Claim that iconic Obama poster infringes on AP photo copyright
http://cyberlaw.stanford.edu/node/6061
The following documents for this case are available for you to view or download.
| Date Filed | # | Document Text |
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| February 9, 2009 | 1 | COMPLAINT against The Associated Press. (Filing Fee $ 350.00, Receipt Number 677352)Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz) |
| February 9, 2009 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shepard Fairey, Obey Giant Art, Inc.(rdz) |
| February 9, 2009 | 3 | MOTION for Anthony T. Falzone to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| February 18, 2009 | 4 |  ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION granting 3 Motion for Anthony T. Falzone to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 2/18/09) (mme) |
| February 19, 2009 | 5 | REQUEST FOR WAIVER OF SERVICE sent to Larry Brando as Registered Agent of The Associated Press. Document filed by Shepard Fairey, Obey Giant Art, Inc. Request for Waiver Mailed on 2/9/2009. Waiver of Service due by 3/9/2009. (Ahrens, Julie) |
| March 4, 2009 | 6 | WAIVER OF SERVICE AND STIPULATION: Pursuant to F.R.C.P. 4(d), Defendant hereby waives service of the Summons and Complaint. Defendant shall files its response to the Complaint on or before 3/4/09. (Signed by Judge Alvin K. Hellerstein on 3/3/09) (tro) |
| March 3, 2009 | 7 | MOTION for Joseph C. Gratz to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| March 3, 2009 | 8 | MOTION for Michael Page to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| March 3, 2009 | 9 | MOTION for Mark A. Lemley to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc.(dle) |
| March 11, 2009 | 10 | NOTICE OF CHANGE OF ADDRESS by Dale Margaret Cendali on behalf of The Associated Press. New Address: Kirkland & Ellis LLP, 153 East 53rd Street, New York, New York, USA 10022, 212.446-4800. (Cendali, Dale) |
| March 11, 2009 | 11 | NOTICE OF APPEARANCE by Dale Margaret Cendali on behalf of The Associated Press (Cendali, Dale) |
| March 11, 2009 | 12 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Associated Press.(Cendali, Dale) |
| March 11, 2009 | 13 | ANSWER to Complaint., COUNTERCLAIM against Obey Giant LLC, Studio Number One, Inc., Shepard Fairey, Obey Giant Art, Inc. Document filed by The Associated Press.(Cendali, Dale) |
| March 12, 2009 | 14 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 9 Motion for Mark A. Lemley to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db) |
| March 12, 2009 | 15 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 7 Motion for Joseph C. Gratz to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db) |
| March 12, 2009 | 16 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: ORDER granting 8 Motion for Michael Page to Appear Pro Hac Vice for plaintiffs. (Signed by Judge Alvin K. Hellerstein on 3/12/09) (db) |
| April 8, 2009 | 17 | AFFIDAVIT OF SERVICE of 1) Third-Party Summons in a Civil Action, 2) Defendant and Third-Party Plaintiff's Answer and Counterclaims, 3) Individual Practice Rules of Judge Hellerstein and 4) the Standing Orders of Magistrate Eaton served on Obey Giant LLC on 3/31/09. Service was made by Federal Express. Document filed by The Associated Press. (Cendali, Dale) |
| April 8, 2009 | 18 | AFFIDAVIT OF SERVICE of 1) Third-Party Summons in a Civil Action, 2) Defendant and Third-Party Plaintiff's Answer and Counterclaims, 3) Individual Practice Rules of Judge Hellerstein and 4) the Standing Orders of Magistrate Eaton served on Studio Number One, Inc. on 3/31/09. Service was made by Federal Express. Document filed by The Associated Press. (Cendali, Dale) |
| April 14, 2009 | 19 | STIPULATION EXTENDING TIME: The time for Counterclaim Defendants to move, answer or otherwise respond to the counterclaim complaint in this action shall be extended to and including 4/14/09. (Signed by Judge Sidney H. Stein for Judge Alvin K. Hellerstein on 4/14/09) (tro) |
| April 14, 2009 | 20 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Obey Giant LLC, Studio Number One, Inc..(Falzone, Anthony) |
| April 14, 2009 | 21 | ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.. (Attachments: # 1 Exhibit A)(Falzone, Anthony) |
| April 15, 2009 | 22 | NOTICE OF APPEARANCE by Claudia Elizabeth Ray on behalf of The Associated Press (Ray, Claudia) |
| April 15, 2009 | 23 | NOTICE OF APPEARANCE by Brendan Thomas Kehoe on behalf of The Associated Press (Kehoe, Brendan) |
| April 28, 2009 | 24 | ENDORSED LETTER addressed to Alvin K. Hellerstein from Claudia Ray dated April 27, 2009, re: We represent defendant and counterclaim plaintiff The Associated Press in the above-referenced litigation. We understand that an initial court conference has been scheduled for Friday, May 15, 2009 at 9:45 am. Unfortunately, we have a preexisting conflict at that time ENDORSEMENT: Conf. adjourned to 5/22/2009, 9:30 am. ( Initial Conference set for 5/22/2009 at 09:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 4/27/2009) (rw) |
| May 29, 2009 | 25 | CASE MANAGEMENT ORDER: Amended Pleadings due by 8/21/2009. Fact Discovery due by 8/14/2009. Joinder of Parties due by 8/21/2009. ENDORSEMENT: Next status conf. 9/11/2009 10:00 am, to discuss all following stages. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/22/2009) (tve) |
| June 24, 2009 | 26 | STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Alvin K. Hellerstein on 6/23/2009) (tve) |
| July 9, 2009 | 27 | QUARTERLY MOTION to Intervene Notice of Motion. Document filed by Mannie Garcia.(Carpinello, George) |
| July 9, 2009 | 28 | MEMORANDUM OF LAW in Support re: 27 QUARTERLY MOTION to Intervene Notice of Motion.. Document filed by Mannie Garcia. (Carpinello, George) |
| July 9, 2009 | 29 | DECLARATION of George F. Carpinello in Support re: 27 QUARTERLY MOTION to Intervene Notice of Motion.. Document filed by Mannie Garcia. (Attachments: # 1 Exhibit A to Carpinello Declaration)(Carpinello, George) |
| July 9, 2009 | 30 | CERTIFICATE OF SERVICE. Service was made by Mail and E-mail. Document filed by Mannie Garcia. (Carpinello, George) |
| July 22, 2009 | 31 | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Dale M. Cendali and Anthony T. Falzone dated 7/22/09 re: The parties in this matter write jointly to inform Your Honor that they do not oppose Mannie Garcia's motion to intervene in this action, which was filed on 7/8/09. Counsel do respectfully ask the Court to give the parties until Friday, 8/14/09 to respond to Mr. Garcia's pleading. ENDORSEMENT: So ordered. The conf. of Sep. 11, 2009 is adjourned to Nov. 20, 2009, 10:00 a.m. (Signed by Judge Alvin K. Hellerstein on 7/22/09) (tro) |
| July 22, 2009 | 32 | MEMO ENDORSEMENT granting 27 Motion to Intervene. ENDORSEMENT: Motion to Intervene is granted, w/out opp'n. (Signed by Judge Alvin K. Hellerstein on 7/22/09) (tro) |
| July 23, 2009 | 33 | ANSWER to Complaint., CROSSCLAIM against The Associated Press., COUNTERCLAIM against all plaintiffs. Document filed by Mannie Garcia.(Carpinello, George) |
| August 14, 2009 | 34 | STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material.... (Signed by Judge Alvin K. Hellerstein on 8/14/2009) (jfe) |
| August 14, 2009 | 35 | ANSWER to Counterclaim., COUNTERCLAIM against Mannie Garcia. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph) |
| August 14, 2009 | 36 | ANSWER to Complaint., CROSSCLAIM against Mannie Garcia. Document filed by The Associated Press.(Cendali, Dale) |
| August 24, 2009 | 37 | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Claudia Ray dated 8/21/09 re: counsel for defendant requests that the Court extend the deadline to amend or join parties to 10/30/09. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 8/24/09) (dle) |
| August 25, 2009 | 38 | NOTICE OF APPEARANCE by Sarah Pearson Hinchliff on behalf of Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Hinchliff, Sarah) |
| September 8, 2009 | 39 | ANSWER to Counterclaim. Document filed by Mannie Garcia.(Carpinello, George) |
| September 8, 2009 | 40 | ANSWER to Crossclaim. Document filed by Mannie Garcia.(Carpinello, George) |
| October 16, 2009 | 41 | MOTION to Amend/Correct 21 Answer to Counterclaim, 1 Complaint, 35 Answer to Counterclaim,. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.. (Attachments: # 1 Exhibit A part 1, # 2 Exhibit A part 2, # 3 Exhibit A part 3, # 4 Exhibit B part 1, # 5 Exhibit B part 2, # 6 Exhibit B part 3, # 7 Exhibit C part 1, # 8 Exhibit C part 2, # 9 Exhibit C part 3, # 10 Exhibit C part 4)(Ahrens, Julie) |
| October 20, 2009 | 42 | MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure. Document filed by The Associated Press.(Cendali, Dale) |
| October 20, 2009 | 43 | MEMORANDUM OF LAW in Support re: 42 MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure.. Document filed by The Associated Press. (Cendali, Dale) |
| October 20, 2009 | 44 | DECLARATION of Dale M. Cendali in Support re: 42 MOTION to Amend/Correct The Associated Press's Answer, Affirmative Defenses and Counterclaims Pursuant to Rule 15(a) and Rule 21 of the Federal Rules of Civil Procedure.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cendali, Dale) |
| October 29, 2009 | 45 | NOTICE OF APPEARANCE by Geoffrey Shannon Stewart on behalf of Shepard Fairey, Obey Giant Art, Inc (Stewart, Geoffrey) |
| October 29, 2009 | 46 | MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Gratz, Joseph) |
| November 2, 2009 | 47 | NOTICE OF APPEARANCE by Meir Feder on behalf of Shepard Fairey, Obey Giant Art, Inc (Feder, Meir) |
| November 4, 2009 | 48 | MOTION for William E. Fisher III to Appear Pro Hac Vice. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc.(mro) |
| November 9, 2009 | 49 | MEMORANDUM OF LAW in Opposition re: 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey.. Document filed by The Associated Press. (Cendali, Dale) |
| November 9, 2009 | 50 | DECLARATION of Dale M. Cendali in Opposition re: 46 MOTION to Substitute Attorney. Old Attorney: The Center for Internet and Society at Stanford Law School and Durie Tangri LLP, New Attorney: Jones Day, William W. Fisher III, and John Palfrey.. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cendali, Dale) |
| November 9, 2009 | 51 | ORDER: granting 48 Motion for William E. Fisher III to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 11/9/2009) (jfe) |
| November 10, 2009 | 52 | ORDER granting 41 Motion to Amend/Correct ; granting 42 Motion to Amend/Correct ; granting 46 Motion to Substitute Attorney. Added attorney Jones Day for Shepard Fairey and Obey Giant Art, Inc, William W. Fisher, III for Shepard Fairey and Obey Giant Art, Inc. Attorney Joseph C. Gratz; Sarah Hinchliff Pearson; Mark Lemley; Michael H. Page; Julie Angela Ahrens and Anthony T. Falzone terminated. On November 10, 2009, the parties came before me to argue three motions. For the reasons stated on the record, I grant the parties' motions to amend the pleadings, Defendants' motion to add One 3 Two, Inc. (d/b/a Obey Clothing) as a counterclaim defendant, and Fairey's motion to substitute counsel. The clerk shall mark the motions (Doc Nos. 41,42, and 46) as terminated. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/10/2009) (jmi) Modified on 11/16/2009 (jmi). |
| November 10, 2009 | 53 | MOTION for Michael F. Williams to Appear Pro Hac Vice. Document filed by The Associated Press.(dle) |
| November 12, 2009 | 54 | AMENDED ANSWER to., COUNTERCLAIM against Shepard Fairey, One 3 Two, Inc., Obey Giant LLC, Studio Number One, Inc., Obey Giant Art, Inc. Document filed by The Associated Press. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cendali, Dale) |
| November 12, 2009 | 55 | SUMMONS RETURNED EXECUTED. One 3 Two, Inc. served on 11/11/2009, answer due 12/1/2009. Service was accepted by Robyn C. Crowther, Counsel for One 3 Two, Inc. (d/b/a Obey Clothing). Service was made by E-Mail. Document filed by The Associated Press. (Cendali, Dale) |
| November 12, 2009 | 56 | CERTIFICATE OF SERVICE of Summons and Amended Answer to Complaints, Counterclaim,,. Service was accepted by Robyn C. Crowther, Counsel for One 3 Two, Inc. (d/b/a Obey Clothing). Service was made by E-Mail. Document filed by The Associated Press. (Cendali, Dale) |
| November 13, 2009 | 57 | AMENDED ANSWER to 33 Answer to Complaint, Crossclaim, Counterclaim., COUNTERCLAIM against Mannie Garcia. Document filed by Shepard Fairey, Obey Giant Art, Inc. (Stewart, Geoffrey) |
| November 13, 2009 | 58 | AMENDED ANSWER to 13 Answer to Complaint, Counterclaim. Document filed by Shepard Fairey, Studio Number One, Inc., Obey Giant Art, Inc. (Stewart, Geoffrey) |
| November 13, 2009 | 59 | AMENDED COMPLAINT amending 1 Complaint against The Associated Press.Document filed by Shepard Fairey, Obey Giant Art, Inc. Related document: 1 Complaint filed by Obey Giant Art, Inc, Shepard Fairey.(mro) |
| November 16, 2009 | 60 | ORDER ADMITTING COUNSEL PRO HAC VICE granting 53 Motion for Michael F. Williams to Appear Pro Hac Vice for the Associated Press. (Signed by Judge Alvin K. Hellerstein on 11/16/09) (cd) |
| November 23, 2009 | 61 | CASE MANAGEMENT PLAN: After consultation with counsel for the parties, the following Case Management Plan is adopted. This plan is also a scheduling order pursuant to Rules 16 and 26(f) of the Federal Rules of Civil Procedure: Amended Pleadings due by 1/22/2010. Joinder of Parties due by 1/22/2010. Motions due by 3/2/2010. Discovery due by 4/30/2010. Status Conference set for 3/5/2010 at 10:00 AM before Judge Alvin K. Hellerstein. All fact discovery to be completed by January 30, 2010. Disclosure of expert witnesses and exchange of expert reports by February 26, 2010; except disclosure of Mannie Garcia's expert witnesses and the exchange of those export reports by March 5, 2010. Motions for summary judgment in connection with the copyright ownership issue filed on or before March 2, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Oppositions are filed. Disclosure of rebuttal experts and exchange of rebuttal expert reports by April 2, 2010. Expert discovery (including depositions) to be completed by April 30, 2010. Remaining motions for summary judgment filed on or before MaY 27, 2010. Opposition papers shall be due 30 days after the Motions are filed and Reply papers shall be due 15 days after the Opposition, are filed. In addition. plaintiffs and counterclaim defendants Shepard Fairey, Obey Giant Art, Inc., Obey Giant LLC, and Studio Number One. Inc. are directed to preserve all materials, including all electronic materials, bearing on the spoliation and fabrication issues. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/23/2009) (jmi) |
| November 30, 2009 | 62 | NOTICE OF APPEARANCE by Theresa Marie Trzaskoma on behalf of One 3 Two, Inc. (Trzaskoma, Theresa) |
| November 30, 2009 | 63 | NOTICE OF APPEARANCE by Charles Anthony Michael on behalf of One 3 Two, Inc. (Michael, Charles) |
| December 3, 2009 | 64 | ANSWER to Counterclaim. Document filed by Mannie Garcia.(Carpinello, George) |
| December 3, 2009 | 65 | NOTICE OF APPEARANCE by Chris J. Lopata on behalf of Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc. (Lopata, Chris) |
| December 3, 2009 | 66 | AMENDED ANSWER to 1 Complaint., CROSSCLAIM against The Associated Press., COUNTERCLAIM against Shepard Fairey. Document filed by Mannie Garcia. (Carpinello, George) |
| December 1, 2009 | 67 | MOTION for Robyn C. Crowther to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe) |
| December 1, 2009 | 68 | MOTION for Laurie C. Martindale to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe) (mbe). |
| December 1, 2009 | 69 | MOTION for Jeanne A. Fugate to Appear Pro Hac Vice. Document filed by One 3 Two, Inc..(mbe) |
| December 4, 2009 | 70 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by One 3 Two, Inc..(Trzaskoma, Theresa) |
| December 4, 2009 | 71 | ANSWER to Counterclaim. Document filed by One 3 Two, Inc..(Trzaskoma, Theresa) |
| December 4, 2009 | 72 | ENDORSED LETTER addressed to Judge Alvin K. Hellerstein from Chris J. Lopata dated 12/3/09 re: counsel for plaintiffs write to request a short extension of time to December 14, 2009 to permit plaintiffs and counterclaim defendants to respond to the Associated Press's First Amended Counterclaim. ENDORSEMENT: So Ordered. (Signed by Judge Alvin K. Hellerstein on 12/4/09) (pl) |
| December 8, 2009 | 74 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Jeanne A. Fugate is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo) |
| December 8, 2009 | 75 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Laurie C. Martindale is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo) |
| December 8, 2009 | 76 | ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION: It is hereby ordered that Robyn C. Crowther is admitted pro hac vice in this action. (Signed by Judge Alvin K. Hellerstein on 12/8/2009) (jpo) |
| December 10, 2009 | 78 | NOTICE OF APPEARANCE by Robyn Carrico Crowther on behalf of One 3 Two, Inc. (Crowther, Robyn) |
| December 10, 2009 | 79 | NOTICE OF APPEARANCE by Jeanne Adele Fugate on behalf of One 3 Two, Inc. (Fugate, Jeanne) |
| December 10, 2009 | 80 | NOTICE OF APPEARANCE by Laurie Catherine Martindale on behalf of One 3 Two, Inc. (Martindale, Laurie) |
| December 14, 2009 | 81 | ANSWER to Counterclaim. Document filed by Shepard Fairey, Obey Giant Art, Inc, Obey Giant LLC, Studio Number One, Inc..(Lopata, Chris) |
