exhibit L# 17 Exhibit M)(Hosp, R) (Entered: July 13, 2007)
July 23, 2007 33 AFFIDAVIT re 12 MOTION for Preliminary Injunction (Third Declaration of Brian T. Downing In Support of Plaintiff Recorded Books, LLC's Motion for Preliminary Injunction) by Recorded Books, LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Hosp, R) (Entered: July 23, 2007)
July 24, 2007 Motion Hearing held on 7/24/2007 re 12 MOTION for Preliminary Injunction filed by Recorded Books, LLC held before Judge Deborah K. Chasanow. (Court Reporter: T. Dunlap) (hbm, Courtroom Deputy Clerk)(Written decision to be rendered by the Court) (Entered: August 15, 2007)
July 25, 2007 34 RESPONSE in Opposition re 12 MOTION for Preliminary Injunction Supplemental Declaration of Scott Wasinger in Opposition to Motion for Preliminary Injunction filed by OCLC Online Computer Library Center, Inc..Replies due by 8/8/2007. (Marbury, Hugh) (Entered: 07/25/2007)
August 14, 2007 35 MOTION to Amend/Correct Unopposed Motion for Order Accepting NetLibrary's First Amended Counterclaims for Filing by OCLC Online Computer Library Center, Inc.. Responses due by 8/31/2007 (Attachments: # Exhibit First Amended Counterclaims# Exhibit Redlined First Amended Counterclaims# 3 Text of Proposed Order)(Marbury, Hugh) (Entered: August 14, 2007)
August 14, 2007 37 First Amended COUNTERCLAIMS against Recorded Books, LLC, filed by OCLC Online Computer Library Center, Inc.. (Attachments: # 1 Redline version of Counterclaim)(aap, Deputy Clerk) (Entered: August 15, 2007)
August 15, 2007 36 PAPERLESS ORDER GRANTING 35 Unopposed Motion to Amend Counterclaims. Signed by Judge Deborah K. Chasanow on 8/15/07. (Chasanow, Deborah) (Entered: August 15, 2007)
August 31, 2007 Original Docket Entry 38 was deleted in error. (elt, Deputy Clerk) (Entered: August 31, 2007)
August 31, 2007 38 ANSWER to 37 Amended Counterclaim by Recorded Books, LLC.(Hosp, R) Modified on 8/31/2007 (elt, Deputy Clerk). (Entered: August 31, 2007)
September 6, 2007 39 SCHEDULING ORDER: Discovery closes and status reprot due 1/22/2008, motions due 2/19/2008. Signed by Judge Deborah K. Chasanow on 9/6/07. (Chasanow, Deborah) (Entered: September 6, 2007)
September 20, 2007 40 REPORT of Rule 26(f) Planning Meeting. (Hosp, R) (Entered: September 20, 2007)
November 12, 2007 41 Joint MOTION to Dismiss Without Prejudice by Recorded Books, LLC. Responses due by 11/29/2007 (Attachments: # 1 Text of Proposed Order Granting Motion for Order of Dismissal without Prejudice)(Hosp, R) (Entered: November 12, 2007)
November 14, 2007 42 ORDER GRANTING 41 Joint Motion for Order of Dismissal and DISMISSING this case without prejudice to the right of a party to move for good cause to reopen the case within 60 days of the date of this order if the settlement is not consummated. Signed by Judge Deborah K. Chasanow on 11/13/07. (Chasanow, Deborah) (Entered: November 14, 2007)
November 30, 2007 43 STIPULATION of Dismissal With Prejudice by Recorded Books, LLC, OCLC Online Computer Library Center, Inc.. (Hosp, R) (Entered: November 30, 2007)
November 30, 2007 44 PAPERLESS ORDER APPROVING 43 Stipulation of Dismissal with prejudice. Signed by Judge Deborah K. Chasanow on 11/30/07. (Chasanow, Deborah) (Entered: November 30, 2007)
Docket Report Last Checked: August 27, 2008 11:19:27 PDT
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Plaintiff: Recorded Books, LLC
Represented By: Jaren D Wilcoxson, David L Permut, Jaren D Wilcoxson, R David Hosp, R David Hosp, David L Permut, Robert D Carroll, Jaren D Wilcoxson, David L Permut, R David Hosp, Robert D Carroll, Robert D Carroll
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Defendant: OCLC Online Computer Library Center, Inc.
Represented By: Eve G Burton, Hugh J Marbury, Jason R Prussman, Randall Miller, Hugh J Marbury, Jason R Prussman, Hugh J Marbury, Randall Miller, Eve G Burton
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Counter Claimant: OCLC Online Computer Library Center, Inc.
Represented By: Eve G Burton, Hugh J Marbury, Jason R Prussman, Randall Miller, Hugh J Marbury, Jason R Prussman, Hugh J Marbury, Randall Miller, Eve G Burton
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Counter Defendant: Recorded Books, LLC
Represented By: Jaren D Wilcoxson, David L Permut, Jaren D Wilcoxson, R David Hosp, R David Hosp, David L Permut, Robert D Carroll, Jaren D Wilcoxson, David L Permut, R David Hosp, Robert D Carroll, Robert D Carroll
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