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Date Filed
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Docket Text
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| November 21, 2008 |
1
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COMPLAINT against Google, Inc.. (Filing Fee $ 350.00, Receipt Number 670420)Document filed by Roger Marx Desenberg.(rdz) (Entered: November 24, 2008)
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| November 21, 2008 |
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SUMMONS ISSUED as to Google, Inc.. (rdz) (Entered: November 24, 2008)
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| November 21, 2008 |
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Magistrate Judge Andrew J. Peck is so designated. (rdz) (Entered: November 24, 2008)
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| November 24, 2008 |
2
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Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) (Entered: November 24, 2008)
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| December 1, 2008 |
3
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PRO SE PRETRIAL CONFERENCE NOTICE: Initial Conference set for 3/25/2009 at 09:30 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge
George B. Daniels on 11/25/2008) (jfe) (Entered: December 1, 2008)
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| February 4, 2009 |
7
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SUMMONS RETURNED EXECUTED Summons and Complaint served. Google, Inc. served on 12/8/2008. Service was accepted by Defendant. Document filed by Roger Marx Desenberg. (pl) (Entered:
02/13/2009)
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| February 5, 2009 |
4
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MOTION for an order for Preliminary Injunction. Document filed by Roger Marx Desenberg.(pl) (Entered: February 6, 2009)
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| February 5, 2009 |
5
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AFFIDAVIT of Roger Marx Desenberg in Support re: 4 MOTION for Preliminary Injunction. Document filed by Roger Marx Desenberg. (pl) (Entered: February 6, 2009)
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| February 5, 2009 |
6
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AFFIDAVIT OF SERVICE of Summons and Complaint. Google, Inc. served on 2/4/2009, answer due 2/24/2009. Service was accepted by Eyllen Cruz. Document filed by Roger Marx Desenberg. (pl)
(Entered: February 6, 2009)
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| February 17, 2009 |
8
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MOTION for a final hearing for the motion for preliminary injunction...; Document filed by Roger Marx Desenberg.(djc) (Entered: February 18, 2009)
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| February 18, 2009 |
9
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MOTION for an order to grant ECF access and provide a password to the plaintiff during the pendency of this action. Document filed by Roger Marx Desenberg.(djc) (Entered: February 19, 2009)
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| February 23, 2009 |
10
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STIPULATION TO EXTEND TIME. Google agrees to not contest the subject matter jurisdiction of this Court in this case, but reserves its right to assert any other defenses; Google's time in
which to move, answer, or otherwise respond to the Complaint shall be extended to and including March 20, 2009; Google's time in which to respond to Plaintiff's 4 MOTION for Preliminary
Injunction shall be extended to and including March 20, 2009. (Signed by Judge George B. Daniels on 2/23/09) (djc) (Entered: February 23, 2009)
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| February 24, 2009 |
11
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NOTICE OF APPEARANCE by Edward John Defranco on behalf of Google, Inc. (Defranco, Edward) (Entered: February 24, 2009)
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| March 13, 2009 |
12
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NOTICE OF APPEARANCE by Charles K. Verhoeven on behalf of Google, Inc. (Verhoeven, Charles) (Entered: March 13, 2009)
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| March 20, 2009 |
13
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MOTION to Dismiss. Document filed by Google, Inc..(Defranco, Edward) (Entered: March 20, 2009)
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| March 20, 2009 |
14
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MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss.. Document filed by Google, Inc.. (Defranco, Edward) (Entered:
03/20/2009)
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| March 20, 2009 |
15
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DECLARATION of Edward DeFranco in Support re: 13 MOTION to Dismiss.. Document filed by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Defranco, Edward) (Entered: March 20, 2009)
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| March 20, 2009 |
16
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RESPONSE in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Google, Inc.. (Defranco, Edward) (Entered: March 20, 2009)
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| March 20, 2009 |
17
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DECLARATION of Edward DeFranco in Opposition re: 4 MOTION for Preliminary Injunction.. Document filed by Google, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Defranco, Edward) (Entered: March 20, 2009)
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| March 23, 2009 |
18
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ENDORSED LETTER addressed to Judge George B. Daniels from Edward J. DeFranco dated 3/19/09 re: Counsel requests that the Court postpone the pro se pretrial conference until Thursday,
March 26, 2009. ENDORSEMENT: The conference is adjourned to March 26, 2009 at 9:30 a.m. (Signed by Judge George B. Daniels on 3/23/09) (mme) (Entered: March 23, 2009)
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| March 23, 2009 |
19
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MEMO ENDORSEMENT on ORDER TO SHOW CAUSE FOR INJUNCTION AND RESTRAINING TO HALT DEFENDANT'S WILLFUL DEGRADATION OF PLAINTIFF'S TECHNOLOGY, Motion denied. (Signed by Judge George B. Daniels
on 3/19/09) (mme) (Entered: March 23, 2009)
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| March 24, 2009 |
20
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NOTICE OF APPEARANCE by Patrick Daniel Curran on behalf of Google, Inc. (Curran, Patrick) (Entered: March 24, 2009)
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| March 25, 2009 |
21
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RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Google, Inc.. (Attachments: # 1 Exhibit A)(Curran, Patrick) (Entered:
03/25/2009)
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| March 26, 2009 |
22
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ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery,
non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Andrew J.
Peck. Motions referred to Andrew J. Peck. (Signed by Judge George B. Daniels on 3/26/09) (tro) (Entered: March 26, 2009)
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| March 27, 2009 |
23
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MEMO ENDORSED ON MOTION FOR PLAINTIFF OF ECF ACCESS: ENDORSEMENT: Request denied- The ECF System is for use by attorneys only. However, the public (including Mr. Desenberg) can pull up
and print out ECF filings in this case through the PACER system. In addition, this Judge will fax Orders to Mr. Desenberg if he supplies a fax number, or will email them to him. So
Ordered (Signed by Magistrate Judge Andrew J. Peck on 3/27/09) (js) Copies Mailed By Chambers (Entered: March 27, 2009)
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| March 27, 2009 |
24
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ORDER: Defendant's motion to dismiss was filed on March 20, 2009. Plaintiff's opposition papers would be due April 3, 2009, but the Court extends the time for him to file his opposition
papers to April 13, 2009. Defendant's reply papers shall be due April 21, 2009. If either party needs an extension, they shall promptly seek it. The Court stays discovery because of the
pending motion to dismiss, until the Court decides the motion to dismiss or until further Court Order. The parties are advised that my chambers (Room 1370, 500 Pearl Street) are to be
provided with a (paper) courtesy copy of all papers already filed and all papers hereafter filed with the Court. The parties are to follow the "Individual Practices of Magistrate Judge
Andrew J. Peck." So Ordered (Signed by Magistrate Judge Andrew J. Peck on 3/27/09) (js) (Entered: March 27, 2009)
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| March 27, 2009 |
25
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NOTICE OF CHANGE OF ADDRESS by Edward John Defranco on behalf of Google, Inc.. New Address: Phone (212) 849-7106, Fax (212) 849-7100. (Defranco, Edward) (Entered: March 27, 2009)
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| April 13, 2009 |
26
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PLAINTIFF'S ANSWER TO DEFENDANT'S MOTION TO DISMISS re: 13 MOTION to Dismiss. Document filed by Roger Marx Desenberg. (tro)
(Entered: April 16, 2009)
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| April 13, 2009 |
27
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DECLARATION OF FACTS ABOUT THE QUALITY SCORE MODULE BEING EXCEPTION SOFTWARE THAT PRODUCES FRAUD VIOLATING THE CLAYTON ACT. Document filed by Roger Marx Desenberg. (tro) (Entered:
04/16/2009)
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| April 13, 2009 |
28
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PLAINTIFF'S DECLARATION OF FACTS ABOUT INTENTION OF PATENT LEVERAGE IS TO MAKE THE U.S. INTERNET MARKETPLACE FAIR AND NOT ABOUT LUXURY LIVING. Document filed by Roger Marx Desenberg.
(tro) (Entered: April 16, 2009)
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| April 13, 2009 |
29
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PLAINTIFF'S MOTION FOR THE COURT TO TEST WEB SITES, THE PLAINTIFF'S PROJECTWORK.COM AND DEFENDANT'S ORIGINAL MAXIMUM PRICE ADWORDS THAT WAS IMPLEMENTED BEFORE THE FILING DATE OF THE
ORIGINAL COMPLAINT. Document filed by Roger Marx Desenberg.(tro) (Entered: April 16, 2009)
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| April 13, 2009 |
30
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PLAINTIFF'S DECLARATION OF FACTS ON HOW TO TEST THE LEAD OPTION ENGINE AND ADWORDS ON THE INTERNET, TO BE ABLE TO COMPETENTLY DETERMINE PROBABLE INFRINGEMENT IN LESS THAN ONE HOUR.
Document filed by Roger Marx Desenberg. (tro) (Entered: April 16, 2009)
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| April 13, 2009 |
31
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PLAINTIFF'S MOTION TO REMOVE IRREPERABLE HARM. Document filed by Roger Marx Desenberg.(tro) (Entered: April 16, 2009)
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| April 13, 2009 |
32
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PLAINTIFF'S MOTION for Temporary Restraining Order to Preserve Status Quo. Document filed by Roger Marx Desenberg.(tro) (Entered: April 17, 2009)
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| April 13, 2009 |
33
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PLAINTIFF'S MOTION to Grant the Desenberg Stipulation. Document filed by Roger Marx Desenberg.(tro) (Entered: April 17, 2009)
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| April 13, 2009 |
34
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PLAINTIFF'S OFFER OF VOLUNTARY ENJOINMENT AND SETTLEMENT FOR DAMAGES. Document filed by Roger Marx Desenberg. (tro) (Entered: April 17, 2009)
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| April 13, 2009 |
35
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PLAINTIFF'S MOTION to Withdraw Motion for Preliminary Injunction. Document filed by Roger Marx Desenberg.(tro) (Entered: April 17, 2009)
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| April 13, 2009 |
36
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DECLARATION of Roger Marx Desenberg of Facts about Licensing and Enjoinment. Document filed by Roger Marx Desenberg. (tro) (Entered: April 17, 2009)
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| April 14, 2009 |
42
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PLAINTIFF'S DECLARATION OF FACTS ABOUT DEFENDANT'S OMISSION OF DENIAL OF SPECIFIC CLAIM PHRASES. Document filed by Roger Marx Desenberg. (tro) (Entered: April 28, 2009)
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| April 16, 2009 |
37
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PLAINTIFF'S DECLARATION OF FACTS SUPPORTING ENJOINMENT POSITION. Document filed by Roger Marx Desenberg. (tro) (Entered: April 20, 2009)
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| April 16, 2009 |
38
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PLAINTIFFS' DECLARATION OF NEW FACTS SUPPORTS PATENT ASSIGNMENT, TEMPORARY RESTRAINING ORDER, DESENBERG STIPULATION, AND MOTION TO REMOVE IRREPARABLE HARM. Document filed by Roger Marx
Desenberg. (tro) (Entered: April 20, 2009)
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| April 21, 2009 |
39
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - REPLY MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss. Document filed
by Google, Inc. (Curran, Patrick) Modified on 4/22/2009 (db). (Entered: April 21, 2009)
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| April 21, 2009 |
40
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FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of Patrick Curran in Support re: 13 MOTION to Dismiss. Document
filed by Google, Inc. (Attachments: # 1 Exhibit A)(Curran, Patrick) Modified on 4/22/2009 (db). (Entered: April 21, 2009)
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| April 21, 2009 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Patrick Daniel Curran to MANUALLY RE-FILE Document Reply Memorandum in Support of Motion, Document No. 39.
This case is not ECF. (db) (Entered: April 22, 2009)
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| April 21, 2009 |
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Patrick Daniel Curran to MANUALLY RE-FILE Document Declaration in support of Motion, Document No. 40. This
case is not ECF. (db) (Entered: April 22, 2009)
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| April 24, 2009 |
43
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REPLY in Support re: 13 MOTION to Dismiss. Document filed by Google, Inc.. (jmi) (Entered: April 30, 2009)
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| April 24, 2009 |
44
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DECLARATION of Patrick Curran in Support re: 43 Reply Memorandum of Law in Support of Motion. Document filed by Google, Inc.. (jmi) (Entered: April 30, 2009)
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| April 28, 2009 |
41
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ORDER: Pro se plaintiff Roger Marx Desenberg recently has filed various affidavits and motions (Dkt. Nos. 27-38.) The Court deals with them as follows: 1. Docket Nos. 27 and 28 are
Desenberg's declarations, but they do not relate to any motion or any other issue presently before the Court. To the extent they may relate to issues that may come up at trial, they are
premature. The Court will take no further action as to these declarations. 2. Docket No. 29, "Plaintiffs Motion for the Court to Test Web Sites, etc.," is DENIED. Once the pending motion
to dismiss is decided, discovery can begin. Discovery is done by the parties. The Court does not "test" things until trial. Docket No. 30 is Desenberg's declaration explaining how to test
things; it has no relevance at this stage of the case. 3. Docket No. 31 is entitled "Plaintiffs Motion to Grant the Desenberg Stipulation" but also is titled "Plaintiffs Motion to Remove
Irreparable Harm." The motion is DENIED. In essence, Desenberg is asking to be able to "preserve the status quo" by allowing him to "run his invention" for a time to earn money to pay for
his lawsuit. The motion is largely incomprehensible but in any event fails to meet the standard for a TRO or a preliminary injunction. Nor does it preserve the status quo but rather
changes it. The motion is DENIED. 4. Docket No. 32, "Plaintiffs Motion for Temporary Restraining Order to Preserve the Status Quo" is similar to Docket No. 31 and is DENIED for the same
reason - among other things, it actually seeks to change the status quo, and does not show a likelihood of success on the merits or irreparable harm. 5. Docket No. 33, "Plaintiffs Motion
to Grant the Desenberg Stipulation," is DENIED as frivolous. A stipulation is a willing agreement of the parties. Here, there is no such agreement. 6. Docket No. 34, "Plaintiffs Offer of
Voluntary Enjoinment and Settlement for Damages," is similarly DENIED. A "voluntary" injunction and a settlement require both parties to agree. There is no such agreement here (and it is
clear that Google will not voluntarily pay the $3 billion that Desenberg suggests as the settlement amount). 7. Docket No. 35, "Plaintiffs Withdrawal of Motion for Preliminary Injunction"
is GRANTED only to the extent of withdrawing plaintiffs prior motion for a preliminary injunction. 8. Docket Nos. 36-38 are Desenberg's declarations in support of certain of the above
motions. They require no separate Court action at this time. The Court strongly recommends that plaintiff Desenberg obtain an attorney for this litigation. A patent case is no place for a
pro se litigant. (Plaintiff may wish to dismiss this case without prejudice until such time as he can obtain counsel - see Fed. R. Civ. P. 41.)(Signed by Magistrate Judge Andrew J. Peck
on 4/28/2009) Copies Faxed By Chambers.(jfe) (Entered: April 28, 2009)
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| May 1, 2009 |
45
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TRANSCRIPT of proceedings held on March 26, 2009 @ 9:50 a.m. before Judge George B. Daniels. (jab) (Entered: May 4, 2009)
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| May 8, 2009 |
46
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DECLARATION of Roger Marx Desenberg of facts relevant to attorney hiring, motion to dismiss, and offer for settlement. Document filed by Roger Marx Desenberg. (mbe) (Entered: May 13, 2009)
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| May 13, 2009 |
47
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DECLARATION of Roger Marx Desenberg of facts relevant to infringement and Global Fraud. Document filed by Roger Marx Desenberg. (mbe) (Entered: May 18, 2009)
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| July 30, 2009 |
48
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REPORT AND RECOMMENDATIONS, that Google's motion to dismiss (Dkt. No. 13) should be GRANTED and Desenberg's complaint should be DISMISSED. Objections to R&R due by 8/17/2009 (Signed
by Magistrate Judge Andrew J. Peck on 7/30/09) Copies Mailed By Chambers.(pl) (Entered: July 30, 2009)
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| July 30, 2009 |
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CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. I have closed the above reference for magistrate judge statistical purposes. Reason: 7/30/09 Report and Recommendation.(ae)
(Entered: July 31, 2009)
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| August 17, 2009 |
49
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ORDER: Pro se Plaintiffs request for a 30-day extension of time to file objections to Magistrate Judge Peck's Report and Recommendation is granted. The deadline for Plaintiffs objections
is September 17, 2009. (Signed by Judge George B. Daniels on 8/17/2009) (jfe) (Entered: August 17, 2009)
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| September 17, 2009 |
50
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OBJECTION to 48 Report and Recommendations Document filed by Roger Marx Desenberg. (djc) (Entered: September 21, 2009)
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| September 18, 2009 |
51
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OBJECTION to 48 Report and Recommendations. Document filed by Roger Marx Desenberg. (mro) (Entered: September 29, 2009)
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| October 1, 2009 |
52
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DEFENDANT GOOGLE INC'S RESPONSE TO re: 51 Objection to Report and Recommendations dates 7/30/09. Document filed by Google, Inc.(mro) (Entered: October 2, 2009)
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| October 1, 2009 |
53
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DECLARATION of Patrick Curran in Support re: 52 Response to Plaintiff's objections to the Report and Recommendation dated 7/30/09. Document filed by Google, Inc. (mro) (Entered:
10/02/2009)
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| October 13, 2009 |
54
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MEMORANDUM in Reply to defendant's re: 48 Report and Recommendations. Document filed by Roger Marx Desenberg. (mbe) (Entered:
10/14/2009)
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