Plaintiff Susan Chang, as parent and next friend of Alison Chang, and Justin Wong alleged that Defendants Virgin Mobile USA, LLC and Virgin Mobile Pty Ltd. exploited the use of Alison Chang's image in an advertising campaign without authorization.
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Date Filed
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#
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Docket Text
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| October 19, 2007 |
1
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NOTICE OF REMOVAL from 134th Judicial District Court of Dallas County, Texas, case number DC-07-11386 filed by Virgin Mobile USA LLC. (Filing fee $ 350.00; receipt number
15930)(Attachments: # 1 # 2) (lmp) Modified on 10/19/2007
(lmp).***Access to this document has been restricted from PACER because the document contains information deemed "sensitive" under the court's privacy policy.*** (Entered: October 19, 2007)
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| October 19, 2007 |
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DEMAND for Trial by Jury by Susan Chang, Justine Ho-Wee Wong.(not imaged, filed in state court) (lmp) (Entered: October 19, 2007)
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| October 19, 2007 |
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***Magistrate Judge Stickney chosen by random selection to handle matters that may be referred in this case. (lmp) (Entered: October 19, 2007)
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| October 19, 2007 |
2
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Order Designating Case for ECF - see order for specifics. (Signed by Judge Sidney A Fitzwater on 10/19/07) (lmp) (Entered: October 19, 2007)
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| October 19, 2007 |
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CERTIFICATE OF INTERESTED PERSONS by Virgin Mobile USA LLC. (see document #1 for image) (svc) (Entered: October 25, 2007)
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| October 22, 2007 |
3
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Notice of Removal/Concurrence in Removal by Creative Commons Corporation (Ross, John) Modified on 10/23/2007 (svc). (Entered: October 22, 2007)
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| October 26, 2007 |
4
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ORDER: No later than 20 days from the date of this order, Virgin Mobile must file an amended notice of removal that alleges diversity of citizenship in conformity with 28 U.S.C. § 1332;
otherwise, this action will be remanded to state court. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 10/26/2007) (tln) (Entered: October 26, 2007)
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| October 29, 2007 |
5
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MOTION to Dismiss by Creative Commons Corporation with Brief/Memorandum in Support. (Ross, John) (Entered: October 29, 2007)
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| October 30, 2007 |
6
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Amended MOTION to Dismiss by Creative Commons Corporation with Brief/Memorandum in Support. (Ross, John) (Entered: October 30, 2007)
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| October 30, 2007 |
7
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Notice of Correction of Signature Omission, correcting signature omission in 5
Motion to Dismiss filed by Creative Commons Corporation. (Ross, John) (Entered: October 30, 2007)
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| October 30, 2007 |
8
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Notice of Correction of Signature Omission, correcting signature omission in 6
Motion to Dismiss filed by Creative Commons Corporation. (Ross, John) (Entered: October 30, 2007)
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| October 30, 2007 |
9
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PROPOSED ORDER/STIPULATION by Virgin Mobile USA LLC, Susan Chang, Justine Ho-Wee Wong. (Reed, Noelle) Modified on 10/31/2007 (svc). (Entered: October 30, 2007)
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| October 31, 2007 |
10
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ORDER: The October 31, 2007 stipulation of defendant Virgin Mobile USA, L.P. and plaintiffs Susan Chang, as next friend of A. C., a minor, and Justin Ho-Wee Wong, is approved. (Signed by
Judge Sidney A Fitzwater on 10/31/2007) (axm) (Entered: October 31, 2007)
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| November 6, 2007 |
11
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***WITHDRAWN PER DOC #21***Amended MOTION for Rule 11 Sanctions by Creative Commons Corporation with Brief/Memorandum in Support. (Ross, John) Modified on 11/7/2007 (lmp). Modified on
11/16/2007 (jyg). (Entered: November 6, 2007)
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| November 8, 2007 |
12
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Susan Chang. (Romney, Mark) (Entered: November 8, 2007)
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| November 8, 2007 |
13
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Application and Order for Admission Pro Hac Vice by Ryan H Zehl for Susan Chang and Justin Ho-Wee Wong. (Signed by Judge Sidney A Fitzwater on 11/8/07) (npk) (Entered: November 8, 2007)
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| November 8, 2007 |
14
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NOTICE of Attorney Appearance by Mark W Romney on behalf of Susan Chang. (Romney, Mark) (Entered: November 8, 2007)
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| November 9, 2007 |
15
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Consent to Removal by Virgin Mobile PTY LTD (Meyerhoff, Lisa) Modified on 11/13/2007 (skt). (Entered: November 9, 2007)
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| November 9, 2007 |
16
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Motion for Extension of Time to File Answer and/or Otherwise Respond to Plaintiffs Original Petition by Virgin Mobile PTY LTD (Meyerhoff, Lisa) (Entered: November 9, 2007)
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| November 13, 2007 |
17
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ORDER granting 16 Unopposed Motion for Extension of Time to File Answer re
1 Notice of Removal. Virgin Mobile PTY LTD answer due 12/20/2007. (Signed by Judge
Sidney A Fitzwater on 11/13/2007) (axm) (Entered: November 13, 2007)
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| November 13, 2007 |
18
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CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Creative Commons Corporation. (Ross, John) (Entered: November 13, 2007)
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| November 13, 2007 |
19
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AMENDED Notice of Removal by Virgin Mobile USA LLC. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3) (Reed, Noelle) Modified on 11/15/2007 (skt).
(Entered: November 13, 2007)
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| November 15, 2007 |
20
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MOTION to Withdraw 11 Amended MOTION for Rule 11 Sanctions and Memorandum in
Support by Creative Commons Corporation (Parker, Derrick) Modified on 11/19/2007 (skt). (Entered: November 15, 2007)
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| November 16, 2007 |
21
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ORDER granting 20 Motion to Withdraw 11 Amended Motion for Rule 11 Sanctions. (Signed by Judge Sidney A Fitzwater on
11/16/2007) (axm) (Entered: November 16, 2007)
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| November 16, 2007 |
23
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Order: Proposed Scheduling Order due by 12/17/2007. (see order for specifics) (Signed by Judge Sidney A Fitzwater on 11/16/07) (lmp) (Entered: November 20, 2007)
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| November 20, 2007 |
22
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AMENDED COMPLAINT against all defendants filed by Susan Chang, Justin Ho-Wee Wong. (Zehl, Ryan) (Entered: November 20, 2007)
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| November 27, 2007 |
24
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NOTICE by Susan Chang, Justin Ho-Wee Wong Dismissal without prejudice (Zehl, Ryan) (Entered: November 27, 2007)
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| November 28, 2007 |
25
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Unopposed MOTION for Extension of Time to File Scheduling Proposal by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) (Entered: November 28, 2007)
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| November 28, 2007 |
26
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ORDER granting 25 Unopposed MOTION for Extension of Time to File Scheduling
Proposal. Proposed Scheduling Order due by 2/15/2008. (Signed by Judge Sidney A Fitzwater on 11/28/07) (lmp) (Entered: November 29, 2007)
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| December 20, 2007 |
27
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MOTION to Dismiss and Supporting Brief by Virgin Mobile PTY LTD. (Meyerhoff, Lisa) Modified on 12/21/2007 (skt). (Entered: December 20, 2007)
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| December 20, 2007 |
28
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Appendix in Support filed by Virgin Mobile PTY LTD re 27 MOTION to Dismiss
(Meyerhoff, Lisa) Modified on 12/21/2007 (skt). (Entered: December 20, 2007)
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| January 2, 2008 |
29
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Unopposed MOTION for Extension of Time to File Response/Reply by Susan Chang, Justin Ho-Wee Wong (Attachments: # 1 Affidavit
Affidavit supporting motion for extension) (Zehl, Ryan) (Entered: January 2, 2008)
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| January 3, 2008 |
30
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ORDER granting 29 Plaintiffs' Unopposed Motion to Extend Deadline to Respond to
Defendant's Motion to Dismiss. Responses due by 4/9/2008. (Signed by Judge Sidney A Fitzwater on 1/3/08) (klm) (Entered: January 3, 2008)
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| January 4, 2008 |
31
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***WITHDRAWN PER ORDER OF 1/15/08 - DOC. 34*** MOTION for Leave to re-serve Defendant Virgin Mobile Pty Ltd by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified on 1/4/2008 (jb).
Modified on 1/15/2008 (klm). (Entered: January 4, 2008)
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| January 10, 2008 |
32
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MOTION to Withdraw 31 MOTION for Leave to re-serve Defendant Virgin Mobile Pty Ltd
by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified on 1/11/2008 (jb). (Entered: January 10, 2008)
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| January 14, 2008 |
33
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Summons Issued as to Virgin Mobile PTY LTD. (skt) (Entered: January 15, 2008)
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| January 15, 2008 |
34
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ORDER withdrawing 31 Motion for Leave to re-serve Defendant Virgin Mobile Pty
Ltd.; granting 32 Motion to Withdraw 31 MOTION for Leave to re-serve Defendant Virgin Mobile Pty Ltd. (Signed by Judge Sidney A
Fitzwater on 01/15/08) (lmp) (Entered: January 15, 2008)
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| February 1, 2008 |
35
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Plaintiffs' Unopposed MOTION to Reset Deadlines for FED.R.CIV.P. 26(F) Conference and Submission of a Scheduling Proposal by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified text on
2/4/2008 (axm). (Entered: February 1, 2008)
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| February 4, 2008 |
36
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ORDER granting in part and denying in part 35 Unopposed MOTION to Reset Deadlines
for FED.R.CIV.P. 26(F) Conference and Submission of a Scheduling Proposal. Proposed Scheduling Order due by 3/4/2008. (Signed by Judge Sidney A Fitzwater on 2/4/08) (npk) (Entered:
02/04/2008)
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| February 22, 2008 |
37
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Second MOTION for Extension of Time to File Response/Reply as to 27 MOTION to
Dismiss by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) (Entered: February 22, 2008)
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| February 26, 2008 |
38
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ORDER granting 37 Second MOTION for Extension of Time to File Response/Reply as to
27 MOTION to Dismiss. The response must be filed no later than June 9, 2008.
(Signed by Judge Sidney A Fitzwater on 02/26/08) (lmp) (Entered: February 26, 2008)
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| February 26, 2008 |
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Reset Deadlines as to 27 Motion to Dismiss. Responses due by 6/9/2008. (per
order#38) (lmp) (Entered: February 26, 2008)
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| March 3, 2008 |
39
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Joint Proposed Scheduling Plan by Susan Chang, Justin Ho-Wee Wong. (Zehl, Ryan) Modified on 3/4/2008 (skt). (Entered: March 3, 2008)
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| March 3, 2008 |
40
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NOTICE by Virgin Mobile PTY LTD re 39 Proposed Scheduling and Discovery Order -
Letter to Judge Fitzwater re Virgin Mobile Pty Ltd. objects to making Rule 26(a)(1) Initial Disclosures at this time (Meyerhoff, Lisa) (Entered: March 3, 2008)
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| March 7, 2008 |
41
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ORDER OF REFERENCE: Accordingly, pursuant to 28 U.S.C. § 636(b)(1)(A), the court refers to United States Magistrate Judge Paul D. Stickney for determination defendant's objection to
making Rule 26(a)(1) disclosures, the determination of what disclosures if any are to be made, and the determination of a time for disclosure. Judge Stickney may conduct a hearing if he
determines that a hearing is necessary. (Signed by Judge Sidney A Fitzwater on 3/7/08) (skt) (Entered: March 10, 2008)
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| March 10, 2008 |
42
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Standing Order for Electronic Filings Related to Matters Referred to the United States Magistrate Judge - see order for specifics. (Signed by Magistrate Judge Paul D Stickney on 3/10/08)
(jrb) (Entered: March 10, 2008)
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| March 10, 2008 |
43
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SCHEDULING ORDER: Joinder of Parties due by 10/15/2008. Amended Pleadings due by 1/1/2009. Discovery due by 5/1/2009. Status Report due by 5/1/2009. Motions due by 7/1/2009. (See Order
for specifics) (Signed by Judge Sidney A Fitzwater on 3/10/08) (skt) (Entered: March 10, 2008)
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| March 18, 2008 |
44
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ORDER: Pursuant to the District Court's Order (doc. 41), Defendant Virgin Mobile Pty Ltd.'s objection to making FED. R. CIV. P. 26(a)(1) disclosures, filed March 3, 2008, has been
referred to the United States Magistrate Judge for hearing, if necessary, and to determine what disclosures, if any, are to be made, and to determine a time for disclosure. The Court will
hear the objection on THURSDAY, APRIL 10, 2008, at 9:00 A.M. (see order for specifics) (Signed by Magistrate Judge Paul D Stickney on 03/18/08) (lmp) (Entered: March 19, 2008)
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| April 10, 2008 |
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Minute Entry for proceedings held before Magistrate Judge Paul D Stickney: Hearing regarding defendant's objections held on 4/10/08. The Court Grants the defendant's objections. Order to
enter. Attorney Appearances: Plaintiff - Ryan H. Zehl, Bryant A. Fitts; Defense - Myall Hawkins. (Court Reporter Electronic.) Time in Court: 10 Min. NO PDF ATTACHED - THIS IS A VIRTUAL
MINUTE ENTRY. (grj) (Entered: April 10, 2008)
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| April 10, 2008 |
45
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ORDER: The Court hereby GRANTS the Defendant's objections to making initial disclosures under Rule 26(a)(1) until after the Defendant's motion to dismiss has been decided. However, the
parties are instructed to continue supplementing discovery as it relates to jurisdiction. (Signed by Magistrate Judge Paul D Stickney on 4/10/2008) (axm) (Entered: April 10, 2008)
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| May 7, 2008 |
46
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Plaintiffs' MOTION for Extension of Time to File Response/Reply re: 27
MOTION to Dismiss filed by Susan Chang, Justin Ho-Wee Wong (Attachments: # 1 Affidavit) (Zehl, Ryan) (Entered: May 7, 2008)
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| May 14, 2008 |
47
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RESPONSE in Opposition filed by Virgin Mobile PTY LTD re 46 Plaintiffs'
MOTION for Extension of Time to File Response/Reply re: 27 MOTION to Dismiss
Defendant Virgin Mobile (Australia) Pty Ltd.'s Opposition to Plaintiffs' Motion for Third Extension to File an Opposition on Defendant's Motion to Dismiss (Meyerhoff, Lisa)
(Entered: May 14, 2008)
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| May 14, 2008 |
48
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Appendix in Support filed by Virgin Mobile PTY LTD re 47 Response in Opposition,
(Meyerhoff, Lisa) (Entered: May 14, 2008)
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| May 27, 2008 |
49
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REPLY to Defendant's opposition to Plaintiffs' motion for extension re: 46
Plaintiffs' MOTION for Extension of Time to File Response/Reply re: 27
MOTION to Dismiss filed by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) (Entered: May 27, 2008)
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| May 27, 2008 |
50
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ORDER granting 46 Third Motion to Extend the Deadline to Respond to Defendant's
Motion to Dismiss. Responses due by 7/24/2008. (see order) (Signed by Judge Sidney A Fitzwater on 5/27/2008) (axm) (Entered: May 27, 2008)
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| July 24, 2008 |
51
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RESPONSE in Opposition filed by Susan Chang, Justin Ho-Wee Wong re 27 MOTION to
Dismiss (Attachments: # 1 Appendix, # 2 Affidavit, # 3 Affidavit, # 4 Affidavit, # 5 Affidavit, # 6 Exhibit) (Zehl, Ryan) (Entered: July 24, 2008)
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| July 29, 2008 |
52
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AFFIDAVIT re 51 Response in Opposition to Defendant's Motion to Dismiss by
Susan Chang, Justin Ho-Wee Wong. (Attachments: # 1 Letter to Clerk) (Zehl, Ryan) (Entered: July 29, 2008)
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| August 8, 2008 |
53
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REPLY to Plaintiffs' Opposition re: 27 MOTION to Dismiss filed by Virgin
Mobile PTY LTD (Meyerhoff, Lisa) (Entered: August 8, 2008)
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| August 8, 2008 |
54
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Appendix in Support filed by Virgin Mobile PTY LTD re 53 Reply to Response to
Motion to Dismiss (Meyerhoff, Lisa) (Entered: August 8, 2008)
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| August 12, 2008 |
55
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***UNFILED PER ORDER OF 8/13/08, DOC. 56*** Sur-reply filed by Susan Chang, Justin Ho-Wee Wong re 27 MOTION to Dismiss (Attachments: # 1 Appendix Appendix, # 2 Exhibit 6 - Virgin Mobile's Objections &
Answers to ROG, # 3 Exhibit 7 - Affidavit of Ryan H. Zehl) (Zehl, Ryan) Modified on 8/13/2008 (klm). (Entered: August 12, 2008)
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| August 13, 2008 |
56
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Order Unfiling 55 Sur-reply to Response filed by Susan Chang, Justin Ho-Wee Wong
due to the following deficiency: Does not have leave of Court to file. (Signed by Judge Sidney A Fitzwater on 8/13/08) (klm) (Entered: August 13, 2008)
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| August 13, 2008 |
57
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***DISREGARD PER ATTORNEY - DOCUMENT REFILED AS DOC 58*** MOTION for Leave to File Sur-Reply to Defendants Reply to Plaintiffs Motion in Opposition to Defendants Motion to Dismiss filed
by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan) Modified on 8/14/2008 - incorrect title listed on pdf(axm). Modified on 8/21/2008 (axm). (Entered: August 13, 2008)
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| August 14, 2008 |
58
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MOTION for Leave to File Sur-Reply to Defendant's Response to Plaintiffs' Motion in Opposition to Defendant's Motion to Dismiss filed by Susan Chang, Justin Ho-Wee Wong (Zehl, Ryan)
(Entered: August 14, 2008)
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| August 14, 2008 |
59
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RESPONSE in Opposition filed by Virgin Mobile PTY LTD re 58 MOTION for Leave to
File Sur-Reply to Defendant's Response to Plaintiffs' Motion in Opposition to Defendant's Motion to Dismiss (Meyerhoff, Lisa) (Entered: August 14, 2008)
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| August 14, 2008 |
60
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Appendix in Support filed by Virgin Mobile PTY LTD re 59 Response in Opposition
to Plaintiffs Motion for Leave to File Sur-Reply to Defendants Reply to Plaintiffs Opposition to Defendants Motion to Dismiss (Meyerhoff, Lisa) (Entered: August 14, 2008)
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| August 19, 2008 |
61
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ORDER: Within 20 days of the date this order is filed, counsel must file with the clerk of court one of the following: (1) a letter that demonstrates why counsel is not subject to, or is
exempt from, the local counsel requirement; (2) a designation of local counsel that states local counsel's address and telephone number; (3) a motion for leave to proceed without local
counsel. (Signed by Judge Sidney A Fitzwater on 8/19/08) (tln) (Entered: August 19, 2008)
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| August 21, 2008 |
62
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Sur-reply filed by Susan Chang, Justin Ho-Wee Wong re 27 MOTION to Dismiss
(Attachments: # 1 Appendix, # 2 Exhibit 6, # 3 Exhibit 7) (Zehl, Ryan) (Entered: August 21, 2008)
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| August 21, 2008 |
63
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NOTICE of Letter to Clerk re: 61 Order, filed by Virgin Mobile PTY LTD
(Meyerhoff, Lisa) (Entered: August 21, 2008)
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| August 21, 2008 |
64
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ORDER granting 58 Plaintiffs' motion for leave to file surreply. Plaintiffs must
file their surreply by 9/2/2008. Virgin Mobile may file a final reply brief no later than 9/17/2008. (Signed by Judge Sidney A Fitzwater on 8/21/08) (tln) (Entered: August 21, 2008)
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| August 29, 2008 |
65
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Final REPLY to Plaintiffs' Sur-Reply re: 27 MOTION to Dismiss filed
by Virgin Mobile PTY LTD (Meyerhoff, Lisa) (Entered: August 29, 2008)
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| August 29, 2008 |
66
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Appendix in Support filed by Virgin Mobile PTY LTD re 65 Reply to Response to
Motion (Meyerhoff, Lisa) (Entered: August 29, 2008)
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