Plaintiff Robert Novak d/b/a Pets Warehouse sued defendants Kanoodle, Google and Overture and alleged that they permitted plaintiff's competitors to purchase advertising based on the Pets Warehouse trademark. Plaintiff further alleges that defendants TheFerretStore.com, Judge-For-Yourself.com and DoctorDog.com had either used plaintiff's trademark in its metatags or had purchased the keyword Pets Warehouse.
Date Filed
|
#
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Docket Text
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| September 24, 2002 |
1
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Complaint filed and summons issued as to defendant(s) Biochemics, Inc, Google, Inc., John Holdefehr, Innovative Marketing Solutions, Inc., Neeps Inc, Overture Services, Inc.. Filing fee
$150.00. Receipt number: 7370. Jury trial demanded.. Filed by pro se Robert Novak. (Attachments: # 1
Civil Cover Sheet)(Romano, Daniel) (Entered: September 26, 2002)
|
| September 26, 2002 |
2
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Notice of Report on the filing of an action regarding a Patent or Trademark Infringement sent to Washington DC (Romano, Daniel) (Entered: September 26, 2002)
|
| September 26, 2002 |
3
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LETTER dtd 9/26/02 from Lorraine Sapienza to the Pro Se Litigant re: Acknowledgment of receipt of the complaint with instructions on how to proceed. (Mierzejewski, Elizabeth) (Entered:
10/01/2002)
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| October 16, 2002 |
4
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SUMMONS Returned Executed by pro se Robert Novak. Overture Services, Inc. served on 10/10/2002, answer due 10/30/2002 filed by pro se Robert Novak. (Mierzejewski, Elizabeth) (Entered:
10/28/2002)
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| October 16, 2002 |
5
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SUMMONS Returned Executed by pro se Robert Novak. Innovative Marketing Solutions, Inc. served on 10/16/2002, answer due 11/5/2002 filed by pro se Robert Novak. (Mierzejewski, Elizabeth)
(Entered: October 28, 2002)
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| October 20, 2002 |
|
ANSWER to the complaint by Overture Services, Inc. with Counterclaim. (Mierzejewski, Elizabeth) Modified on 4/7/2004 (Mierzejewski, Elizabeth). (Entered: November 7, 2002)
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| October 29, 2002 |
9
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SUMMONS Returned Executed by Robert Novak. Google, Inc. served on 10/24/2002, answer due 11/13/2002. (Mierzejewski, Elizabeth) (Entered: November 6, 2002)
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| October 29, 2002 |
10
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SUMMONS Returned Executed by Robert Novak. Biochemics, Inc served on 10/7/2002, answer due 10/28/2002. (Mierzejewski, Elizabeth) (Entered: November 6, 2002)
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| October 30, 2002 |
6
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ANSWER to Complaint with Jury Demand by Innovative Marketing Solutions, Inc.(Branciforte, Ralph) (Entered: November 5, 2002)
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| October 30, 2002 |
7
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DISCLOSURE of Interested Parties by Innovative Marketing Solutions, Inc.(Branciforte, Ralph) (Entered: November 5, 2002)
|
| November 1, 2002 |
11
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MOTION for Extension of Time to File Answer re 1 Complaint, by Biochemics, Inc. (Mierzejewski,
Elizabeth) (Entered: November 13, 2002)
|
| November 1, 2002 |
12
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Letter dtd 11/1/02 from Robert Novak to Judge Hurley re: The request for extension of time to answer is unwarranted. (Mierzejewski, Elizabeth) (Entered: November 13, 2002)
|
| November 4, 2002 |
8
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NOTICE of Voluntary Dismissal, plaintiff, Robert Novak, dismisses all claims of this action against defendant, Neeps Inc., with prejudice, and in accord with a confidential settlement
agreement, each party to bear their own costs and attorneys fees. (So ordered by Judge Denis R. Hurley) cm (Mierzejewski, Elizabeth) Modified on 12/5/2002 (Mahon, Cinthia). (Entered:
11/06/2002)
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| November 4, 2002 |
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ORDER granting [11] Motion for Extension of Time to Answer re [11] MOTION for Extension of Time to File Answer re 1 Complaint,. Signed by JudgeDenis R. Hurley on 11/4/02. (Mierzejewski, Elizabeth) (Entered: November 13, 2002)
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| November 5, 2002 |
13
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NOTICE of motion by Paul Perlman to appear Pro Hac Vice for defendant Kandoodle. (Mierzejewski, Elizabeth) (Entered: November 19, 2002)
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| November 6, 2002 |
16
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WAIVER OF SERVICE Returned Executed by Robert Novak. John Holdefehr waiver sent on 11/6/2002, answer due 1/5/2003. (Mierzejewski, Elizabeth) (Entered: December 3, 2002)
|
| November 6, 2002 |
28
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MOTION for Leave to Appear Pro Hac Vice as to David Kramer by Google, Inc.. (Mierzejewski, Elizabeth) (Entered: January 21, 2003)
|
| November 13, 2002 |
14
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ORDER re [13] Notice (Other)that Paul Perlman is granted leave to appear Pro Hac Vice. Fee paid in the amount of $25.00-Receipt #269165 (Mierzejewski, Elizabeth) (Entered: November 19, 2002)
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| November 19, 2002 |
15
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NOTICE of answer to counterclaim by Robert Novak.(Mierzejewski, Elizabeth) (Entered: November 27, 2002)
|
| November 22, 2002 |
17
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Letter dtd 11/21/02 from John Holdefehr to Judge Hurley re: Request for a pre-motion conference to file a motion to dismiss. (Mierzejewski, Elizabeth) (Entered: December 4, 2002)
|
| November 26, 2002 |
19
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Letter dtd. 11/22/02 from John Slafsky to USDJ Hurley RE: Defendant, Google Technology, requests a pre-motion conference to file a motion dismiss plaintiff's first claim for improper venue.
(Branciforte, Ralph) (Entered: December 16, 2002)
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| November 26, 2002 |
20
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DISCLOSURE of Interested Parties filed by Google, Inc.(Branciforte, Ralph) (Entered: December 16, 2002)
|
| December 2, 2002 |
18
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Letter dtd 11/26/02 from Counsel for defendants to Judge Hurley re: Request for a pre-motion conference to file a motion to dismiss for lack of person jurisdiction.(Mierzejewski, Elizabeth)
(Entered: December 12, 2002)
|
| December 5, 2002 |
26
|
MOTION for Leave for David S. Fleming,,Philip A. Jones and Eric W. Gallender to Appear Pro Hac Vice by Overture Services, Inc.. (Mierzejewski, Elizabeth) Modified on 1/14/2003
(Mierzejewski, Elizabeth). (Entered: January 14, 2003)
|
| December 5, 2002 |
27
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ORDER granting [26] Motion for Leave for David S. Fleming, Philip A. Jones and Eric W. Gallender to Appear Pro Hac Vice. (Receipt #269910) cm (Mierzejewski, Elizabeth) (Entered: January 14, 2003)
|
| December 10, 2002 |
21
|
Letter dtd 12/9/02 from Plaintiff to Judge Hurley re: Application for a 12(b)(3)as follows: Plaintiff never agreed upon a choice of forum. The forum selection clause is inapplicable to this
cause of action because plaintiff does not seek to enforce any rights arising out of a transaction (message) created by him. (Mierzejewski, Elizabeth) (Entered: December 18, 2002)
|
| December 10, 2002 |
22
|
Letter dtd 12/9/02 from plaintiff to Judge Hurley re: Opposition to the application for a 12(b)(2). Biochemics clearly availed itself of the privileges of conducting significant activities
within the forum state, thus invoking the benefits and protections of its laws. (Mierzejewski, Elizabeth) (Entered: December 18, 2002)
|
| December 10, 2002 |
23
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Letter dtd 12/9/02 from Plaintiff to Judge Hurley re: Opposition to the applications for a 4(a), 11(a), 12(b), (2) (6) 19. John Holdefehr clearly availed itself of the privileges of
conducting significant activities within the forum state, thus invoking the benefits and protections of its laws. (Mierzejewski, Elizabeth) (Entered: December 18, 2002)
|
| December 16, 2002 |
25
|
Letter dtd 12/16/02 from Counsel for Google Technology to Judge Hurley re: Enclosed copy of the letter requesting the pre-motion conference that was sent on 11/25/02. Said copy was sent to
Brooklyn but was never received in Chambers.(Mierzejewski, Elizabeth) (Entered: January 2, 2003)
|
| December 18, 2002 |
24
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Letter dtd 12/16/02 from John Holdefehr to Judge Hurley re: Request for a pre-motion conference under Rule 4(a) and Rule 11(a).(Mierzejewski, Elizabeth) (Entered: December 30, 2002)
|
| January 10, 2003 |
29
|
Minute Entry Case called. For Plaintiff: Robert Novak, For Defendant: Matt Anderson, Suzanne Berger, David S. Fleming, John Holdfehr, John Flasky, David Kramer, Paul Perlman. Defendant
Google shall serve their proposed rule 12 (b)(2, 12(b)(6) and 19 motions on or before 2/11/03; Defendant Biochemics shall serve their proposed Rule 12(6)(2) motion on or before 2/11/03;
Plaintiff shall serve his opposition to these 3 proposed motions on or before 3/11/03; Moving defendants shall serve their reply by 3/25/03; parties shall serve 2 copies and one original of
all papers on defendant Biochemics; Defendant Biochemics shall file all original papers and on courtesy copy with the Court on 3/27/03 for proceedings held before Denis R. Hurley : Pre
Motion Conference held on 1/10/2003. (Mierzejewski, Elizabeth) (Entered: January 24, 2003)
|
| January 22, 2003 |
30
|
ORDER granting [28] Motion for David H. Kramer Leave to Appear Pro Hac Vice. (Signed by Judge Denis R. Hurley on 1/22/03) cm (Mierzejewski, Elizabeth) (Entered: January 30, 2003)
|
| February 13, 2003 |
32
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MOTION for Leave to Appear Pro Hac Vice as to Nicholas P. Alexander by Biochemics, Inc. (Mierzejewski, Elizabeth) (Entered: February 24, 2003)
|
| February 13, 2003 |
33
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ORDER granting [32] Nicholas P. Alexander's Motion for Leave to Appear Pro Hac Vice(Signed by Judge Denis R. Hurley on 2/13/03) cm (Mierzejewski, Elizabeth) (Entered: February 24, 2003)
|
| February 18, 2003 |
31
|
Letter dtd 2/18/03 from Counsel for defendant Overture Services to Ms. Miers re: Enclosed certificates of good standing for David S. Fleming, Philip Jones and Eric Gallender. .
(Mierzejewski, Elizabeth) (Entered: February 21, 2003)
|
| February 18, 2003 |
34
|
Letter dtd 2/11/03 from Counsel for defendant to Mr. Novak re: Enclosed Notice of motion to dismiss with supporting papers. . (Mierzejewski, Elizabeth) (Entered: February 25, 2003)
|
| March 27, 2003 |
35
|
MOTION to Dismiss for Lack of Jurisdiction by Biochemics, Inc. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
36
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MEMORANDUM in Support re [35] MOTION to Dismiss for Lack of Jurisdiction by Biochemics, Inc. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
37
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Cross MOTION to Dismiss by Robert Novak. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
38
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AFFIDAVIT of Matthew B. Anderson in Support re [35] MOTION to Dismiss for Lack of Jurisdiction by Biochemics, Inc. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
39
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REPLY in Support re [35] MOTION to Dismiss for Lack of Jurisdiction by Biochemics, Inc. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
40
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MOTION to Dismiss for Lack of Jurisdiction by Google, Inc.. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
41
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MEMORANDUM in Opposition re [40] MOTION to Dismiss for Lack of Jurisdiction by Robert Novak. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
42
|
AFFIDAVIT by David H. Kramer in Support re [40] MOTION to Dismiss for Lack of Jurisdiction by Google, Inc.. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
43
|
REPLY in Support re [40] MOTION to Dismiss for Lack of Jurisdiction by Google, Inc.. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
44
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Cross MOTION to Dismiss by John Holdefehr. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| March 27, 2003 |
45
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MEMORANDUM in Opposition re [44] Cross MOTION to Dismiss by Robert Novak. (Mierzejewski, Elizabeth) (Entered: April 1, 2003)
|
| May 7, 2003 |
46
|
Letter dtd 5/5/03 from Plaintiff to Judge Hurley re: Request that the Court stay proceedings.. (Mierzejewski, Elizabeth) (Entered: May 21, 2003)
|
| May 15, 2003 |
47
|
Letter from Counsel for Defendant to Judge Hurley Regarding Response to Plaintiff's May 5, 2003 letter requesting a stay of all proceedings. (Mierzejewski, Elizabeth) (Entered: June 10, 2003)
|
| May 19, 2003 |
48
|
Letter from Counsel for Defendant to Judge Hurley Regarding Request that the Plaintiff's application for a stay is denied. (Mierzejewski, Elizabeth) (Entered: June 10, 2003)
|
| May 19, 2003 |
49
|
Letter from Counsel for Defendant to Judge Hurley Regarding BioChemics objects to the request for a stay. (Mierzejewski, Elizabeth) (Entered: June 10, 2003)
|
| May 27, 2003 |
50
|
ORDER that the motion by Plaintiff for a stay of the proceedings is denied. . Signed by Judge Denis R. Hurley on 5/27/03. cm(Mierzejewski, Elizabeth) (Entered: June 11, 2003)
|
| February 5, 2004 |
51
|
NOTICE of Change of Address by Nicholas P Alexander. (Mierzejewski, Elizabeth) (Entered: February 17, 2004)
|
| March 25, 2004 |
52
|
ORDER denying [35] Motion to Dismiss for Lack of Jurisdiction, denying [37] Motion to Dismiss, granting [40] Motion to Dismiss for Lack of Jurisdiction, denying [44] Motion to Dismiss. The
court GRANTS Google's motion to dismiss the claims contained in the first count of the complaint. The motion by Biochemics to dismiss the complaint for lack of personal jurisdiction is
DENIED. The motion by Holdefehr to dismiss the complaint due to the absence of personal jurisdiction is also DENIED. Also, the Court notes that Plaintiff has incorrectly titled his
opposition to certain of these motions as a "cross-motion". These "cross-motions" are also DENIED. . Signed by JudgeDenis R. Hurley on 3/25/04. cm (Mierzejewski, Elizabeth) (Entered:
03/25/2004)
|
| April 12, 2004 |
53
|
Defendant Google Inc.'s ANSWER to Complaint and, COUNTERCLAIM with attached Certificate of Service against Robert Novak by Google Inc., Google, Inc..(Kramer, David)
(Entered: April 12, 2004)
|
| April 20, 2004 |
55
|
ANSWER to Complaint by John Holdefehr.(Mierzejewski, Elizabeth) (Entered: April 27, 2004)
|
| April 20, 2004 |
64
|
Letter from Robert Novak to Honorable Magistrate Judge William D. Wall, U.S.M.J., dated 4/15/04 re: To request a status conference relating to discovery. (Fagan, Linda) (Entered:
06/07/2004)
|
| April 22, 2004 |
60
|
MOTION for Leave to Appear Pro Hac Vice , admitting Scott J. Slavick, a member in good standing of the Bar of the State of Illinois, to the Bar of this court, and withdrawing the pro hac
vice admission of Eric W. Gallender. File date: 5/4/04; Service date: 4/22/04; Filed by Overture Services, Inc.. (Fagan, Linda) (Entered: May 12, 2004)
|
| April 22, 2004 |
61
|
AFFIDAVIT of Margot J. Metzger in Support re [60] MOTION for Leave to Appear Pro Hac Vice , admitting Scott J. Slavick, a member in good standing of the Bar of the State of Illinois, to
the Bar of this court, and withdrawing the pro hac vice admission of Eric W. Gallender. File date: 5/4/04; Service date: 4/22/04; Filed by Overture Services, Inc. (Fagan, Linda) (Entered:
05/12/2004)
|
| April 23, 2004 |
54
|
ANSWER to Counterclaim of Deft Google Inc., filed by Robert Novak.(Fagan, Linda) (Entered: April 27, 2004)
|
| April 23, 2004 |
56
|
NOTICE Of Change Of Lead Attorney; That the lead attorney for Kanoodle.com, Inc. (incorrectly sued as Innovative marketing Solutions, Inc. d/b/a Kanoodle.com) should be changed to Paul I
Perlman, Hodgson Rull LLP, One M & T Plaza, Suite 2000, Buffalo, New York 14203, Telephone: (716) 848-1479, email: pperlman@hodgsonruss.com.; and that the attorney previously listed as
lead attorney, Aidam McCormack, is no long with the firm. (Fagan, Linda) (Entered: April 28, 2004)
|
| April 27, 2004 |
57
|
Letter from John L. Slafsky to The Honorable Denis R. Hurley, dated 4/26/04 re: To request that the Court order publication of the Memorandum & Order issued on 3/25/04 in this case.
(Fagan, Linda) (Entered: April 28, 2004)
|
| April 28, 2004 |
58
|
ANSWER to Complaint by Biochemics, Inc.(Mierzejewski, Elizabeth) (Entered: April 30, 2004)
|
| May 5, 2004 |
62
|
ORDER; granting [60] Motion for Leave to Appear Pro Hac Vice; Deft Overture Services, Inc. has made a motion to withdraw the admission of Eric W. Gallender, Esq. to appear pro hac vice and
to admit Scott J. Slavick, Esq. in his stead. The motion with regard to Mr. Gallender is GRANTED. The Clerk of Court is directed to note Mr. Gallender's removal on the docket. The motion
for admission pro hac vice of Scott J. Slavick, Esq. is GRANTED. The Clerk of Court is directed to reflect the appearance of Scott J. Slavick, Esq. on the docket. The attorney admitted pro
hac vice, Scott J. Slavick, Esq., must serve a copy of this order upon all other counsel in this case as well as upon the pro se Pltff. ( receipt for pro hac vice admission attached,
received from Bryan Cave 1290 6th Avenue. 51 Street, New York, N.Y. 10104, in the amount of $25.00, on 5/4/04, receipt. # 012858.) ( Signed by JudgeDenis R. Hurley on 5/5/04.) c/m (Fagan,
Linda) Modified on 5/12/2004 (Fagan, Linda). (Entered: May 12, 2004)
|
| May 10, 2004 |
59
|
NOTICE by Google Inc., Google, Inc. Discovery Plan Proposed by Defendant Google and Certificate of Service (Attachments: # 1 Attachment)(Kramer, David) (Entered: May 10, 2004)
|
| May 25, 2004 |
63
|
Letter from David H. Kramer to The Honorable William D. Wall Regarding Discovery Dispute. (Kramer, David) (Entered: May 25, 2004)
|
| June 17, 2004 |
65
|
ORDER scheduling initial conference for 7/15/04 at 11:30 a.m. Signed by Judge William D. Wall on 6/17/04. (Attachments: # 1 WDW rules) c/m(Disbrow, Sandra) (Entered: June 17, 2004)
|
| June 18, 2004 |
70
|
Letter from Robert Novak to Honorable Magistrate Judge William D. Wall, U.S.M.J., dated 6/15/04 re: To inform the Court that,in accordance with pltff's 6/4/04 letter, (all) the parties that
are referenced in the lawsuit above had their 26(f) metting, via telephone, in accordance with the F.R.C.P., on 6/8/04; and to request that the Court hold a F.R.C.P. 16 Hearing with all the
parties present for the purpose of finalizing the Discovery Schedule, resolving the problems that have come up as set forth herein, and any other matters this Honorable Court deems
necessary. (Fagan, Linda) (Entered: July 15, 2004)
|
| July 6, 2004 |
71
|
STIPULATION AND ORDER Of Dismissal With Prejudice As Against Kanoodle.com, Inc., Sued Incorrectly As Innovative Marketing Solutions, Inc.; That this action, including all claims and
counterclaims, is dismissed with prejudice as against Kanoodle.com, Inc., with each party to pay its own costs and attorneys' fees.( Signed by Judge Denis R. Hurley on 7/6/04. ) c/m(Fagan,
Linda) (Entered: July 19, 2004)
|
| July 7, 2004 |
|
Case reassigned to Judge James Orenstein. Judge William D. Wall no longer assigned to the case. (Villanueva, William) (Entered: July 7, 2004)
|
| July 7, 2004 |
75
|
Initial Disclosures pursuant to F.R.C.P. 26(a), filed by John Holdefehr. (Fagan, Linda) (Entered: August 12, 2004)
|
| July 8, 2004 |
66
|
Letter from David H. Kramer to The Honorable James Orenstein Regarding ongoing discovery issue. (Kramer, David) (Entered: July 8, 2004)
|
| July 8, 2004 |
68
|
Letter from Robert Novak to Honorable Magistrate Judge William D.Wall, U.S.M.J., dated 6/4/04 re: To respond to the inaccuracies addressed in a letter to the Court on 5/25/04 by Google's
counsel pertaining to discovery; and to request that the Court await the completion of the 6/8/04 conference to address the premature request of deft Google's counsel. (Fagan, Linda)
(Entered: July 15, 2004)
|
| July 15, 2004 |
67
|
Minute Entry: Before USMJ James Orenstein for Initial Conference. Confernce held on 7/15/2004. (Branciforte, Ralph) (Entered: July 15, 2004)
|
| July 15, 2004 |
69
|
SCHEDULING ORDER. Signed by Judge James Orenstein on 7/15/04. CG/CM (Branciforte, Ralph) (Entered: July 15, 2004)
|
| July 23, 2004 |
72
|
Letter from John L. Slafsky and David H. Kramer to The Honorable Denis R. Hurley Regarding Pre-motion Conference Letter. (Slafsky, John) (Entered: July 23, 2004)
|
| July 23, 2004 |
73
|
CERTIFICATE OF SERVICE by Google Inc., Google, Inc. of pre-motion conference letter (Slafsky, John) (Entered: July 23, 2004)
|
| August 4, 2004 |
74
|
Letter from Robert Novak to Honorable Judge D. Hurley, U.S.D.J., dated 8/4/04 re: To request a short extension of time to adequately respond to the arguments made in deft Goggle's
pre-motion letter requesting a conference and their grounds for dismissal, dated 7/23/04. (Fagan, Linda) (Entered: August 10, 2004)
|
| August 5, 2004 |
79
|
Endorsed ORDER re 74 Letter. Application granted. ( Signed by Judge Denis R. Hurley on 8/5/04.) c/m
(Fagan, Linda) (Entered: August 26, 2004)
|
| August 12, 2004 |
76
|
(Proposed) NOTICE of Voluntary Dismissal With Prejudice, Pursuant to Fed. R. Civ. P. 41(a)(1); That Pltff, Robert Novak d/b/a Pets Warehouse and PetsWarehouse.com, hereby dismisses all
claims and counterclaims of this action against Deft, Biochemics Inc. d/b/a doctordog.com, with prejudice, with each party to bear their own costs and attorneys fees. (Not signed by
Chambers, on 8/12/04) (Fagan, Linda) (Entered: August 17, 2004)
|
| August 12, 2004 |
81
|
NOTICE of Voluntary Dismissal, With Prejuedice, Pursuant to Fed. R. Civ. P. 41(a)(1); That pltff, Robert Novak d/b/a Pets Warehouse and PetsWarehouse.com, hereby dismisses all claims and
counterclaims of this action against Deft, Biochemics Inc. d/b/a doctordog.com, with prejudice, with each party to bear their own costs and attorneys fees. ( D&F as per chambers on
8/17/04) (Fagan, Linda) (Entered: September 13, 2004)
|
| August 18, 2004 |
82
|
Letter from Robert Novak to Honorable Judge D. Hurley, U.S.D.J., dated 8/16/04 re: To respond to deft Goggle's belated pre-motion request purs. to Rule 12(c). (Fagan, Linda) (Entered:
09/14/2004)
|
| August 19, 2004 |
77
|
Letter from David Kramer to The Honorable Denis Hurley. (Kramer, David) (Entered: August 19, 2004)
|
| August 25, 2004 |
78
|
(PROPOSED)STIPULATION AND ORDER Of Dismissal With Prejudice As Against Biochemics, Inc. d/b/a Doctordog.com; That this action, including all claims and counterclaims, is dismissed with
prejudice as against Biochemics, Inc. d/b/a Doctordog.com, with each party to pay its own costs and attorneys' fees. ( Not signed by Chambers, on 8/25/04) (Fagan, Linda) (Entered:
08/26/2004)
|
| August 30, 2004 |
|
ORDER re 76 Notice of Voluntary Dismissal, filed by Robert Novak, 78 Stipulation and Order, the complaint is hereby dismissed as to Defendant Biochemics, Inc. d/b/a
Doctordog.com. The Clerk of Court is directed to note the termination of Defendant Biochemics, Inc. d/b/a Doctordog.com on the docket. Defendant Defendant Biochemics, Inc. d/b/a
Doctordog.com is directed to serve a copy of this order upon all parties to this action. Signed by Judge Denis R. Hurley on 08/30/04. (Ott, Christopher) (Entered: August 30, 2004)
|
| September 8, 2004 |
80
|
NOTICE of Appearance by Suzanne Michelle Berger on behalf of Overture Services, Inc. (Berger, Suzanne) (Entered: September 8, 2004)
|
| September 14, 2004 |
83
|
TRANSCRIPT of Preliminary Conference held on 7/15/04 before The Honorable James Orenstein, United States District Judge. Court Reporter: Typing At Your Doorstep (516) 643-3483. (Proceedings
recorded by electronic sound recording, transcript produced by transcription service.) (Fagan, Linda) (Entered: September 15, 2004)
|
| December 15, 2004 |
84
|
Letter from Robert Novak to The Honorable Magistrate Judge James Orenstein, dated 12/15/04 re: To request that the Court to set the deadline of 12/21/04, for the pltff's production of the
documents set forth herein. (Fagan, Linda) (Entered: December 15, 2004)
|
| December 20, 2004 |
85
|
Letter from Suzanne M. Berger to Magistrate Judge James Orenstein Regarding extension of time to respond to plaintiff's letter concerning Overture's outstanding discovery requests. (Berger,
Suzanne) (Entered: December 20, 2004)
|
| December 20, 2004 |
|
ENDORSED ORDER on 85 Letter -- Defendnat Overture shall respond to Mr. Novak's 12/15/04 84 letter by 12/27/04. Ms. Berger shall serve a copy of this order on all parties upon receipt. Approved by
Judge James Orenstein on 12/20/04. (Branciforte, Ralph) (Entered: December 20, 2004)
|
| December 22, 2004 |
86
|
AFFIDAVIT of Service for Endorsed Order Dated 12/20/2004, on Suzanne Berger's letter to Magistrate Orenstein requesting additional time to respond to plaintiff's letter, served on Robert
Novak, John Holdefehr, Morrison Mahoney and Miller, LLP, Wilson Sonsini Goodrich and Rosati, Hodgson Ross LLP on 12/21/2004, filed by Overture Services, Inc.. (Berger, Suzanne) (Entered:
12/22/2004)
|
| December 27, 2004 |
87
|
Letter from Suzanne M. Berger to Honorable Magistrate Judge James Orenstein Regarding Discovery. (Attachments: # 1 Declaration of Philip A. Jones# 2 Exhibit A# 3 Exhibit B#
4 Exhibit C# 5
Exhibit D)(Berger, Suzanne) (Entered: December 27, 2004)
|
| December 29, 2004 |
88
|
Letter from David H. Kramer to The Honorable Denis R. Hurley Regarding Order of Notice of Voluntary Dismissal. (Kramer, David) (Entered: December 29, 2004)
|
| December 30, 2004 |
90
|
Letter from Robert Novak to Honorable Denis R. Hurley, dated 12/30/04 re: To respond to deft Google Inc's letter of December 29th requesting that this Court dismiss with prejudice pltff's
claims against deft; and to object to any such provisions. (Fagan, Linda) (Entered: January 20, 2005)
|
| January 3, 2005 |
89
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Letter from Suzanne M. Berger to Judge Hurley Regarding Overture's request that plaintiff's voluntary dismissal of his claims be "with prejudice.". (Berger, Suzanne) (Entered: January 3, 2005)
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| January 20, 2005 |
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ORDER: Following Plaintiff's submission of a Notice of Voluntary Dismissal of all claims against all remaining Defendants in this action, the Court had tentatively ordered this case closed
on 12/22/04. However, due to a clerical error, the order was not entered on the docket, and the case has not been closed. Defendant Google subsequently submitted 88 a letter suggesting that the dismissal be clarified as being with prejudice. Plaintiff responded that he
strongly objects to such a provision, and, assuming dismissal with prejudice is warranted, that he wishes to withdraw his voluntary dismissal and proceed with all claims. (Defendant
Overture subsequently submitted 89 its own letter in favor of dismissal with prejudice as well.) The
Court now directs the parties to submit additional letters addressing: (1) whether Plaintiff may retroactively condition his previous agreement to dismiss the case on the dismissal being
without prejudice; (2) whether and how this Court's failure to close the case when requested affects the considerations in Issue (1); and (3) assuming that it is within this Court's
discretion to decide, whether on the underlying merits and pursuant to Federal Rule of Civil Procedure 41, dismissal of this case should be with or without prejudice. The parties' letters
should mention any relevant facts and cite any helpful authority, but should be as concise as possible. These letters should be received by the Court no later than February 7, 2005. Signed
by Judge Denis R. Hurley on 1/20/05. (Entered: January 20, 2005)
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| January 20, 2005 |
91
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NOTICE of Voluntary Dismissal by Robert Novak; That pltff Novak, hereby dismisses all claims of this action against Deft's, Overture Services, Inc., Google, Inc. and John Holdefehr D/B/A
Judge-for-yourself.com, each party to bear their own costs and attorneys fees; and that the remaining defts having been dismissed by separate order, this case should bee deemed closed. (
Signed by Dennis R. Hurley, U.S.D.J., on 1/20/05) (Fagan, Linda) (Entered: January 24, 2005)
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| February 7, 2005 |
92
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Letter from John L. Slafsky of Wilson Sonsini Goodrich & Rosati to The Honorable Denis R. Hurley Regarding the dismissal of case ordered dated January 20, 2005. (Slafsky, John)
(Entered: February 7, 2005)
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| February 7, 2005 |
93
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Letter from Suzanne M. Berger to Judge Hurley Regarding court's January 20, 2005 order. Since Plaintiff intends to voluntarily dismiss his claims with prejudice, and Defendant Overture will
voluntarily dismiss their counterclaim with prejudice, no substantive response to January 20, 2005 order will be filed. (Berger, Suzanne) (Entered: February 7, 2005)
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| February 7, 2005 |
96
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Letter from Robert Novak to Honorable Judge Denis R. Hurley, U.S.D.J., dated 2/7/05 re: To request that this court find that the case be deemed closed and both parties' claims are dismissed
without prejudice and upon such terms and conditions as the court deems proper. (Fagan, Linda) (Entered: February 9, 2005)
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| February 8, 2005 |
94
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Letter from Robert Novak to Honorable Denis R. Hurley, dated 2/8/05 re: To bring this Court's attention to the "outright misstatement of facts by Google's attorney Mr. John Stafsky in his
letter of 2/7/05". (Fagan, Linda) (Entered: February 8, 2005)
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| February 8, 2005 |
95
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Letter from John L. Slafsky representing Defendant Google, Inc. to The Honorable Denis R. Hurley Regarding Plaintiff's February 8, 2005 letter to the Court. (Slafsky, John) (Entered:
02/08/2005)
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| February 16, 2005 |
99
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ORDER: this Court's former endorsement 91 of Plaintiff's Notice of Voluntary Dismissal was without
prejudice. Signed by Judge Denis R. Hurley on 2/16/05. Additional attachment(s) added on 2/22/2005 (Fagan, Linda). (Entered: February 16, 2005)
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| February 17, 2005 |
97
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NOTICE of Voluntary Dismissal by Overture Services, Inc. (Berger, Suzanne) (Entered: February 17, 2005)
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| February 18, 2005 |
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ORDER: in light of 97 the "Notice of Voluntary Dismissal" filed by Defendant Overture Services, Inc.,
the dismissal of Plaintiff's claims against Overture, and of Overture's counterclaims against Plaintiff, shall hereby be WITH PREJUDICE. Signed by Judge Denis R. Hurley on 2/18/05.
(Entered: February 18, 2005)
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| February 18, 2005 |
98
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Letter from David H. Kramer to The Honorable Denis R. Hurley Regarding Pre-Motion Conference. (Attachments: # 1 Exhibit A)(Kramer, David) (Entered: February 18, 2005)
|
| February 22, 2005 |
100
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NOTICE of Appearance by John L. Slafsky on behalf of all defendants (Slafsky, John) (Entered: February 22, 2005)
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| February 25, 2005 |
101
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Letter from Suzanne M. Berger to Honorable Denis R. Hurley Regarding Request for a formal order dismissing claims with prejudice. (Attachments: # 1 Proposed Order)(Berger, Suzanne) (Entered: February 25, 2005)
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| February 25, 2005 |
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ORDER: the Court is in receipt of 101 a letter from Suzanne M. Berger, counsel to Defendant Overture,
requesting a "formal" version of this Court's previous electronic order that dismissed all claims against Overture, and all counterclaims by Overture, with prejudice; Ms. Berger and all
other parties are hereby informed or reminded that this Court's electronic orders, once appearing on the electronic docket, are 100% formal, official, and legally binding in all respects;
Ms. Berger's request is accordingly DENIED. Signed by Judge Denis R. Hurley on 2/25/05. (Entered: February 25, 2005)
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| March 2, 2005 |
102
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Letter from Robert Novak to Honorable Judge Denis R. Hurley, U.S.D.J., dated 3/1/05 re: To request that this Court deny deft Google's motion for reconsideration; and this Court's Memorandum
& Order dated 2/16/05 remain undisturbed. (Fagan, Linda) Modified on 3/3/2005 (Fagan, Linda). (Entered: March 2, 2005)
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| March 3, 2005 |
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Email Test - DO NOT REPLY (Mahon, Cinthia) (Entered: March 3, 2005)
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| March 7, 2005 |
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ORDER: the Court is in receipt of 98 Defendant Google's Letter of 2/18/05, requesting a premotion
conference in advance of a motion for reconsideration of this Court's 2/16/05 determination that the previous stipulation of dismissal between Google and Plaintiff was without prejudice, or
alternatively, for an award of costs and fees; under Individual Rule 2.A, Google's motion may be filed without leave from this Court; although Local Civil Rule 6.3 mandates that a notice of
motion for reconsideration be served within ten days of the court's determination, in light of the procedurally uncertain posture of this case, the Court waives that requirement; Google may
furnish Plaintiff with its motion papers no later than March 21, 2005; Plaintiff may furnish Google with his opposition papers no later than April 4, 2005; Google shall then have until
April 11, 2005 to submit all motion papers, including any reply memorandum. Signed by Judge Denis R. Hurley on 3/7/05. (Entered: March 7, 2005)
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| March 8, 2005 |
103
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Letter from John Holdefehr to The Honorable Denis R. Hurley, dated 2/25/05 re: To request that this case be dismissed with prejudice; and to request "if dismissal of this case with
prejudice means continuing this case, that it be dismissed just as the pltff submitted it to the court, with no clarification of prejudice." (Fagan, Linda) Modified on 3/10/2005 (Fagan,
Linda). (Entered: March 9, 2005)
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| March 18, 2005 |
104
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STIPULATION and [Proposed] Order by Google, Inc., Google, Inc.. (Kramer, David) (Entered: March 18, 2005)
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| April 1, 2005 |
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ORDER endorsing 104 the Stipulation filed by Defendant Google, Inc., whereby Plaintiff Novak's former
notice of dismissal without prejudice is vacated; Novak now dismisses all claims against Google WITH prejudice, and Google dismisses WITHOUT prejudice all counterclaims against Novak; as
per the stipulation, this case shall remain CLOSED, and the Court's March 7, 2005 Order setting a briefing schedule for motions for reconsideration and fees is now MOOT; the stipulation is
SO ORDERED. Signed by Judge Denis R. Hurley on 4/1/05. (Entered: April 1, 2005)
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