Plaintiff RealNetworks, Inc. alleged that defendant MLB Advanced Media, L.P. breached their contract by providing MLB Gameday Audio on the MLB.com website solely in the Windows Media format instead of in RealNetworks' format, and by providing MLB.TV on the MLB.com website solely in the Windows Media format instead of RealNetworks' format.
Date Filed
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#
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Docket Text
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| March 10, 2004 |
1
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COMPLAINT - DEMAND FOR JURY TRIAL (Summons(es) issued) (Receipt # 408561) (Attachments: # 1 Civil
Cover Sheet)(KM, ) (Entered: March 10, 2004)
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| March 10, 2004 |
2
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MOTION TO FILE DOCUMENTS UNDER SEAL (Attachments: # 1 Proposed Order)(KM, ) (Entered: March 10, 2004)
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| March 10, 2004 |
3
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SEALED DOCUMENT EXHIBIT TO COMPLAINT by Plaintiff RealNetworks Inc (KM, ) (Entered: March 10, 2004)
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| March 10, 2004 |
6
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SEALED DOCUMENT DECLARATION OF STEPHEN M. GRIMES (Attachments: # (1))(KM, ) (Entered: March 10, 2004)
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| March 10, 2004 |
7
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SEALED DOCUMENT DECLARATION OF RICHARD WOLPERT by Plaintiff RealNetworks Inc (KM, ) (Entered: March 10, 2004)
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| March 11, 2004 |
8
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ORDER REGARDING INITIAL DISCLOSURES, JOINT STATUS REPORT AND EARLY SETTLEMENT Joint Status Report due by 7/2/2004. by Judge Franklin D. Burgess. (CAR, ) (Entered: March 12, 2004)
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| March 11, 2004 |
9
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ORDER REGARDING DISCOVERY AND DEPOSITIONS by Judge Franklin D. Burgess. (CAR, ) (Entered: March 12, 2004)
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| March 11, 2004 |
11
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AFFIDAVIT OF SERVICE BY PERSONAL DELIVERY OF SUMMONS and Complaint returned executed upon Michael J. Mellis, registered agent for defendant MLB Advanced Media LP on 3/9/2004. (CAR, )
(Entered: March 12, 2004)
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| March 11, 2004 |
12
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NOTICE of Appearance by attorneys Laurene E Somerville and James L Magee on behalf of Defendant MLB Advanced Media LP (CAR, ) (Entered: March 15, 2004)
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| March 12, 2004 |
10
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ORDER that RealNetworks' motion for temporary restraining order [4] is DENIED; and RealNetworks may file its motion for preliminary injunction no later than 3/22/04 and note the motion for
hearing as any other dispositive motion pursuant to CR 7(d)(3), Local Rules W.D. Wash. If either party desires oral argument, it may so indicate as provided by CR 7(b)(4); however, unless
otherwise ordered by the Court, the motion will be decided without oral argument by Judge Franklin D. Burgess.(CAR, ) (Entered: March 12, 2004)
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| March 12, 2004 |
13
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APPLICATION by Defendant MLB Advanced Media LP AND ORDER admitting G Michael Halfenger for MLB Advanced Media LP pro hac vice. Receipt # 408572. (CAR, ) (Entered: March 15, 2004)
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| March 12, 2004 |
14
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APPLICATION by Defendant MLB Advanced Media LP AND ORDER admitting Mary K Braza for MLB Advanced Media LP pro hac vice. Receipt # 408572. (CAR, ) (Entered: March 15, 2004)
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| March 22, 2004 |
15
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MOTION to Seal Document by Plaintiff RealNetworks Inc. (Palumbo, Ralph) (Entered: March 22, 2004)
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| March 22, 2004 |
16
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SEALED MOTION by Plaintiff RealNetworks Inc. Noting Date 4/16/2004.(Palumbo, Ralph) (Entered: March 22, 2004)
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| March 22, 2004 |
17
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SEALED DOCUMENT by Plaintiff RealNetworks Inc Decl. of L. Jacobson. (Palumbo, Ralph) (Entered: March 22, 2004)
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| March 22, 2004 |
18
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SEALED DOCUMENT by Plaintiff RealNetworks Inc Decl. of A. Sinnreich. (Palumbo, Ralph) (Entered: March 22, 2004)
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| March 22, 2004 |
19
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DECLARATION of Charles Prutting by Plaintiff RealNetworks Inc. (Palumbo, Ralph) (Entered: March 22, 2004)
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| March 22, 2004 |
20
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SEALED DOCUMENT by Plaintiff RealNetworks Inc Attachments to Wolpert Decl.. (Attachments: # (1) # (2))(Palumbo, Ralph) Modified on 3/23/2004 - image
turned off per cnsl/duplicate of attachments to doc #23 (CAR, ). (Entered: March 22, 2004)
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| March 22, 2004 |
21
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SEALED DOCUMENT by Plaintiff RealNetworks Inc re [16] SEALED MOTION Proposed Order. (Palumbo, Ralph) (Entered:
03/22/2004)
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| March 22, 2004 |
22
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MOTION for Order Proposed Order to File Under Seal by Plaintiff RealNetworks Inc. (Palumbo, Ralph) (Entered: March 22, 2004)
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| March 22, 2004 |
23
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SEALED DOCUMENT by Plaintiff RealNetworks Inc Decl. of R. Wolpert & Exhbts.. (Attachments: # (1) # (2) # (3) # (4))(Palumbo, Ralph) (Entered:
03/22/2004)
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| March 23, 2004 |
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NOTICE of Docket Text Modification re [20] Sealed Document, : image turned off per cnsl/duplicate of attachments to doc #23 (CAR, ) (Entered: March 23, 2004)
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| March 26, 2004 |
24
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ORDER granting 15 Motion to file certain documents under seal, and P' may file the following docs
under seal: P' mtn for prelim inj; Decl of Richard Wolpert in support of mtn w/exhs; Decl of Larry Jacobson, w/exhs; Decl of Aram Sinnreich; and [proposed] Order granting P' mtn. The
parties are ordered to submit a proposed protective order to the Court w/i thirty 30 days from the
date of this Order. by Judge Franklin D. Burgess.(CAR, ) (Entered: March 29, 2004)
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| March 29, 2004 |
25
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SEALED DOCUMENT by Defendant MLB Advanced Media LP Answer and Counterclaims. (Attachments: # (1) Exhibit Screen Shot# (2) Exhibit Japanese Website#
(3) Exhibit Real Advertisement)(Braza, Mary) (Entered: March 29, 2004)
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| March 29, 2004 |
26
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MOTION to Seal Document by Defendant MLB Advanced Media LP. (Braza, Mary) (Entered: March 29, 2004)
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| March 29, 2004 |
27
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MOTION for Order by Defendant MLB Advanced Media LP. (Braza, Mary) Modified on 3/30/2004 (ZG, ). Filed in error, see dkt. 26. (Entered: March 29, 2004)
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| April 6, 2004 |
28
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ORDER that D' mtn to file certain documents under seal 26 is GRANTED, and D' may file its Answer to
Complaint, Affirmative Defenses and Counterclaim (together with any attachments thereto) under seal, subject to the parties' compliance with the Court's March 26, 2004 Order. by Judge
Franklin D. Burgess.(CAR, ) (Entered: April 6, 2004)
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| April 19, 2004 |
29
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Answer to Counterclaims CLAIM Counterclaims by RealNetworks Inc. (Palumbo, Ralph) (Entered: April 19, 2004)
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| May 10, 2004 |
30
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REPLY by Defendant MLB Advanced Media LP to 29 Claim "Counterclaims" Stated in Plaintiff's Answer
to Counterclaims. (Magee, James) (Entered: May 10, 2004)
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| May 10, 2004 |
31
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Letter from Denise L. Ashbaugh confirming counsel's request to remove P' mtn for preliminary injunction from the Court's calendar. (CAR, ) (Entered: May 11, 2004)
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| June 25, 2004 |
32
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INITIAL DISCLOSURES by Plaintiff RealNetworks Inc.(Engel, Lynn) (Entered: June 25, 2004)
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| June 30, 2004 |
33
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INITIAL DISCLOSURES by Defendant MLB Advanced Media LP.(Braza, Mary) (Entered: June 30, 2004)
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| July 2, 2004 |
34
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DISCOVERY PLAN by Plaintiff RealNetworks Inc.(Engel, Lynn) (Entered: July 2, 2004)
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| July 2, 2004 |
35
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JOINT STATUS REPORT filed by all parties. Est. Trial Days: 10 by Plaintiffs RealNetworks Inc, RealNetworks Inc.(Engel, Lynn) (Entered: July 2, 2004)
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| July 6, 2004 |
36
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ORDER REASSIGNING CASE. The Court Reassigns This Case to Judge Ricardo Martinez For All Further Proceedings. All Future Pleadings Shall Bear The Cause Number C04-511RSM. Judge Franklin D.
Burgess no longer assigned to case. (RM, ) (Entered: July 6, 2004)
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| July 15, 2004 |
37
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SCHEDULING ORDER: Jury Trial (2 weeks) set for 6/13/2005 09:00 AM before Hon. Ricardo Martinez. Joinder of Parties due by 7/26/2004; Expert Witness Disclosure due by 8/9/2004; Motions due
by 8/16/2004; Discovery due by 9/1/2004; Dispositive motions due by 2/21/2005; Motions in Limine due by 5/16/2005; Pretrial Order due by 5/27/2005; Pretrial Conference set for 6/3/2005
01:30 PM before Hon. Ricardo Martinez. Trial briefs to be submitted by 6/1/2005; Voir dire/jury instructions due by 6/1/2005; Proposed Findings of Fact and Conclusions of Law to be
submitted by 6/1/2005 by Judge Ricardo Martinez. (LW) (Entered: July 15, 2004)
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| August 11, 2004 |
38
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STIPULATION and Protective Order by parties. (Ashbaugh, Denise) (Entered: August 11, 2004)
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| August 11, 2004 |
39
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ORDER re: 38 Stipulation and Protective Order. The parties' stipulated request is GRANTED. Order is
attached. Signed by Judge Ricardo Martinez. (SES) (Entered: August 11, 2004)
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| August 16, 2004 |
40
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STIPULATION Extending Deadline to File Motions Related to Discovery by parties re 37
Scheduling Order,,. (Palumbo, Ralph) (Entered: August 16, 2004)
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| August 18, 2004 |
41
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Stipulated MOTION AND PROPOSED ORDER Stipulation Extending Deadline to File Motions Re Discovery by Plaintiff RealNetworks Inc. (Engel, Lynn) Modified Text on 8/19/2004 (MD, ).
(Entered: August 18, 2004)
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| August 19, 2004 |
42
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MOTION for Protective Order Staying Discovery by Defendant MLB Advanced Media LP. Noting Date 8/30/2004. (Attachments: # 1 Proposed Order)(Magee, James) (Entered: August 19, 2004)
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| August 19, 2004 |
43
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DECLARATION of Mary K. Braza re 42 MOTION for Protective Order Staying Discovery by Defendant
MLB Advanced Media LP. (Magee, James) (Entered: August 19, 2004)
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| August 19, 2004 |
44
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SEALED MOTION to Dismiss Counterclaims and Motion to Dismiss Plaintiff's Claims by Defendant MLB Advanced Media LP. Noting Date 9/10/2004.
(Attachments: # (1) Proposed Order)(Magee, James) (Entered: August 19, 2004)
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| August 19, 2004 |
45
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SEALED DOCUMENT Declaration of Thomas J. Ostertag by Defendant MLB Advanced Media LP re [44] SEALED MOTION to
Dismiss Counterclaims and Motion to Dismiss Plaintiff's Claims. (Magee, James) (Entered: August 19, 2004)
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| August 19, 2004 |
46
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SEALED DOCUMENT Declaration of Michael Sapherstein by Defendant MLB Advanced Media LP re [44] SEALED MOTION to
Dismiss Counterclaims and Motion to Dismiss Plaintiff's Claims. (Magee, James) (Entered: August 19, 2004)
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| August 19, 2004 |
48
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STIPULATION AND ORDER Extending Deadline to file Motions Related to Discovery; file motions related to discovery by 8/20/04 by Judge Ricardo Martinez. (LS, ) (Entered: August 23, 2004)
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| August 19, 2004 |
49
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AFFIDAVIT OF SERVICE OF DEPOSITION SUBPOENA upon Microsoft Corproation a/k/a MSN.com served on 8/17/04. (CAR, ) (Entered: August 23, 2004)
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| August 20, 2004 |
47
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STIPULATION and Proposed Order TO STAY DISCOVERY AND MOTIONS RELATED TO DISCOVERY by parties. (Engel, Lynn) Text Modified on 8/23/2004 (LS, ). (Entered: August 20, 2004)
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| August 26, 2004 |
50
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STIPULATION AND ORDER to Stay Discovery and Motions Related to Discovery, Discovery due by 9/15/2004 by Judge Ricardo Martinez. (LS, ) (Entered: August 27, 2004)
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| August 27, 2004 |
51
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APPLICATION by Defendant MLB Advanced Media LP AND ORDER admitting Paul Bargren for MLB Advanced Media LP pro hac vice. Receipt # 409388. (CAR, ) (Entered: August 31, 2004)
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| September 9, 2004 |
52
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NOTICE OF WITHDRAWAL AND SUBSTITUTION OF COUNSEL on behalf of Defendant MLB Advanced Media LP. Soojin E Kim is substituted as counsel for Defendant. Attorney Laurene E Somerville
terminated. (Kim, Soojin) (Entered: September 9, 2004)
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| September 9, 2004 |
53
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REPLY, filed by Defendant MLB Advanced Media LP, TO RESPONSE to [44] SEALED MOTION to Dismiss Counterclaims and Motion to Dismiss Plaintiff's Claims
(Magee, James) (Entered: September 9, 2004)
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| September 16, 2004 |
54
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ORDER granting Defendant's [44] Sealed Motion ; MLBAM's counter-claims are dismissed without prejudice and RealNetworks' claims against MLBAM are dismissed without prejudice by Judge
Ricardo Martinez.(LMS, ) (Entered: September 17, 2004)
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