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 38 |
Filed: 12/9/2013, Entered: None |
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ENTERED JUDGMENT on 12/9/2013:Mailed notice(slb, ) (Entered: 12/09/2013)
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 37 |
Filed: 12/9/2013, Entered: None |
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MINUTE entry before the Honorable Edmond E. Chang: Motion hearing held on Plaintiff's motion for default judgment against Defendants Ken Kim and Lynn A. McBroom. For the reasons stated in open court, Plaintiff's motion is granted in part and denied in part. The motion is denied as to Defendant Ken Kim, who was previously voluntarily dismissed with prejudice as requested by Plaintiff, see R. 24 at Paragraph 12. Plaintiff's motion for default judgment as to Defendant McBroom is granted. The return of service shows that McBroom was served. More than 21 days have elapsed and Defendant McBroom has failed to answer or otherwise plead. For the reasons stated in open court, judgment is entered against Defendant McBroom for statutory damages in the amount of $750.00; attorney's fees in the amount $2,500.00; and costs in the amount of $183.75. For the reasons stated in open court, the request for a permanent injunction is denied. Civil case terminated. Mailed notice (slb, ) (Entered: 12/09/2013)
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 Request |
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| 36 |
Filed: 12/9/2013, Entered: None |
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MINUTE entry before the Honorable Edmond E. Chang: Status hearing held. Pursuant to settlement reported by the parties' counsel as to Defendant Burke, the case is dismissed without prejudice as to Defendant Vivian Burke and with full leave to reinstate by 01/23/2014. If the case is not reinstated as to Defendant Burke by that date, then the dismissal will automatically convert into a dismissal with prejudice without further action of the Court. Defendant Burke's motion for extension of time 30 is terminated as moot. Mailed notice (slb, ) (Entered: 12/09/2013)
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Request |
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| 35 |
Filed: 12/5/2013, Entered: None |
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MINUTE entry before the Honorable Edmond E. Chang: To coincide with the previously set status and to comply with Judge Chang's motion procedures, hearing on Plaintiff's motion for default judgment is reset to December 9, 2013 at 8:30 a.m. Mailed notice (slb, ) (Entered: 12/05/2013)
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Request |
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| 34 |
Filed: 12/4/2013, Entered: None |
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NOTICE of Motion by Matthew Lee Stone for presentment of motion for default judgment 32 before Honorable Edmond E. Chang on 12/9/2013 at 09:30 AM. (Stone, Matthew) (Entered: 12/04/2013)
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Request |
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| 33 |
Filed: 12/4/2013, Entered: None |
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MINUTE entry before the Honorable Edmond E. Chang: Plaintiff's default judgment motion does not bear a certificate of service, and because the defendants who are the subjects of the motion are not e-filers, the electronic filing itself is insufficient service. If Plaintiff has served the defendants by some other means, then Plaintiff shall file a certificate of service on the docket (there is no need to refile the motion). If Plaintiff has not served the defendants, then Plaintiff shall do so immediately (at least by mailing and by any other reasonable means, including e-mail, if Plaintiff has that information) and then file a certificate of service on the docket. Mailed notice (slb, ) (Entered: 12/04/2013)
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Request |
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| 32 |
Filed: 12/2/2013, Entered: None |
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MOTION by Plaintiff Zambezia Film Pty Ltd. for default judgment as to all counts (Stone, Matthew) (Entered: 12/02/2013)
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Request |
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| 31 |
Filed: 12/2/2013, Entered: None |
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NOTICE of Motion by Erin Kathryn Russell for presentment of motion for extension of time to file answer 30 before Honorable Edmond E. Chang on 12/9/2013 at 08:30 AM. (Russell, Erin) (Entered: 12/02/2013)
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Request |
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| 30 |
Filed: 11/29/2013, Entered: None |
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MOTION by Defendant Vivian Burke for extension of time to file answer or otherwise plead (Russell, Erin) (Entered: 11/29/2013)
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Request |
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| 29 |
Filed: 11/29/2013, Entered: None |
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ATTORNEY Appearance for Defendant Vivian Burke by Erin Kathryn Russell (Russell, Erin) (Entered: 11/29/2013)
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Request |
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| 28 |
Filed: 11/19/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: On Plaintiff's motion to continue 24 , which was previously granted in part, the remaining relief is denied as to Defendant Keshia Craig; Plaintiff's most recently filed motion for extension of time to file 27 is granted in part and denied in part. No extension to serve is permitted as to Defendant Keshia Craig, under Rule 4(m), for failure to show diligent action to serve her. The process server's affidavit shows one series of steps from 09/21/2013 to 09/30/2013, where the server visited her address seven times in that time period. But there is nothing in the affidavit as to what steps the server has taken in the past six weeks (or anytime before 09/21/2013) to update Craig's address, including any of the usual database searches or checking with the owner or administrative office of the multi-unit building. At most, the server knocked on the door of a neighbor (it is not clear how many times), but got no answer. Craig is dismissed without prejudice from the case. Plaintiff may move to reconsider if filed promptly and after diligent search for Craig or if seeking an appropriate substitute means of service. On Defendants McBroom and Burke, the status hearing of 11/19/2013 is reset to 12/09/2013 at 8:30 a.m. Plaintiff must file the actual motion for default judgment, in a sum-certain, by 12/02/2013, and notice the motion for presentment to coincide with the 12/09/2013 hearing.Mailed notice (Chang, Edmond) (Entered: 11/19/2013)
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Request |
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| 27 |
Filed: 11/18/2013, Entered: None |
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MOTION by Plaintiff Zambezia Film Pty Ltd. for extension of time to file Motions for Default (Attachments: # 1 Affidavit of Special Process Servers)(Stone, Matthew) (Entered: 11/18/2013)
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Request |
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| 26 |
Filed: 11/12/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: Plaintiff's motion for various relief 24 is granted in part and entered and continued in part: in light of his illness, the status hearing of 11/12/2013 is reset to 11/19/2013 at 10 a.m. The motion to voluntarily dismiss Defendants Charles Johnson (formerly Doe 47) and Javier Quintana without prejudice is granted, and those Defendants are terminated as named Defendants. The motion to voluntarily dismiss Defendants Ken Kim (formerly Doe 52) and Ramon Cancel (formerly Doe 56) with prejudice is granted, and those Defendants are terminated as named Defendants. Plaintiff shall file all returns of service, including attempts to serve Keshia Craig, by 11/18/2013. If any remaining Defendants (Craig, Lynn McBroom, Vivian Burke) are in default for failing to answer (depending on the date of service), then Plaintiff must file a motion for default judgment in a sum-certain to coincide with the 11/19/2013 status hearing at 10 a.m. The motion to extend time to serve Craig is entered and continued to 11/19/2013 at 10 a.m., so that the Court can examine the process server's affidavit for good cause; in the meantime, Plaintiff is authorized to continue trying to serve Craig, and should keep trying to do so. Mailed notice (slb, ) (Entered: 11/12/2013)
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Request |
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| 25 |
Filed: 11/12/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: In light of Plaintiff's counsel's illness, the status hearing will be reset in another docket entry; there is no need to appear today.Mailed notice (Chang, Edmond) (Entered: 11/12/2013)
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Request |
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| 24 |
Filed: 11/11/2013, Entered: None |
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MOTION by Plaintiff Zambezia Film Pty Ltd. to continue , MOTION by Plaintiff Zambezia Film Pty Ltd. to dismiss (Stone, Matthew) (Entered: 11/11/2013)
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Request |
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| 23 |
Filed: 11/8/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: In advance of the upcoming status to check on the progress (and hopefully completion) of service of process, Plaintiff must promptly file the returns of proof of service as to those defendants already served. Mailed notice (slb, ) (Entered: 11/08/2013)
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Request |
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| 22 |
Filed: 10/23/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: Defendant Ramon Cancel's unopposed extension 20 motion to answer or respond to the complaint is granted to 11/11/2013. Mailed notice (slb, ) (Entered: 10/23/2013)
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Request |
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| 21 |
Filed: 10/16/2013, Entered: 10/16/2013 |
Notice of Motion |
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NOTICE of Motion by Depeng Bi for presentment of motion for extension of time to file answer 20 before Honorable Edmond E. Chang on 10/24/2013 at 08:30 AM. (Bi, Depeng) (Entered: 10/16/2013)
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Request |
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| 20 |
Filed: 10/11/2013, Entered: 10/11/2013 |
Motion for Extension of Time to File Answer |
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MOTION by Defendant Ramon Cancel for extension of time to file answer (Bi, Depeng) (Entered: 10/11/2013)
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Request |
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| 19 |
Filed: 10/11/2013, Entered: 10/11/2013 |
Attorney Appearance |
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ATTORNEY Appearance for Defendant Ramon Cancel by Depeng Bi (Bi, Depeng) (Entered: 10/11/2013)
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Request |
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| 18 |
Filed: 10/3/2013, Entered: 10/4/2013 |
status hearing |
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MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Plaintiff made a verbal request to dismiss Mark Damrose. The Court grants the request. Mark Damrose is dismissed as a named defendant. Counsel reported on the status of service. The time to served the unserved defendants is extended to 11/12/2013, but progress must be made to warrant another extension. Status hearing set for 11/12/2013 at 9:30 a.m. Mailed notice (slb, ) (Entered: 10/04/2013)
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Request |
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| 17 |
Filed: 9/10/2013, Entered: 9/10/2013 |
Amended Complaint |
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AMENDED complaint by Zambezia Film Pty Ltd. against mark damrose, Charles Johnson, Vivian Burke, Ken Kim, Javier Quintana, Lynn A. McBroom, Ramon Cancel, Keshia Craig (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stone, Matthew) (Entered: 09/10/2013)
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Request |
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| 16 |
Filed: 9/3/2013, Entered: 9/5/2013 |
Order on Motion for Extension of Time to Amend |
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ORDER: Status and motion hearing held on Plaintiff's motion for extension of time to amend the complaint 15 . For the reasons stated in open court, Plaintiff's motion 15 is granted. Plaintiff to file the amended complaint as a separate document. The time to serve the defendants is extended to 10/01/2013. The remaining defendants in the case are Does 10, 51, 52, 54, 55, 56, and 57. All other defendants are dismissed. Status hearing set for 10/03/2013 at 9:30 a.m. Signed by the Honorable Edmond E. Chang on 9/3/2013.Mailed notice(mjc, ) (Entered: 09/05/2013)
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Request |
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| 15 |
Filed: 9/2/2013, Entered: 9/2/2013 |
Motion for Extension of Time to Amend |
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MOTION by Plaintiff Zambezia Film Pty Ltd. for extension of time to amend complaint (Attachments: # 1 Exhibit Amended Complaint, # 2 Exhibit Exhibit A to Amended Complaint, # 3 Exhibit B to Amended Complaint, # 4 Exhibit Status Memorandum)(Stone, Matthew) (Entered: 09/02/2013)
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Request |
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| 14 |
Filed: 8/1/2013, Entered: 8/1/2013 |
Order on Motion to Dismiss |
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MINUTE entry before Honorable Edmond E. Chang: Status hearing held. Plaintiffs counsel reported that eight defendants have been identified and Plaintiff is waiting for subpoena returns to identify five others. By 08/15/2013, Plaintiff may file an amended complaint to identify those Does who have currently been identified. The Court extends the time to name and serve defendants pursuant to FRCP 4(m) to September 3, 2013. Status hearing set for 09/03/2013 at 9:00 a.m. By 08/30/2013, Plaintiff shall file a concise status report on the progress of identifying the remaining Does and service of process. Motion to voluntarily dismiss the following defendants without prejudice 13 is granted. The following Does are dismissed without prejudice and terminated: 1-9, 11-36, 38-41, 43-46, 48-50, 58, and 60. Mailed notice (slb, ) (Entered: 08/01/2013)
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Request |
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| 13 |
Filed: 7/31/2013, Entered: 7/31/2013 |
Motion to Dismiss |
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MOTION by Plaintiff Zambezia Film Pty Ltd. to dismiss (Stone, Matthew) (Entered: 07/31/2013)
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Request |
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| 12 |
Filed: 6/26/2013, Entered: 6/27/2013 |
status hearing |
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MINUTE entry before Honorable Edmond E. Chang: Status hearing held to check on the progress of identifying the Does and service of process. Counsel reported that only one of the Does has been identified, but is not a resident of this District and will be dismissed. Plaintiff must move forward promptly with efforts to identify Does. Status hearing set for 08/1/13 at 9:00 a.m. By 07/31/13 Plaintiff shall file a concise status report explaining why the geo-locator incorrectly placed the Indiana Doe in this District, or whether there is some other explanation (such as the Doe moved recently). Mailed notice (slb, ) (Entered: 06/27/2013)
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Request |
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| 11 |
Filed: 5/9/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: Motion hearing held on Plaintiff's supplemental motion for early discovery 9 . For the reasons stated in open court, Plaintiff's motion 9 is granted. As discussed during the hearing, the Court is still not entirely convinced that Plaintiff' joinder theory (the unique hash tag value) is correct in all situations, especially if applied over an extended time period. But here Plaintiff did limit the time period in defining the swarm (limited to less than 2 months), so at this stage of the litigation (where there is not even an adversarial presentation), it is permissible at least to engage in discovery to identify the defendants. Defendants may re-raise the joinder issue later in the case. Status hearing set for June 26, 2013 at 9:00 a.m. Mailed notice (slb, ) (Entered: 05/09/2013)
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Request |
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| 10 |
Filed: 5/6/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: The motion hearing of 05/06/13 was called and is reset to 05/09/13 at 8:30 a.m. Plaintiff's counsel mis-calendared the date. Mailed notice (slb, ) (Entered: 05/06/2013)
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Request |
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| 9 |
Filed: 4/17/2013, Entered: None |
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MOTION by Plaintiff Zambezia Film Pty Ltd. to supplement (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stone, Matthew) (Entered: 04/17/2013)
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| 8 |
Filed: 4/3/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: On Plaintiff's motion for early discovery 3 , Plaintiff shall file a supplement to the motion that explains what criteria Plaintiff applied in deciding that the named Does (at least named via their ISP addresses) were part on one swarm. The supplement must include (but not be limited to) an explanation of why the defined swarm ranges in time from November 6, 2012 through December 25, 2012. Here is another area of inquiry: the named Does are limited to ISP addresses located in the Northern District of Illinois, which is an appropriate limitation for personal jurisdiction reasons, but if there were not a geographic limitation applied to the defined swarm, then would the number of defendants be greater than presently named? Any facts that form the premise of the supplement should be supported with an under-oath declaration, such as the one filed with the current motion. The supplement is due on or before 04/17/13. The motion hearing of 04/04/13 is reset to 05/06/13 at 9:30 a.m.Mailed notice (slb, ) (Entered: 04/03/2013)
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Request |
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| 7 |
Filed: 3/23/2013, Entered: None |
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NOTICE of Motion by Matthew Lee Stone for presentment of before Honorable Edmond E. Chang on 4/4/2013 at 09:00 AM. (Stone, Matthew) (Entered: 03/23/2013)
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Request |
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| 6 |
Filed: 3/22/2013, Entered: None |
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MINUTE entry before Honorable Edmond E. Chang: The electronic filing system notes that Judge Chang is not holding a motion call on March 28, 2013, but Plaintiff noticed a motion for that date. The motion is stricken. Mailed notice (slb, ) (Entered: 03/22/2013)
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Request |
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| 5 |
Filed: 3/22/2013, Entered: None |
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NOTICE of Motion by Matthew Lee Stone for presentment of motion for miscellaneous relief 3 before Honorable Edmond E. Chang on 3/28/2013 at 09:00 AM. (Stone, Matthew) (Entered: 03/22/2013)
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Request |
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| 4 |
Filed: 3/22/2013, Entered: None |
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MEMORANDUM by Zambezia Film Pty Ltd. in support of motion for miscellaneous relief 3 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stone, Matthew) (Entered: 03/22/2013)
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Request |
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| 3 |
Filed: 3/22/2013, Entered: None |
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MOTION by Plaintiff Zambezia Film Pty Ltd.Leave to File Expedited Discovery Prior to Rule 26(f) Conference (Stone, Matthew) (Entered: 03/22/2013)
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Request |
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| 2 |
Filed: 3/6/2013, Entered: None |
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ATTORNEY Appearance for Plaintiff Zambezia Film Pty Ltd. by Matthew Lee Stone (Stone, Matthew) (Entered: 03/06/2013)
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Request |
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| 1 |
Filed: 3/6/2013, Entered: None |
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COMPLAINT filed by Zambezia Film Pty Ltd.; Jury Demand. Filing fee $ 350, receipt number 0752-8117127. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(Stone, Matthew) (Entered: 03/06/2013)
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