WARREN PUBLISHING COMPANY et al v. J. DAVID SPURLOCK D/B/A VANGUARD PRODUCTIONS, INC.

Use of monster images on magazine covers in book are Fair Use. See http://ipspotlight.com/2009/08/07/reproductions-of-famous-monsters-art-work-ruled-fair-use-when-used-in-biography-of-artist/
Plaintiffs:WARREN PUBLISHING COMPANY and JAMES WARREN
Defendants:J. DAVID SPURLOCK
 
Case Number:2:2008cv03399
Filed:July 21, 2008
 
Court:Pennsylvania Eastern District Court
Office:Copyright Office [ Court Info ]
County:Montgomery
Presiding Judge:HONORABLE MICHAEL M. BAYLSON
 
Nature of Suit:Intellectual Property - Copyrights
Cause:Federal Question
Jurisdiction:Federal Question
Jury Demanded By:17:501 Copyright Infringement
Date Filed # Docket Text
July 21, 2008 1  COMPLAINT against VANGUARD PRODUCTIONS, INC. ( Filing fee $ 350 receipt number 950107.), filed by WARREN PUBLISHING COMPANY, JAMES WARREN. (Attachments: # 1 Civil Cover Sheet, # 2 Case Management Track, # 3 Designation Form)(cw, ) (Entered: July 21, 2008)
July 21, 2008   Summons Issued as to VANGUARD PRODUCTIONS, INC.. One Given To: Counsel on 7/21/08 (cw, ) . (Entered: July 21, 2008)
July 21, 2008 2  Copy of Form to Register of Copyrights. (cw, ) (Entered: July 21, 2008)
July 21, 2008 3  Disclosure Statement Form pursuant to FRCP 7.1 by WARREN PUBLISHING COMPANY, JAMES WARREN.(cw, ) (Entered: July 21, 2008)
August 4, 2008 4  AFFIDAVIT of Service by Verne Langdon re: served Summons and Complaint upon J. David Spurlock by personal service on 07/24/2008 (GUERRIERO, SALVATORE) (Entered: August 4, 2008)
August 6, 2008 5  DEMAND for Trial by Jury by WARREN PUBLISHING COMPANY, JAMES WARREN. (GUERRIERO, SALVATORE) (Entered: August 6, 2008)
August 18, 2008 6  NOTICE of Appearance by M. KELLY TILLERY on behalf of VANGUARD PRODUCTIONS, INC. with CERTIFICATE OF SERVICE.(ah) (Entered: August 19, 2008)
August 18, 2008 7  NOTICE of Appearance by CHRISTOPHER D. OLSZYK, JR on behalf of VANGUARD PRODUCTIONS, INC. with CERTIFICATE OF SERVICE.(ah) (Entered: August 19, 2008)
August 20, 2008 8  NOTICE by WARREN PUBLISHING COMPANY, JAMES WARREN Stipulation to Amend Caption and Identification of Defendant (FILED IN ERROR BY ATTORNEY; FORWARDED TO CLERK/JUDGE FOR APPROVAL)(GUERRIERO, SALVATORE) Modified on 8/21/2008 (le, ). (Entered: August 20, 2008)
August 21, 2008 9  NOTICE of Appearance by MANNY D. POKOTILOW on behalf of WARREN PUBLISHING COMPANY, JAMES WARREN with Certificate of Service(POKOTILOW, MANNY) (Entered: August 21, 2008)
August 21, 2008 10  STIPULATION AND ORDER THAT DEFENDANT, J. DAVID SPURLOCK D/B/A VANGUARD PRODUCTIONS MAY ANSWER TO PLAINTIFFS' COMPLAINT BY 9/22/08. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/21/08. 8/22/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(ah) (Entered: August 22, 2008)
August 21, 2008 11  STIPULATION AND ORDER THAT THE CAPTION OF THIS CASE IS AMENDED BY CORRECTING THE NAME OF THE DEFENDANT, TO WIT, VANGUARD PRODUCTIONS, INC., TO READ "J. DAVID SPURLOCK D/B/A VANGUARD PRODUCTIONS" WHEREVER THE SAME APPEARS THROUGHOUT THE RECORD. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/21/08. 8/22/08 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(ah) (Entered: 08/22/2008)
August 22, 2008 12  Disclosure Statement Form pursuant to FRCP 7.1 by J. DAVID SPURLOCK.(ah) (Entered: August 22, 2008)
September 19, 2008 13  ORDER THAT WRITTEN DISCOVERY REQUESTS SHALL BE SERVED BY 10/03/08. A FURTHER RULE 16 CONFERENCE IS SET FOR 10/20/2008 AT 4:00 PM IN COURTROOM 3-A BEFORE HONORABLE MICHAEL M. BAYLSON. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 9/19/08. 9/19/08 ENTERED AND COPIES E-MAILED.(ah) (Entered: September 19, 2008)
September 22, 2008 14  ANSWER to 1 Complaint together with Affirmative Defenses of Defendant J. David Spurlock d/b/a Vanguard Productions by J. DAVID SPURLOCK, Certificate of Service. (OLSZYK, CHRISTOPHER) Modified on 9/25/2008 (nd). (Entered: September 22, 2008)
October 21, 2008 15  NOTICE of Hearing: TELEPHONE CONFERENCE RE: STATUS AND TO DISCUSS SCHEDULING A SETTLEMENT CONFERENCE IS SET FOR 10/29/2008 09:15 AM BEFORE MAGISTRATE JUDGE DAVID R. STRAWBRIDGE. COUNSEL FOR PLAINTIFF IS DIRECTED TO INITIATE THE CALL.(lds, ) (Entered: October 21, 2008)
October 22, 2008 16  SCHEDULING ORDER: DISCOVERY DUE BY 12/20/2008. MOTIONS DUE BY 3/15/2009. PLAINTIFF PRETRIAL MEMO DUE BY 3/22/2009. DEFENDANT PRETRIAL MEMO DUE BY 3/29/2009. TRIAL POOL SET FOR 5/1/2009, ETC. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 10/21/08. 10/22/08 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(lisad, ) (Entered: October 22, 2008)
October 24, 2008 17  Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Pretrial Telephone Conference held on 9/18/08 (lisad, ) (Entered: October 24, 2008)
October 31, 2008 18  Minute Entry for proceedings held before MAGISTRATE JUDGE DAVID R. STRAWBRIDGE: Telephone Conference held on 10/29/08. (ah) (Entered: November 3, 2008)
November 20, 2008 19  PROTECTIVE ORDER SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 11/19/08. 11/21/08 ENTERED AND COPIES E-MAILED.(ah) (Entered: November 21, 2008)
November 21, 2008 20  Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Hearing held on 10/20/08. (ah) (Entered: November 21, 2008)
December 11, 2008 21  MOTION for Extension of Time to Complete Discovery /Motion to Extend Scheduling Order Of October 22, 2008 filed by J. DAVID SPURLOCK.Memorandum in Support and Certificate Of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(TILLERY, M.) (Entered: 12/11/2008)
December 15, 2008 22  RESPONSE in Opposition re 21 MOTION for Extension of Time to Complete Discovery /Motion to Extend Scheduling Order Of October 22, 2008 filed by WARREN PUBLISHING COMPANY, JAMES WARREN. (Attachments: # 1 Exhibit Exhibits 1-10)(GUERRIERO, SALVATORE) (Entered: December 15, 2008)
December 17, 2008 23  ORDER THAT THE DISCOVERY DEADLINE IS EXTENDED TO 2/22/09. THE DEADLINE FOR DISPOSITIVE MOTIONS IS 3/15/09 AND A TRIAL POOL SHALL BE SET FOR 5/01/09. PLAINTIFFS' PRETRIAL MEMO IS DUE BY 5/22/09 AND DEFENDANT'S PRETRIAL MEMO IS DUE BY 5/29/09. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/17/08. 12/18/08 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah) (Entered: 12/18/2008)
December 19, 2008 24  AMENDED ORDER THAT PLAINTIFFS SHOULD FILE A SECOND AMENDED COMPLAINT BY STIPULATION OR FILE A MOTION FOR LEAVE TO AMEND BY 1/05/09. DISCOVERY SHALL BE COMPLETED BY 2/22/2009. THE DEADLINE FOR DISPOSITIVE MOTIONS IS 3/15/2009. PLAINTIFFS' PRETRIAL MEMO IS DUE BY 4/22/2009 AND DEFENDANT'S PRETRIAL MEMO IS DUE BY 4/29/2009. DATE FOR TRIAL OR ENTRY INTO TRIAL POOL IS SET FOR 5/1/2009. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/18/08. 12/19/08 ENTERED AND COPIES E-MAILED.(ah) (Entered: December 19, 2008)
December 29, 2008 25  Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Telephone Conference held on 12/17/08 regarding Defendant's Motion for Extension. (ah) (Entered: December 29, 2008)
January 5, 2009 26  NOTICE by WARREN PUBLISHING COMPANY, JAMES WARREN Stipulation Regarding Filing of Amended Complaint (Attachments: # 1 Exhibit Amended Complaint)(GUERRIERO, SALVATORE) (Entered: January 5, 2009)
January 14, 2009 27  SCHEDULING ORDER THAT THE DISCOVERY IS SET FOR 3/24/2009 AND DISPOSITIVE MOTIONS SHALL BE FILED BY 4/14/2009. PLAINTIFFS' PRETRIAL MEMO IS DUE BY 5/22/2009 AND DEFENDANT'S PRETRIAL MEMO IS DUE BY 5/29/2009. THE DATE FOR TRIAL OR ENTRY INTO TRIAL POOL IS SET FOR 6/1/2009. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/14/09. 1/14/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah) (Entered: January 14, 2009)
January 14, 2009 28  STIPULATION AND ORDER THAT PLAINTIFFS MAY FILE THEIR AMENDED COMPLAINT. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/14/09. 1/15/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah) (Entered: January 15, 2009)
January 14, 2009 29  AMENDED COMPLAINT against J. DAVID SPURLOCK, filed by WARREN PUBLISHING COMPANY, JAMES WARREN.(ah) (Entered: January 15, 2009)
January 20, 2009 30  MOTION to Compel Answers to Interrogatories filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum of Law, # 2 Exhibits 1-2 to Memorandum, # 3 Text of Proposed Order)(GUERRIERO, SALVATORE) (Entered: January 20, 2009)
January 22, 2009 31  RESPONSE to Motion re 30 MOTION to Compel Answers to Interrogatories filed by J. DAVID SPURLOCK. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(TILLERY, M.) (Entered: January 22, 2009)
January 26, 2009 32  ORDER THAT PLAINTIFF'S MOTION TO COMPEL ANSWERS TO INTERROGATORIES WILL BE GRANTED IN PART AND DENIED IN PART. DEFENDANT SHALL PROVIDE THE GROSS REVENUE FIGURES NO LATER THAN 4:00 PM ON 1/26/09. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 1/13/09. 1/26/09 ENTERED AND COPIES E-MAILED.(ah) (Entered: January 26, 2009)
January 29, 2009 33  ANSWER to 29 Amended Complaint by J. DAVID SPURLOCK with Affirmative Defenses, Certificate of Service. (TILLERY, M.) Modified on 1/30/2009 (nd, ). (Entered: January 29, 2009)
January 30, 2009 34  Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Telephone Conference held on 1/23/2009 (ap, ) (Entered: January 30, 2009)
February 9, 2009 35  MOTION to Take Deposition from J. David Spurlock Motion for Leave to Conduct Second Deposition of Defendant and Motion to Compel Documents filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Memorandum Certificate of Service. (Attachments: # 1 Memorandum of Law (Filed Under Seal), # 2 Text of Proposed Order)(GUERRIERO, SALVATORE) (Entered: February 9, 2009)
February 9, 2009 36  MOTION to Compel Insurance Agreement filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Certfificate of Service. (Attachments: # 1 Text of Proposed Order)(GUERRIERO, SALVATORE) (Entered: February 9, 2009)
February 9, 2009 37  MOTION to Compel Third Party Documents in Possession of Defendant filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GUERRIERO, SALVATORE) (Entered: February 9, 2009)
February 9, 2009 38  Memorandum of Law in Support of Plaintiffs' Motion for Leave to Conduct Second Deposition of Defendant and Motion to Compel Documents filed by WARREN PUBLISHING COMPANY, JAMES WARREN. (FILED UNDER SEAL) (ah) (Entered: February 10, 2009)
February 11, 2009 39  Withdrawal of Motion to Compel Production of Third Party Documents filed by WARREN PUBLISHING COMPANY, Certificate of Service. (GUERRIERO, SALVATORE) Modified on 2/12/2009 (nd). (Entered: February 11, 2009)
February 12, 2009 40  NOTICE by WARREN PUBLISHING COMPANY, JAMES WARREN re 36 MOTION to Compel Insurance Agreement Notice of Withdrawal of Motion to Compel Insurance Agreement (GUERRIERO, SALVATORE) (Entered: February 12, 2009)
February 13, 2009 41  Response OF DEFENDANT J. DAVID SPURLOCK D/B/A VANGUARD PRODUCTIONS TO PLAINTIFF'S WARREN PUBLISHING COMPANY AND JAMES WARREN'S MOTION FOR LEAVE TO CONDUCT SECOND DEPOSITION OF DEFENDANT AND MOTION TO COMPEL DOCUMENTS by J. DAVID SPURLOCK, Certificate of Service. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (TILLERY, M.) Modified on 2/18/2009 (nd, ). (Entered: February 13, 2009)
February 17, 2009 42  NOTICE of Hearing: ORAL ARGUMENT REGARDING PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT SECOND DEPOSITION AND TO COMPEL DOCUMENTS SET FOR 2/25/2009 10:00 AM IN COURTROOM 3A BEFORE HONORABLE MICHAEL M. BAYLSON.(ltm, ) (Entered: February 17, 2009)
February 26, 2009 43  Audio File Morning Session, regarding Oral Argument held on 2/25/09, before HONORABLE MICHAEL M. BAYLSON (fwh, ) (Entered: February 26, 2009)
February 27, 2009 44  ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO CONDUCT SECOND DEPOSITION OF DEFENDANT J. DAVID SPURLOCK AND MOTION TO COMPEL DOCUMENTS IS GRANTED IN PART AND DENIED IN PART AS OUTLINED HEREIN. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 2/27/09.3/03/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah) (Entered: March 3, 2009)
March 3, 2009 45  Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Oral Argument on Plaintiff's Motion to Compel and for Leave to Conduct 2nd Deposition of Defendant J. David Spurlock held on 2/25/09. Courtroom Reporter/ESR: Milahn Hull. (ah) (Entered: March 4, 2009)
March 23, 2009 46  NOTICE by WARREN PUBLISHING COMPANY, JAMES WARREN Stipulation and Proposed Order to Modify Scheduling Order (Attachments: # 1 Text of Proposed Order Stip and Proposed Order to Modify Schedule)(PANZER, DOUGLAS) (Entered: 03/23/2009)
March 24, 2009 47  STIPULATION AND ORDER THAT THE DEADLINE FOR DISPOSITIVE MOTIONS IS 5/14/2009. PLAINTIFFS' PRETRIAL MEMO IS DUE BY 6/21/2009 AND DEFENDANT'S PRETRIAL MEMO IS DUE BY 6/28/2009. THIS CASE WILL BE LISTED IN THE COURT'S TRIAL POOL ON 7/1/2009. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 3/24/09. 3/25/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah) (Entered: 03/25/2009)
May 12, 2009 48  MOTION to Preclude Plaintiffs' use and/or reliance upon the Expert Report and Testimony of Plaintiffs' "Rebuttal" Expert Witness - Denis Kitchen. filed by VANGUARD PRODUCTIONS, INC., J. DAVID SPURLOCK.Memorandum, Certificate of Service. (Attachments: # 1 Exhibit A thru D)(TILLERY, M.) (Entered: May 12, 2009)
May 14, 2009 49  MOTION for Partial Summary Judgment and for Sanctions filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Memorandum, Declaration, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Statement of Undisputed Facts, # 9 Text of Proposed Order)(GUERRIERO, SALVATORE) (Entered: May 14, 2009)
May 14, 2009 50  MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Memorandum, Certificate of Service. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Text of Proposed Order)(PANZER, DOUGLAS) (Entered: 05/14/2009)
May 14, 2009 51  MOTION FOR SUMMARY JUDGMENT FILED BY J. DAVID SPURLOCK. MEMORANDUM, STATEMENT OF UNDISPUTED FACTS, CERTIFICATE OF SERVICE, & EXHIBITS. (FILED UNDER SEAL).(ah) (Entered: May 15, 2009)
May 26, 2009 52  MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment, 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude Plaintiffs' use and/or reliance upon the Expert Report and Testimony of Plaintiffs' "Rebuttal" Expert Witness - Denis Kitchen., 49 MOTION for Partial Summary Judgment and for Sanctions Motion to Extend Briefing Schedule filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GUERRIERO, SALVATORE) (Entered: May 26, 2009)
May 27, 2009 53  RESPONSE in Opposition re 52 MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment, 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude filed by J. DAVID SPURLOCK. (TILLERY, M.) (Entered: May 27, 2009)
May 27, 2009 54  REPLY to Response to Motion re 52 MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment, 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude filed by WARREN PUBLISHING COMPANY, JAMES WARREN. (GUERRIERO, SALVATORE) (Entered: May 27, 2009)
May 28, 2009 55  RESPONSE to Motion re 52 MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Summary Judgment, 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin, 48 MOTION to Preclude filed by J. DAVID SPURLOCK. (TILLERY, M.) (Entered: May 28, 2009)
June 2, 2009 56  RESPONSE in Opposition re 48 MOTION to Preclude Plaintiffs' use and/or reliance upon the Expert Report and Testimony of Plaintiffs' "Rebuttal" Expert Witness - Denis Kitchen. Plaintiffs' Response in Opposition to Defendant's Motion to Preclude Plaintiffs' Use and/or Reliance Upon the Expert Report and Testimony of Plaintiffs' Rebuttal Expert Witness - Denis Kitchen filed by WARREN PUBLISHING COMPANY, JAMES WARREN. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(PANZER, DOUGLAS) (Entered: June 2, 2009)
June 4, 2009 57  ORDER THAT PLAINTIFF'S MOTION TO EXTEND BRIEFING SCHEDULE IS GRANTED. OPPOSITION TO PRESENTLY PENDING MOTIONS (DOC. NO. 48, 49, 50 AND 51), ARE DUE BY 7/11/09 AND ANY REPLY BRIEFS ARE DUE BY 7/22/09. ORAL ARGUMENT ON ALL OUTSTANDING MOTIONS WILL BE HELD ON 6/25/09 AT 11:00 AM IN COURTROOM 3A. PLAINTIFFS' PRETRIAL MEMO IS DUE BY 7/20/09 AND DEFENDANT'S PRETRIAL MEMO IS DUE BY 7/27/09. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/4/09. 6/4/09 ENTERED AND COPIES E-MAILED AND FAXED BY CHAMBERS.(ah) (Entered: June 4, 2009)
June 11, 2009 58  RESPONSE in Opposition re 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin with Certificate of Service. filed by J. DAVID SPURLOCK. (Attachments: # 1 Exhibits A thru F)(TILLERY, M.) (Entered: 06/11/2009)
June 11, 2009 59  RESPONSE in Opposition re 49 MOTION for Partial Summary Judgment and for Sanctions filed by J. DAVID SPURLOCK, VANGUARD PRODUCTIONS, INC.. (TILLERY, M.) (Entered: June 11, 2009)
June 11, 2009 60  Response re 49 MOTION for Partial Summary Judgment and for Sanctions Response to "Plaintiffs Warren Publishing Company and James Warren's Statement of Undisputed Facts" by VANGUARD PRODUCTIONS, INC., J. DAVID SPURLOCK. (TILLERY, M.) (Entered: June 11, 2009)
June 11, 2009 61  RESPONSE in Opposition to Plaintiffs' WARREN PUBLISHING COMPANY and JAMES WARREN'S Motion for Partial Summary Judgment filed by J. DAVID SPURLOCK. Certificate of Service and Exhibits. (FILED UNDER SEAL).(ah) (Entered: June 12, 2009)
June 11, 2009 62  Memorandum of Law in Opposition to Defendants' J. DAVID SPURLOCK D/B/A VANGUARD PRODUCTIONS' Motion for Summary Judgment filed by WARREN PUBLISHING COMPANY, JAMES WARREN. Statement of Disputed Facts, Certificate of Serivce & Exhibits. (FILED UNDER SEAL). (ah) (Entered: June 12, 2009)
June 22, 2009 63  MOTION for Leave to File Excess Pages (Motion for Leave to Exceed 15 page limitation for Reply Brief) filed by WARREN PUBLISHING COMPANY, JAMES WARREN.Certificate of Service. (Attachments: # 1 Text of Proposed Order)(GUERRIERO, SALVATORE) (Entered: June 22, 2009)
June 22, 2009 64  REPLY to Response to Motion re 49 MOTION for Partial Summary Judgment and for Sanctions filed by WARREN PUBLISHING COMPANY, JAMES WARREN. (Attachments: # 1 Exhibit Exhibits 1-4)(GUERRIERO, SALVATORE) (Entered: June 22, 2009)
June 22, 2009 65  REPLY to Response to Motion re 48 MOTION to Preclude Plaintiffs' use and/or reliance upon the Expert Report and Testimony of Plaintiffs' "Rebuttal" Expert Witness - Denis Kitchen. filed by J. DAVID SPURLOCK. (OLSZYK, CHRISTOPHER) (Entered: June 22, 2009)
June 22, 2009 66  REPLY to Response to Motion re 50 MOTION in Limine To Preclude Defendant's Use and/or Reliance Upon The Expert Report and Testimony of Jeffrey Rovin Reply Memorandum of Law in Support of Plaintiffs' Motion to Preclude Defendant's Use and/or Reliance Upon the Expert Report and Testimony of Jeffrey Rovin filed by WARREN PUBLISHING COMPANY, JAMES WARREN. (PANZER, DOUGLAS) (Entered: June 22, 2009)
June 22, 2009 67  REPLY to Response to Motion re 51 MOTION for Summary Judgment filed by J. DAVID SPURLOCK. (Attachments: # 1 Exhibit Exhibits 75-77)(OLSZYK, CHRISTOPHER) (Entered: June 22, 2009)
June 22, 2009 68  EXHIBIT B to Plaintiffs' Reply Memorandum in Support of Their Motion to Preclude the Use and/or Reliance Upon the Expert Report and Testimony of Jeffrey Rovin by WARREN PUBLISHING COMPANY, JAMES WARREN. (FILED UNDER SEAL).(ah) (Entered: June 23, 2009)
June 23, 2009 69  ORDER THAT PLAINTIFFS' MOTION FOR LEAVE TO EXCEED PAGE LIMIT IS GRANTED. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 6/23/09.6/23/09 ENTERED AND COPIES E-MAILED.(ah) (Entered: June 23, 2009)
June 23, 2009 70  SUPPLEMENTAL SUMMARY JUDGMENT EXHIBITS OF DEFENDANT J. DAVID SPURLOCK D/B/A VANGUARD PRODUCTIONS by J. DAVID SPURLOCK. (Attachments: # 1 Exhibit A1, # 2 Exhibit A2, # 3 Exhibit A3)(TILLERY, M.) (Entered: June 23, 2009)
June 25, 2009 71  Exhibit List Second Supplemental Summary Judgment Exhibits by J. DAVID SPURLOCK.. Certificate of Service (Attachments: # 1 Part 2)(TILLERY, M.) (Entered: June 25, 2009)
June 26, 2009 72  Audio File JUNE 25, 2009, 11:00 AM, regarding ORAL ARGUMENT held on JUNE 25, 2009, before HONORABLE MICHAEL M. BAYLSON (mvh, ) (Entered: June 26, 2009)
June 26, 2009 73  Minute Entry for proceedings held before HONORABLE MICHAEL M. BAYLSON: Oral Argument: All Outstanding Motions held on 6/25/09. Court Reporter: Milahn Hull. (ah) (Entered: June 29, 2009)
July 2, 2009 74  TRANSCRIPT of Oral Argument held on 6/25/09, before Judge Michael M. Baylson. Court Reporter/Transcriber Milahn Hull. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Redaction Request due 7/23/2009. Redacted Transcript Deadline set for 8/3/2009. Release of Transcript Restriction set for 9/30/2009. (ah) (Entered: July 2, 2009)
July 2, 2009 75  Notice of Filing of Official Transcript with Certificate of Service re 74 Transcript - PDF, 7/2/09 Entered and Copies Emailed. (ah) (Entered: July 2, 2009)
July 10, 2009 76  Memorandum of Law re 51 MOTION for Summary Judgment, 49 MOTION for Partial Summary Judgment and for Sanctions filed by WARREN PUBLISHING COMPANY, JAMES WARREN with Certificate of Service. (GUERRIERO, SALVATORE) Modified on 7/13/2009 (le, ). (Entered: July 10, 2009)
July 10, 2009 77  Defendant's Post-Argument Supplemental Brief With Certificate of Service by J. DAVID SPURLOCK. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(TILLERY, M.) (Entered: July 10, 2009)
August 4, 2009 78  MEMORANDUM SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/4/09. 8/5/09 ENTERED AND COPIES E-MAILED.(ah) (Entered: August 5, 2009)
August 4, 2009 79  ORDER THAT PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AND FOR SANCTIONS IS DENIED. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT IS GRANTED. FINAL JUDGMENT IS ENTERED IN FAVOR OF DEFENDANT ON ALL OF PLAINTIFF'S COUNTS; DEFENDANT'S MOTIONS TO PRECLUDE DENIS KITCHEN AND JEFFREY ROVIN ARE DENIED AS MOOT. THE CLERK SHALL MARK THIS CASE AS CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 8/4/09. 8/5/09 ENTERED AND COPIES E-MAILED.(ah) (Entered: August 5, 2009)
August 19, 2009 80  MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION FOR ATTORNEYS' FEES PURSUANT TO 17 U.S.C. SECTION 505 AND ACCOMPANYING EXHIBITS. by J. DAVID SPURLOCK. (FILED UNDER SEAL) (tomg, ) (Entered: August 20, 2009)
August 20, 2009 81  BILL OF COSTS with Declaration of M. Kelly Tillery in Support, Exhibits A thru D and Certificate of Service. by J. DAVID SPURLOCK. (TILLERY, M.) (Entered: August 20, 2009)
September 2, 2009 82  NOTICE OF APPEAL by WARREN PUBLISHING COMPANY, JAMES WARREN. Copies to Judge, Clerk USCA, Appeals Clerk and MANNY D. POKOTILOW, Certificate of service. (POKOTILOW, MANNY) Modified on 9/3/2009 (nd). (Entered: September 2, 2009)
September 2, 2009 83  Clerk's Notice to USCA re 82 Notice of Appeal : (ah) (Entered: September 3, 2009)
September 2, 2009   Filing fee: $ 455.00, receipt number 8326. (ah) (Entered: September 3, 2009)
September 8, 2009 84  NOTICE by WARREN PUBLISHING COMPANY, JAMES WARREN re 80 Memorandum Response in Opposition to Defendant's Motion for Attorney's Fees (Attachments: # 1 Memorandum of Law - Part 2, # 2 Declaration of Manny Pokotilow, # 3 Declaration of Morton Altshuler, # 4 Declaration of Salvatore Guerriero)(GUERRIERO, SALVATORE) (Entered: September 8, 2009)
September 10, 2009 85  Copy of TPO Form re 82 Notice of Appeal : (ah) (Entered: September 11, 2009)
September 15, 2009   Record Complete for Purposes of Appeal re 82 Notice of Appeal. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (om, ) (Entered: September 15, 2009)
September 15, 2009   NOTICE of Docketing Record on Appeal from USCA re 82 Notice of Appeal filed by JAMES WARREN, WARREN PUBLISHING COMPANY. USCA Case Number 09-3591 (jl, ) (Entered: September 15, 2009)
September 18, 2009 86  NOTICE by J. DAVID SPURLOCK re 84 Notice (Other), Notice (Other) /Reply of Defendant J. David Spurlock in Support of Motion for Attorneys' Fees. (TILLERY, M.) (Entered: September 18, 2009)
September 18, 2009 87  Reply in Support of Motion for Attorneys' Fees Pursuant to 17 U.S.C. 505 by J. DAVID SPURLOCK. (FILED UNDER SEAL). (ah) (Entered: September 21, 2009)
Docket Report Last Checked: September 21, 2009 20:45:36 PDT
Search for this case: WARREN PUBLISHING COMPANY et al v. J. DAVID SPURLOCK D/B/A VANGUARD PRODUCTIONS, INC.
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Plaintiff: WARREN PUBLISHING COMPANY
Represented By: SALVATORE R. GUERRIERO, MANNY D. POKOTILOW
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Plaintiff: JAMES WARREN
Represented By: SALVATORE R. GUERRIERO, MANNY D. POKOTILOW
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Defendant: J. DAVID SPURLOCK
Represented By: CHRISTOPHER D. OLSZYK, JR., M. KELLY TILLERY
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