| 1 |
Filed: 8/2/2001, Entered: 8/3/2001 |
Complaint |
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COMPLAINT; demand for jury trial; exhibits a-g; (Summons(es) issued) (fe)
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| 2 |
Filed: 8/2/2001, Entered: 8/3/2001 |
Order |
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ORDER by Judge David A. Ezra rule 16 conference set for 9:00 11/19/01 before Mag Judge Leslie E. Kobayashi (fe)
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| 3 |
Filed: 8/2/2001, Entered: 8/3/2001, Terminated: 10/29/2001 |
Motion for Preliminary Injunction |
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NOTICE OF MOTION and motion by plaintiffs' for preliminary injunction ; memorandum in support of motion; declaration of Peter S. Deptula; exhibits 1-23; declaration of Joni B. Redick; exhibits 24-25; declaration of Dana Directo; exhibits 26-28; declaration of Martin Hsia; exhibits 29-30; declaration of Elise Owens Thorn; exhibit 31 - set for 9:00 9/14/01 before Judge Helen Gillmor (fe)
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| 4 |
Filed: 8/6/2001, Entered: 8/7/2001 |
Notice of Hearing |
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NOTICE of hearing : rule 16 conference set for 9:00 12/3/01 before Mag Judge Leslie E. Kobayashi (cc: all counsel) (fe)
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| 5 |
Filed: 8/22/2001, Entered: 8/23/2001 |
Notice of Hearing |
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FIRST AMENDED NOTICE by plaintiffs Surfvivor Media, Inc, Peter S. Deptula of hearing setting hearing on motion for preliminary injunction [3-1] 9:00 9/26/01 (HG) - on behalf of pltffs (eps)
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| 6 |
Filed: 8/23/2001, Entered: 8/23/2001 |
Service - Miscellaneous |
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RETURN OF SERVICE executed upon defendant CBS Worldwide Inc. on 8/8/01 thru Helen D'Antona (eps)
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| 7 |
Filed: 8/23/2001, Entered: 8/24/2001 |
Service - Miscellaneous |
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RETURN OF SERVICE executed upon defendant CBS, Inc. on 8/10/01 thru Helen D'Antona (eps)
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| 8 |
Filed: 8/24/2001, Entered: 8/24/2001 |
Service - Miscellaneous |
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RETURN OF SERVICE executed upon defendant CBS Broadcasting, In on 8/10/01 thru Helen D'Antona (eps)
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| 9 |
Filed: 8/24/2001, Entered: 8/24/2001 |
Service - Miscellaneous |
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RETURN OF SERVICE executed upon defendant Survivor Productions on 8/10/01 - thru Helen D'Antona (eps)
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| 10 |
Filed: 8/30/2001, Entered: 8/31/2001 |
Stipulation and Order |
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FIRST STIPULATION extending time for defendants to respond to complaint filed August 2, 2001 and ORDER by Mag Judge Leslie E. Kobayashi : extending time to answer to 9/7/01 , adding attorney John T. Komeiji, Patsy H. Kirio, Roger S. Simon (eps)
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| 11 |
Filed: 8/31/2001, Entered: 9/5/2001 |
Ex Parte Motion and order |
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APPLICATION for pro hac vice admission; declaration of John T. Komeiji; declaration of Andrew M. WHite; declaration of Michael J. O'Connor; declaration of David E. Fink; declaration of Holly J. Sadlon; declaration of Mary Catherine Woods and Order; certificate of service - by Mag Judge Leslie E. Kobayashi on behalf of defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. granting application for attorneys Andrew M. White, Michael J. O'Connor, David E. Fink, Holly J. Sadlon, Mary Catherine Woods to appear pro hac vice (eps)
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| 12 |
Filed: 9/7/2001, Entered: 9/10/2001 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. in opposition to plaintiffs' motion for preliminary injunction [3-1]; certificate of service (eps)
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| 13 |
Filed: 9/7/2001, Entered: 9/10/2001 |
Answer to Complaint |
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ANSWER by defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. to complaint [1-1]; certificate of service (eps)
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| 14 |
Filed: 9/7/2001, Entered: 9/10/2001 |
Description not available |
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DECLARATION of Matt Levi in opposition to plaintiffs' motion for preliminary injunction; exhibits a-e; declaration of Elise Busch Johnson in opposition to plaintffs' motion for preliminary injunction; exhibits f-k; declaration of Kehau Bushnell; declaration of Adriano Eliptico; declaration of Derek Koki; declaration of Nora Raven; declaration of R. Scott Simon in opposition to plaintiffs' motion for preliminary injunction; exhibits l-n; certificate of service - by defendant Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. [3-1] (eps)
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| 15 |
Filed: 9/7/2001, Entered: 9/10/2001 |
Description not available |
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DECLARATION of David E. Fink in opposition to plaintiffs' motion for preliminary injunction; exhibit a; certificate of service - by defendant Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. [3-1] (eps)
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| 16 |
Filed: 9/7/2001, Entered: 9/10/2001 |
Description not available |
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DECLARATION of Maryann Martin in opposition to plaintiffs' motion for preliminary injunction; certificate of service - by defendant Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. [3-1] (eps)
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| 17 |
Filed: 9/10/2001, Entered: 9/13/2001 |
Description not available |
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DECLARATION of Jeffrey C. Nemerovski by defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. in opposition to plaintiffs' motion for preliminary injunction [3-1]; exhibits a-c; certificate of service (eps)
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| 18 |
Filed: 9/10/2001, Entered: 9/13/2001 |
Description not available |
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DECLARATION of James R. McCann by defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. in opposition to plaintiffs' motion for preliminary injunction [3-1]; exhibits a-c; certificate of service (eps)
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| 19 |
Filed: 9/14/2001, Entered: 9/17/2001 |
Errata |
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NOTICE OF ERRATA by defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. to declaration of Maryann Martin lodged September 7, 2001 and filed September 10, 2001 [16-1], and errata to defendants' opposition to plaintiffs' motion for preliminary injunction filed September 7, 2001 [12-1]; declaration of R. Scott Simon; exhibits 1-2; certificate of service (eps)
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| 20 |
Filed: 9/17/2001, Entered: 9/17/2001 |
Memorandum in Support of Motion |
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REPLY MEMORANDUM by plaintiffs Surfvivor Media, Inc, Peter S. Deptula in support of motion for preliminary injunction [3-1] filed on August 2, 2001; declaration of Peter S. Deptula; exhibits a-g; declaration of Elise Ownes Thorn; exhibits 1-3 (eps)
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| 21 |
Filed: 9/17/2001, Entered: 9/17/2001 |
Exhibit |
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EXHIBIT G to declaration of Peter S. Deptula of September 17, 2001 on behalf of plaintiffs Surfvivor Media, Inc, Peter S. Deptula [20-1] (eps)
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| 22 |
Filed: 9/19/2001, Entered: 9/20/2001 |
Supplement |
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NOTICE OF SUBMISSION of original signature pages by defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. to original signature pages to (1) declaration of James R. McCann filed September 7, 2001; [18-1], (2) declaration of Jeffrey C. Nemerovski filed September 7, 2001 [17-1], and (3) declaration of Maryann Martin as corrected on September 14, 2001, originally filed September 7, 2001, in opposition to plaintiffs' motion for preliminary injunction filed September 7, 2001 [19-1]; exhibits 1-3; certificate of service (eps)
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| 23 |
Filed: 9/26/2001, Entered: 9/28/2001 |
Minutes - Miscellaneous |
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EP : PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION -Melvin Yonamine CST. ; Peter Deptula CST. ; Arguments made.; Exhibits received: 27 (Survivor Tee Shirt - The Australian Outback), 28 (Survivor Tee Shirt - The Australian Outback), 1 (Survivor Tee Shirt); 2 (Survivor Tee Shirt - The Australian Outback); Plaintiffs' MOTION FOR PRELIMINARY INJUNCTION is GRANTED in part and DENIED in Part. Defendants are enjoined from the sale of sunscreen with the Survivor logo in Hawaii except for the 96 tubs of sunscreen already sold to stores in Hawaii. Defendants waive the bond requirement. Plaintiffs shall prepare the proposed order. Plaintiffs shall serve Defendants' Attorney John T. Komeiji with a copy of the proposed order. By October 4, 2001, Plaintiffs shall submit the proposed order and Defendants shall file objections, if any, to the proposed order. Parties also agreed to an expedited trial date. Jury trial is set for February 20, 2002 @ 9:00 a.m. The Final Pretrial Conference before Judge Gillmor is set for February 8, 2002 @ 8:30 a.m. cc: Paul Maki, Esq.; John T. Komeiji, Esq.; Judge Gillmor's chambers; Mr. Warren Nakamura, Courtroom Deputy to the Honorable Leslie E. Kobayashi - [3-1] ; Jury Trial set for 9:00 2/20/02 ; Pretrial conference set for 8:30 2/8/02 before Judge Helen Gillmor ( Ct Rptr : Stephen Platt) JUDGE Judge Helen Gillmor (eps)
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| 24 |
Filed: 10/1/2001, Entered: 10/2/2001 |
Minutes - Miscellaneous |
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EO : status conference re trial deadlines set for 9:00 10/3/01 before Mag Judge Leslie E. Kobayashi ; parties notified ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| -- |
Filed: 10/3/2001, Entered: 10/4/2001 |
Transcript |
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ORIGINAL TRANSCRIPT filed ( Ct Rptr Stephen B. Platt) taken on 9/26/01 (eps)
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| 25 |
Filed: 10/3/2001, Entered: 10/4/2001 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 26 |
Filed: 10/3/2001, Entered: 10/4/2001 |
Minutes - Miscellaneous |
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EP : Status Conference Re: Trial Deadlines held. 1. Jury trial on February 20, 2002 at 9:00.a.m. before HG 2. Final Pretrial Conference on January 22, 2002 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge Helen Gillmor on February 8, 2002 at 8:30a.m. 4. Final Pretrial Statement by January 15, 2002 5. File motions to Join/Add Parties/Amend Pleadings by November 2, 2001 6. File other Non-Dispositive Motions by November 21, 2001 7. File Dispositive Motions by N/A 8a. File Motions in Limine by January 29, 2002 8b. File opposition memo to a Motion in Limine by February 5, 2002 11a. Plaintiff's Expert Witness Disclosures by November 5, 2001 11b. Defendant's Expert Witness Disclosures by December 3, 2001 12. Discovery deadline January 7, 2002 13. Settlement Conference on call 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by February 5, 2002 21. File Final witness list by January 29, 2002 24. Exchange Exhibit and Demonstrative aids by January 22, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by January 29, 2002 26. File objections to the Exhibits by February 5, 2002 28a. File Deposition Excerpt Designations by January 29, 2002 28b. File Deposition Counter Designations and Objections by February 5, 2002 29. File Trial Brief by February 5, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: Status Conference set for 9:00 10/22/01, LEK. A copy of the Rule 16 Scheduling Order mailed to all parties status conference held 10/3/01 before Mag Judge Leslie E. Kobayashi , ; Jury Trial set for 9:00 2/20/02 ; Pretrial conference set for 8:30 2/8/02 before Judge Helen Gillmor , ; final pretrial conference set for 9:00 1/22/02 ; Discovery ddl set for 1/7/02 ; settlement/status conference set for 9:00 10/22/01 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : In Chambers No Record) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 27 |
Filed: 10/3/2001, Entered: 10/4/2001 |
Scheduling Order |
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Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (eps)
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| 28 |
Filed: 10/22/2001, Entered: 10/23/2001 |
Minutes - Miscellaneous |
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EP : Status Conference held. David Fink participated by phone. Deadline to file Motion to Join/Add Parties/Amend Pleadings is extended to 11/21/01 ( In Chambers-No Record) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 29 |
Filed: 10/23/2001, Entered: 10/24/2001 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 30 |
Filed: 10/29/2001, Entered: 10/31/2001 |
Order |
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ORDER by Judge Helen Gillmor granting in part and denying in part plaintiffs' motion for preliminary injunction [3-1] - defts are enjoined pending the trial of this case from using the name Survivor in connection with the sale or offering for sale of sunscreen within the State of Hawaii; applying only to the sale or offering of sale of sunscreen w/in the Stae of Hawaii and sales on or through internet websites maintained by defts (cc: all counsel) (eps)
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| 31 |
Filed: 11/20/2001, Entered: 11/21/2001 |
Protective Order |
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STIPULATION AND PROTECTIVE ORDER for confidential information; exhibit a thereto by Mag Judge Leslie E. Kobayashi - on behalf defts (eps)
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| 32 |
Filed: 11/23/2001, Entered: 11/26/2001 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 33 |
Filed: 11/26/2001, Entered: 11/26/2001 |
Consent to Jurisdiction by US Magistrate Judge |
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Notice, consent and ORDER of reference; exercise of jurisdictiong by a United States Magistrate Judge - upon consent of parties this case transferred to Mag Judge Leslie E. Kobayashi for final disposition (cc: all counsel) (eps)
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| 34 |
Filed: 11/29/2001, Entered: 11/29/2001 |
Minutes - Miscellaneous |
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EO : status conference re: trial date and deadlines set for 9:30 11/30/01 before Mag Judge Leslie E. Kobayashi ; parties notified and will be participating by phone ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 35 |
Filed: 11/30/2001, Entered: 12/3/2001 |
Minutes - Miscellaneous |
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EP : Status Conference Re: Trial Date and Deadlines held. All parties participated by phone. New dates given. Amended Rule 16 Scheduling Order to be issued , 1. Jury trial on May 28, 2002 at 9:00.a.m. before LEK 2. Final Pretrial Conference on April 16, 2002 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by April 9, 2002 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by N/A 7. File Dispositive Motions by N/A 8a. File Motions in Limine by May 7, 2002 8b. File opposition memo to a Motion in Limine by May 14, 2002 11a. Plaintiff's Expert Witness Disclosures by N/A 11b. Defendant's Expert Witness Disclosures by January 3, 2002 12. Discovery deadline March 29, 2002 13. Settlement Conference set for on call before Mag Judge Barry M. Kurren 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by May 14, 2002 21. File Final witness list by May 7, 2002 24. Exchange Exhibit and Demonstrative aids by April 30, 2002 25. File Stipulations re: Authenticity/Admissibility of Proposed Exhibits by May 7, 2002 26. File objections to the Exhibits by May 14, 2002 28a. File Deposition Excerpt Designations by May 7, 2002 28b. File Deposition Counter Designations and Objections by May 14, 2002 29. File Trial Brief by May 14, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: A copy of the Amended Rule 16 Scheduling Order mailed to all parties. ; Jury Trial set for 9:00 5/28/02 ; final pretrial conference set for 9:00 4/16/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : in chambers no record) JUDGE Mag Judge E. Kobayashi (eps)
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| 36 |
Filed: 12/3/2001, Entered: 12/6/2001 |
Scheduling Order |
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Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (eps)
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| 37 |
Filed: 12/6/2001, Entered: 12/11/2001 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 38 |
Filed: 1/22/2002, Entered: 1/22/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 39 |
Filed: 1/22/2002, Entered: 1/22/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 40 |
Filed: 1/29/2002, Entered: 1/29/2002 |
Minutes - Miscellaneous |
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EO : Settlement Conference set for 02/20/2002 11:00:00 AM before Magistrate Judge Barry M. Kurren. cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (eps)
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| 41 |
Filed: 2/4/2002, Entered: 2/4/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 42 |
Filed: 2/4/2002, Entered: 2/4/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 43 |
Filed: 2/4/2002, Entered: 2/4/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 44 |
Filed: 2/6/2002, Entered: 2/6/2002 |
Ex Parte Motion and order |
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APPLICATION for admission pro hac vice of Carl R. Benedetti; declaration of John T. Komeiji; declaration of Carl R. Benedetti in support of application for admission pro hace vice and Order; certificate of service by Mag Judge Leslie E. Kobayashi on behalf of defendants Survivor Productions, CBS, Inc., CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. request for attorney Carl R. Benedetti to appear pro hac vice granted (eps)
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| 45 |
Filed: 2/6/2002, Entered: 2/6/2002 |
Stipulation and Order |
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STIPULATION and ORDER dismissing defendant CBS, Inc and modifying case caption by Mag Judge Leslie E. Kobayashi : terminating party CBS, Inc. (eps)
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| 46 |
Filed: 2/7/2002, Entered: 2/7/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 47 |
Filed: 2/7/2002, Entered: 2/7/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 48 |
Filed: 2/7/2002, Entered: 2/7/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 49 |
Filed: 2/7/2002, Entered: 2/7/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 50 |
Filed: 2/20/2002, Entered: 2/21/2002 |
Minutes - Miscellaneous |
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EP : settlement conference held ;No settlement at this time. Further conference on call. ( Ct Rptr : ) JUDGE Mag Judge Barry M. Kurren (eps)
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| 51 |
Filed: 2/27/2002, Entered: 2/28/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 52 |
Filed: 3/1/2002, Entered: 3/1/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 53 |
Filed: 3/1/2002, Entered: 3/1/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 54 |
Filed: 3/1/2002, Entered: 3/1/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 55 |
Filed: 3/1/2002, Entered: 3/1/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 56 |
Filed: 3/4/2002, Entered: 3/4/2002 |
Minutes - Miscellaneous |
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EO : This matter came before the Court by way of letter briefs submitted pursuant to Local Rule 37.1, and involves Plaintiffs Surfvivor Media, Inc., and Peter S. Deptula's ("Plaintiffs") request for discovery from Defendants Survivor Productions, LLC, et al. ("Defendants"). On January 24, 2002, the parties simultaneously submitted their letter briefs. This Court DENIES Plaintiffs' request. Rule 26 of the Federal Rules of Civil Procedure provides, in pertinent part, that "[p]arties may obtain discovery regarding any matter, not privileged, that is relevant to the claim or defense of any party, including . . . documents, or other tangible things." Fed. R. Civ. P. 26(b)(1). Plaintiffs submit that they should be "entitled to conduct discovery into the defendants' use and arrangements for use of the infringing mark on goods and services other than the identical type of goods upon which plaintiffs use their mark." (Pls.' Letter of 1/24/02, at 1.) Defendants disagree. The principal issue in either a trademark infringement or a Lanham Act claim centers upon likelihood of confusion. In determining the likelihood of confusion, the Ninth Circuit has held that the following factors should be considered: (1) the strength of the plaintiff's mark; (2) the proximity or relatedness of the parties' goods; (3) the similarity of the marks; (4) evidence of actual confusion; (5) the marketing channels used; (6) the likely degree of purchase care; (7) the defendant's intent in selecting the mark; and (8) the likelihood of expansion of product lines. See Accuride Int'l, Inc. v. Accuride Corp., 871 F.2d 1531, 1533-34 (9th Cir. 1989). As the type of product becomes "substantially different," then it becomes less likely to be "related" to the goods or services at issue. See Brookfield Communications, Inc. v. West Coast Entm't Corp., 174 F.3d 1036, 1056 (9th Cir. 1999) ("Related goods are generally more likely than unrelated goods to confuse the public as to the producers of the goods."); see, e.g., Toys "R" Us, Inc. v. Feinberg, 26 F. Supp. 2d 639, 643 (S.D.N.Y. 1998) (no likelihood of confusion between "gunsrus.com" firearms web site and "Toys 'R' Us" trademark), vacated on other grounds, 201 F.3d 432 (2d Cir. 1999). Here, the products for which Plaintiffs seek information are those other than "t-shirts, sun screen and lip balm." (Pls.' Letter of 1/24/02, at 2.) Defendants submit that their products include "video games, slot machines, and jigsaw puzzles, among a host of others . . . ." (Defs.' Letter of 1/24/02, at 3.) The Court finds that goods and services other than t-shirts, sun screen and lip balm are so different as to be more likely unrelated goods or services and, therefore, outside the scope of Fed. R. Civ. P. 26(b)(1). Plaintiffs' request is HEREBY DENIED. IT IS SO ORDERED. cc: Paul Maki and John T. Komeiji (via fax), All counsel (via mail) ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 57 |
Filed: 3/4/2002, Entered: 3/4/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 58 |
Filed: 3/11/2002, Entered: 3/12/2002, Terminated: 3/29/2002 |
Motion for Reconsideration |
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Motion by plaintiff Surfvivor Media, Inc, Peter S. Deptula for reconsideration of minute order of March 4, 2002 denying plaintiffs' request for order compelling discovery ; memorandum in support of motion; declaration of Faith Sereno Rex; exhibit 1; declaration of Paul Maki; exhibits a-i; certificate of service referred to Mag Judge Leslie E. Kobayashi - SEALED (eps) Modified on 03/12/2002
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| 59 |
Filed: 3/12/2002, Entered: 3/12/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 60 |
Filed: 3/12/2002, Entered: 3/12/2002 |
Certificate of Service |
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CERTIFICATE of service (eps)
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| 61 |
Filed: 3/18/2002, Entered: 3/18/2002 |
Certificate of Service |
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CERTIFICATE of service by plaintiff (eps)
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| 62 |
Filed: 3/18/2002, Entered: 3/18/2002 |
Stipulation and Order |
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FIRST STIPULATION extending time for defendants to file an opposition to plaintiffs' motion for reconsideration of minute order of March 4, 2002 denying plaintiffs' request for order compelling discovery filed March 11, 2002 and ORDER by Mag Judge Leslie E. Kobayashi : defts shall file & serve their response to the m/recon no later than 3/27/02 - on behalf of defts (eps)
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| 63 |
Filed: 3/20/2002, Entered: 3/21/2002 |
Minutes - Miscellaneous |
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EO : Pursuant to an Agreement between the parties, the Dispositive Motions Filing Deadline is reset. The new deadline is April 1, 2002 cc: all counsel ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 64 |
Filed: 3/27/2002, Entered: 3/28/2002 |
Memorandum in Opposition to Motion |
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MEMORANDUM by defendants Survivor Productions, CBS Broadcasting, In, and CBS Worldwide Inc. in opposition to plaintiffs' motion for reconsideration [58-1]; declaration of David E. Fink; exhibits a-c; declaration of R Scott Simon; exhibits d-e; certificate of service (fe)
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| 65 |
Filed: 3/29/2002, Entered: 4/1/2002 |
Memorandum in Support of Motion |
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Reply MEMORANDUM by plaintiff in support of motion for reconsideration of minute order of March 4, 2002 denying plaintiffs' request for order compelling discovery [58-1]; exhibit a; certificate of service (fe)
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| 66 |
Filed: 4/1/2002, Entered: 4/1/2002 |
Stipulation and Order |
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STIPULATION and ORDER by Mag Judge Leslie E. Kobayashi : shorten time for hearing of defendants' motion to continue trial and other dates (fe)
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| 67 |
Filed: 4/1/2002, Entered: 4/1/2002, Terminated: 4/10/2002 |
Motion to Continue |
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NOTICE OF MOTION and motion by defendants Survivor Productions, CBS Broadcasting, In and CBS Worldwide Inc., defendant WPC Brands, Inc. to continue trial and other dates ; memorandum in support of motion; declaration of R. Scott Simon; exhibits a (a)-(c) through 4; certificate of service - set for 10:30 4/12/02 before Mag Judge Leslie E. Kobayashi (fe)
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| 68 |
Filed: 4/2/2002, Entered: 4/2/2002, Terminated: 5/3/2002 |
Motion for Miscellaneous Relief |
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NOTICE OF MOTION and motion by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula to determine the sufficiency of defendants' answers and objections to plaintiffs' first requests for admissions ; memorandum in support of motion; declaration of Elise Owens Thorn; exhibits a-g; certificate of service - set for 10:00 5/3/02 before Mag Judge Leslie E. Kobayashi (eps)
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| 69 |
Filed: 4/3/2002, Entered: 4/3/2002 |
Memorandum in Opposition to Motion |
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MEMORANDUM by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula in opposition to motion to continue trial and other dates [67-1]; declaration of Paul Maki; exhibits a-c; certificate of service (eps)
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| 70 |
Filed: 4/5/2002, Entered: 4/8/2002 |
Minutes - Miscellaneous |
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EO : Defendants' Motion to Continue Trial and Other Dates set for April 12, 2002 is hereby moved up to April 10, 2002 @3:45 p.m. before Judge Kobayashi. All Counsel were in agreement to move this Motion up. Attorney John Komeiji notified all Counsel of this new hearing date. [67-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 71 |
Filed: 4/8/2002, Entered: 4/8/2002 |
Notice of Hearing |
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AMENDED NOTICE by defendant Survivor Productions, CBS Broadcasting, In, CBS Worldwide Inc., WPC Brands, Inc. of hearing of defendants motion to continue trial and other dates; certificate of service - setting hearing on motion to continue trial and other dates [67-1] 10:30 4/12/02 - on behalf of defts (eps)
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| 72 |
Filed: 4/9/2002, Entered: 4/10/2002 |
Miscellaneous Document |
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PRETRIAL STATEMENT; certificate of service - by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. (eps)
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| 73 |
Filed: 4/9/2002, Entered: 4/10/2002 |
Reply to Response to Motion |
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REPLY by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. memorandum in support of motion to to continue trial and other dates [67-1]; exhibit 5; certificate of service (eps)
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| 74 |
Filed: 4/9/2002, Entered: 4/10/2002 |
Miscellaneous Document |
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PRETRIAL STATEMENT; certificate of service by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula (eps)
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| 75 |
Filed: 4/10/2002, Entered: 4/11/2002 |
Minutes - Miscellaneous |
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EP : Defendants Survivor Productions L.L.C., CBS Broadcasting Inc. and CBS Worldwide Inc.'s Motion to Continue Trial and Other Dates - David Fink participated by phone. Arguments heard. Motion Granted. Komeiji to prepare Order. [67-1] ( Ct Rptr : FTR-CD 5-Courtroom 7) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 76 |
Filed: 4/10/2002, Entered: 4/11/2002 |
Minutes - Miscellaneous |
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EP :Status Conference Re: Trial Date and Deadlines held. New trial date and deadlines given. Amended Rule 16 Scheduling Order to be issued. 1. Jury trial on July 30, 2002 at 9:00.a.m. before LEK 2. Final Pretrial Conference on June 18, 2002 at 9:00a.m. before LEK 3. Final Pretrial Conference before District Judge N/A 4. Final Pretrial Statement by June 12, 2002 5. File motions to Join/Add Parties/Amend Pleadings by N/A 6. File other Non-Dispositive Motions by N/A 7. File Dispositive Motions by May 17, 2002 8a. File Motions in Limine by July 9, 2002 8b. File opposition memo to a Motion in Limine by July 16, 2002 11a. Plaintiff's Expert Witness Disclosures by N/A 11b. Defendant's Expert Witness Disclosures by N/A 12. Discovery deadline April 30, 2002 13. Further Settlement Conference on call before Magistrate Judge Barry M. Kurren 14. Settlement Conference statements by N/A 20. Submit Voir Dire Questions, Special Verdict Form, Concise Statement of Case and Jury Instructions by July 16, 2002 21. File Final witness list by July 9, 2002 24. Exchange Exhibit and Demonstrative aids by July 2, 2002 25. Stipulations re: Authenticity/Admissibility of Proposed Exhibits by July 9, 2002 26. File objections to the Exhibits by July 16, 2002 28a. File Deposition Excerpt Designations by July 9, 2002 28b. File Deposition Counter Designations and Objections by July 16, 2002 29. File Trial Brief by July 16, 2002 30. File Findings of Fact & Conclusions of Law by N/A Other Matters: Defendants' Motion for Summary Judgment set for 11:00 6/10/02, LEK. Memorandum in Opposition due 5/28/02. Reply Memorandum due 6/3/02. A copy of the Amended Rule 16 Scheduling Order mailed to all parties. ; Jury Trial set for 9:00 7/30/02 ; final pretrial conference set for 9:00 6/18/02 ; Discovery ddl set for 4/30/02 ; Motion filing ddl set for 5/17/02 before Mag Judge Leslie E. Kobayashi ( Ct Rptr : C7 no record) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 77 |
Filed: 4/11/2002, Entered: 4/11/2002 |
Certificate of Service |
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CERTIFICATE of service by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. (eps)
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| 78 |
Filed: 4/11/2002, Entered: 4/16/2002 |
Scheduling Order |
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Amended Rule 16 SCHEDULING ORDER Mag Judge Leslie E. Kobayashi (cc: all counsel) (eps)
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| 79 |
Filed: 4/15/2002, Entered: 4/16/2002 |
Memorandum in Opposition to Motion |
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OPPOSITION by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. plaintiffs' motion to determine the sufficiency of defendants' answers and objections to plaintiffs' first requests for admissions [68-1]; filed April 2, 2002; declaration of R. Scott Simon; exhibits a and b; certificate of service (eps)
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| 80 |
Filed: 4/15/2002, Entered: 4/16/2002 |
Order |
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ORDER by Mag Judge Leslie E. Kobayashi denying plaintiffs' motion for reconsideration of minute order of March 4, 2002, denying plaintiffs' request for order compelling discovery [58-1] (cc: all counsel) (eps)
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| 81 |
Filed: 4/22/2002, Entered: 4/23/2002 |
Memorandum in Support of Motion |
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Reply MEMORANDUM by plaintiffs in support of motion to determine the sufficiency of defendants' answers and objections to plaintiffs' first requests for admissions [68-1]; declaration of Elise Owens Thorn; exhibits 1 - 3; certificate of service (fe)
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| 82 |
Filed: 5/3/2002, Entered: 5/7/2002 |
Minutes - Miscellaneous |
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EP : Plaintiffs' Motion to Determine the Sufficiency of Defendants' Answers and Objections to Plaintiffs' First Request for Admissions-Oral Argument Held.The Court grants the Motion to the extent ordering the Parties to meet and confer. Court orders the Defendants to revise their responses to their requests in issue as indicated in the Discovery Conference. Parties to meet and confer no later than Seven (7) days from the date of this hearing. The responses from the Defendants to the Plaintiff no later than Fourteen (14) Days from the Date of this hearing. If additional time is needed Defendants may request time from Plaintiff's Counsel. If Parties cannot agree to extend contact Warren Nakamura, Courtroom Deputy Clerk. The Motion is denied as to all other issues. [68-1] ( Ct Rptr : FTR-CD 5-Courtroom 7) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 83 |
Filed: 5/15/2002, Entered: 5/15/2002 |
Ex Parte Motion and order |
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EX PARTE MOTION application to file separate concise statements of facts in excess of page limits; declaration of R. Scott Simon; and Order granting; certificate of service - by Mag Judge Leslie E. Kobayashi by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. (cc: all counsel) (eps)
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| 84 |
Filed: 5/17/2002, Entered: 5/17/2002, Terminated: 6/21/2002 |
Motion for Partial Summary Judgment |
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NOTICE OF MOTION and motion by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. for partial summary judgment re monetary damages, or in the alternative re: damages on t-shirt sales based on the doctrine of laches ; memorandum of points and authorities in support thereof - set for 11:00 6/10/02 before Mag Judge Leslie E. Kobayashi (eps)
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| 85 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Miscellaneous Document |
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SEPARATE AND CONCISE STATEMENT of facts by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. in support of motion for partial summary judgment re monetary damages, or in the alternative re: damages on t-shirt sales based on the doctrine of laches [84-1] (eps)
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| 86 |
Filed: 5/17/2002, Entered: 5/17/2002, Terminated: 6/21/2002 |
Motion for Summary Judgment |
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NOTICE OF MOTION and motion by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. for summary judgment ; memorandum of points and authorities in support thereof - set for 11:00 6/10/02 before Mag Judge Leslie E. Kobayashi (eps)
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| 87 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Miscellaneous Document |
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SEPARATE AND CONCISE STATEMENT of facts by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. in support of motion for summary judgment [86-1] (eps)
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| 88 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Description not available |
|
DECLARATION of R. Scott Simon regarding and attaching caselaw from electronic databases cited in support of defendants' dispositive motions; exhibits 1-7 by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. re [84-1], re [86-1] (eps)
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| 89 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Description not available |
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DECLARATION of Maryann Martin in support of motion for summary judgment by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. re [86-1] (eps)
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| 90 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Description not available |
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DECLARATION of David Jefferson in support of motion for summary judgment by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. re [86-1] (eps)
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| 91 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Description not available |
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DECLARATION of David E. Fink in support of defendants motions for summary judgment and for summary adjudication re damages by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. re [86-1], re [84-1] (eps)
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| 92 |
Filed: 5/17/2002, Entered: 5/17/2002 |
Certificate of Service |
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CERTIFICATE of service by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. (eps)
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| 93 |
Filed: 5/23/2002, Entered: 5/24/2002, Terminated: 10/4/2002 |
Motion to Strike |
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NOTICE OF MOTION and motion by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula to strike declaration of David Jefferson dated May 16, 2002 and report re t-shirt survey, and to preclude testimony by Jefferson, Dr. Seymour Lieberman, or other defense witness in accordance with that declaration and report ; declaration of Paul Maki; memorandum in support of motion; certificate of service - set for 11:00 6/10/02 before Mag Judge Leslie E. Kobayashi (eps) Modified on 02/21/2003
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| 94 |
Filed: 5/28/2002, Entered: 5/29/2002 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula in opposition to motion for summary judgment [86-1] filed on May 17, 2002; declaration of Peter S. Deptula; exhibits a-c; declaration of Elise Owens Thorn; exhibits 1-24; certificate of service - SEALED (eps)
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| 95 |
Filed: 5/28/2002, Entered: 5/29/2002 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula in opposition to defendants' motion for partial summary judgment re monetary damages, or in the alternative re: damages on t-shirt sales based on the doctrine of laches [84-1] filed on May 17, 2002; declaration of Dana Directo; exhibit a; declaration of Roger Tomlinson (FAX); declaration of Paul Maki; exhibits a-s; certificate of service - SEALED (eps) Modified on 05/29/2002
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| 96 |
Filed: 5/28/2002, Entered: 5/29/2002 |
Statement in Opposition to Motion |
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STATEMENT by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula in opposition to defendants' motion for partial summary judgment re monetary damages, or in the alternative re: damages on t-shirt sales based on the doctrine of laches [84-1]; certificate of service - SEALED (eps)
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| 97 |
Filed: 5/28/2002, Entered: 5/29/2002 |
Statement in Opposition to Motion |
|
STATEMENT by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula in opposition to defendants' motion for summary judgment [86-1] filed on May 17, 2002; certificate of service - SEALED (eps)
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| 98 |
Filed: 6/3/2002, Entered: 6/4/2002 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by defendants Survivor Productions, CBS Broadcasting, In, CBS Worldwide Inc. and WPC Brands, Inc. in opposition to motion to strike declaration of David Jefferson dated May 16, 2002 and re t-shirt survey, and to preclude testimony by Jefferson, Dr. Seymour Lieberman, or other defense witness in accordance with that declaration and report [93-1]; declaration of R. Scott Simon; exhibits a through 3; certificate of service (fe)
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| 99 |
Filed: 6/3/2002, Entered: 6/4/2002 |
Memorandum in Support of Motion |
|
Reply MEMORANDUM by defendants Survivor Productions, CBS Broadcasting, In, CBS Worldwide Inc. and WPC Brands, Inc. in support of motion for partial summary judgment re monetary damages, or in the alternative re: damages on t-shirt sales based on the doctrine of laches [84-1]; declaration of R. Scott Simon; exhibits 1 through 3 [SEALED] (fe)
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| 100 |
Filed: 6/3/2002, Entered: 6/4/2002 |
Certificate of Service |
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CERTIFICATE of service by defendant (fe)
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|
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| 101 |
Filed: 6/3/2002, Entered: 6/4/2002 |
Response/Reply - Miscellaneous |
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Evidentiary OBJECTIONS by defendants' to plaintiffs' separate concise statement of facts in support of their opposition to defendants' motion for summary judgment [97-1] [SEALED] (fe)
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| 102 |
Filed: 6/3/2002, Entered: 6/4/2002 |
Response/Reply - Miscellaneous |
|
Evidentiary OBJECTIONS by defendants' to plaintiffs' concise separate statement in support of their opposition to defendants' motion for partial summary judgment re: monetary damages, or in the alternative re: damages on 5-shirt sales based on the doctrine of laches [96-1] [SEALED] (fe)
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| 103 |
Filed: 6/3/2002, Entered: 6/4/2002 |
Memorandum in Support of Motion |
|
Reply MEMORANDUM by defendants Survivor Productions, CBS Broadcasting, In, CBS Worldwide Inc. and WPC Brands, Inc. in support of motion for summary judgment [86-1]; declaration of R. Scott Simon; exhibits 1 through 5 [SEALED] (fe)
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| 104 |
Filed: 6/5/2002, Entered: 6/6/2002 |
Description not available |
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NOTICE of submission of original DECLARATION of David E. Fink dated June 3, 2002; exhibit 1; certificate of service on behalf of defendants re [98-1] (eps)
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| 105 |
Filed: 6/5/2002, Entered: 6/6/2002 |
Errata |
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ERRATA to reply memorandum of defendants Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. in support of motion for summary judgment [103-1]; exhibit a; declaration of R. Scott Simon; exhibits 6 - 8; certificate of service - SEALED (eps) Modified on 06/06/2002
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| 106 |
Filed: 6/6/2002, Entered: 6/6/2002 |
Memorandum in Support of Motion |
|
REPLY MEMORANDUM by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. in support of motion to strike declaration of David Jefferson dated May 16, 2002 and report re t-shirt survey, and to preclude testimony by Jefferson, Dr. Seymour Lieberman, or other defense witness in accordance with that declaration and report [93-1]; exhibit a; declaration of Paul Maki; certificate of service (eps)
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| 107 |
Filed: 6/7/2002, Entered: 6/10/2002 |
Description not available |
|
Notice of submission of original DECLARATION by plaintiff of Roger Tomlinson re [95-1]; exhibit a; certificate of service (fe)
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| 108 |
Filed: 6/10/2002, Entered: 6/13/2002 |
Minutes - Miscellaneous |
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EP : Plaintiffs' Motion to Strike Declaration of David Jefferson Dated May 16, 2002, and Report Re: T-Shirt Survey, and to Preclude Testimony by Jefferson, Dr. Seymour Lieberman, or Other Defense Witness in Accordance with that Declaration and Report; Defendants' Motion for Partial Summary Judgment Re: Monetary Damages, or, in the Alternative Re: Damages on T-Shirt Sales Based on the Doctrine of Laches; Defendants' Motion for Summary Judgment - Arguments heard. Motions taken under Advisement [93-1]; [84-1]; [86-1] ( Ct Rptr : FTR CD6 C7) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 109 |
Filed: 6/12/2002, Entered: 6/13/2002 |
Miscellaneous Document |
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SUPPLEMENTAL PRETRIAL STATEMENT; certificate of service by plaintiff Surfvivor Media, Inc, plaintiff Peter S. Deptula (eps)
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| 110 |
Filed: 6/18/2002, Entered: 6/20/2002 |
Minutes - Miscellaneous |
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EP : Final Pretrial Conference held. David Fink and Andrew M. White participated by phone. Trial days: Plaintiff - 4 to 5 days, Defendants - 4 to 5 days; Witnesses: Plaintiff - 12 to 14, Defendants - 8 to 10; Exhibits: Plaintiff - 1 to 200, Defendants - 300 and 400 series. Motions in Limine set for 2:00 7/26/02, LEK. Prospective Jurors: 14 seated. 6 chosen plus 2 alternates. 3 peremptory challenges each. ( Ct Rptr : in chambers no record) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 111 |
Filed: 6/21/2002, Entered: 6/24/2002 |
Minutes - Miscellaneous |
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EO : The Court hereby informs the parties of its rulings on the following pending motions: 1) Defendants' Motion for Summary Judgment, filed May 17, 2002, is GRANTED; 2) Plaintiffs' Motion to Strike Declaration of David Jefferson Dated May 16, 2002, and Report Re T-Shirt Survey, and to Preclude Testimony by Jefferson, Dr. Seymour Lieberman, or other Defense Witness in Accordance with that Declaration and Report, filed May 23, 2002, is GRANTED; and 3) Defendants' Motion for Partial Summary Judgment Re: Monetary Damages, or in the Alternative Re: Damages on T-Shirt Sales Based on the Doctrine of Laches is rendered MOOT by the Court's ruling on Defendants' summary judgment motion. A written decision on the motions will be issued by the Court at a later date. The reserved hearing date for Motions in Limine of 2:00 7/26/02, LEK is Vacated. Jury Selection/Trial set for 9:00 7/30/02, LEK is Vacated. cc: all counsel via fax and hard copy [86-1] [93-1] [84-1] [84-1] ( Ct Rptr : ) JUDGE Mag Judge Leslie E. Kobayashi (eps)
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| 112 |
Filed: 9/17/2002, Entered: 9/17/2002 |
Order |
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WITHDRAWAL AND SUBSTITUTION OF COUNSEL for plaintiffs Surfvivor Media, Inc. and Peter S. Deptula by Mag Judge Leslie E. Kobayashi - Edmunds Maki Verga & Thorn withdraw as counsel for plaintiffs and PAUL MAKI, Esq. enters his appearance as counsel for plaintiffs Surfvivor Media, and Peter S. Deptula (afc)
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| 113 |
Filed: 9/20/2002, Entered: 9/23/2002 |
Certificate of Service |
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CERTIFICATE of service by plaintiffs (afc)
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| 114 |
Filed: 10/4/2002, Entered: 10/7/2002 |
Order |
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ORDER GRANTING plaintiffs' motion to strike declaration of David Jefferson dated May 16, 2002, and report re t-shirt survey, and to preclude testimony by Jefferson, Dr. Seymour Lieberman, or other defense witness in accordance with that declaration and report [93-1]; ORDER GRANTING defendants' motion for summary judgment [86-1]; ORDER DENYING as moot defendants' motion for partial summary judgment re monetary damages, or in the alternative re: damages on t-shirt sales based on the Doctrine of Laches [84-1] - [court grants defts' M/SJ as to all counts] (cc: all counsel) (afc)
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| 115 |
Filed: 10/8/2002, Entered: 10/8/2002 |
Judgment |
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JUDGMENT IN A CIVIL CASE by WALTER A.Y.H. CHINN, Clerk/A.F. Chang, Deputy Clerk - IT IS ORDERED AND ADJUDGED that pursuant to the Order issued and filed by U.S. Magistrate Judge Leslie E. Kobayashi on October 4, 2002 , Summary Judgment as to all counts is GRANTED in favor of defendant Survivor Productions L.L.C., defendant CBS Broadcasting, Inc.; defendant CBS Worldwide Inc.; and defendant WPC Brands, Inc., and against plaintiff Surfvivor Media, Inc. and plaintiff Peter S. Deptula. IT IS FURTHER ORDERED that pursuant to said Order, Defendants' Motion for Partial Summary Judgment re: Monetary Damages, or in the alternative, re: Damages on T-Shirt Sales based on the Doctrine of Laches is DENIED AS MOOT. terminating case (cc: all counsel) (afc)
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| -- |
Filed: 10/15/2002, Entered: 10/16/2002 |
USCA Appeal Fees |
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RECEIVED re [116-1] fee in amount of $ 105.00 (Receipt # 211687) (afc)
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| 116 |
Filed: 10/15/2002, Entered: 10/16/2002 |
Appeal - Miscellaneous |
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NOTICE OF APPEAL; representation statement - by plaintiffs from Dist. Court decision [114-1] (cc: all counsel) [9CCA number 02-17064] (afc) Modified on 10/28/2002
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| -- |
Filed: 10/16/2002, Entered: 10/16/2002 |
Notice of Appeal |
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NOTICE OF APPEAL and copy of docket sheet sent to 9th CCA [116-1] (cc: all counsel) (afc)
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| 117 |
Filed: 10/21/2002, Entered: 10/22/2002 |
Stipulation and Order |
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FIRST STIPULATION to enlargement of time for defendants to file a motion for attorneys' fees and related non-taxable costs by Mag Judge Leslie E. Kobayashi - submitted by defendants - [defts' M/attorneys fees etc filed and served no later than 11/05/02; further agreed that defts to submit their Bill of Costs at that time] (afc)
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| 118 |
Filed: 10/28/2002, Entered: 10/28/2002 |
USCA Notice of Docketing Record on Appeal |
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APPEAL number 02-17064 received from 9CCA regarding [116-1] (afc)
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| 119 |
Filed: 11/4/2002, Entered: 11/5/2002 |
Designation of Record on Appeal |
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NOTICE of designation of additional transcripts needed pursuant to Ninth Circuit 10-3.1(b) and certificate of service - filed by defendants [for date of 06-10-02 hearing before LEK] [116-1] (afc)
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| 120 |
Filed: 11/5/2002, Entered: 11/6/2002, Terminated: 2/14/2003 |
Motion for Attorney Fees |
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NOTICE OF MOTION and motion by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. for attorney fees and costs pursuant to judgment entered on October 8, 2002 ; memorandum in support of motion; affidavit of R. Scott Simon; exhibits a-d - set for 10:00 12/20/02 before Mag Judge Leslie E. Kobayashi (eps) Modified on 07/28/2003
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| 121 |
Filed: 11/5/2002, Entered: 11/6/2002 |
Description not available |
|
BILL OF COSTS submitted by defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. re [115-2] (eps) Modified on 02/18/2003
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| 122 |
Filed: 11/5/2002, Entered: 11/7/2002 |
Certificate of Service |
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CERTIFICATE of service by defendants (afc)
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| -- |
Filed: 11/12/2002, Entered: 11/12/2002, Terminated: 2/14/2003 |
Costs Taxed |
|
COSTS taxed for defendant Survivor Productions, defendant CBS Broadcasting, In, defendant CBS Worldwide Inc., defendant WPC Brands, Inc. in the amount of $103,069.56 against plaintiff Surfvivor Media, Inc [NOTE: On 02/15/03 Mag Judge Leslie E. Kobayashi issued an order striking the costs taxed and ordered that costs be taxed against plaintiffs in the revised amount of $10,604.44; REFER TO ORDER - Doc. 140] (afc) Modified on 02/18/2003
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| 123 |
Filed: 11/13/2002, Entered: 11/14/2002 |
Designation of Record on Appeal |
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TRANSCRIPT DESIGNATION and Ordering Form for dates: 06/10/02 [116-1] (afc)
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| 124 |
Filed: 11/13/2002, Entered: 11/14/2002 |
Stipulation and Order |
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|
STIPULATION and ORDER by Mag Judge Leslie E. Kobayashi regarding defendants' bill of costs - filed by plaintiffs [time within which pltfs have to object to the bill of costs (filed 11-05-02) is extended through and including 12-02-02; issue of costs to be assessed against plaintiffs, and in favor of defts, if any, shall be determined concurrently with the Court's consideration of defts' motion for assessment of fees and costs (motion scheduled for hearing 12-20-02)] (afc)
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| 125 |
Filed: 12/2/2002, Entered: 12/4/2002 |
Response/Reply - Miscellaneous |
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OBJECTION by plaintiffs to defendants' Bill of Costs [121-1]; tabs 1 to 3, 5 to 6 - referred to Mag Judge Leslie E. Kobayashi (afc)
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| 126 |
Filed: 12/2/2002, Entered: 12/4/2002 |
Memorandum in Opposition to Motion |
|
MEMORANDUM by plaintiffs in opposition to defendants' motion for fees and costs (filed 11-05-02) [120-1]; declaration of Paul Maki; exhibits A to F (afc)
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| 127 |
Filed: 12/6/2002, Entered: 12/9/2002 |
Minutes - Miscellaneous |
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|
EO: The Court, having reviewed Defendants' Motion for Attorneys' Fees and Costs Pursuant to Judgment Entered on October 8, 2002, filed November 5, 2002, hereby informs the parties of its inclination to deny the motion based on Defendants' failure to show that this is an "exceptional" case as required under 15 U.S.C. 1117(a), which states "[t]he court in exceptional cases may award reasonable attorney fees to the prevailing party." See also Cairns v. Franklin Mint Co., 292 F.3d 1139, 1156 (9th Cir. 2002) ("We have held that [the "exceptional case"] requirement is met when the case is either groundless, unreasonable, vexatious, or pursued in bad faith.") (internal quotation marks and citation omitted) (emphasis in original). The parties should appear at the December 20, 2002 hearing prepared to discuss the issue and/or to direct the Court to controlling case law that either supports or contradicts this matter. The Court notes, this inclination is intended only to help the parties prepare for oral argument and is not the Court's final decision in the matter. Rather, the parties are encouraged to raise relevant case law and/or facts to show the Court why its inclination is mistaken or correct. Further, the Court notes that while amended LR 54.3 did not become effective until December 1, 2002, the Court will take all of the requirements enumerated under the rule into consideration in determining any award of fees. Based on the papers submitted, the Court would not be able to conclude the reasonableness of the hourly rates sought or of the work performed. If Defendants wish to submit supplemental memorandum in compliance with LR 54.3, such document must be submitted no later than December 20, 2002. Plaintiff may submit a supplemental opposition by no later than January 3, 2003. No supplemental reply will be permitted. Hearing in this matter, now set for December 20, 2002, is hereby continued to Friday, January 24, 2003, at 9:30 a.m. cc: all counsel [120-1] () JUDGE Mag Judge Leslie E. Kobayashi (afc)
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| 128 |
Filed: 12/13/2002, Entered: 12/16/2002 |
Exhibit |
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EXHIBIT "M" to declaration of R. Scott Simon in Opposition to plaintiffs' motion for preliminary injunction - on behalf of defendants [3-1][14-1] (exhibit M = One (1) empty tube of CBS Survivor Sunscreen) (afc)
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| 129 |
Filed: 12/13/2002, Entered: 12/16/2002 |
Exhibit |
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EXHIBIT "N" to declaration of R. Scott Simon in opposition to plaintiffs' motion for preliminary injunction - on behalf of defendants [14-1], [3-1] (exhibit N: One (1) empty tube of Surfvivor Media Sunscreen) (afc)
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| 130 |
Filed: 12/13/2002, Entered: 12/16/2002 |
Exhibit |
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Defendants' HEARING EXHIBIT "1" re: plaintiffs' M/PI [3-1] (hearing exhibit 1: One (1) Size L Teal CBS Survivor T-Shirt, "Woodcarved" Design, referenced at page 56 of the Transcript of Proceedings) (afc)
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| 131 |
Filed: 12/13/2002, Entered: 12/16/2002 |
Exhibit |
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Defendants' HEARING EXHIBIT "2" re: plaintiffs' M/PI [3-1] (hearing exhibit 2: One (1) Size XL Gray CBS Survivor T-Shirt, Australian Outback Theme; referenced at page 56 of the Transcript of Proceedings) (afc)
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| 132 |
Filed: 12/13/2002, Entered: 12/16/2002 |
Exhibit |
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Defendants' EXHIBIT "27" to plaintiffs' M/PI [3-1] (exhibit 27: One (1) XXL Olive CBS Survivor T-Shirt, Australian Outback Theme; referenced at page 56 of the Transcript of Proceedings) (afc)
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| 133 |
Filed: 12/13/2002, Entered: 12/16/2002 |
Exhibit |
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Defendants' EXHIBIT "28" to plaintiffs' M/PI [3-1] (exhibit 28: One (1) XXL White CBS Survivor T-Shirt, Australian Outback Theme; referenced at page 56 of the Transcript of Proceedings) (afc)
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| -- |
Filed: 12/16/2002, Entered: 12/17/2002 |
Transcript |
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TRANSCRIPT of Proceedings - 06-10-02 - ORIG - (Paige Matsuda/Carnazzo Court Reporting Company) - pp 96 (afc)
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| 134 |
Filed: 12/20/2002, Entered: 12/23/2002 |
Reply to Response to Motion |
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REPLY MEMORANDUM by defendants in support of defendants' motion for fees and costs; affidavit of R. Scott Simon; exhibits E-G; certificate of service [120-1] (afc)
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| 135 |
Filed: 12/20/2002, Entered: 12/23/2002 |
Response/Reply - Miscellaneous |
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RESPONSE by defendants to plaintiffs' objections to defendants' bill of costs, filed on 12/02/02; declaration of R. Scott Simon; exhibits 1-3; certificate of service [125-1][121-1] (afc)
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| 136 |
Filed: 12/26/2002, Entered: 12/26/2002 |
Designation of Record on Appeal |
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CERTIFICATE of Record Transmitted to 9th CCA (cc: all counsel) (afc)
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| 137 |
Filed: 1/2/2003, Entered: 1/3/2003 |
Affidavit |
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AFFIDAVIT of Andrew M. White; certificate of service [re: defendants' motion for fees and costs [120-1] (afc)
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| 138 |
Filed: 1/6/2003, Entered: 1/7/2003 |
Affidavit |
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SUPPLEMENTAL AFFIDAVIT of Andrew M. White, dated January 3, 2003; certificate of service {re defts' M/fees & costs [120-1]} (afc)
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| 139 |
Filed: 1/24/2003, Entered: 1/24/2003 |
Minutes - Miscellaneous |
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EP: Defendants' Motion for Attorneys' Fees and Costs - David Fink participated by phone. Arguments heard. Motion taken under Advisement. Court to issue Order. [120-1] (Ct Rptr: FTR-Courtroom 7 - CD 13; TIME: 9:40 - 10:00) JUDGE Mag Judge Leslie E. Kobayashi (afc)
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| -- |
Filed: 2/14/2003, Entered: 2/18/2003 |
Costs Taxed |
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Pursuant to 02-14-03 Order issued by Mag Judge Leslie E. Kobayashi, COSTS taxed against plaintiffs in the revised amount of $10,604.44; court reserves ruling on the issues of allowable deposition costs and service fees, pending further briefing from the parties...(refer to order) (afc)
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| 140 |
Filed: 2/14/2003, Entered: 2/18/2003 |
Order |
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ORDER DENYING defendants' motion for attorney fees' and costs; ORDER STRIKING costs taxed pursuant to defendants' Bill of Costs, filed December 2, 2002 [120-1][121-1][125-1] BY Mag Judge Leslie E. Kobayashi - [Court denies defts' M/attys fees & costs purs to judgment entered 10/08/02; Court STRIKES the costs taxed pursuant to defts' Bill of Costs on 11/12/02, and ORDERS that costs be taxed against pltfs' in the revised amount of $10,604.44. The Court reserves ruling on the issues of allowable deposition costs and service fees, pending further briefing from the parties as directed herein.] (cc: all counsel) (afc)
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| 141 |
Filed: 2/28/2003, Entered: 3/3/2003 |
Miscellaneous Document |
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SUPPLEMENTAL BRIEFING by defendants regarding allowable deposition costs and witness service fees; exhibits 1-45; certificate of service [140-1] (afc)
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| 142 |
Filed: 3/3/2003, Entered: 3/3/2003 |
Description not available |
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DECLARATION of R. Scott Simon in support of defendants' supplemental briefing regarding allowable deposition costs and witness service fees; certificate of service - on behalf of defendants [141-1] (afc)
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| 143 |
Filed: 3/10/2003, Entered: 3/11/2003 |
Supplement |
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Plaintiffs' SUPPLEMENTAL MEMORANDUM re allowable deposition costs and service fees; declaration of Paul Maki [120-1] (afc)
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| 144 |
Filed: 4/18/2003, Entered: 4/18/2003 |
Order |
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SUPPLEMENTAL ORDER regarding costs taxed pursuant to defendants' Bill of Costs filed December 2, 2002 by Mag Judge Leslie E. Kobayashi - [court orders that the revised cost amount of $10,604.44, taxed pursuant to court's 2/14/03 order, be AMENDED to include additional taxable costs of $7,288.34.; accordingly COSTS TAXED AGAINST PLAINTIFFS and IN FAVOR OF DEFENDANTS in the TOTAL AMENDED COST AMOUNT OF $17,892.78. [140-1] [140-2] [121-1] (cc: all counsel) (afc) Modified on 04/29/2003
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| 145 |
Filed: 3/1/2004, Entered: 3/1/2004 |
Appeal Record Sent to USCA |
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Original Record transmitted to Clerk, 9CCA - 13 volumes original clerk's files & certified copy of docket sheet (afc)
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| 146 |
Filed: 3/31/2004, Entered: 3/31/2004 |
Appeal Record Sent to USCA |
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SUPPLEMENT - additional records transmitted to Clerk, 9CCA: 12 Sealed docs (docket no's 58, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 105; 2 volumers reporter's transcripts: 9/26/01, 06/10/02; 5 exhibits to documents: #128 - exhibit M; 129, exhibit N; 131, exhibit 2; 132, exhibit 27; 133, exhibit 28 (13 volumes of clerk's files were previously shipped via FedEx on 03-01-04) (afc)
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| 147 |
Filed: 4/14/2005, Entered: 4/15/2005 |
Appeal Record Returned |
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APPEAL Record returned to District Court by 9CCA regarding [116-1] Vol Clerk's File:13; Vol RT: 2; Vol Sealed Documents: 12; 5 exhibits to documents (afc)
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| 148 |
Filed: 6/22/2005, Entered: 6/23/2005 |
USCA Judgment |
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JUDGMENT; OPINION - 9TH CCA affirming the decision of the District Court [116-1] - by Circuit Judges' Jerome Farris, John T. Noonan, and Johnnie B. Rawlinson; Opinion by Judge Rawlinson (cc: all counsel, LEK, CRM Warren) (afc)
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