Kayne v. The Thomas Kinkade Company

Federal Civil Lawsuit California Northern District Court, Case No. 3:07-cv-04721-SI
District Judge Susan Illston, presiding
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District Judge Susan Illston
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Summary

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Parties
No Logo David Kayne, Plaintiff

Represented by Holland & Knight, LLP

Name Phone Fax E-Mail
Space Andrew Terry Caulfield +1 415 743 6900 +1 415 743 6910 andrew.caulfield@hklaw.com
Space Charles Lagrange Coleman, III +1 415 743 6900 +1 415 743 6910 ccoleman@hklaw.com
v.
No Logo The Thomas Kinkade Company, Defendant

Represented by McDermott, Will & Emery, LLP

Name Phone Fax E-Mail
Space Charles Edward Weir +1 310 284 6159 +1 310 277 4730 cweir@mwe.com
Attributes
Office San Francisco
Filed 9/13/2007
Jury Demand None
Demand
Nature of Suit 190 - Contract: Other Contract Actions
Cause Section 28 U.S.C. § 1332 Diversity-Fraud
Jurisdiction Diversity
Disposition Judgment - Motion Before Trial
County Santa Clara
Terminated 12/5/2007
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case '8-15038'['USCA']
Def Custody Status
Flags ADRMOP, CLOSED, E-Filing, ProSe, RELATE
Timeline
  Entries (73) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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USCA Mandate with OCR 64 Filed: 3/7/2008, Entered: 3/7/2008 USCA Mandate
MANDATE of USCA as to [60] Notice of Appeal : Voluntarily dismissed. (cc: David Kayne) (ys, COURT STAFF) (Filed on 3/7/2008)
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USCA Order with OCR 63 Filed: 3/7/2008, Entered: 3/7/2008 USCA Order
ORDER of USCA as to [60] Notice of Appeal : Voluntarily dismissed. Costs and fees shall be allocated pursuant to the parties stipulation. (ys, COURT STAFF) (Filed on 3/7/2008)
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Order with OCR 62 Filed: 3/4/2008, Entered: 3/4/2008 OrderCourt Filing
ORDER. Signed by Judge Illston on 3/3/08. (ts, COURT STAFF) (Filed on 3/4/2008)
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Stipulation with OCR 61 Filed: 2/29/2008, Entered: 2/29/2008 Stipulation
STIPULATION re [50] MOTION for Sanctions WITHDRAWN (in lieu of Opposition); Proposed Order to Cancel CMC by David Kayne. (Coleman, Charles) (Filed on 2/29/2008)
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Blank -- Filed: 1/14/2008, Entered: 1/14/2008 USCA Case Number
USCA Case Number 8-15038 USCA for [60] Notice of Appeal filed by David Kayne. (ys, COURT STAFF) (Filed on 1/14/2008)
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Notice of Appeal with OCR 60 Filed: 12/31/2007, Entered: 1/2/2008 Notice of Appeal
NOTICE OF APPEAL as to [57] Order on Motion to Dismiss by David Kayne. Filing fee $ 455, receipt number 34611014041. (ys, COURT STAFF) (Filed on 12/31/2007) (ys, COURT STAFF).
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Blank -- Filed: 12/31/2007, Entered: 1/2/2008 Notice of Appeal Notification
Copy of Notice of Appeal and Docket sheet mailed to all counsel. (ys, COURT STAFF) (Filed on 12/31/2007)
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Blank -- Filed: 12/31/2007, Entered: 1/2/2008 Transmission of Notice of Appeal and Docket Sheet
Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re [60] Notice of Appeal. (ys, COURT STAFF) (Filed on 12/31/2007)
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Order with OCR 59 Filed: 12/17/2007, Entered: 12/17/2007 OrderCourt Filing
ORDER continuing cmc to 3/21/08 @ 2:00 p.m.. Signed by Judge Illston on 12/14/07. (ts, COURT STAFF) (Filed on 12/17/2007)
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Blank -- Filed: 12/17/2007, Entered: 12/18/2007 Set Deadlines/Hearings:
Set Deadlines/Hearings: Case Management Conference set for 3/21/2008 02:00 PM. (ys, COURT STAFF) (Filed on 12/17/2007)
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Stipulation with OCR 58 Filed: 12/11/2007, Entered: 12/11/2007 Stipulation
STIPULATION Re: Case Management Conference by The Thomas Kinkade Company. (Weir, Charles) (Filed on 12/11/2007)
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Order on Motion to Dismiss with OCR 57 Filed: 12/5/2007, Entered: 12/5/2007 Order on Motion to DismissCourt Filing
ORDER GRANTING [24] DEFENDANT'S MOTION TO DISMISS AND DENYING [25] DEFENDANT'S MOTION TO STRIKE. Signed by Judge Susan Illston. (SI, COURT STAFF) (Filed on 12/5/2007)
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Order with OCR 56 Filed: 11/29/2007, Entered: 11/29/2007 OrderCourt Filing
ORDER continuing case management conference . Signed by Judge Illston on 11/18/07. (ts, COURT STAFF) (Filed on 11/29/2007) Modified on 11/29/2007 (ts, COURT STAFF).
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Blank -- Filed: 11/29/2007, Entered: 11/30/2007 Set Deadlines/Hearings:
Set Deadlines/Hearings: Case Management Conference set for 12/18/2007 09:00 AM. (ys, COURT STAFF) (Filed on 11/29/2007)
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Stipulation with OCR 55 Filed: 11/27/2007, Entered: 11/27/2007 Stipulation
STIPULATION to Continue Case Management Conference by The Thomas Kinkade Company. (Weir, Charles) (Filed on 11/27/2007)
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Clerks Notice with OCR 54 Filed: 11/27/2007, Entered: 11/27/2007 Clerks Notice
CLERK'S NOTICE (ts, COURT STAFF) (Filed on 11/27/2007)
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Clerks Notice with OCR 53 Filed: 11/27/2007, Entered: 11/27/2007 Clerks Notice
CLERK'S NOTICE (ts, COURT STAFF) (Filed on 11/27/2007)
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Legal Document (Payment Possibly Required) 52 Filed: 11/27/2007, Entered: 11/27/2007 Clerks Notice Continuing Motion Hearing
CLERK'S NOTICE Continuing Motion Hearing Motion Hearing set for 12/18/2007 09:00 AM. (ts, COURT STAFF) (Filed on 11/27/2007)
Request RequestSpace LREF
Declaration in Support with OCR 51 Filed: 11/26/2007, Entered: 11/26/2007 Declaration in Support
Declaration of Charles E. Weir in Support of [50] MOTION for Sanctions filed byThe Thomas Kinkade Company. (Related document(s)[50]) (Weir, Charles) (Filed on 11/26/2007)
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Motion for Sanctions with OCR 50 Filed: 11/26/2007, Entered: 11/26/2007, Terminated: 3/4/2008 Motion for Sanctions
MOTION for Sanctions filed by The Thomas Kinkade Company. Motion Hearing set for 3/21/2008 09:00 AM in Courtroom 10, 19th Floor, San Francisco. (Weir, Charles) (Filed on 11/26/2007)
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Reply Memorandum with OCR 49 Filed: 11/26/2007, Entered: 11/26/2007 Reply Memorandum
Reply Memorandum re [25] MOTION to Strike [1] Complaint filed byThe Thomas Kinkade Company. (Weir, Charles) (Filed on 11/26/2007)
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Reply Memorandum with OCR 48 Filed: 11/26/2007, Entered: 11/26/2007 Reply Memorandum
Reply Memorandum re [24] MOTION to Dismiss filed byThe Thomas Kinkade Company. (Weir, Charles) (Filed on 11/26/2007)
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Declaration in Opposition with OCR 47 Filed: 11/16/2007, Entered: 11/16/2007 Declaration in Opposition
DECLARATION of GARY L. BRITT IN OPPOSITION TO [24] TKC'S MOTION TO DISMISS FIRST AMENDED COMPLAINT filed byDavid Kayne. (Coleman, Charles) (Filed on 11/16/2007) Modified on 11/19/2007 (ys, COURT STAFF).
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Declaration in Opposition with OCR 46 Filed: 11/16/2007, Entered: 11/16/2007 Declaration in Opposition
DECLARATION of CHARLES L. COLEMAN, III IN OPPOSITION TO [24] DEFENDANT'S MOTION TO DISMISS filed byDavid Kayne. (Coleman, Charles) (Filed on 11/16/2007) Modified on 11/19/2007 (ys, COURT STAFF).
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Memorandum in Opposition with OCR 45 Filed: 11/16/2007, Entered: 11/16/2007 Memorandum in Opposition
PLAINTIFF'S OPPOSITION TO [25] DEFENDANT'S MOTION TO STRIKE PARAGRAPHS 11-14, 27-29, 31-34, 40-41 and 66 OF PLAINTIFF'S FIRST AMENDED COMPLAINT filed byDavid Kayne. (Coleman, Charles) (Filed on 11/16/2007) Modified on 11/19/2007 (ys, COURT STAFF).
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Memorandum in Opposition with OCR 44 Filed: 11/16/2007, Entered: 11/16/2007 Memorandum in Opposition
PLAINTIFF'S MEMORANDUM IN OPPOSITION TO [24] DEFENDANT'S MOTION TO DISMISS (Fed.R.Civ.P.12(b)(6)) filed byDavid Kayne. (Coleman, Charles) (Filed on 11/16/2007)
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Amended Complaint with OCR 43 Filed: 11/2/2007, Entered: 11/2/2007 Amended Complaint
First AMENDED COMPLAINT filed per Stipulation and Order Entered October 29, 2007 against The Thomas Kinkade Company. Filed byDavid Kayne. (Coleman, Charles) (Filed on 11/2/2007) Modified on 11/5/2007 (ys, COURT STAFF).
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Order with OCR 42 Filed: 10/29/2007, Entered: 10/29/2007 OrderCourt Filing
ORDER re: motion to dismiss set on 12/7/07.. Signed by Judge Illston on 10/29/07. (ts, COURT STAFF) (Filed on 10/29/2007)
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Order on Motion to Shorten Time with OCR 41 Filed: 10/29/2007, Entered: 10/29/2007 Order on Motion to Shorten TimeCourt Filing
ORDER by Judge Illston withdrawing [5] Motion to Shorten Time; withdrawing [8] Motion for TRO (ts, COURT STAFF) (Filed on 10/29/2007)
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Blank -- Filed: 10/29/2007, Entered: 10/30/2007 set motion and R&R; deadlines/hearings
Set/Reset Deadlines as to [24] MOTION to Dismiss, [25] MOTION to Strike [1] Complaint. Motion Hearing set for 12/7/2007 09:00 AM. (ys, COURT STAFF) (Filed on 10/29/2007)
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Stipulation with OCR 40 Filed: 10/26/2007, Entered: 10/26/2007 Stipulation
STIPULATION and [Proposed] Order re First Amended Complaint and Maintaining December 7 Hearing Date on Motions To Dismiss and To Strike by David Kayne. (Coleman, Charles) (Filed on 10/26/2007)
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Stipulation with OCR 39 Filed: 10/26/2007, Entered: 10/26/2007 Stipulation
STIPULATION and [Proposed] Order re Withdrawal of Motion as Moot/Vacating November 1 Hearing Date by David Kayne. (Coleman, Charles) (Filed on 10/26/2007)
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Blank -- Filed: 10/19/2007, Entered: 10/19/2007 Case Assigned/Reassigned
Case Reassigned to Judge Susan Illston. Judge Jeremy Fogel no longer assigned to the case. (as, COURT STAFF) (Filed on 10/19/2007)
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Clerks Notice with OCR 38 Filed: 10/18/2007, Entered: 10/18/2007 Clerks Notice
CLERK'S NOTICE motions continued to 11/1/07, 12/7/07 and cmc continued to 12/7/07 (see notice) (Attachments: # (1)) (ts, COURT STAFF) (Filed on 10/18/2007)
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Order Relating Case with OCR 37 Filed: 10/17/2007, Entered: 10/17/2007 Order Relating CaseCourt Filing
ORDER RELATING CASE.. Signed by Judge Illston on 10/17/07. (ts, COURT STAFF) (Filed on 10/17/2007)
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Order Relating Case with OCR 36 Filed: 10/9/2007, Entered: 10/9/2007 Order Relating CaseCourt Filing
ORDER REFERRING CASE FOR A RELATED CASE DETERMINATION. Signed by Judge Jeremy Fogel on 10/09/2007. (jflc3, COURT STAFF) (Filed on 10/9/2007)
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Declaration in Support with OCR 35 Filed: 10/5/2007, Entered: 10/5/2007 Declaration in Support
Declaration of Charles L. Coleman -[34] Reply in Support of [8] TRO filed byDavid Kayne. (Coleman, Charles) (Filed on 10/5/2007) Modified on 10/9/2007 (gm, COURT STAFF).
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Reply Memorandum with OCR 34 Filed: 10/4/2007, Entered: 10/5/2007 Reply Memorandum
Reply Memorandum in Support of [8] TRO/Preliminary Injunction filed byDavid Kayne. (Coleman, Charles) (Filed on 10/4/2007) Modified on 10/9/2007 (gm, COURT STAFF).
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Declaration in Support with OCR 33 Filed: 10/4/2007, Entered: 10/4/2007 Declaration in Support
Declaration of Charles E. Weir in Support of [16] Memorandum in Opposition filed byThe Thomas Kinkade Company. (Related document(s)[16]) (Weir, Charles) (Filed on 10/4/2007)
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Exhibits with OCR 32 Filed: 10/4/2007, Entered: 10/4/2007 Exhibits
EXHIBITS re [26] Request for Judicial Notice filed byThe Thomas Kinkade Company. (Related document(s)[26]) (Weir, Charles) (Filed on 10/4/2007)
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Exhibits with OCR 31 Filed: 10/4/2007, Entered: 10/4/2007 Exhibits
EXHIBITS re [26] Request for Judicial Notice filed byThe Thomas Kinkade Company. (Related document(s)[26]) (Weir, Charles) (Filed on 10/4/2007)
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Exhibits with OCR 30 Filed: 10/4/2007, Entered: 10/4/2007 Exhibits
EXHIBITS re [26] Request for Judicial Notice filed byThe Thomas Kinkade Company. (Related document(s)[26]) (Weir, Charles) (Filed on 10/4/2007)
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Exhibits with OCR 29 Filed: 10/4/2007, Entered: 10/4/2007 Exhibits
EXHIBITS re [26] Request for Judicial Notice filed byThe Thomas Kinkade Company. (Related document(s)[26]) (Weir, Charles) (Filed on 10/4/2007)
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Exhibits with OCR 28 Filed: 10/4/2007, Entered: 10/4/2007 Exhibits
EXHIBITS re [26] Request for Judicial Notice filed byThe Thomas Kinkade Company. (Related document(s)[26]) (Weir, Charles) (Filed on 10/4/2007)
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Exhibits with OCR 27 Filed: 10/4/2007, Entered: 10/4/2007 Exhibits
EXHIBITS re [26] Request for Judicial Notice filed byThe Thomas Kinkade Company. (Related document(s)[26]) (Weir, Charles) (Filed on 10/4/2007)
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Request For Judicial Notice with OCR 26 Filed: 10/4/2007, Entered: 10/4/2007 Request For Judicial Notice
Request for Judicial Notice re [24] MOTION to Dismiss and Declaration of Charles E. Weir filed byThe Thomas Kinkade Company. (Related document(s)[24]) (Weir, Charles) (Filed on 10/4/2007)
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Motion to Strike with OCR 25 Filed: 10/4/2007, Entered: 10/4/2007, Terminated: 3/4/2008 Motion to Strike
MOTION to Strike [1] Complaint filed by The Thomas Kinkade Company. Motion Hearing set for 11/30/2007 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Weir, Charles) (Filed on 10/4/2007)
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Motion to Dismiss with OCR 24 Filed: 10/4/2007, Entered: 10/4/2007, Terminated: 12/5/2007 Motion to Dismiss
MOTION to Dismiss filed by The Thomas Kinkade Company. Motion Hearing set for 11/30/2007 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Weir, Charles) (Filed on 10/4/2007)
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Declaration in Support with OCR 23 Filed: 10/3/2007, Entered: 10/3/2007 Declaration in Support
Declaration in Support of [16] Memorandum in Opposition Second Declaration of Charles Weir filed byThe Thomas Kinkade Company. (Related document(s)[16]) (Weir, Charles) (Filed on 10/3/2007)
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Exhibits with OCR 22 Filed: 10/3/2007, Entered: 10/3/2007 Exhibits
EXHIBITS re [17] Declaration in Support filed byThe Thomas Kinkade Company. (Related document(s)[17]) (Weir, Charles) (Filed on 10/3/2007)
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Exhibits with OCR 21 Filed: 10/3/2007, Entered: 10/3/2007 Exhibits
EXHIBITS re [17] Declaration in Support filed byThe Thomas Kinkade Company. (Related document(s)[17]) (Weir, Charles) (Filed on 10/3/2007)
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Exhibits with OCR 20 Filed: 10/3/2007, Entered: 10/3/2007 Exhibits
EXHIBITS re [17] Declaration in Support filed byThe Thomas Kinkade Company. (Related document(s)[17]) (Weir, Charles) (Filed on 10/3/2007)
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Exhibits with OCR 19 Filed: 10/3/2007, Entered: 10/3/2007 Exhibits
EXHIBITS re [17] Declaration in Support filed byThe Thomas Kinkade Company. (Related document(s)[17]) (Weir, Charles) (Filed on 10/3/2007)
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Exhibits with OCR 18 Filed: 10/3/2007, Entered: 10/3/2007 Exhibits
EXHIBITS re [17] Declaration in Support filed byThe Thomas Kinkade Company. (Related document(s)[17]) (Weir, Charles) (Filed on 10/3/2007)
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Declaration in Support with OCR 17 Filed: 10/3/2007, Entered: 10/3/2007 Declaration in Support
Declaration of Charles E. Weir in Support of [16] Memorandum in Opposition filed byThe Thomas Kinkade Company. (Related document(s)[16]) (Weir, Charles) (Filed on 10/3/2007)
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Memorandum in Opposition with OCR 16 Filed: 10/3/2007, Entered: 10/3/2007 Memorandum in Opposition
Memorandum in Opposition re [8] MOTION for Temporary Restraining Order and Preliminary Injunction; Brief in Support of Motion filed byThe Thomas Kinkade Company. (Weir, Charles) (Filed on 10/3/2007)
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~Notice (other) with OCR 15 Filed: 10/3/2007, Entered: 10/3/2007 ~Notice (other)
NOTICE by The Thomas Kinkade Company of Interested Parties (Weir, Charles) (Filed on 10/3/2007)
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Certificate Of Service. with OCR 14 Filed: 10/2/2007, Entered: 10/2/2007 Certificate Of Service.
CERTIFICATE OF SERVICE by David Kayne re [5] MOTION to Shorten Time for Hearing on Plaintiff's Motion for TRO and Preliminary Injunction and including docs 4 through 13. (Coleman, Charles) (Filed on 10/2/2007)
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Certificate Of Service. with OCR 13 Filed: 10/2/2007, Entered: 10/2/2007 Certificate Of Service.
CERTIFICATE OF SERVICE by David Kayne re [4] Certificate of Service, [8] MOTION for Temporary Restraining Order and Preliminary Injunction; Brief in Support of Motion, [7] Proposed Order, [10] Declaration in Support, [9] Declaration in Support, [12] Proposed Order, [6] Declaration in Support, [11] Proposed Order, [5] MOTION to Shorten Time for Hearing on Plaintiff's Motion for TRO and Preliminary Injunction Proof of Service (of docs 4 thru 12) via Hand Delivery to Charles E. Weir at McDermott Will & Emery (Coleman, Charles) (Filed on 10/2/2007)
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Proposed Order with OCR 12 Filed: 10/2/2007, Entered: 10/2/2007 Proposed Order
Proposed Order re [8] MOTION for Temporary Restraining Order and Preliminary Injunction; Brief in Support of Motion --Proposed Preliminary Injunction by David Kayne. (Coleman, Charles) (Filed on 10/2/2007)
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Proposed Order with OCR 11 Filed: 10/2/2007, Entered: 10/2/2007 Proposed Order
Proposed Order re [8] MOTION for Temporary Restraining Order and Preliminary Injunction; Brief in Support of Motion - Proposed T.R.O. by David Kayne. (Coleman, Charles) (Filed on 10/2/2007)
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Declaration in Support with OCR 10 Filed: 10/2/2007, Entered: 10/2/2007 Declaration in Support
Declaration of Charles L. Coleman in Support of [8] MOTION for Temporary Restraining Order and Preliminary Injunction; Brief in Support of Motion filed byDavid Kayne. (Related document(s)[8]) (Coleman, Charles) (Filed on 10/2/2007)
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Declaration in Support with OCR 9 Filed: 10/2/2007, Entered: 10/2/2007 Declaration in Support
Declaration of David Kayne in Support of [8] MOTION for Temporary Restraining Order and Preliminary Injunction; Brief in Support of Motion filed byDavid Kayne. (Related document(s)[8]) (Coleman, Charles) (Filed on 10/2/2007)
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Motion for TRO with OCR 8 Filed: 10/2/2007, Entered: 10/2/2007, Terminated: 10/29/2007 Motion for TRO
MOTION for Temporary Restraining Order and Preliminary Injunction; Brief in Support of Motion filed by David Kayne. Motion Hearing set for 10/5/2007 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Coleman, Charles) (Filed on 10/2/2007)
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Proposed Order with OCR 7 Filed: 10/2/2007, Entered: 10/2/2007 Proposed Order
Proposed Order re [5] MOTION to Shorten Time for Hearing on Plaintiff's Motion for TRO and Preliminary Injunction by David Kayne. (Coleman, Charles) (Filed on 10/2/2007)
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Declaration in Support with OCR 6 Filed: 10/2/2007, Entered: 10/2/2007 Declaration in Support
Declaration of Charles L. Coleman, III in Support of [5] MOTION to Shorten Time for Hearing on Plaintiff's Motion for TRO and Preliminary Injunction filed byDavid Kayne. (Related document(s)[5]) (Coleman, Charles) (Filed on 10/2/2007)
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Motion to Shorten Time with OCR 5 Filed: 10/2/2007, Entered: 10/2/2007, Terminated: 10/29/2007 Motion to Shorten Time
MOTION to Shorten Time for Hearing on Plaintiff's Motion for TRO and Preliminary Injunction filed by David Kayne. Motion Hearing set for 10/5/2007 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Coleman, Charles) (Filed on 10/2/2007)
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Certificate Of Service. with OCR 4 Filed: 10/2/2007, Entered: 10/2/2007 Certificate Of Service.
CERTIFICATE OF SERVICE by David Kayne (Local Rule 5-6(a)(2)) (Coleman, Charles) (Filed on 10/2/2007)
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ADR Scheduling Order with OCR 3 Filed: 9/13/2007, Entered: 9/17/2007 ADR Scheduling Order
ADR SCHEDULING ORDER: Case Management Statement due by 12/28/2007. Case Management Conference set for 1/4/2008 10:30 AM. (Attachments: # (1) Standing Order # (2) CM Standing Order)(gm, COURT STAFF) (Filed on 9/13/2007)
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Certificate of Interested Entities with OCR 2 Filed: 9/13/2007, Entered: 9/17/2007 Certificate of Interested Entities
Certificate of Interested Entities by David Kayne (gm, COURT STAFF) (Filed on 9/13/2007) Additional attachment(s) added on 10/9/2007 (gm, COURT STAFF).
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Complaint with OCR 1 Filed: 9/13/2007, Entered: 9/17/2007 Complaint
COMPLAINT for Declaratory and Injunctive Relief against The Thomas Kinkade Company ( Filing fee $ 350.00, receipt number 3461110482.). Filed byDavid Kayne. (gm, COURT STAFF) (Filed on 9/13/2007) Additional attachment(s) added on 10/9/2007 (gm, COURT STAFF).
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Blank -- Filed: 9/13/2007, Entered: 9/17/2007 Case Referred to ECF
CASE DESIGNATED for Electronic Filing. (gm, COURT STAFF) (Filed on 9/13/2007)
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Blank -- Filed: 9/13/2007, Entered: 9/17/2007 Summons Issued
Summons Issued as to The Thomas Kinkade Company. on 9/13/2007 (gm, COURT STAFF) (Filed on 9/13/2007)
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