Cybernet Entertainment LLC v. Kovalchuk et al

Federal Civil Lawsuit Florida Southern District Court, Case No. 0:12-cv-60660
District Judge Robert N. Scola, Jr, presiding
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District Judge Robert N. Scola, Jr
Last Updated September 14, 2016 at 1:32 AM EDT (8.5 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Cybernet Entertainment LLC, Plaintiff

Represented by Randazza Legal Group PLLC

Represented by Rosen Bien Galvan & Grunfeld LLP

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Jason Allan Fischer +1 321 356 0766 +1 305 397 2772 fischerlawpl@me.com
v.
No Logo ERA Technologies Ltd., Defendant
No Logo Extron Worldwide Corporation, Defendant
No Logo Igor Kovalchuk, Defendant
No Logo John Does 1-100, Defendant
Attributes
Citation Unknown
Nature of Suit 820 - Property Rights: Copyright
Timeline
  Entries (43) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 43 Filed: 2/20/2013, Entered: 2/21/2013 Order Dismissing Case
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Legal Document (Payment Possibly Required) 42 Filed: 2/19/2013, Entered: 2/19/2013 Motion to Dismiss
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Legal Document (Payment Possibly Required) 41 Filed: 2/13/2013, Entered: 2/13/2013 Motion for Extension of Time
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Legal Document (Payment Possibly Required) 40 Filed: 2/11/2013, Entered: 2/11/2013 Order on Motion for Extension of Time
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Legal Document (Payment Possibly Required) 39 Filed: 2/11/2013, Entered: 2/11/2013 Motion for Extension of Time
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Blank 38 Filed: 2/5/2013, Entered: 2/5/2013 Report and RecommendationsCourt Filing
ORDER AND REPORT AND RECOMMENDATIONS re 18 MOTION to Quash, Set Aside Default and for Sanctions, and 24 MOTION for Order Permitting Service by Alternative Means Under Rule 4(f)(3). Objections to R&R due by 2/22/2013. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/5/2013. (nmz) (Entered: 02/05/2013)
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Legal Document (Payment Possibly Required) 37 Filed: 1/23/2013, Entered: 1/23/2013 Memorandum
MEMORANDUM in Support re 36 First MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,,, by ERA Technologies Ltd.. (Attachments: # 1 Exhibit Affidavit (Second) Kovalchuk, # 2 Exhibit ICANN Registrar, # 3 Exhibit Segpay.com Screenshot, # 4 Exhibit Segpay.com Screenshot)(Bradley, John) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 36 Filed: 1/23/2013, Entered: 1/23/2013 Motion to Dismiss
First MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,,, by ERA Technologies Ltd.. Responses due by 2/11/2013 (Bradley, John) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 35 Filed: 1/23/2013, Entered: 1/23/2013 Order on Motion for Clerks Entry of Default
ORDER by Clerk of Non-Entry of Default re 34 Motion for Clerks Entry of Default as to ERA Technologies Ltd.. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 1/23/2013. (tp) (Entered: 01/23/2013)
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Legal Document (Payment Possibly Required) 34 Filed: 1/22/2013, Entered: 1/22/2013 Motion for Clerk's Entry of Default
Second MOTION for Clerks Entry of Default as to ERA Technologies Ltd. by Cybernet Entertainment LLC. (Attachments: # 1 Text of Proposed Order)(Fischer, Jason) (Entered: 01/22/2013)
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Legal Document (Payment Possibly Required) 33 Filed: 1/11/2013, Entered: 1/11/2013 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Clerks Notice to Filer re 32 Summons Returned Executed, 30 Notice (Other). Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ar2) (Entered: 01/11/2013)
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Legal Document (Payment Possibly Required) 32 Filed: 1/9/2013, Entered: 1/11/2013 Summons Returned Executed
SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by Cybernet Entertainment LLC. ERA Technologies Ltd. served on 7/30/2012, answer due 8/20/2012. (See DE 30 for image). (ar2) (Entered: 01/11/2013)
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Legal Document (Payment Possibly Required) 31 Filed: 1/9/2013, Entered: 1/9/2013 Order Referring MotionCourt Filing
ORDER REFERRING MOTION: 24 MOTION for Order Permitting Service by Alternative means under Rule 4(f)(3) filed by Cybernet Entertainment LLC Motions referred to Alicia M. Otazo-Reyes Signed by Judge Robert N. Scola, Jr on 1/8/13. (tp) (Entered: 01/09/2013)
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Legal Document (Payment Possibly Required) 30 Filed: 1/9/2013, Entered: 1/9/2013 ~Notice (other)
NOTICE by Cybernet Entertainment LLC re 1 Complaint, of Filing Proof of Service (Attachments: # 1 Proof of Service of Complaint and Summons upon ERA Technologies Ltd.)(Fischer, Jason) Modified to add missing event [DE 32] SUMMONS (Affidavit) Returned Executed on 1/11/2013 (ar2). (Entered: 01/09/2013)
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Legal Document (Payment Possibly Required) 29 Filed: 9/25/2012, Entered: 9/25/2012 Scheduling OrderCourt Filing
SCHEDULING ORDER: ( Trial set for 10/7/2013 before Judge Robert N. Scola Jr.., Calendar Call set for 10/1/2013 09:00 AM in Miami Division before Judge Robert N. Scola Jr.., Amended Pleadings due by 10/29/2012., Expert Discovery due by 7/31/2013., Fact Discovery due by 6/3/2013., Joinder of Parties due by 10/29/2012., In Limine Motions due by 8/2/2013., Dispositive Motions due by 6/17/2013., Pretrial Stipulation due by 9/27/2013., Status Report due by 12/21/2012), and ORDER REFERRING CASE to Mediation. Mediation Deadline 6/21/2013. Signed by Judge Robert N. Scola, Jr on 9/24/2012. (See Order for details). (ar2) (Entered: 09/25/2012)
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Legal Document (Payment Possibly Required) 28 Filed: 8/24/2012, Entered: 8/24/2012 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Clerks Notice to Filer re 26 Reply to Response to Motion, 27 Response in Opposition to Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events.Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ar2) (Entered: 08/24/2012)
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Legal Document (Payment Possibly Required) 27 Filed: 8/23/2012, Entered: 8/24/2012 Response in Opposition to Motion
RESPONSE in Opposition Re: 24 MOTION for Order Permitting Service by Alternative means under Rule 4(f)(3) filed by ERA Technologies Ltd., Extron Worldwide Corporation, Igor Kovalchuk. (See DE 26 for image). (ar2) (Entered: 08/24/2012)
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Legal Document (Payment Possibly Required) 26 Filed: 8/23/2012, Entered: 8/23/2012 Reply to Response to Motion
CONSOLIDATED REPLY to Response to 18 MOTION to Quash filed by ERA Technologies Ltd., Extron Worldwide Corporation, Igor Kovalchuk. (Bradley, John) Modified document link on 8/24/2012 (ar2). (Entered: 08/23/2012)
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Legal Document (Payment Possibly Required) 25 Filed: 8/14/2012, Entered: 8/14/2012 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Clerks Notice to Filer re 23 Response in Opposition to Motion,,. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ar2) (Entered: 08/14/2012)
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Legal Document (Payment Possibly Required) 24 Filed: 8/13/2012, Entered: 8/14/2012 Motion for Miscellaneous Relief
CROSS-MOTION for Order Permitting Service by Alternative means under Rule 4(f)(3) by Cybernet Entertainment LLC. (See DE 23 for image). (ar2) (Entered: 08/14/2012)
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Legal Document (Payment Possibly Required) 23 Filed: 8/13/2012, Entered: 8/13/2012 Response in Opposition to Motion
RESPONSE in Opposition re 18 First MOTION to Quash Proof of ServiceFirst MOTION to Set Aside Default First MOTION for Sanctions and Cross-Motion for an Order Permitting Alternate Service filed by Cybernet Entertainment LLC. (Attachments: # 1 Exhibit A - Proof of Service from Prior Action, # 2 Exhibit B - Declaration of Defendant Igor Kovalchuk, # 3 Exhibit C - Declaration of Process Server, # 4 Exhibit D - April 30th Letter from Val Gurvits, # 5 Text of Proposed Order (alternative relief 1), # 6 Text of Proposed Order (alternative relief 2))(Fischer, Jason) Modified to add missing event [DE 24] CROSS-MOTION for Order Permitting Service by Alternative means on 8/14/2012 (ar2). (Entered: 08/13/2012)
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Legal Document (Payment Possibly Required) 22 Filed: 8/13/2012, Entered: 8/13/2012 Stipulation
STIPULATION re 18 First MOTION to Quash Proof of ServiceFirst MOTION to Set Aside Default First MOTION for Sanctions by Cybernet Entertainment LLC (Fischer, Jason) (Entered: 08/13/2012)
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Legal Document (Payment Possibly Required) 21 Filed: 7/31/2012, Entered: 7/31/2012 OrderCourt Filing
ORDER granting 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Val Gurvits. Signed by Judge Robert N. Scola, Jr on 7/30/2012. (mmz) (Entered: 07/31/2012)
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Legal Document (Payment Possibly Required) 20 Filed: 7/31/2012, Entered: 7/31/2012 Order on Motion to Appear Pro Hac ViceCourt Filing
ORDER granting 17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Robert N. Scola, Jr on 7/30/2012. (mmz) (Entered: 07/31/2012)
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Legal Document (Payment Possibly Required) 19 Filed: 7/31/2012, Entered: 7/31/2012 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Clerks Notice to Filer re 18 First MOTION to Quash Proof of ServiceFirst MOTION to Set Aside Default First MOTION for Sanctions . Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (jua) (Entered: 07/31/2012)
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Legal Document (Payment Possibly Required) 18 Filed: 7/30/2012, Entered: 7/30/2012 Motion to Quash
First MOTION to Quash Purported Proof of Service re 10 Summons Returned Executed, First MOTION to Set Aside Default re 14 Clerk's Entry of Default, First MOTION for Sanctions by ERA Technologies Ltd., Extron Worldwide Corporation, Igor Kovalchuk. (Attachments: # 1 Affidavit Kovalchuk Affidavit, # 2 Exhibit Fraserside Decision (Iowa), # 3 Exhibit US Copyright Office Doc, # 4 Affidavit Luchian Affidavit, # 5 Exhibit DMCA Designation, # 6 Exhibit Belville Email, # 7 Exhibit Letter to J. Fischer, # 8 Exhibit Randazza Email)(Bradley, John) Modified to add document link on 7/31/2012 (jua). (Entered: 07/30/2012)
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Legal Document (Payment Possibly Required) 17 Filed: 7/27/2012, Entered: 7/30/2012 Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice for Val Gurvits and Evan Fray-Witzer. Filing Fee $ 150.00. Receipt # 2845. (ksa) (Entered: 07/30/2012)
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Legal Document (Payment Possibly Required) 16 Filed: 7/27/2012, Entered: 7/27/2012 Notice of Attorney Appearance
NOTICE of Attorney Appearance by John Francis Bradley on behalf of ERA Technologies Ltd., Extron Worldwide Corporation, Igor Kovalchuk (Bradley, John) (Entered: 07/27/2012)
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Legal Document (Payment Possibly Required) 15 Filed: 7/25/2012, Entered: 7/25/2012 Order on Motion for Clerks Entry of Default
ORDER by Clerk of Non-Entry of Default re 11 Motion for Clerks Entry of Default as to ERA Technologies Ltd., Extron Worldwide Corporation. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - has NOT been entered on docket. Signed by DEPUTY CLERK on 7/25/2012. (ar2) (Entered: 07/25/2012)
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Legal Document (Payment Possibly Required) 14 Filed: 7/25/2012, Entered: 7/25/2012 Order on Motion for Clerks Entry of Default
ORDER by Clerk of Entry of Default re 11 Motion for Clerks Entry of Default as to Igor Kovalchuk. Signed by DEPUTY CLERK on 7/25/2012. (ar2) (Entered: 07/25/2012)
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Legal Document (Payment Possibly Required) 13 Filed: 7/24/2012, Entered: 7/24/2012 Clerks Notice of Docket Correction and Instruction to Filer - Attorney
Clerks Notice to Filer Re: 10 Summons Returned Executed. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [DE 12] Summons Returned Executed. It is not necessary to refile this document. (ar2) (Entered: 07/24/2012)
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Legal Document (Payment Possibly Required) 12 Filed: 7/24/2012, Entered: 7/24/2012 Summons Returned Executed
SUMMONS (Affidavit) Returned Executed on 1 Complaint, by Cybernet Entertainment LLC. (See DE 10 for image). (ar2) (Entered: 07/24/2012)
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Legal Document (Payment Possibly Required) 11 Filed: 7/24/2012, Entered: 7/24/2012 Motion for Clerk's Entry of Default
MOTION for Clerks Entry of Default as to ERA Technologies Ltd., Extron Worldwide Corporation, Igor Kovalchuk by Cybernet Entertainment LLC. (Attachments: # 1 Text of Proposed Order)(Fischer, Jason) Modified/reopened on 7/25/2012 (ar2). (Entered: 07/24/2012)
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Legal Document (Payment Possibly Required) 10 Filed: 7/24/2012, Entered: 7/24/2012 Summons Returned Executed
SUMMONS (Affidavit) Returned Executed on 1 Complaint,,, by Cybernet Entertainment LLC. ERA Technologies Ltd. served on 5/14/2012, answer due 6/4/2012; Extron Worldwide Corporation served on 5/14/2012, answer due 6/4/2012; Igor Kovalchuk served on 5/14/2012, answer due 6/4/2012. (Fischer, Jason) (Entered: 07/24/2012)
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Legal Document (Payment Possibly Required) 9 Filed: 7/2/2012, Entered: None Court Filing
Clerks Notice of Magistrate Judge Assignment pursuant to Administrative Order 2012-53, to Magistrate Judge Alicia M. Otazo-Reyes. Magistrate Judge Robin S. Rosenbaum no longer assigned to case. (mb) (Entered: 07/02/2012)
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Legal Document (Payment Possibly Required) 8 Filed: 6/4/2012, Entered: None Court Filing
ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Robert N. Scola, Jr on 6/4/2012. (ar2) (Entered: 06/04/2012)
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Legal Document (Payment Possibly Required) 7 Filed: 5/30/2012, Entered: None Motion to Appear Pro Hac Vice
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Chad Belville. Filing Fee $ 75.00. Receipt # 39554. (ksa) (Main Document 7 replaced on 6/4/2012) (asl). (Entered: 05/31/2012)
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Blank 6 Filed: 5/16/2012, Entered: 5/16/2012 Notice of Pendency of Other Action
Notice of Pendency of Other Action by Cybernet Entertainment LLC (Fischer, Jason) (Entered: 05/16/2012)
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Legal Document (Payment Possibly Required) 5 Filed: 4/16/2012, Entered: 4/16/2012 Order Referring Case to Magistrate JudgeCourt Filing
ORDER REQUIRING DISCOVERY AND SCHEDULING CONFERENCE AND ORDER REFERRING DISCOVERY MATTERS TO THE MAGISTRATE JUDGE. Signed by Judge Robert N. Scola, Jr. on 4/16/2012. (aso) (Entered: 04/16/2012)
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Legal Document (Payment Possibly Required) 4 Filed: 4/16/2012, Entered: 4/16/2012 Summons Issued
Summons Issued as to ERA Technologies Ltd., Extron Worldwide Corporation, Igor Kovalchuk. (ar2) (Entered: 04/16/2012)
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Legal Document (Payment Possibly Required) 3 Filed: 4/16/2012, Entered: 4/16/2012 Form AO 120/121
FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (ar2) (Entered: 04/16/2012)
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Legal Document (Payment Possibly Required) 2 Filed: 4/13/2012, Entered: 4/16/2012 Judge AssignmentCourt Filing
Judge Assignment to Judge Robert N. Scola, Jr and Magistrate Judge Robin S. Rosenbaum (ar2) (Entered: 04/16/2012)
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Blank 1 Filed: 4/13/2012, Entered: 4/13/2012 Complaint
COMPLAINT against All Defendants. Filing fee $ 350.00 receipt number 113C-4643885, filed by Cybernet Entertainment LLC. (Attachments: # 1 Exhibit 1- Compete Analysis, # 2 Exhibit 2- Alexa Site Ranking, # 3 Exhibit 3- WhoIs for DrTuber.com, # 4 Exhibit 4- DrTuber Partner Content Program, # 5 Exhibit 5- DrTuber Premium Pages, # 6 Exhibit 6- DrTuber Privacy Policy, # 7 Exhibit 7- DrTuber Terms of Use, # 8 Exhibit 8- DrTuber Webmaster Program, # 9 Exhibit 9- DrTuber Join Form, # 10 Exhibit 10- SegPay Contact Page, # 11 Exhibit 11- DrTuber Static Pages, # 12 Civil Cover Sheet, # 13 Summon(s) for Defendant Kovalchuk, # 14 Summon(s) for Defendant ERA Technologies Ltd., # 15 Summon(s) for Defendant Extron Worldwide Corporation)(Fischer, Jason) (Entered: 04/13/2012)
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