West Publishing Corporation v. Vogelgesang et al

Plaintiff:West Publishing Corporation
Defendant:David Vogelgesang and Price Point Consulting, LLC
 
Case Number:1:2008cv01148
Filed:May 7, 2008
 
Court:Ohio Northern District Court
Office:Other Statutory Actions Office [ Court Info ]
County:Cuyahoga
Presiding Judge:Judge James S. Gwin
 
Nature of Suit:Other Statutes - Other Statutory Actions
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:18:1030 Computer Fraud and Abuse Act
Amount Demanded:$100,000,000.00
Date Filed # Docket Text
May 7, 2008 1 Complaint with jury demand against David Vogelgesang, Price Point Consulting, LLC. Filing fee $ 350, receipt number 06470000000003005558, filed by West Publishing Corporation. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibits A through H) (Fitzsimmons, Matthew) (Entered: May 7, 2008)
May 7, 2008 2 FILING ERROR. Affidavit/Declaration not attached. Attorney to refile. Motion for attorney Peter A. Steinmeyer to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003005743, filed by Plaintiff West Publishing Corporation. (Fitzsimmons, Matthew) Modified on 5/12/2008 (S,HR). (Entered: May 7, 2008)
May 7, 2008 3 FILING ERROR. Affidavit/Declaration not attached. Attorney to refile. Motion for attorney Corey M. Perman to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003005758, filed by Plaintiff West Publishing Corporation. (Fitzsimmons, Matthew) Modified on 5/12/2008 (S,HR). (Entered: May 7, 2008)
May 7, 2008 4 FILING ERROR. Affidavit/Declaration not attached. Attorney to refile. Motion for attorney Jason A. Schmidt to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003005765, filed by Plaintiff West Publishing Corporation. (Fitzsimmons, Matthew) Modified on 5/12/2008 (S,HR). (Entered: May 7, 2008)
May 8, 2008 Judge James S. Gwin assigned to case. (G,CA) (Entered: May 8, 2008)
May 8, 2008 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Perelman. (G,CA) (Entered: May 8, 2008)
May 8, 2008 5 Summons and Magistrate Consent Form issued to counsel for service upon David Vogelgesang and Price Point Consulting, LLC. (Attachments: # 1 Magistrate Consent Form) (G,CA) (Entered: May 8, 2008)
May 8, 2008 Notice by Clerk that West Publishing Corporation failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (G,Co) (Entered: May 8, 2008)
May 9, 2008 6 Motion for preliminary injunction and Temporary Restraining Order and for Leave to Take Expedited Discovery filed by Plaintiff West Publishing Corporation. (Fitzsimmons, Matthew) (Entered: May 9, 2008)
May 9, 2008 7 Memorandum In Support of 6 Motion for preliminary injunction and Temporary Restraining Order and for Leave to Take Expedited Discovery filed by West Publishing Corporation. (Attachments: # 1 Exhibits 1 through 9)(Fitzsimmons, Matthew) (Entered: May 9, 2008)
May 9, 2008 8 Corporate Disclosure Statement by West Publishing Corporation filed by West Publishing Corporation. (Fitzsimmons, Matthew) (Entered: May 9, 2008)
May 12, 2008 9 Attorney Appearance by Todd M. Jackett filed by on behalf of David Vogelgesang, Price Point Consulting, LLC. (Jackett, Todd) (Entered: May 12, 2008)
May 12, 2008 10 Return of Service Executed upon David Vogelgesang by personal service on May 8, 2008 filed on behalf of West Publishing Corporation Related document(s) 1 . (Fitzsimmons, Matthew) (Entered: May 12, 2008)
May 12, 2008 11 Return of Service Executed upon Price Point Consulting, LLC by personal service on May 8, 2008 filed on behalf of West Publishing Corporation Related document(s) 1 . (Fitzsimmons, Matthew) (Entered: May 12, 2008)
May 12, 2008 12 Notice that plaintiff's motion for temporary restraining order will be heard on 5/14/08 at 10:15 a.m., Courtroom 18A (Cleveland) before Judge James S. Gwin. (Related Doc. 6 ) (M,G) (Entered: May 12, 2008)
May 12, 2008 13 Motion for attorney Peter A. Steinmeyer to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003005743, filed by Plaintiff West Publishing Corporation. (Attachments: # 1 Exhibit A)(Fitzsimmons, Matthew) (Entered: May 12, 2008)
May 12, 2008 14 Motion for attorney Corey Perman to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003005758, filed by Plaintiff West Publishing Corporation. (Attachments: # 1 Exhibit B)(Fitzsimmons, Matthew) (Entered: May 12, 2008)
May 12, 2008 15 Motion for attorney Jason A. Schmidt to Appear Pro Hac Vice. Filing fee $ 100, receipt number 06470000000003005765, filed by Plaintiff West Publishing Corporation. (Attachments: # 1 Exhibit C)(Fitzsimmons, Matthew) (Entered: May 12, 2008)
May 13, 2008 16 Marginal Entry Order signed by Judge James S. Gwin on 5/13/08 granting the motions for admission pro hac vice of Attorneys Peter A. Steinmeyer, Corey M. Perman and Jason A. Schmidt on behalf of plaintiff. (Related Docs. 13 , 14 , 15 ) (M,G) (Entered: May 13, 2008)
May 14, 2008 17 Minutes of hearing on motion for temporary restraining order before Judge James S. Gwin on 5/14/08. (Related Doc. 6 ) (Court Reporter: C. Lee) (M,G) (Entered: May 14, 2008)
May 14, 2008 18 Order signed by Judge James S. Gwin on 5/14/08 as to plaintiff's motion for temporary restraining order. Proposed entry to be prepared, objections noted, plaintiff granted access to defendants' computer and responses to interrogatories and document requests to be provided as set forth in this entry. Preliminary injunction hearing set for 6/11/08 at 8:30 a.m., Courtroom 18A (Cleveland). (Related Doc. 6 ) (M,G) Modified text on 5/14/2008 (M,G). (Entered: May 14, 2008)
May 14, 2008 19 Proposed Order for Temporary Restraining Order filed by West Publishing Corporation. Related document(s) 18 , 6 . (Fitzsimmons, Matthew) (Entered: May 14, 2008)
May 15, 2008 20 Emergency Motion to Compel Production of All Computer Equipment in the Possession, Custody, or Control of Defendants filed by Plaintiff West Publishing Corporation. (Fitzsimmons, Matthew) (Entered: May 15, 2008)
May 16, 2008 21 Notice of Filing Surety Bond in the amount of $40,000 filed by West Publishing Corporation. (Fitzsimmons, Matthew) Modified text on 5/21/2008 (S,HR). (Entered: May 16, 2008)
May 16, 2008 22 Opposition to 20 Emergency Motion to Compel Production of All Computer Equipment in the Possession, Custody, or Control of Defendants filed by David Vogelgesang, Price Point Consulting, LLC. (Attachments: # 1 Exhibit A)(Jackett, Todd) (Entered: May 16, 2008)
May 19, 2008 23 Marginal Entry Order signed by Judge James S. Gwin on 5/19/08 denying as moot plaintiff's motion to compel and denying the request for fees. (Related Doc. 20 ) (M,G) (Entered: May 19, 2008)
May 20, 2008 24 Motion to withdraw as attorney filed by David Vogelgesang, Price Point Consulting, LLC. (Jackett, Todd) (Entered: May 20, 2008)
May 20, 2008 25 Temporary Restraining Order entered by Judge James S. Gwin on 5/20/08. (Related Doc. 19 ) (M,G) (Entered: May 20, 2008)
May 22, 2008 26 Marginal Entry Order signed by Judge James S. Gwin on 5/22/08 denying without prejudice defense counsel's motion to withdraw as set forth in this marginal entry. (Related Doc. 24 ) (M,G) (Entered: May 22, 2008)
May 28, 2008 27 Motion for extension of time until June 27, 2008 to answer filed by David Vogelgesang, Price Point Consulting, LLC. (Jackett, Todd) (Entered: May 28, 2008)
May 28, 2008 28 Marginal Entry Order signed by Judge James S. Gwin on 5/28/08 granting defendants' motion for an extension of time until 6/27/08 to file answers to the complaint. There will be no further extensions. (Related Doc. 27 ) (M,G) (Entered: May 28, 2008)
May 29, 2008 29 Joint Motion to Reschedule Preliminary Injunction Hearing (with proposed Order) filed by all parties. (Steinmeyer, Peter) Modified text on 5/30/2008 (S,HR). (Entered: May 29, 2008)
May 30, 2008 30 Marginal Entry Order signed by Judge James S. Gwin on 05/30/08 granting 29 joint motion to reschedule hearing on motion for preliminary injunction. Hearing reset for 7/31/2008 at 08:30 a.m. in Courtroom 18A (Cleveland) before Judge James S. Gwin.(S,HR) (Entered: May 30, 2008)
May 30, 2008 31 Order signed by Judge James S. Gwin on 5/30/08 granting the parties' request for a continuance of the Temporary Restraining Order as set forth in this entry. (Related Docs. 29 , 30 ) (M,G) (Entered: May 30, 2008)
June 25, 2008 32 Joint Motion for Issuance of a Stipulated Order for Injunction filed by Plaintiff West Publishing Corporation, David Vogelgesang, Price Point Consulting, LLC. (Attachments: # 1 Exhibit A)(Steinmeyer, Peter) (Entered: June 25, 2008)
June 27, 2008 33 Second Motion for extension of time until July 28, 2008 to Answer to Plaintiff's Complaint filed by David Vogelgesang, Price Point Consulting, LLC. (Jackett, Todd) (Entered: 06/27/2008)
June 27, 2008 34 Order signed by Judge James S. Gwin on 6/27/08 approving the parties Stipulated Order for Injunction. (Related Doc. 32 ) (M,G) (Entered: June 27, 2008)
June 27, 2008 35 Marginal Entry Order signed by Judge James S. Gwin on 6/27/08 granting defendants' motion for an extension of time until 7/28/08 to file an answer to the complaint. (Related Doc. 33 ) (M,G) (Entered: June 27, 2008)
July 9, 2008 36 Proposed Order for Dismissal filed by West Publishing Corporation, David Vogelgesang, Price Point Consulting, LLC. (Steinmeyer, Peter) (Entered: July 9, 2008)
July 10, 2008 37 Stipulated dismissal approved by Judge James S. Gwin on 7/10/08. (Related Doc. 36 ) (M,G) (Entered: July 10, 2008)
Docket Report Last Checked: July 28, 2008 14:59:33 PDT
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Plaintiff: West Publishing Corporation
Represented By: Matthew T. Fitzsimmons
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Defendant: David Vogelgesang
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Defendant: Price Point Consulting, LLC
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