FPX, LLC v. Google, Inc. et al

Plaintiff:FPX, LLC
Defendant:Google, Inc., YouTube, LLC, AOL, LLC., Turner Broadcasting System, Inc., MySpace, Inc. and IAC/InterActiveCorp
 
Case Number:2:2009cv00142
Filed:May 11, 2009
 
Court:Texas Eastern District Court
Office:Marshall Office [ Court Info ]
County:Harrison
Presiding Judge:Judge T. John Ward
 
Nature of Suit:Intellectual Property - Trademark
Cause:15:1051 Trademark Infringement
Jurisdiction:Federal Question
Jury Demanded By:Plaintiff
Date Filed # Docket Text
May 11, 2009 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 05400000000001989741.), filed by FPX, LLC. (Attachments: # 1 Civil Cover Sheet)(Spangler, Andrew) (Entered: May 11, 2009)
May 12, 2009 2 E-GOV SEALED SUMMONS Issued as to AOL, LLC., (Attachments: # 1 Google, Inc., # 2 IAC/InterActive Corp, # 3 MySpace. Inc., # 4 Turner Broadcasting Systems Inc, # 5 YouTube, LLC)(ch, ) (Entered: 05/12/2009)
May 12, 2009 3 NOTICE of Attorney Appearance by David Michael Pridham on behalf of FPX, LLC (Pridham, David) (Entered: May 12, 2009)
May 12, 2009 4 NOTICE of Attorney Appearance by Harold Kip Glasscock, Jr on behalf of FPX, LLC (Glasscock, Harold) (Entered: May 12, 2009)
May 27, 2009 5 Summons Returned Unexecuted by CT Trust Co as to YouTube, LLC, MySpace, Inc. stating they are not the registered agent for these defendants. (ehs, ) (Entered: May 27, 2009)
May 27, 2009 6 E-GOV SEALED SUMMONS Issued as to MySpace, Inc.. (Attachments: # 1 YouTube, LLC)(ch, ) (Entered: May 27, 2009)
May 28, 2009 7 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re AOL, LLC..( Templin, Donald) (Entered: May 28, 2009)
May 28, 2009 8 Defendant's Unopposed First Application for Extension of Time to Answer Complaint re Turner Broadcasting System, Inc..( Templin, Donald) (Entered: May 28, 2009)
May 28, 2009 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for AOL, LLC. to 7/17/2009. 45 Days Granted for Deadline Extension.( sm, ) (Entered: May 28, 2009)
May 28, 2009 Defendant's Unopposed First Application for Extension of Time to Answer Complaint is GRANTED pursuant to Local Rule CV-12 for Turner Broadcasting System, Inc. to 7/23/2009. 45 Days Granted for Deadline Extension.( sm, ) (Entered: May 28, 2009)
June 12, 2009 9 E-GOV SEALED SUMMONS Returned Executed by FPX, LLC. Turner Broadcasting System, Inc. served on 5/18/2009. (ch, ) (Entered: June 15, 2009)
June 12, 2009 10 E-GOV SEALED SUMMONS Returned Executed by FPX, LLC. IAC/InterActiveCorp served on 5/15/2009, answer due 6/4/2009. (ch, ) (Entered: June 15, 2009)
June 12, 2009 11 E-GOV SEALED SUMMONS Returned Executed by FPX, LLC. Google, Inc. served on 5/20/2009, answer due 6/9/2009. (ch, ) (Entered: June 15, 2009)
June 12, 2009 12 E-GOV SEALED SUMMONS Returned Executed by FPX, LLC. AOL, LLC. served on 5/14/2009. (ch, ) (Entered: June 15, 2009)
June 12, 2009 13 E-GOV SEALED SUMMONS Returned Executed by FPX, LLC. MySpace, Inc. served on 6/1/2009, answer due 6/22/2009. (ch, ) (Entered: June 15, 2009)
June 12, 2009 14 E-GOV SEALED SUMMONS Returned Executed by FPX, LLC. YouTube, LLC served on 6/1/2009, answer due 6/22/2009. (ch, ) (Entered: June 15, 2009)
June 19, 2009 15 NOTICE of Attorney Appearance by Charles L Babcock on behalf of all defendants (Babcock, Charles) (Entered: June 19, 2009)
June 19, 2009 16 NOTICE of Attorney Appearance by David T Moran on behalf of all defendants (Moran, David) (Entered: June 19, 2009)
June 19, 2009 17 NOTICE of Attorney Appearance by Carl Christof Butzer on behalf of all defendants (Butzer, Carl) (Entered: June 19, 2009)
June 19, 2009 18 Unopposed MOTION for Extension of Time to File Answer Move or Otherwise Respond to Plaintiff's Complaint by Google, Inc., YouTube, LLC, AOL, LLC., Turner Broadcasting System, Inc., MySpace, Inc., IAC/InterActiveCorp. (Attachments: # 1 Text of Proposed Order)(Babcock, Charles) (Entered: June 19, 2009)
June 22, 2009 19 NOTICE of Attorney Appearance by Marc A Fenster on behalf of FPX, LLC (Fenster, Marc) (Entered: June 22, 2009)
June 23, 2009 20 ORDER granting 18 Motion for Extension of Time to Answer. Deadline extended for defts Google, Inc., YouTube, LLC, AOL, LLC, Turner Broadcasting System, Inc., MySpace, Inc. and IAC/InterActiveCorp shall have up to and including Monday, August 3, 2009 to answer,. Signed by Judge T. John Ward on 6/23/09. (ehs, ) (Entered: June 23, 2009)
June 23, 2009 Answer Due Deadline Updated for Google, Inc. to 8/3/2009; YouTube, LLC to 8/3/2009; AOL, LLC. to 8/3/2009; Turner Broadcasting System, Inc. to 8/3/2009; MySpace, Inc. to 8/3/2009; IAC/InterActiveCorp to 8/3/2009. (ehs, ) (Entered: June 23, 2009)
August 3, 2009 21 Defendant Google Inc.'s ANSWER to 1 Complaint and Affirmative Defenses by Google, Inc..(Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 22 CORPORATE DISCLOSURE STATEMENT filed by Google, Inc. (Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 23 Defendant YouTube, LLC's ANSWER to 1 Complaint and Affirmative Defenses by YouTube, LLC.(Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 24 CORPORATE DISCLOSURE STATEMENT filed by YouTube, LLC identifying Corporate Parent Google, Inc. for YouTube, LLC. (Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 25 Defendant IAC's ANSWER to 1 Complaint and Affirmative Defenses by IAC/InterActiveCorp.(Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 26 CORPORATE DISCLOSURE STATEMENT filed by IAC/InterActiveCorp identifying Other Affiliate IAC Search & Media, Inc., Other Affiliate Liberty Media Corp. for IAC/InterActiveCorp. (Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 27 Defendant AOL LLC's ANSWER to 1 Complaint and Affirmative Defenses by AOL, LLC..(Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 28 CORPORATE DISCLOSURE STATEMENT filed by AOL, LLC. identifying Corporate Parent AOL Holdings LLC, Other Affiliate TW AOL Holdings Inc., Other Affiliate Time Warner Inc. for AOL, LLC.. (Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 29 Defendant MySpace, Inc.'s ANSWER to 1 Complaint and Affirmative Defenses by MySpace, Inc..(Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 30 CORPORATE DISCLOSURE STATEMENT filed by MySpace, Inc. identifying Corporate Parent Fox Interactive Media, Inc., Other Affiliate News Corporation for MySpace, Inc.. (Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 31 Defendant Turner Broadcasting System, Inc.'s ANSWER to 1 Complaint and Affirmative Defenses by Turner Broadcasting System, Inc..(Babcock, Charles) (Entered: August 3, 2009)
August 3, 2009 32 CORPORATE DISCLOSURE STATEMENT filed by Turner Broadcasting System, Inc. identifying Corporate Parent Historic TW Inc., Corporate Parent Warner Communications, Inc. for Turner Broadcasting System, Inc.. (Babcock, Charles) (Entered: August 3, 2009)
August 6, 2009 33 NOTICE of Attorney Appearance by Scott Marshall Kline on behalf of FPX, LLC (Kline, Scott) (Entered: August 6, 2009)
September 22, 2009 34 Scheduling Conference set for 10/13/2009 01:50 PM before Judge T. John Ward.. Signed by Judge T. John Ward on 9/22/09. (ch, ) (Entered: September 22, 2009)
September 28, 2009 35 ORDER REFERRING CASE for pretrial proceedings to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 9/28/09. (ehs, ) (Entered: September 28, 2009)
October 5, 2009 36 NOTICE of Hearing: Scheduling Conference RESET for 10/26/2009, 01:30 PM, in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham.(delat) (Entered: October 5, 2009)
October 22, 2009 37 Submission of Proposed Agreed Docket Control and Discovery Order by FPX, LLC. (Attachments: # 1 Text of Proposed Order re Docket Control and Discovery Order)(Fenster, Marc) (Additional attachment(s) added on 10/23/2009: # 2 Revised Order) (sm, ). (Entered: October 22, 2009)
October 26, 2009 38 Minute Entry for proceedings held before Magistrate Judge Charles Everingham: Scheduling Conference held on 10/26/2009, (Class Certification Hearing set for 10/26/2010 09:30 AM in Mag Ctrm (Marshall) before Magistrate Judge Charles Everingham.). (Jan Lockhart, ECRO.) (jml) (Entered: October 26, 2009)
October 28, 2009 39 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 10/26/09 Scheduling Conference before Judge Chad Everingham. Court Reporter/Transcriber: Susan Simmons, CSR,Telephone number: 903/935-3868. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) business days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov 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 11/18/2009. Redacted Transcript Deadline set for 11/30/2009. Release of Transcript Restriction set for 1/26/2010. (lss, ) (Entered: 10/28/2009)
October 29, 2009 40 APPLICATION to Appear Pro Hac Vice by Attorney Raquel Vallejo for FPX, LLC. (APPROVED FEE PAID) 2-1-4996(ch, ) (Entered: October 29, 2009)
October 30, 2009 41 NOTICE of Attorney Appearance by Raquel Vallejo on behalf of FPX, LLC (Vallejo, Raquel) (Entered: October 30, 2009)
November 5, 2009 42 ***FILED IN ERROR, PLEASE IGNORE.*** Submission of Docket Control Order by FPX, LLC. (Attachments: # 1 Text of Proposed Order Docket Control)(Vallejo, Raquel) Modified on 11/6/2009 (sm, ). (Entered: November 5, 2009)
November 6, 2009 ***FILED IN ERROR, WRONG EVENT USED. Document # 42, Submission of docket control order. PLEASE IGNORE.*** (sm, ) (Entered: November 6, 2009)
November 6, 2009 43 Submission of Docket Control Order by FPX, LLC. (Attachments: # 1 Text of Proposed Order Docket Control)(Vallejo, Raquel) (Entered: November 6, 2009)
November 6, 2009 44 DOCKET CONTROL ORDER - Hearing on Plaintiffs Motion for Class Certification 10/26/2010 @ 1:30 PM, before Magistrate Judge Charles Everingham. All other deadlines are set forth herein Signed by Magistrate Judge Charles Everingham on 11/6/09. (ch, ) (Entered: November 6, 2009)
Docket Report Last Checked: November 7, 2009 07:08:55 PST
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Plaintiff: FPX, LLC
Represented By: Andrew Wesley Spangler
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Defendant: Google, Inc.
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Defendant: YouTube, LLC
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Defendant: AOL, LLC.
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Defendant: Turner Broadcasting System, Inc.
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Defendant: MySpace, Inc.
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Defendant: IAC/InterActiveCorp
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