Plaintiff Erik Curran alleges that (1) defendant Amazon.com, Inc. sold a novel titled "Killer Elite" that was published by defendant St. Martin's Press, LLC and ha a photograph of plaintiff on the cover; (2) defendant Getty Images, Inc. provided the photograph of plaintiff to St. Martin's Press; (3) defendant Hot Toys, Ltd. was using plaintiff's photograph as a model for an action figure, and (4) defendant Cafepress.com Inc. sold t-shirts bearing plaintiff's photograph.
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Date Filed
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#
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Docket Text
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| June 1, 2007 |
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CASE assigned to Judge John T. Copenhaver, Jr. (skh) (Entered: June 5, 2007)
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| June 1, 2007 |
3
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NOTICE OF REMOVAL by St. Martin's Press, LLC, Amazon.Com, Inc. with summons, complaint, certified docket sheet, Affidavit of Paul Sleven from Circuit Court of Kanawha County and Consents
to Removal by Cafe Press.Com, Getty Images, Inc. and Sideshow, Inc. Filing Fee $350.00. Receipt #20532. (Attachments: # 1 Civil
Cover Sheet) (mkw) (Modified for clarification on 6/7/2007) (Howie, Susan). (Entered: June 5, 2007)
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| June 5, 2007 |
1
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MOTION by Amazon.Com, Inc. to Dismiss (Barnette, David)
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| June 5, 2007 |
2
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MEMORANDUM by Amazon.Com, Inc. in support of 1 MOTION by Amazon.Com, Inc. to Dismiss
(Barnette, David)
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| June 5, 2007 |
4
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STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED AUGUST 1, 2006. This matter referred to Magistrate Judge Stanley for discovery.
(cc: attys; any unrepresented party) (mkw)
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| June 7, 2007 |
5
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ORDER AND NOTICE: Rule 12(b) Motions 6/27/2007. Rule 26(f) Meeting 7/9/2007. Last day to file report of Rule 26(f) Meeting 7/16/2007. Scheduling Conference at 11:00 AM on 8/2/2007 in
Charleston, before Magistrate Judge Mary E. Stanley. Entry of Scheduling Order 8/8/2007. Last Day to make Rule 26(a)(1) disclosures 8/31/2007. Signed by Judge John T. Copenhaver, Jr. on
6/7/2007. (cc:attys; any unrepresented party) (tmr)
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| June 7, 2007 |
6
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STATEMENT OF VISITING ATTORNEY from Wendy M. Mantell on behalf of Cafe Press.Com, Inc.. Local counsel: John H. Tinney. Fee $50.00. Receipt # 541758. (Tinney, John)
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| June 7, 2007 |
7
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STATEMENT OF VISITING ATTORNEY from Ian C. Ballon on behalf of Cafe Press.Com, Inc.. Local counsel: John H. Tinney. Fee $50.00. Receipt # 541775. (Tinney, John)
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| June 8, 2007 |
8
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CERTIFICATE OF SERVICE filed by Amazon.com, Inc. for Motion to Dismiss and Memorandum of Law (Barnette, David)
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| June 8, 2007 |
9
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MOTION by St. Martin's Press, LLC to Dismiss (Barnette, David)
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| June 8, 2007 |
10
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MEMORANDUM by St. Martin's Press, LLC in support of 9 MOTION by St. Martin's Press,
LLC to Dismiss (Attachments: # 1 Exhibit(s))(Barnette, David)
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| June 8, 2007 |
11
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CORPORATE DISCLOSURE STATEMENT by Cafe Press.Com, Inc. (Tinney, John)
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| June 8, 2007 |
12
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MOTION by Cafe Press.Com, Inc. to Dismiss (Tinney, John)
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| June 8, 2007 |
13
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MEMORANDUM by Cafe Press.Com, Inc. in support of 12 MOTION by Cafe Press.Com, Inc. to
Dismiss (Attachments: # 1 Exhibit(s) A)(Tinney, John) (Modified title of entry and added description to attachment on
6/11/2007) (Howie, Susan).
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| June 8, 2007 |
14
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CERTIFICATE OF SERVICE filed by Cafe Press.Com, Inc. for its Motion to Dismiss and Memorandum in Support (Tinney, John) (Modified on 6/11/2007 to correctly reflect documents filed)
(Howie, Susan).
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| June 8, 2007 |
15
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ANSWER TO COMPLAINT by Getty Images, Inc..(Taylor, Elizabeth)
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| June 11, 2007 |
16
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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant St. Martin's Press, LLC (Barnette, David)
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| June 14, 2007 |
17
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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Amazon.com, Inc. (Barnette, David)
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| June 14, 2007 |
18
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CERTIFICATE OF SERVICE filed by Amazon.com, Inc. for Disclosure of Corporate Affiliations and Financial Interest (Barnette, David)
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| June 18, 2007 |
19
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MOTION by Erik Curran to Amend Complaint to Add Correct Party (Attachments: # 1 Exhibit(s) Proposed Amended Complaint)(Love,
Charles) (Modified for clarification on 6/19/2007) (Howie, Susan).
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| June 20, 2007 |
20
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STATEMENT OF VISITING ATTORNEY from Stephen M. Rummage on behalf of Getty Images, Inc.. Local counsel: Andrew B. Cooke. Fee $50.00. Receipt # 547559. (Attachments: # 1 Proposed Order Rummage Pro Hac Vice Admission)(Taylor, Elizabeth)
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| June 22, 2007 |
21
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RESPONSE by Erik Curran in opposition of 1 MOTION by Amazon.Com, Inc. to Dismiss
(Attachments: # 1 Exhibit(s) Exhibit A, Cover of Book)(Love, Charles) (Modified on 6/25/2007 to remove link to #2 memorandum)
(Howie, Susan).
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| June 25, 2007 |
22
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RESPONSE by Erik Curran in opposition of 12 MOTION by Cafe Press.Com, Inc. to Dismiss
(Attachments: # 1 Exhibit(s) CafePress Sales Documents# 2
Exhibit(s) CafePress Sales Documents# 3 Exhibit(s) 06/20/07 Correspondence)(Love, Charles) (Modified on 6/26/2007 to remove
link to #13 memorandum) (Howie, Susan).
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| June 25, 2007 |
23
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RESPONSE by Erik Curran in opposition of 9 MOTION by St. Martin's Press, LLC to
Dismiss (Attachments: # 1 Exhibit(s) Book Jacket Cover)(Love, Charles) (Modified on 6/26/2007 to remove link to #10 memorandum)
(Howie, Susan).
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| June 26, 2007 |
24
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STIPULATION OF DISMISSAL by St. Martin's Press, LLC, Sideshow Inc., Cafe Press.Com, Inc., Erik Curran, Amazon.com, Inc., Getty Images, Inc. (Barnette, David)
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| June 27, 2007 |
25
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MOTION by Getty Images, Inc. to Dismiss (Attachments: # 1 Exhibit(s) Exhibit A - Book Jacket)(Cooke, Andrew)
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| June 27, 2007 |
26
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MEMORANDUM by Getty Images, Inc. in support of 25 MOTION by Getty Images, Inc. to
Dismiss (Cooke, Andrew)
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| June 29, 2007 |
27
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REPLY by Amazon.com, Inc. to 21 Response In Opposition. (Barnette, David)
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| July 3, 2007 |
28
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REPLY by Cafe Press.Com, Inc. to 22 Response In Opposition. (Tinney, John) (Modified
on 7/5/2007 to remove link to #12 motion) (Howie, Susan).
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| July 3, 2007 |
29
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REPLY by St. Martin's Press, LLC to 23 Response In Opposition. (Barnette, David)
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| July 6, 2007 |
30
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RESPONSE by Erik Curran in opposition of 25 MOTION by Getty Images, Inc. to Dismiss
(Attachments: # 1 Exhibit(s) Book Jacket Cover)(Love, Charles) (Modified on 7/9/2007 to remove link to #26 memorandum) (Howie,
Susan).
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| July 16, 2007 |
31
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RULE 26(f) REPORT OF PLANNING MEETING by Erik Curran. (Attachments: # 1 Addendum to Report of Parties' Planning Meeting#
2 Certificate of Service to Report of Parties' Planning Meeting)(Love, Charles) (Modified description of attachment #2 to
remove duplicate text on 7/17/2007) (Howie, Susan).
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| July 17, 2007 |
32
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REPLY by Getty Images, Inc. to 30 Response In Opposition. (Cooke, Andrew)
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| July 18, 2007 |
33
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ORDER: Cancelling the scheduling conference previously set for 8/2/2007, directing that this case shall proceed as follows: Joinder of Parties, amended pleadings due by 9/15/2007.
Discovery completed by 2/1/2008; and all depositions completed by 3/17/2008. Expert Witness List by parties bearing the burden of proof due by 12/1/2007, by party not bearing burden of
proof due by 1/15/2008, and to solely contradict or rebut evidence due by 2/15/2008. Summary Judgment and Other Dispositive Motions except those filed under Rule 12(b) due by 4/7/2008,
with responses due by 4/21/2008, and replies due by 4/29/2008. Any Mediation concluded by 3/15/2008. Settlement Meeting to be held by 6/9/2008. Motions in limine to be filed by 6/16/2008,
with responses due by 6/23/2008. Plaintiff's portion of proposed Pretrial Order to defendants due by 6/11/2008, and Proposed integrated pretrial order due by 6/18/2008. Pretrial
Conference set for 6/27/2008 at 02:00 PM in Charleston. Proposed Jury Charge due by 7/23/2008. Final Settlement Conference at 10:00 AM on 7/28/2008. Jury Trial set for 7/29/2008 at 09:30
AM in Charleston before Judge John T. Copenhaver, Jr. Signed by Magistrate Judge Mary E. Stanley on 7/18/2007. (cc: attys) (taq)
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| July 25, 2007 |
34
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SUMMONS ISSUED by the Clerk on behalf of Erik Curran for Hot Toys, Ltd., re: Complaint attached to 3 Notice of Removal, returnable 20 days. Original Summons and 2 copies returned to Plaintiff's
Attorney for service. (mkw)
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| August 14, 2007 |
35
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MOTION by Erik Curran To Appoint Special Process Server and to Extend Time for Foreign Service of Process (Love, Charles)
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| August 14, 2007 |
36
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PROPOSED ORDER To Appoint Special Process Server and To Extend Time for Foreign Service of Process by Erik Curran (Love, Charles)
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| August 16, 2007 |
37
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CERTIFICATE OF SERVICE filed by Erik Curran for Amended Certificate of Service to Plaintiff's Motion to Appoint Special Process Server and to Extend Time for Foreign Service of Process
(Love, Charles)
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| August 21, 2007 |
38
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ORDER TO APPOINT SPECIAL PROCESS SERVICE AND TO EXTEND TIME FOR FOREIGN SERVICE OF PROCESS appointing APS International, Ltd. Special Process Service for the purpose of serving process on
the defendant, Hot Toys, Ltd; granting Plaintiff's 35 MOTION To Appoint Special
Process Server and to Extend Time for Foreign Service of Process; directing that plaintiff be granted 180 days from the date of entry of this Order to afford service of process on the
aforementioned Hong Kong corporation signatory to the Hague Service Convention. Signed by Judge John T. Copenhaver, Jr. on 8/21/2007. (cc: attys) (mkw) (Modified title of entry on
8/22/2007) (Howie, Susan).
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| August 22, 2007 |
39
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CERTIFICATE OF SERVICE by Erik Curran for Rule 26(a)(1) Initial Disclosures. (Love, Charles)
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| August 30, 2007 |
40
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CERTIFICATE OF SERVICE filed by Cafe Press.Com, Inc. for CafePress.Com, Inc.'s Initial Disclosures Pursuant to Federal Rule of Civil Procedure 26 (Tinney, John)
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| August 31, 2007 |
41
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CERTIFICATE OF SERVICE by St. Martin's Press, LLC, Amazon.com, Inc. for Rule 26(a)(1) Initial Disclosures. (Barnette, David)
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| August 31, 2007 |
42
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CERTIFICATE OF SERVICE by Getty Images, Inc. for Rule 26(a)(1) Initial Disclosures. (Cooke, Andrew)
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| October 5, 2007 |
43
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ORDER granting plaintiff's 19 MOTION to Amend; the originally-named defendant,
Sideshow, Inc., d/b/a Sideshow Collectibles, a Delaware corporation, is dismissed from this action; and Sideshow, Inc., a California corporation, is named as a party in the Delaware
corporation's stead. Signed by Judge John T. Copenhaver, Jr. on 10/5/2007. (cc: attys) (mkw)
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| November 14, 2007 |
44
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CERTIFICATE OF SERVICE filed by St. Martin's Press, LLC for St. Martin's Press, LLC's First Set of Interrogatories and Request for Production of Documents to Plaintiff (Barnette, David)
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| November 14, 2007 |
45
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CERTIFICATE OF SERVICE filed by Amazon.com, Inc. for Amazon.com, Inc.'s First Set of Interrogatories and Request for Production of Documents to Plaintiff (Barnette, David)
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| November 14, 2007 |
46
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CERTIFICATE OF SERVICE filed by St. Martin's Press, LLC, Amazon.com, Inc. for Amazon.com, Inc.'s and St. Martin's Press, LLC's First Request for Admissions to Plaintiff (Barnette, David)
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| November 15, 2007 |
47
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SUMMONS REISSUED by the Clerk on behalf of Erik Curran for Hot Toys, Ltd., re: 3
Complaint attached to Notice of Removal, returnable 20 days. Original Summons and 2 copies returned to plaintiff's counsel for service. (taq)
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| November 21, 2007 |
48
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MOTION by Cafe Press.Com, Inc. to Extend Time to Complete Discovery to 02/22/08 (Tinney, John)
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| November 27, 2007 |
49
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RESPONSE by St. Martin's Press, LLC, Amazon.com, Inc. in support of 48 MOTION by Cafe
Press.Com, Inc. to Extend Time to Complete Discovery to 02/22/08. (Barnette, David)
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| December 14, 2007 |
50
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STIPULATION EXTENDING TIME to 12/31/07 by Cafe Press.Com, Inc., Erik Curran, Amazon.com, Inc. Getty Images, Inc., and St. Martin's Press, LLC (Tinney, John) Modified on 12/17/2007 to add
party filers(rap).
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| December 14, 2007 |
51
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CERTIFICATE OF SERVICE filed by Erik Curran for Certificate of Service to Plaintiff's Objections, Answers and Objections to Defendant Amazon.com, Inc.'s First Set of Interrogatories and
Request for Production of Documents; Plaintiff's Objections, Answers and Responses to Defendant St. Martin's Press LLC's First Set of Interrogatories and Request for Production of
Documents; and Plaintiff's Objections and Responses to Defendants Amazon.Com., Inc's and St. Martin's Press, LLC's First Request for Admissions (Love, Charles) Modified on 12/18/2007 to
replace incorrect image(rap).
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| December 18, 2007 |
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NOTICE OF DOCKET CORRECTION re: 51 CERTIFICATE OF SERVICE filed by Erik Curran. Error:
Incorrect image filed. Correction: Replaced with correct image (rap). Modified on 12/26/2007 to correct typo (rap).
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| December 21, 2007 |
52
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PROPOSED ORDER re 50 STIPULATION EXTENDING TIME by Cafe Press.Com, Inc.,Erik Curran,
Amazon.com, Inc. Getty Images, Inc., and St. Martin's Press, LLC (Tinney, John) Modified on 12/26/2007 to add filers and link (Proctor, Rebecca).
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| January 3, 2008 |
53
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ORDER directing that the previous deadlines are suspended by the following deadlines: Defendants' Rule 26(a)(2)(A) and (B) disclosures due by 02/14/08; Discovery completed by 03/03/08 and
all depositions completed by 04/16/08; All Dispositive Motions except those filed under Rule 12(b) due by 04/21/08, with responses due by 05/05/08, and replies due by 05/12/08. Signed by
Judge John T. Copenhaver, Jr. on 1/3/2008. (cc: attys) (mkw)
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| January 15, 2008 |
54
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MOTION by Cafe Press.Com, Inc. for Status Conference (Tinney, John) (Modified for clarity on 1/16/2008) (skh).
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| January 18, 2008 |
55
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CERTIFICATE OF SERVICE filed by Erik Curran for Certificate of Service for Plaintiff's First Set of Interrogatories and Request For Production of Documents to Defendant Amazon.Com;
Plaintiff's First Set of Interrogatories and Request for Production to Defendant St. Martin's Press, LLC; Plaintiff's First Set of Interrogatories and Request for Production of Documents
to Defendant Getty Images, Inc.,; and Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant CafePress.Com, Inc. (Love, Charles)
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| January 22, 2008 |
56
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MOTION by Hot Toys, Ltd. to Dismiss (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C)(Schulz, Mychal)
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| January 22, 2008 |
57
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MEMORANDUM by Hot Toys, Ltd. in support of 56 MOTION by Hot Toys, Ltd. to Dismiss
(Schulz, Mychal)
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| January 22, 2008 |
58
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DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Hot Toys, Ltd. (Schulz, Mychal)
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| January 22, 2008 |
59
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STATEMENT OF VISITING ATTORNEY from Hannah Resnick on behalf of Hot Toys, Ltd.. Local counsel: Mychal S. Schulz. Fee $50.00. Receipt # 04250000000000655623. (Schulz, Mychal)
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| January 22, 2008 |
60
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STATEMENT OF VISITING ATTORNEY from Marc S. Reiner on behalf of Hot Toys, Ltd.. Local counsel: Mychal S. Schulz. Fee $50.00. Receipt # 04250000000000655643. (Schulz, Mychal)
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| January 29, 2008 |
61
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CERTIFICATE OF SERVICE filed by Erik Curran for Plaintiff's First Set of Interrogatories and Request for Production of Document to Defendant Hot Toys, Ltd. (Love, Charles)
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| February 6, 2008 |
62
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NOTICE TO TAKE DEPOSITION by St. Martin's Press, LLC, Amazon.com, Inc. of Eric Curran on Februry 22, 2008 at 9:00 a.m. (Barnette, David)
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| February 6, 2008 |
63
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RESPONSE by Erik Curran in opposition of 56 MOTION by Hot Toys, Ltd. to Dismiss,
57 Memorandum In Support (Attachments: # 1 Exhibit(s) Exhibit A, Amended Complaint, # 2 Exhibit(s) Exhibit B, part
1, # 3 Exhibit(s) Exhibit B, part 2)(Love, Charles)
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| February 11, 2008 |
64
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NOTICE TO TAKE DEPOSITION by St. Martin's Press, LLC, Amazon.com, Inc. of LTC Russell Crane on February 21, 2008 at 1:00 p.m. (Barnette, David)
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| February 11, 2008 |
65
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NOTICE TO TAKE DEPOSITION by St. Martin's Press, LLC, Amazon.com, Inc. of LTC Richard Smoot on February 21, 2008 at 9:00 a.m. (Barnette, David)
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| February 11, 2008 |
66
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STIPULATION EXTENDING TIME for Hot Toys, LTD to file a Reply in Support of its Motion to Dismiss to February 20, 2008 by Hot Toys, Ltd., Amazon.com, Inc., Cafe Press.com, Inc., Erik
Curran, Getty Images, Inc., Sideshow, Inc., St. Martin's Press, LLC (Pack, Ashley) (Modified for clarity and to add additional filers on 2/11/2008) (skh).
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