Amazon.com Inc v. Horner
Federal Civil Lawsuit Arizona District Court, Case No. 2:04-cv-00309-NVW
District Judge Neil V. Wake, presiding

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Amazon.com, Inc. Amazon.com, Inc., Plaintiff
Unknown Role, Drugstore.com, Inc.
Unknown Role, Audible, Inc.

Toggle Switch Represented by Fulbright & Jaworski, LLP

Name Phone Fax E-Mail
Space John C Rawls +1 213 892 9200 jrawls@fulbright.com
Space Sarah Anne Silbert +1 213 892 9288 +1 213 892 9494 ssilbert@fulbright.com

Toggle Switch Represented by Lewis Roca Rothgerber LLP

Name Phone Fax E-Mail
Space Randall Papetti +1 602 262 5337 +1 602 734 3865 rpapetti@lrlaw.com
v.
No Logo Paul S Horner, Defendant
Office Phoenix Division
Filed 2/11/2004
Jury Demand Plaintiff
Demand $0
Nature of Suit 840 - Property Rights: Trademark
Cause Section 15 U.S.C. § 1121 Trademark Infringement
Jurisdiction Federal Question
Disposition Judgment - Judgment on Default
County XX US, Outside State
Terminated 10/8/2004
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags STD, TERMED
  Entries (36) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 33 Filed: 10/18/2004, Entered: 10/21/2004 Mail Returned
RETURNED MAIL addressed to: Paul S. Horner re to dismiss case [30-1], judgment (default) [30-2] (NOTE: Return to Sender, Moved Left No Address) (KMG)
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    Blank 32 Filed: 10/18/2004, Entered: 10/21/2004 Mail Returned
    RETURNED MAIL addressed to: Paul S. Horner re order filed [31-1] (NOTE: Return to Sender, Moved Left No Address) (KMG)
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      Blank 31 Filed: 10/8/2004, Entered: 10/8/2004 OrderCourt Filing
      ORDER by Judge Neil V. Wake [30-1] the Court has entered a Default Judgment this day in the form submitted by pla, except that the Court has declined to award statutory damages pursuant to 15 U.S.C. 1117(d) because at the sanctions hearing of 7/23/04, pla waived actual damages and submitted any claim of statutory damages to the discretion of the Court. Pla further noted that sanctions less then entry of default would be ineffective because of dft's inability to pay. (cc: all counsel) (KMG)
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        Blank 30 Filed: 10/8/2004, Entered: 10/8/2004 Default -JudgmentCourt Filing
        DEFAULT JUDGMENT entered by Judge Neil V. Wake judgment is entered in favor of pla Amazon.com and against dft Horner on pla's complaint, each claim for relief contained within. Pursuant to said judgment, dft Horner and all of his agents, servants, employees, attorneys and persons in active concert or participation with them are hereby permanently enjoined from a) Stating or implying that Amazon.com is in any affiliated with dft or his business, including his Web site at the URL amazononline.net, or approves or endorses dft or his products, services or commercial activities... Pursuant to 15 U.S.C. 1125(d), dft is ordered immediately to transfer, to cause the relevant domain name registrar to transfer, and to cooperate in the transfer by the relevant domain name registrar, to pla Amazon.com registration and control of the amazononline.net domain name... [25-1] to dismiss case (cc: all counsel) (KMG)
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          Blank 29 Filed: 9/2/2004, Entered: 9/2/2004 OrderCourt Filing
          ORDER by Judge Neil V. Wake that dft Paul S. Horner may have until 9/20/04, within which to file any written opposition to pla's Application (doc.#25) and to request a hearing on the Application. If Dft submits a written opposition but does not request a hearing, the Court will thereafter rule on the Application without a hearing. If dft requests a hearing, the Court will set one in due course. (cc: all counsel) (KMG)
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            Blank 28 Filed: 8/30/2004, Entered: 9/2/2004 Declaration
            DECLARATION of Kuyper Hoffman in Support of Motion (Application) for Default Judgment against Paul S Horner to include a permanent injunction and statutory damages of up to per infringing domain name by pla Amazon.com Inc [25-1] [25-1] by pla Amazon.com Inc (KMG)
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              Blank 27 Filed: 8/30/2004, Entered: 9/2/2004 Declaration
              DECLARATION of John C Rawls in Support of Motion (Application) for Default Judgment against Paul S Horner to include a permanent injunction and statutory damages of up to per infringing domain name by pla Amazon.com Inc [25-1] [25-1] by pla Amazon.com Inc (KMG)
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                Blank 26 Filed: 8/30/2004, Entered: 9/2/2004 Declaration
                DECLARATION of Charmaine Velasco in Support of Motion (Application) for Default Judgment against Paul S Horner to include a permanent injunction and statutory damages of up to per infringing domain name by pla Amazon.com Inc [25-1] [25-1] by pla Amazon.com Inc (KMG)
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                  Blank 25 Filed: 8/30/2004, Entered: 9/2/2004 Motion for Default Judgment
                  MOTION (Application) for Default Judgment against Paul S Horner to include a permanent injunction and statutory damages of up to $100,000 per infringing domain name by pla Amazon.com Inc [25-1] (KMG)
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                    Blank 24 Filed: 7/27/2004, Entered: 7/27/2004 Clerks Entry of Default*
                    DEFAULT ENTERED: Default is hereby entered against Defendant Paul S. Horner as sanctions under Rules 16(f) and 37(b)(2)C), Federal Rules of Civil Procedure and that Plaintiff's relief on default shall not include actual damages. (cc: all counsel) (KMG)
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                      Blank 23 Filed: 7/27/2004, Entered: 7/27/2004 OrderCourt Filing
                      ORDER by Judge Neil V. Wake that dft's Answer (doc.#3) is stricken and that dft's default is entered as sanctions under Rules 16(f) and 37(b)(2)(C), Fed.R.Civ.P., and that pla's relief on default shall not include actual damages. FURTHER ORDERED that pla shall submit an application for default judgment by 8/30/04. (cc: all counsel) (KMG)
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                        Blank 22 Filed: 7/23/2004, Entered: 7/26/2004 Notice of Change of Address
                        NOTICE by dft Paul S Horner of change of address: 8114 E. Mitchell Dr., Scottsdale, AZ 85251 (no phone number provided.) (KMG)
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                          Blank 21 Filed: 7/23/2004, Entered: 7/23/2004 Minutes-MiscellaneousCourt Filing
                          MINUTE ENTRY before Judge Neil V. Wake. Crt Rptr: Laurie Adams. This is the time for Order to Show Cause Hearing. John Rawls and Randall Papetti are present for Plaintiff. Defendant Paul Horner is present on his own behalf. Argument is presented to the Court. The Court will take the issue of possible sanctions against Defendant under advisement and issue its ruling at a later date. [cc: NVW] [21-2] (SJF)
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                            Blank 20 Filed: 7/19/2004, Entered: 7/20/2004 Mail Returned
                            RETURNED MAIL addressed to: Paul S. Horner re Minute entry at docket #9 (NOTE: Returned to Sender Not Deliverable As Addressed) (KMG)
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                              Blank 19 Filed: 7/9/2004, Entered: 7/12/2004 Mail Returned
                              RETURNED MAIL addressed to: Paul S. Horner (Note: at Docket 13 the Court Ordered the pla be served at two addresses the address indicated as 3131 N 70th St., Scottdale, AZ has been Retuned to Sender - Not Deliverable As Addressed) (KMG)
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                                Blank 18 Filed: 7/7/2004, Entered: 7/7/2004 OrderCourt Filing
                                ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to John C. Rawls, atty for pla Amazon.com Inc [15-1] (cc: all counsel) (KMG)
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                                  Blank 17 Filed: 7/7/2004, Entered: 7/7/2004 OrderCourt Filing
                                  ORDER by Judge Neil V. Wake granting motion for admission pro hac vice as to Sarah A. Silbert, atty for pla Amazon.com Inc [14-1] (cc: all counsel) (KMG)
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                                    Blank -- Filed: 7/7/2004, Entered: 7/7/2004 Pro Hac Vice Fee Paid
                                    Pro Hac Vice $25 Fee Paid as to Sarah A Silbert (BAS)
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                                      Blank -- Filed: 7/7/2004, Entered: 7/7/2004 Pro Hac Vice Fee Paid
                                      Pro Hac Vice $25 Fee Paid as to John Carlile Rawls (BAS)
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                                        Blank 16 Filed: 7/2/2004, Entered: 7/6/2004 Response
                                        RESPONSE (entitled "Dft's Explanation that a judgment or other sanctions should not be entered against him") by dft Paul S Horner to ; show cause order filed [13] (KMG)
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                                          Blank 13 Filed: 7/2/2004, Entered: 7/2/2004 OrderCourt Filing
                                          ORDER by Judge Neil V. Wake upon consideration of plaintiff Amazon.com Inc's Motion for Order Directing Defendant to Show Cause Why Default or Other Sanctions Should Not Be Entered Against Him [12-1], IT IS ORDERED granting Amazon.com's Motion; FURTHER ORDERED that defendant Paul S Horner show cause before this Court on 7/23/04 at 2:00 p.m. why a default or other sanctions should not be entered against him pursuant to Rule 16(f) of the Federal Rules of Civil Procedure by reason of Horner's failure to comply with the Court's Order Setting Rule 16 Scheduling Conference dated 4/7/04 and failure to appear at the 6/18/04 Rule 16 Pretrial Scheduling Conference ; show cause hearing set for 2:00 7/23/04 ; FURTHER ORDERED that, if Horner wishes to oppose the entry of sanctions, he shall file with the Court and serve upon counsel for Amazon.com a written response to this Order to Show Cause within ten calendar days after the date of this Order; FINALLY ORDERED that the Clerk of the Court shall serve a copy of this Order on Horner at each of the following two addresses; 3131 N 70th Street, Scottsdale, AZ 85251 and 7150 E Camelback Road, Suite 310 (Office for Fieldstone Mortgage), Scottsdale, AZ 85251 (cc: all counsel/envelope for 3131 N 70th Street, Scottsdale, AZ 85251) (SAT)
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                                            Blank 15 Filed: 7/1/2004, Entered: 7/6/2004, Terminated: 7/7/2004 Motion for Admission Pro Hac Vice
                                            MOTION for admission pro hac vice as to John C. Rawls, atty for pla Amazon.com Inc [15-1] (KMG)
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                                              Blank 14 Filed: 7/1/2004, Entered: 7/6/2004, Terminated: 7/7/2004 Motion for Admission Pro Hac Vice
                                              MOTION for admission pro hac vice as to Sarah A. Silbert, atty for pla Amazon.com Inc [14-1] (KMG)
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                                                Blank 10 Filed: 6/24/2004, Entered: 6/24/2004 Scheduling OrderCourt Filing
                                                RULE 16 SCHEDULING ORDER by Judge Frederick J. Martone The court enters the following deadlines: discovery ddl set for 12/20/04; dispositive motions due 1/20/05; Joint Proposed Pretrial Order ddl set for 5/20/05; Final conference set for 3:00 pm on 5/27/05; jury trial set for 9:00 am on 6/14/05 (4 days). (cc: all counsel) (KMG)
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                                                  Blank 12 Filed: 6/23/2004, Entered: 6/25/2004 Motion for Miscellaneous Relief
                                                  MOTION for Order Directing dft to Show Cause Why Default or Other Sanctions Should Not Be Entered Against Him by pla Amazon.com Inc [12-1] (KMG)
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                                                    Blank 11 Filed: 6/23/2004, Entered: 6/25/2004 Other Notice
                                                    NOTICE by dft Paul S Horner of unable to pursue this matter due to lack of funds. Factural evidence for this case presented. (KMG)
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                                                      Blank 9 Filed: 6/18/2004, Entered: 6/22/2004 Minutes-MiscellaneousCourt Filing
                                                      MINUTE ENTRY before Judge Frederick J. Martone. Crt Rptr: Linda Schroeder-Willis. Appearances (all telephonic): Sarah Silbert, John Rawls and Lawrence Kasten for plaintiff; defendant is neither present nor represented by counsel. Court and counsel discuss defendant's failure to appear and failure to participate in the joint case management plan. Upon request of plaintiff, the court will issue an order requiring the defendant to explain his non-appearance and non-participation. Plaintiffs will submit a proposed order with specific reference to the defendant's non-participation in the case management plan, non-apperance at the scheduling conference, the court's willingness to impose sanctions under Rule 16(f), incorporating by reference Rule 37(b)(2)(B),(C)&(D), and setting a date by which the defendant will file a memo explaining his non-participation. Counsel shall include a short motion that recites the circumstances with particular reference to the e-mail described by plaintiff at this hearing. Scheduling conference is held; the court enters the following deadlines: discovery ddl set for 12/20/04; dispositive motions due 1/20/05; PTO ddl set for 5/20/05; final pretrial conference set for 3:00 pm on 5/27/05; jury trial set for 9:00 am on 6/14/05 (4 days). [cc: FJM, NVW] [9-2] (KCB)
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                                                        Blank 8 Filed: 6/16/2004, Entered: 6/18/2004 Other Notice
                                                        NOTICE of compliance of initial disclosure statement pursuant to FRCivP 26(a) by pla Amazon.com Inc (KMG)
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                                                          Blank 7 Filed: 6/14/2004, Entered: 6/15/2004 Report re: Rule 26(f) Planning Meeting
                                                          PROPOSED CASE MGT PLAN/REPORT (KMG)
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                                                            Blank 6 Filed: 6/1/2004, Entered: 6/1/2004 Minutes-MiscellaneousCourt Filing
                                                            The Court has ORDERED that effective June 28, 2004, the above captioned matter is reassigned to Judge Neil V. Wake for all further proceedings. Any hearing, conference, or trial scheduled to be held between 6/28/04 and 7/9/04, is vacated. All other matters remain as scheduled. It is FURTHER ORDERED that counsel review and comply with the attached instructions. All further pleadings and papers filed in this action on or after 6/28/04, should bear the complete case number and judge's initials, as shown above. (cc: all counsel/NVW/ FJM) [6-1] (KAL)
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                                                              Blank -- Filed: 4/15/2004, Entered: 4/15/2004 Remark - Public
                                                              REMARK: Dft Paul S Horner called this date for status of the case and it was discovered he did not provide an address on his answer. His address has been given as 7150 East Camelback Road, Suite 310, Scottsdale, AZ 85251 and Order #5 has been re-mailed. (CAD)
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                                                                Blank 5 Filed: 4/8/2004, Entered: 4/8/2004 OrderCourt Filing
                                                                ORDER by Judge Frederick J. Martone that pursuant to Rule 16 of the Federal Rules of Civil Procedure a Scheduling Conference is set as follows: prel scheduling conf set for 3:00 6/18/04 Counsel for all parties are directed to Rule 16 of the Federal Rules of Civil Procedure for the objectives of the conference. FURTHER ORDERED that all parties are directed to meet at least twenty-one (21) days before the Scheduling Conference, in accordance with Rule 26(f) of the Federal Rules of Civil Procedure, to discuss those matters listed within this Order. FURTHER ORDERED that at the Rule 26(f) case management meeting, the parties shall develop a Proposed Case Management Plan which shall include brief statements or proposals concerning the matters listed within this Order. FURTHER ORDERED that counsel shall jointly file their Proposed Case Management Plan with the Clerk not less than five (5) business days before the conference. FURTHER ORDERED that it is the responsibility of counsel for the pla to initiate the communications necessary to prepare the joint Proposed Case Management Plan. (cc: all counsel) (KMG)
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                                                                  Blank 4 Filed: 3/30/2004, Entered: 3/31/2004 Corporate Disclosure Statement
                                                                  CORPORATE DISCLOSURE STATEMENT by pla Amazon.com Inc (KMG)
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                                                                    Blank 3 Filed: 3/29/2004, Entered: 3/30/2004 Answer
                                                                    ANSWER (Response) to report re: Trademark/Patent [1-1] by dft Paul S Horner (pro se - No address provided on pleading)(KMG) Modified on 03/30/2004
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                                                                      Blank 2 Filed: 3/5/2004, Entered: 3/8/2004 Summons Returned Executed - Complaint/Habeas Petit
                                                                      RETURN OF SERVICE EXECUTED by personal service of summons/complaint upon dft Paul Horner on 3/4/04 (KMG)
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                                                                        Blank 1 Filed: 2/11/2004, Entered: 2/12/2004 Complaint
                                                                        COMPLAINT filed regarding (patent/trademark). Copy of complaint and docket sent to Washington, DC. (MRB)
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