Federal District Appellate
Massachusetts District Court Court of Appeals for the First Circuit

Small Justice LLC,et.al. v. Xcentric Ventures LLC

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:13-cv-11701-DJC
District Judge Denise J. Casper, presiding
Tags
District Judge Denise J. Casper
Last Updated March 17, 2017 at 1:03 AM EDT (8.7 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Christian Dupont, Plaintiff

Represented by Law Office of Richard Goren

Name Phone Fax E-Mail
Space Richard A. Goren +1 617 261 8585 +1 617 342 7080 rgoren@richardgorenlaw.com
No Logo Richard A Goren, Plaintiff

Represented by Bowditch & Dewey LLP

Name Phone Fax E-Mail
Space Michael P. Angelini +1 508 926 3400 +1 508 798 3537 mangelini@bowditch.com

Represented by Law Office of Richard Goren

Name Phone Fax E-Mail
Space Richard A. Goren +1 617 261 8585 +1 617 342 7080 rgoren@richardgorenlaw.com
No Logo Small Justice LLC, Plaintiff

Represented by Law Office of Richard Goren

Name Phone Fax E-Mail
Space Richard A. Goren +1 617 261 8585 +1 617 342 7080 rgoren@richardgorenlaw.com
No Logo Xcentric Ventures, LLC, Counter-Claimant

Represented by Booth Sweet LLP

Name Phone Fax E-Mail
Space Daniel G. Booth +1 646 573 6596 +1 617 250 8883 dan@danboothlaw.com

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
Space Maria Crimi Speth +1 602 248 1000 +1 602 248 0522 mcs@jaburgwilk.com
v.
No Logo Xcentric Ventures, LLC, Defendant

Represented by Booth Sweet LLP

Name Phone Fax E-Mail
Space Daniel G. Booth +1 646 573 6596 +1 617 250 8883 dan@danboothlaw.com

Represented by Jaburg & Wilk, PC

Name Phone Fax E-Mail
Space Maria Crimi Speth +1 602 248 1000 +1 602 248 0522 mcs@jaburgwilk.com
No Logo Christian Dupont, Counter-Defendant

Represented by Law Office of Richard Goren

Name Phone Fax E-Mail
Space Richard A. Goren +1 617 261 8585 +1 617 342 7080 rgoren@richardgorenlaw.com
Other Parties
Public Citizen, Inc. Public Citizen, Inc., Amicus
Officially listed as "Public Citizen"
Attributes
Office Boston
Filed 7/16/2013
Jury Demand Both
Demand
Nature of Suit 820 - Property Rights: Copyright
Cause Section 28 U.S.C. § 1338 Copyright Infringement
Jurisdiction Federal Question
Disposition Judgment - Motion Before Trial
County Middlesex
Terminated 3/27/2015
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases 15-1506[USCA - First Circuit], 16-1085[USCA - First Circuit]
Defendant Custody Status
Flags APPEAL,COPYRT
Timeline
  Entries (194) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Blank 196 Filed: 1/12/2017, Entered: 1/12/2017 Receipt from Financial Office
RECEIPT: Receipt # 1BST060296 for monies received on 01/12/2017 in amount of $30,000.00, re: [195] USCA Order.. (Coppola, Katelyn)
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Legal Document (Payment Possibly Required) 195 Filed: 1/4/2017, Entered: 1/4/2017 USCA Order
ORDER of USCA re: Appeal Bond as to [161] Notice of Appeal filed by Small Justice LLC, Richard A Goren, Christian Dupont (Paine, Matthew)
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Legal Document (Payment Possibly Required) 194 Filed: 9/21/2016, Entered: 9/21/2016 Supplemental ROA Sent to USCA
Supplemental Record on Appeal transmitted to US Court of Appeals re [190] Notice of Appeal [161] Notice of Appeal Documents included: ECF Nos. 188, 189, 193 (Paine, Matthew)
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Blank 193 Filed: 9/21/2016, Entered: 9/21/2016 Order on Motion for Miscellaneous ReliefCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered denying [188] Motion EMERGENCY RULE 58(e) ORDER re 178 Order on Motion to Amend, 179 Order on Motion to Stay, 180 Order on Motion to Vacate, 182 Supplemental MOTION for Attorney Fees by Christian Dupont, Richard A Goren, Small Justice LLC. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 192 Filed: 6/7/2016, Entered: 6/7/2016 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [182] Supplemental MOTION for Attorney Fees filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 191 Filed: 6/2/2016, Entered: 6/2/2016 Abbreviated Electronic Record on Appeal Sent to USCA
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re [190] Notice of Appeal. (Paine, Matthew)
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Blank  Filed: None, Entered: None Notice of Duplicate Filing Fee and Credit for Refund
ELECTRONIC NOTICE of Duplicate Filing Fee and Credit for Refund re [190] Notice of Appeal,,,,, for $505.00 paid on 06/01/2016, receipt number 0101-6136899. Fee not due for this filing. (Adam, Lucien)
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Legal Document (Payment Possibly Required) 190 Filed: 6/1/2016, Entered: 6/1/2016 Notice of Appeal
NOTICE OF APPEAL as to [180] Order on Motion to Vacate, [178] Order on Motion to Amend, [158] Order on Motion for Attorney Fees,,,,, [179] Order on Motion to Stay, [159] Order on Motion for Bond,,,,,,,,,, by Christian Dupont, Richard A Goren, Small Justice LLC Filing fee: $ 505, receipt number 0101-6136899 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 6/21/2016. (Goren, Richard)
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Legal Document (Payment Possibly Required) 189 Filed: 5/31/2016, Entered: 5/31/2016 Response to Motion
RESPONSE to Motion re [188] Emergency MOTION EMERGENCY RULE 58(e) ORDER re [178] Order on Motion to Amend, [179] Order on Motion to Stay, [180] Order on Motion to Vacate, [182] Supplemental MOTION for Attorney Fees filed by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A - Docketing Statement, # (2) Exhibit B - Motion to Stay, # (3) Exhibit C - Goren email)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 188 Filed: 5/25/2016, Entered: 5/25/2016, Terminated: 9/21/2016 Motion for Miscellaneous Relief
Emergency MOTION EMERGENCY RULE 58(e) ORDER re [178] Order on Motion to Amend, [179] Order on Motion to Stay, [180] Order on Motion to Vacate, [182] Supplemental MOTION for Attorney Fees by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit May 25, 2016 Order of First Circuit)(Goren, Richard)
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Legal Document (Payment Possibly Required) 187 Filed: 5/25/2016, Entered: 5/25/2016 Affidavit in Opposition to Motion
AFFIDAVIT of RICHARD GOREN in Opposition re [182] Supplemental MOTION for Attorney Fees OPP TO ECF# 183 NOT LISTED filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 186 Filed: 5/25/2016, Entered: 5/25/2016 Response to Motion
RESPONSE to Motion re [182] Supplemental MOTION for Attorney Fees RESPONSE TO ECF #183 NOT LISTED filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit May 25, 2016 Order of First Circuit)(Goren, Richard)
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Blank 185 Filed: 5/24/2016, Entered: 5/24/2016 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [184] Motion for Extension of Time to File Response/Reply re [182] Supplemental MOTION for Attorney Fees Responses due by 6/7/2016 (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 184 Filed: 5/23/2016, Entered: 5/23/2016, Terminated: 5/24/2016 Motion for Extension of Time to File Response/Reply
Assented to MOTION for Extension of Time to June 7, 2016 to File Response/Reply as to [182] Supplemental MOTION for Attorney Fees by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 183 Filed: 5/16/2016, Entered: 5/16/2016 Application for Writ
APPLICATION for Writ of Attachment by Xcentric Ventures LLC. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 182 Filed: 5/16/2016, Entered: 5/16/2016 Motion for Attorney Fees
Supplemental MOTION for Attorney Fees by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A - Speth Declaration, # (2) Exhibit B - Jaburg & Wilk Statement, # (3) Exhibit C - Booth Declaration, # (4) Exhibit D - Booth Sweet Statement)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 181 Filed: 5/2/2016, Entered: 5/2/2016 Supplemental ROA Sent to USCA
Supplemental Record on Appeal transmitted to US Court of Appeals re [161] Notice of Appeal Documents included: ECF Nos. 176-180 (Paine, Matthew)
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Blank 180 Filed: 5/2/2016, Entered: 5/2/2016 Order on Motion to VacateCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered denying [169] Motion to Vacate (Hourihan, Lisa)
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Blank 179 Filed: 5/2/2016, Entered: 5/2/2016 Order on Motion to StayCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered denying [162] Motion to Stay (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 178 Filed: 5/2/2016, Entered: 5/2/2016 Order on Motion to AmendCourt Filing
Judge Denise J. Casper: ORDER entered granting [160] Motion for findings ALLOWED to the extent noted in the attached Order. (Hourihan, Lisa)
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Blank 177 Filed: 5/2/2016, Entered: 5/2/2016 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [172] Motion for Leave to File Proposed Findings and Rulings in opposition to ECF #160 and in support of ECF #169 by Christian Dupont, Richard A Goren, Small Justice LLC. The Court considered D. 172-1 in its consideration of D. 160.(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 176 Filed: 3/28/2016, Entered: 3/28/2016 USCA Order
ORDER of USCA as to [161] Notice of Appeal filed by Small Justice LLC, Richard A Goren, Christian Dupon.ORDER entered: This court has docketed plaintiffs-appellants Small Justice LLC and Richard A. Goren's notice of appeal (D.E. No. 161), from the December 31, 2015 order granting defendant's renewed motion for attorneys' fees entered in No. 1:13-cv-11701-DJC (D. Mass.), as appeal no. 16-1085. Defendant filed a motion to amend the order awarding attorneys' fees (D.E. No. 160), and plaintiff filed a motion to vacate the order awarding attorneys' fees (D.E. No. 169), and those motions remain pending in the district court. Pursuant to Fed. R. App. P. 4 (a)(4)(A), the notice of appeal does not become effective until the district court disposes of the post-judgment motions. Therefore, appellant is directed to file a status report by April 27, 2016 and at thirty day intervals thereafter, informing this court of any action taken by the district court on the post-judgment motion. Further, the appellant is directed to inform this court whether he intends to file a notice of appeal or amended notice of appeal from the district court's post-judgment order. See Fed. R. App. P. 4(a)(4)(B). Failure to comply with this order may lead to dismissal of this appeal for lack of diligent prosecution. 1st Cir. R. 3.0(b). (Paine, Matthew)
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Legal Document (Payment Possibly Required) 175 Filed: 3/11/2016, Entered: 3/11/2016 Notice of Appearance
NOTICE of Appearance by Michael P. Angelini on behalf of Richard A Goren (Angelini, Michael)
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Legal Document (Payment Possibly Required) 174 Filed: 2/9/2016, Entered: 2/9/2016 Response to Motion
RESPONSE to Motion re [172] MOTION for Leave to File Proposed Findings and Rulings in opposition to ECF #160 and in support of ECF #169 filed by Xcentric Ventures LLC. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 173 Filed: 2/9/2016, Entered: 2/9/2016 Response to Motion
RESPONSE to Motion re [169] MOTION to Vacate [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, filed by Xcentric Ventures LLC. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 172 Filed: 2/7/2016, Entered: 2/7/2016, Terminated: 5/2/2016 Motion for Leave to File
MOTION for Leave to File Proposed Findings and Rulings in opposition to ECF #160 and in support of ECF #169 by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A Proposed Findings and Rulings)(Goren, Richard)
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Legal Document (Payment Possibly Required) 171 Filed: 2/1/2016, Entered: 2/1/2016 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [169] MOTION to Vacate [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, , [160] MOTION to Amend [158] Order on Motion for Attorney Fees,,,,, and IN SUPPORT OF 1-28-16 MOTION TO VACATE filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 170 Filed: 1/28/2016, Entered: 1/28/2016 Memorandum in Support of Motion
MEMORANDUM in Support re [169] MOTION to Vacate [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 169 Filed: 1/28/2016, Entered: 1/28/2016, Terminated: 5/2/2016 Motion to Vacate
MOTION to Vacate [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 168 Filed: 1/26/2016, Entered: 1/26/2016 Response to Motion
RESPONSE to Motion re [162] MOTION to Stay re [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, and TO VACATE BOND ORDER filed by Xcentric Ventures LLC. (Booth, Daniel)
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Blank 167 Filed: 1/22/2016, Entered: 1/22/2016 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [164] Motion for Extension of Time to File Response/Reply re [160] MOTION to Amend [158] Order on Motion for Attorney Fees,,,,, Responses due by 2/1/2016 (Hourihan, Lisa)
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Blank 166 Filed: 1/15/2016, Entered: 1/15/2016 USCA Case Number
USCA Case Number 16-1085 for [161] Notice of Appeal filed by Small Justice LLC, Richard A Goren, Christian Dupont. (Paine, Matthew)
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Legal Document (Payment Possibly Required) 165 Filed: 1/15/2016, Entered: 1/15/2016 Abbreviated Electronic Record on Appeal Sent to USCA
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re [161] Notice of Appeal. (Paine, Matthew)
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Legal Document (Payment Possibly Required) 164 Filed: 1/14/2016, Entered: 1/14/2016, Terminated: 1/22/2016 Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to February 15, 2016 to File Response/Reply as to [160] MOTION to Amend [158] Order on Motion for Attorney Fees,,,,, by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 163 Filed: 1/14/2016, Entered: 1/14/2016 Affidavit in Support
AFFIDAVIT in Support re [162] MOTION to Stay re [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, and TO VACATE BOND ORDER . (Goren, Richard)
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Legal Document (Payment Possibly Required) 162 Filed: 1/14/2016, Entered: 1/14/2016, Terminated: 5/2/2016 Motion to Stay
MOTION to Stay re [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, and TO VACATE BOND ORDER by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A First Circuit 1-14-16 ORDER)(Goren, Richard)
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Legal Document (Payment Possibly Required) 161 Filed: 1/14/2016, Entered: 1/14/2016 Notice of Appeal
NOTICE OF APPEAL as to [158] Order on Motion for Attorney Fees,,,,, [159] Order on Motion for Bond,,,,,,,,,, by Christian Dupont, Richard A Goren, Small Justice LLC Filing fee: $ 505, receipt number 0101-5929365 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 2/3/2016. (Goren, Richard)
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Legal Document (Payment Possibly Required) 160 Filed: 1/13/2016, Entered: 1/13/2016, Terminated: 5/2/2016 Motion to Amend
MOTION to Amend [158] Order on Motion for Attorney Fees,,,,, by Xcentric Ventures LLC. (Attachments: # (1) Text of Proposed Order)(Booth, Daniel)
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Blank 159 Filed: 12/31/2015, Entered: 12/31/2015 Order on Motion for BondCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [138] Motion for Bond. Having considered the motion, opposition, amicus brief, reply and sur-reply briefs, D. 138, 143, 150, 151, 154, 157, the Court ALLOWS the motion for a $30,000 appeal bond. Both the decision to require a bond and determine the amount of same are committed to the "sound discretion of the district court." Sckolnick v. Harlow, 820 F.2d 13, 15 (1st Cir. 1987); Fed. R. App. P. 7. The purpose of Fed. R. App. P. 7 is "to protect the rights of appellees brought into appeals courts" by appellants who pose a payment risk. Adsani v. Miller, 139 F.3d 67, 75 (2d Cir. 1998) (affirming district court's order requiring unsuccessful copyright infringement plaintiff to post a bond pending the outcome of her appeal). A bond may include attorneys' fees if they would be recoverable. Int'l Floor Crafts, Inc. v. Dziemit, 420 F. App'x 6, 17 (1st Cir. 2011).As to the likelihood of non-payment, Xcentric relies upon Plaintiffs' assertion that an award of any attorneys' fees (which this Court has now rewarded) would be financially devastating. D. 111 at 15-16. Having awarded such attorneys' fees and rejected Plaintiffs' arguments in opposition, the same arguments raised in opposition to the motion for the bond also cannot stand. D. 143 at 6. Moreover, Xcentric is correct that this Court need not find that the appeal is frivolous to conclude that a bond is warranted here. Dziemit, 420 F. App'x at 17 (affirming Fed. R. App. P. 7 bond that included appellate attorneys' fees among "costs on appeal" without evaluating the lower court's finding that the appeal bore "the indicia of frivolousness") (internal quotation marks omitted).Even if the appeal is not frivolous, this Court cannot say that Plaintiffs' appeal is reasonably likely to succeed, a matter that amicus, Public Citizen, does not dispute. D. 151 at 2, 5. Moreover, the Court disagrees with Plaintiffs' and amicus's suggestion that Xcentric's motion is designed to thwart Plaintiffs' appeal. Id. at 2. Such a result is not fully explained, particularly as Plaintiffs have already filed their notice of appeal and appellate brief in the First Circuit. D. 154-1 at 2 (indicating that the appellants filed their brief and appendix on November 9, 2015); see Small Justice LLC v. Xcentric Ventures LLC, No. 15-1506, 11/9/2015 Entry.For all these reasons, the motion for an appeals bond of $30,000 is ALLOWED. (Hourihan, Lisa)
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Blank 158 Filed: 12/31/2015, Entered: 12/31/2015 Order on Motion for Attorney FeesCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered re: [137] Motion for Attorney Fees. Defendant Xcentric Ventures LLC's ("Xcentric") renewed motion for an award of attorneys' fees and costs is allowed to the extent noted in this Order. First, the Court concludes that Xcentric's motion was timely filed under Fed. R. Civ. P. 54. The original was filed on April 10, 2015, D. 105, after judgment was entered on March 27, 2015, D. 104. Upon the Court's denial of same without prejudice, Xcentric filed the instant renewed motion consistent with the Court's order. Second, by any objective view of the record, Xcentric was the prevailing party and accordingly the Court may award attorneys' fees and costs pursuant to 17 U.S.C. § 505. As to the attorneys' fees, having reviewed the motion and exhibits, including billing records and affidavits, the Court finds that 526.70 hours of legal time incurred over two years, D. 137 at 16, was reasonable given the nature of the claims and motion practice. Moreover, the actual attorney rates billed were less than prevailing rates. Id. at 17-18. Upon this record, the Court ALLOWS the motion to the extent that it orders $123,176.50 in actual attorneys' fees bills and $1093.06 in costs to Xcentric. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 157 Filed: 12/29/2015, Entered: 12/29/2015 Sur-Reply to Motion
SUR-REPLY to Motion re [138] MOTION for Bond filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Blank 156 Filed: 12/29/2015, Entered: 12/29/2015 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [155] Motion for Leave to File Sur-reply in opposition to October 23, 2015 motion to require $30,000 appeal bond by Christian Dupont, Richard A Goren, Small Justice LLC; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 155 Filed: 12/23/2015, Entered: 12/23/2015, Terminated: 12/29/2015 Motion for Leave to File
Assented to MOTION for Leave to File Sur-reply in opposition to October 23, 2015 motion to require $30,000 appeal bond by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A Proposed Sur-reply)(Goren, Richard)
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Legal Document (Payment Possibly Required) 154 Filed: 12/21/2015, Entered: 12/21/2015 Reply to Response to Motion
REPLY to Response to [138] MOTION for Bond filed by Xcentric Ventures LLC. (Attachments: # (1) Exhibit)(Booth, Daniel)
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Blank 153 Filed: 12/21/2015, Entered: 12/21/2015 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [152] Motion for Leave to File Reply to Public Citizen, Inc.'s Amicus Curiae Brief by Xcentric Ventures LLC; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 152 Filed: 12/17/2015, Entered: 12/17/2015, Terminated: 12/21/2015 Motion for Leave to File
Assented to MOTION for Leave to File Reply to Public Citizen, Inc.'s Amicus Curiae Brief by Xcentric Ventures LLC. (Attachments: # (1) Exhibit, # (2) Exhibit)(Booth, Daniel)
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Amicus brief filed with OCR 151 Filed: 12/16/2015, Entered: 12/16/2015 Amicus brief filed
AMICUS BRIEF filed by Public Citizen . (Stern, Mark)
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Legal Document (Payment Possibly Required) 150 Filed: 12/16/2015, Entered: 12/16/2015 Reply to Response to Motion
Joint REPLY to Response to [137] MOTION for Attorney Fees , [138] MOTION for Bond filed by Xcentric Ventures LLC. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 149 Filed: 12/16/2015, Entered: 12/16/2015 Sur-Reply to Motion
SUR-REPLY to Motion re [137] MOTION for Attorney Fees filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Blank 148 Filed: 12/16/2015, Entered: 12/16/2015 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [145] Motion for Leave to File Sur-reply in opposition to October 20, 2015 Motion for an award of fees and costs by Christian Dupont, Richard A Goren, Small Justice LLC.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Blank 147 Filed: 12/16/2015, Entered: 12/16/2015 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [144] Motion for Leave to File Joint Reply in Support of Renewed Motion for an Award of Costs and Attorney's Fees, and Motion for an Order Requiring Plaintiffs to Post an Appeal Bond for Costs by Xcentric Ventures LLC.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Blank 146 Filed: 12/16/2015, Entered: 12/16/2015 Order on Motion for Miscellaneous ReliefCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [141] Motion for Leave to File Amicus Brief. Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 145 Filed: 12/15/2015, Entered: 12/15/2015, Terminated: 12/16/2015 Motion for Leave to File
Assented to MOTION for Leave to File Sur-reply in opposition to October 20, 2015 Motion for an award of fees and costs by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A Proposed Sur-reply)(Goren, Richard)
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Legal Document (Payment Possibly Required) 144 Filed: 12/4/2015, Entered: 12/4/2015, Terminated: 12/16/2015 Motion for Leave to File
MOTION for Leave to File Joint Reply in Support of Renewed Motion for an Award of Costs and Attorney's Fees, and Motion for an Order Requiring Plaintiffs to Post an Appeal Bond for Costs by Xcentric Ventures LLC. (Attachments: # (1) Exhibit Proposed Reply)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 143 Filed: 11/18/2015, Entered: 11/18/2015 Opposition to Motion
Opposition re [138] MOTION for Bond filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 142 Filed: 11/18/2015, Entered: 11/18/2015 Opposition to Motion
Opposition re [137] MOTION for Attorney Fees filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 141 Filed: 11/17/2015, Entered: 11/17/2015, Terminated: 12/16/2015 Motion for Miscellaneous Relief
MOTION Leave to File Amicus Brief by Public Citizen. (Attachments: # (1) Exhibit Proposed Brief, # (2) Text of Proposed Order Proposed Order, # (3) Exhibit Certificate of Service)(Stern, Mark)
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Legal Document (Payment Possibly Required) 140 Filed: 10/28/2015, Entered: 10/28/2015 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [139] Motion for Extension of Time to File Response/Reply re [138] MOTION for Bond , [137] MOTION for Attorney Fees Responses due by 11/18/2015 (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 139 Filed: 10/27/2015, Entered: 10/27/2015, Terminated: 10/28/2015 Motion for Extension of Time to File Response/Reply
Assented to MOTION for Extension of Time to November 18, 2015 to File Response/Reply as to [137] MOTION for Attorney Fees , [138] MOTION for Bond by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 138 Filed: 10/23/2015, Entered: 10/23/2015, Terminated: 12/31/2015 Motion for Bond
MOTION for Bond by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A (Small Justice LLC corporate filings))(Booth, Daniel)
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Legal Document (Payment Possibly Required) 137 Filed: 10/20/2015, Entered: 10/20/2015, Terminated: 12/31/2015 Motion for Attorney Fees
MOTION for Attorney Fees by Xcentric Ventures LLC. (Attachments: # (1) Affidavit Exhibit A - Declaration of Maria Crimi Speth, # (2) Exhibit Exhibit A1 - Jaburg & Wilk Statement of Fees and Costs, # (3) Affidavit Exhibit B - Declaration of David Gingras, # (4) Exhibit Exhibit B1 - Gingras Statement of Fees and Costs, # (5) Affidavit Exhibit C - Affidavit of Dan Booth, # (6) Exhibit Exhibit C1 - Booth Statement of Fees and Costs, # (7) Exhibit Exhibit D - AIPLA 2013 Survey Results)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 136 Filed: 10/7/2015, Entered: 10/7/2015 Sur-Reply to Motion
SUR-REPLY to Motion re [121] MOTION to Dismiss Counterclaim filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 135 Filed: 10/7/2015, Entered: 10/7/2015 Reply to Response to Motion
REPLY to Response to [129] MOTION to Amend [13] Amended Complaint filed by Christian Dupont. (Goren, Richard)
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Memorandum & ORDER with OCR 134 Filed: 9/30/2015, Entered: 9/30/2015 Memorandum & ORDERCourt Filing
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES the Plaintiffs' motion to amend the notice of appeal, D. 113; DENIES the Plaintiffs' motion for an indicative ruling pursuant to Rule 62.1, D. 118; and DENIES Dupont's motion to amend the first amended complaint, D. 129. The Court ALLOWS Xcentric's motion to dismiss the counterclaim, D. 121. The Court DENIES Xcentric's motion for Rule 11 sanctions, D. 132. Finally, the Court DENIES Xcentric's motion for fees and costs without prejudice. The Court hereby incorporates the footnote set forth at D. 115 into its Memorandum and Order dated March 27, 2015, D. 100, appending it as note 4 to the concluding sentence of Section V.A on page 11.(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 133 Filed: 9/24/2015, Entered: 9/24/2015 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [132] MOTION for Sanctions filed by Richard A Goren. (Attachments: # (1) Exhibit A 8-13-15 email service of Rule 11 Motion)(Goren, Richard)
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Legal Document (Payment Possibly Required) 132 Filed: 9/10/2015, Entered: 9/10/2015, Terminated: 9/30/2015 Motion for Sanctions
MOTION for Sanctions by Xcentric Ventures LLC.(Speth, Maria)
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Legal Document (Payment Possibly Required) 131 Filed: 9/1/2015, Entered: 9/1/2015, Terminated: 9/30/2015 Motion for Leave to File
MOTION for Leave to File Replly to Xcentric's Opposition to Rule 15(b) (2) motion by Christian Dupont. (Attachments: # (1) Exhibit A PROPOSED REPLY)(Goren, Richard)
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Blank 130 Filed: 8/13/2015, Entered: 8/13/2015 Opposition to Motion
Opposition re [129] MOTION to Amend [13] Amended Complaint filed by Xcentric Ventures LLC. (Speth, Maria)
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Blank 129 Filed: 7/30/2015, Entered: 7/30/2015, Terminated: 9/30/2015 Motion to Amend
MOTION to Amend [13] Amended Complaint by Christian Dupont. (Attachments: # (1) Exhibit A PROPOSED AMENDED COMPLAINT)(Goren, Richard)
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Legal Document (Payment Possibly Required) 128 Filed: 7/30/2015, Entered: 7/30/2015, Terminated: 9/30/2015 Motion for Leave to File
MOTION for Leave to File Surreply in support of objection to motion to dismiss counterclaim by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A PROPOSED SURREPLY)(Goren, Richard)
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Legal Document (Payment Possibly Required) 127 Filed: 7/23/2015, Entered: 7/23/2015 Reply to Response to Motion
REPLY to Response to [121] MOTION to Dismiss Counterclaim filed by Xcentric Ventures LLC. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 126 Filed: 7/23/2015, Entered: 7/23/2015 Reply to Response to Motion
REPLY to Response to [105] MOTION for Attorney Fees filed by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A (Goren website))(Booth, Daniel) (Main Document 126 replaced on 7/23/2015) (Maynard, Timothy).
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Legal Document (Payment Possibly Required) 125 Filed: 7/23/2015, Entered: 7/23/2015 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [123] Motion for Leave to File Reply in Further Support of Motion to Dismiss Counterclaim by Xcentric Ventures LLC; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 124 Filed: 7/23/2015, Entered: 7/23/2015 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [116] Motion for Leave to File Reply; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 123 Filed: 7/22/2015, Entered: 7/22/2015, Terminated: 7/23/2015 Motion for Leave to File
Assented to MOTION for Leave to File Reply in Further Support of Motion to Dismiss Counterclaim by Xcentric Ventures LLC. (Attachments: # (1) Exhibit Proposed Reply)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 122 Filed: 7/5/2015, Entered: 7/5/2015 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [121] MOTION to Dismiss Counterclaim filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 121 Filed: 6/19/2015, Entered: 6/19/2015, Terminated: 9/30/2015 Motion to Dismiss
MOTION to Dismiss Counterclaim by Xcentric Ventures LLC.(Booth, Daniel)
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Legal Document (Payment Possibly Required) 120 Filed: 6/19/2015, Entered: 6/19/2015 Response to Motion
RESPONSE to Motion re [118] MOTION to Vacate [104] Judgment filed by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A - Massachusetts Lawyers Weekly article)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 119 Filed: 6/5/2015, Entered: 6/5/2015 Memorandum of Law
MEMORANDUM OF LAW by Xcentric Ventures LLC to [115] Order,,,,,,,,,,,,. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 118 Filed: 6/5/2015, Entered: 6/5/2015, Terminated: 9/30/2015 Motion to Vacate
MOTION to Vacate [104] Judgment by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 117 Filed: 6/5/2015, Entered: 6/5/2015 Memorandum of Law
MEMORANDUM OF LAW by Christian Dupont, Richard A Goren, Small Justice LLC to [115] Order,,,,,,,,,,,,. (Goren, Richard)
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Blank 116 Filed: 5/22/2015, Entered: 5/22/2015, Terminated: 7/23/2015 Motion for Leave to File
MOTION for Leave to File by Xcentric Ventures LLC. (Attachments: # (1) Exhibit Proposed Reply, # (2) Exhibit A to Proposed Reply)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 115 Filed: 5/22/2015, Entered: 5/22/2015 OrderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered. Before the Court rules on the plaintiffs' motion to amend notice of appeal, D. 113, which the defendant opposes, D. 114, the Court wishes to raise an issue regarding the application of 17 U.S.C. § 204. Although judgment entered for Xcentric, D. 104, would not change even if Section 204 applies to Claim I, the Court is inclined to add a footnote (see below) regarding the analysis under Section 204 to the Memorandum and Order issued on 3/27/15, D. 100. The Court invites each party to be heard on this sole issue, if they wish, by filing a memorandum, not to exceed five pages, by 6/5/15. The Court will address the pending motion to amend notice of appeal after the parties have filed their memoranda regarding Section 204.Footnote [to be added to Memorandum & Order, D. 100]: Even if 17 U.S.C. § 204, D. 64 at 9, 21 n. 22, applies, the ultimate result here is the same. Section 204 provides that the transfer of a copyright is achieved only with an affirmative action on the part of the transferor, stating that "[a] transfer of copyright ownership, other than by operation of law, is not valid unless an instrument of conveyance, or note or memorandum of transfer, is in writing and signed by the owner of the rights conveyed or such owner's duly authorized agent." 17 U.S.C. § 204. Assuming a written and signed conveyance was required here, the browsewrap agreement was insufficient because it did not require the user's affirmative assent, instead relying on the user's use of the ROR as an expression of assent. See Murphy v. Lazarev, 589 Fed. Appx. 757, 765 (6th Cir. 2014) (explaining that "[a] written and signed conveyance is necessary to use copyright material"); cf. Metro. Reg'l Info. Sys., Inc. v. Am. Home Realty Network, Inc., 888 F. Supp. 2d 691, 696, 708 (D. Md. 2012), aff'd, 722 F.3d 591 (4th Cir. 2013) (enforcing online subscription agreement executed by users containing an exclusive assignment of copyright to uploaded photographs). Evaluated under Section 204, Xcentric did not acquire an exclusive license to the Reports by way of the terms and conditions, and DuPont, as the author of the Reports, retained copyright ownership. Even so, DuPont conveyed a nonexclusive, irrevocable license to Xcentric to display the Reports by means of the check box. Section 204's requirements are inapplicable to a nonexclusive license because it is not a "transfer of copyright ownership" under 17 U.S.C. § 101. See Murphy, 589 Fed. Appx. at 765 (stating that "a nonexclusive license may be granted orally, or may be implied from conduct" because "a nonexclusive license is not a transfer of ownership under 17 U.S.C. § 101 and is not, therefore, subject to the writing requirement of § 204") (internal quotation marks and alterations omitted). Under this scenario, Xcentric is not the owner of the copyright to the Reports, but it may display them in perpetuity. Accordingly, summary judgment still enters in Xcentric's favor. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 114 Filed: 5/20/2015, Entered: 5/20/2015 Opposition to Motion
Opposition re [113] MOTION to Amend [108] Notice of Appeal,,, filed by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A (Docketing Statement), # (2) Exhibit B (May email correspondence between counsel))(Booth, Daniel)
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Legal Document (Payment Possibly Required) 113 Filed: 5/15/2015, Entered: 5/15/2015, Terminated: 9/30/2015 Motion to Amend
MOTION to Amend [108] Notice of Appeal,,, by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A PROPOSED FILING)(Goren, Richard)
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Legal Document (Payment Possibly Required) 112 Filed: 5/8/2015, Entered: 5/8/2015 Affidavit in Opposition to Motion
AFFIDAVIT of Richard A. Goren in Opposition re [105] MOTION for Attorney Fees filed by Richard A Goren. (Goren, Richard)
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Legal Document (Payment Possibly Required) 111 Filed: 5/8/2015, Entered: 5/8/2015 Opposition to Motion
Opposition re [105] MOTION for Attorney Fees filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 110 Filed: 4/24/2015, Entered: 4/24/2015 USCA Case Number
USCA Case Number 15-1506 for [108] Notice of Appeal filed by Small Justice LLC, Richard A Goren, Christian Dupont. (Paine, Matthew)
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Legal Document (Payment Possibly Required) 109 Filed: 4/24/2015, Entered: 4/24/2015 Abbreviated Electronic Record on Appeal Sent to USCA
Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re [108] Notice of Appeal. (Paine, Matthew)
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Blank 108 Filed: 4/24/2015, Entered: 4/24/2015 Notice of Appeal
NOTICE OF APPEAL as to [104] Judgment by Christian Dupont, Richard A Goren, Small Justice LLC Filing fee: $ 505, receipt number 0101-5526081 Fee Status: Not Exempt. NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 5/14/2015. (Goren, Richard)
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Legal Document (Payment Possibly Required) 107 Filed: 4/15/2015, Entered: 4/15/2015 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [106] Motion for Extension of Time to File Response/Reply re [105] MOTION for Attorney Fees Responses due by 5/8/2015 (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 106 Filed: 4/14/2015, Entered: 4/14/2015, Terminated: 4/15/2015 Motion for Extension of Time to File Response/Reply
Assented to MOTION for Extension of Time to May 8, 2015 to File Response/Reply as to [105] MOTION for Attorney Fees by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 105 Filed: 4/10/2015, Entered: 4/10/2015, Terminated: 9/30/2015 Motion for Attorney Fees
MOTION for Attorney Fees by Xcentric Ventures LLC. (Attachments: # (1) Exhibit A)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 104 Filed: 3/27/2015, Entered: 3/27/2015 JudgmentCourt Filing
Judge Denise J. Casper: ORDER entered. JUDGMENT (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 103 Filed: 3/27/2015, Entered: 3/27/2015 Order on Motion to QuashCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered denying as moot [82] Motion to Quash Subpoena Duces Tecum to Darren Meade by Xcentric Ventures LLC (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 102 Filed: 3/27/2015, Entered: 3/27/2015 Order on Motion to StrikeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered denying [78] Motion to Strike Affidavit of Adam S. Kunz dated September 3, 2014 by Christian Dupont, Richard A Goren, Small Justice LLC. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 101 Filed: 3/27/2015, Entered: 3/27/2015 Order on Motion to QuashCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered. In light of the Court's ruling on the motion for summary judgment, D. 100, [70] Motion to Quash denied as moot. (Hourihan, Lisa)
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Blank 100 Filed: 3/27/2015, Entered: 3/27/2015 Memorandum & ORDERCourt Filing
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court ALLOWS Defendant's motion for summary judgment, D. 55.(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 98 Filed: 10/31/2014, Entered: 10/31/2014 Exhibit
EXHIBIT re [96] Notice of Supplemental Authorities EXHIBIT 3 by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 97 Filed: 10/31/2014, Entered: 10/31/2014 Exhibit
EXHIBIT 2 by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 96 Filed: 10/31/2014, Entered: 10/31/2014 Notice of Supplemental Authorities
Notice of Supplemental Authorities re [93] Consent MOTION for Leave to File Notice of Supplemental Authority (Attachments: # (1) Exhibit 1)(Goren, Richard)
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Legal Document (Payment Possibly Required) 95 Filed: 10/31/2014, Entered: 10/31/2014 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [93] Motion for Leave to File Notice of Supplemental Authority by Christian Dupont, Richard A Goren, Small Justice LLC.; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 94 Filed: 10/30/2014, Entered: 10/30/2014 Exhibit
EXHIBIT re [93] Consent MOTION for Leave to File Notice of Supplemental Authority by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit 3 to Exhibit A)(Goren, Richard)
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Legal Document (Payment Possibly Required) 93 Filed: 10/30/2014, Entered: 10/30/2014, Terminated: 10/31/2014 Motion for Leave to File
Consent MOTION for Leave to File Notice of Supplemental Authority by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A Proposed Notice of Supplemental Authority, # (2) Exhibit 1 to Exhibit A)(Goren, Richard)
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Legal Document (Payment Possibly Required) 92 Filed: 10/24/2014, Entered: 10/24/2014 Notice of Supplemental Authorities
Notice of Supplemental Authorities re [55] MOTION for Summary Judgment (Attachments: # (1) Exhibit Levitt v. Yelp, # (2) Exhibit Jones v. Dirty World)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 91 Filed: 10/24/2014, Entered: 10/24/2014 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [90] Motion for Leave to File Supplemental Authority; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 90 Filed: 10/23/2014, Entered: 10/23/2014, Terminated: 10/24/2014 Motion for Leave to File
MOTION for Leave to File by Xcentric Ventures LLC. (Attachments: # (1) Exhibit Proposed Notice of Supplemental Authority, # (2) Levitt v. Yelp, # (3) Jones v. Dirty World)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 89 Filed: 9/30/2014, Entered: 9/30/2014 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
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Blank 88 Filed: 9/30/2014, Entered: 9/30/2014 TranscriptCourt Filing
Transcript of Motion Hearing held on September 24, 2014, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 10/21/2014. Redacted Transcript Deadline set for 10/31/2014. Release of Transcript Restriction set for 12/29/2014. (Scalfani, Deborah)
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Legal Document (Payment Possibly Required) 87 Filed: 9/24/2014, Entered: 9/24/2014 Order on Motion for Summary JudgmentCourt Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 9/24/2014 re [55] MOTION for Summary Judgment filed by Xcentric Ventures LLC. Arguments. Court takes under advisement [55] Motion for Summary Judgment; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Goren for the plaintiffs. Maria Crimi Speth and Daniel Booth for the defendants.) (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 86 Filed: 9/19/2014, Entered: 9/19/2014 Response to Motion
RESPONSE to Motion re [78] MOTION to Strike [77] Affidavit of Adam S. Kunz dated September 3, 2014 filed by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 85 Filed: 9/17/2014, Entered: 9/17/2014 Opposition to Motion
Opposition re [82] MOTION to Quash Subpoena Duces Tecum to Darren Meade filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 84 Filed: 9/15/2014, Entered: 9/15/2014 Affidavit in Support
AFFIDAVIT in Support re [64] Memorandum in Opposition to Motion,, . (Goren, Richard)
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Legal Document (Payment Possibly Required) 83 Filed: 9/15/2014, Entered: 9/15/2014 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [33] Motion for Leave to File U.S. COPYRIGHT OFFICE CERTIFICATE OF COPYRIGHT REGISTRATION by Christian Dupont, Richard A Goren, Small Justice LLC (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 82 Filed: 9/11/2014, Entered: 9/11/2014, Terminated: 3/27/2015 Motion to Quash
MOTION to Quash Subpoena Duces Tecum to Darren Meade by Xcentric Ventures LLC.(Speth, Maria)
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Legal Document (Payment Possibly Required) 81 Filed: 9/9/2014, Entered: 9/9/2014 Order on Motion for Extension of TimeCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [80] Motion for Extension of Time to File Xcentric Ventures' Response to Plaintiffs' Statement of Additional Material Facts and Supplemental Statement of Facts in Support of its Motion for Summary Judgment and the Affidavit of Adam Kunz by Xcentric Ventures LLC One Day Late (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 80 Filed: 9/8/2014, Entered: 9/8/2014, Terminated: 9/9/2014 Motion for Extension of Time
MOTION for Extension of Time to September 3, 2014 to File Xcentric Ventures' Response to Plaintiffs' Statement of Additional Material Facts and Supplemental Statement of Facts in Support of its Motion for Summary Judgment and the Affidavit of Adam Kunz by Xcentric Ventures LLC.(Speth, Maria)
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Legal Document (Payment Possibly Required) 79 Filed: 9/5/2014, Entered: 9/5/2014 Affidavit in Support
AFFIDAVIT in Support re [78] MOTION to Strike [77] Affidavit of Adam S. Kunz dated September 3, 2014 . (Goren, Richard)
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Legal Document (Payment Possibly Required) 78 Filed: 9/5/2014, Entered: 9/5/2014, Terminated: 3/27/2015 Motion to Strike
MOTION to Strike [77] Affidavit of Adam S. Kunz dated September 3, 2014 by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 77 Filed: 9/3/2014, Entered: 9/3/2014 Affidavit
AFFIDAVIT of Adam S. Kunz re [76] Statement of Material Facts L.R. 56.1 by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 76 Filed: 9/3/2014, Entered: 9/3/2014 Statement of Material Facts L.R. 56.1
Statement of Material Facts L.R. 56.1 re [55] MOTION for Summary Judgment Re: Response to Statement of additional facts filed by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 75 Filed: 9/2/2014, Entered: 9/2/2014 Reply to Response to Motion
REPLY to Response to [55] MOTION for Summary Judgment filed by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 74 Filed: 9/2/2014, Entered: 9/2/2014 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [71] Motion for Extension of Time to File Response/Reply Responses due by 9/2/2014 (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 73 Filed: 8/29/2014, Entered: 8/29/2014 Affidavit in Opposition to Motion
AFFIDAVIT in Opposition re [70] MOTION to Quash filed by Small Justice LLC. (Attachments: # (1) Exhibit EXHIBIT A RETURN OF SERVICE OF SUBPOENA DUCES TECUM, # (2) Exhibit EXHIBIT B RETURN OF SERVICE OF DEPOSITION SUBPOENA)(Goren, Richard)
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Legal Document (Payment Possibly Required) 72 Filed: 8/29/2014, Entered: 8/29/2014 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [70] MOTION to Quash filed by Small Justice LLC. (Attachments: # (1) Text of Proposed Order PROPOSED ORDER ON MOTION TO QUASH OF DARREN MEADE)(Goren, Richard)
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Legal Document (Payment Possibly Required) 71 Filed: 8/28/2014, Entered: 8/28/2014, Terminated: 9/2/2014 Motion for Extension of Time to File Response/Reply
MOTION for Extension of Time to September 2, 2014 to File Response/Reply by Xcentric Ventures LLC. (Attachments: # (1) Declaration of Debra Gower)(Speth, Maria)
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Blank 70 Filed: 8/28/2014, Entered: 8/28/2014, Terminated: 3/27/2015 Motion to Quash
MOTION to Quash by Darren Mitchell Meade. (Attachments: # (1) Exhibit A)(Maynard, Timothy)
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Legal Document (Payment Possibly Required) 69 Filed: 8/11/2014, Entered: 8/11/2014 Answer to Counterclaim
AMENDED ANSWER to Counterclaim by Christian Dupont.(Goren, Richard)
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Blank 68 Filed: 8/11/2014, Entered: 8/11/2014 Notice (Other)
NOTICE by Christian Dupont RULE 15(a)(2) ASSENTED TO NOTICE OF AMENDMENT OF ANSWER TO COUNTERCLAIM (Attachments: # (1) Exhibit A AMENDED ANSWER TO COUNTERCLAIM)(Goren, Richard)
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Legal Document (Payment Possibly Required) 67 Filed: 8/7/2014, Entered: 8/7/2014 Notice of Hearing on MotionCourt Filing
ELECTRONIC NOTICE Setting Hearing on Motion [55] MOTION for Summary Judgment : NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 9/24/2014 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 66 Filed: 8/4/2014, Entered: 8/4/2014 Statement of Material Facts L.R. 56.1
Statement of Material Facts L.R. 56.1 re [55] MOTION for Summary Judgment Response to Plaintiff filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 65 Filed: 8/4/2014, Entered: 8/4/2014 Statement of Material Facts L.R. 56.1
Supplemental Statement of Material Facts L.R. 56.1 re [55] MOTION for Summary Judgment filed by Christian Dupont, Richard A Goren. (Attachments: # (1) Affidavit Spencer Neitzke, # (2) Affidavit Richard A. Goren)(Goren, Richard)
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Legal Document (Payment Possibly Required) 64 Filed: 8/4/2014, Entered: 8/4/2014 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [55] MOTION for Summary Judgment with certificate of service filed by Christian Dupont, Small Justice LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G, # (8) Exhibit H, # (9) Exhibit I, # (10) Exhibit J, # (11) Exhibit K, # (12) Exhibit L, # (13) Exhibit M, # (14) Exhibit N, # (15) Exhibit O, # (16) Exhibit P, # (17) Exhibit Q, # (18) Addendum A, # (19) Addendum B)(Goren, Richard)
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Legal Document (Payment Possibly Required) 62 Filed: 7/30/2014, Entered: 7/30/2014 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [61] Motion for Extension of Time to File Response/Reply re [55] MOTION for Summary Judgment Responses due by 8/4/2014. (Maynard, Timothy)
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Legal Document (Payment Possibly Required) 61 Filed: 7/30/2014, Entered: 7/30/2014, Terminated: 7/30/2014 Motion for Extension of Time to File Response/Reply
Emergency MOTION for Extension of Time to AUGUST 4, 2014 to File Response/Reply as to [55] MOTION for Summary Judgment by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 60 Filed: 7/24/2014, Entered: 7/24/2014 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [59] Motion for Leave to File Opposition in Excess of Twenty Pages. Opposition not to exceed 30 pages in length. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 59 Filed: 7/23/2014, Entered: 7/23/2014, Terminated: 7/24/2014 Motion for Leave to File
Consent MOTION for Leave to File Opposition to Xcentric's June 13, 2014 Motion for summary judgment in excess of 20 pages by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 58 Filed: 6/24/2014, Entered: 6/24/2014 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [57] Motion for Extension of Time to File Response/Reply re [55] MOTION for Summary Judgment Responses due by 7/30/2014 (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 57 Filed: 6/20/2014, Entered: 6/20/2014, Terminated: 6/24/2014 Motion for Extension of Time to File Response/Reply
Assented to MOTION for Extension of Time to July 30, 2014 to File Response/Reply as to [55] MOTION for Summary Judgment by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 56 Filed: 6/13/2014, Entered: 6/13/2014 Statement of Material Facts L.R. 56.1
Statement of Material Facts L.R. 56.1 re [55] MOTION for Summary Judgment filed by Xcentric Ventures LLC. (Attachments: # (1) Exhibit Exh. A -- Goren Superior Court Complaint, # (2) Exhibit Exh. B -- Goren Req and Aff for Entry of Default, # (3) Exhibit Exh. C -- Goren Ex-Parte App for Default Judgment, # (4) Exhibit Exh. D -- Goren Motion to Amend Default Judgment 072513, # (5) Exhibit Exh. E -- Goren Motion to Amend Default Judgment 032513, # (6) Exhibit Exh. F -- Goren Superior Court Amended Judgment, # (7) Affidavit Exh. G -- Affidavit of Adam S. Kunz)(Speth, Maria)
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Motion for Summary Judgment with OCR 55 Filed: 6/13/2014, Entered: 6/13/2014, Terminated: 3/27/2015 Motion for Summary Judgment
MOTION for Summary Judgment by Xcentric Ventures LLC.(Speth, Maria)
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Scheduling Order with OCR 54 Filed: 4/29/2014, Entered: 4/29/2014 Scheduling OrderCourt Filing
Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 53 Filed: 4/28/2014, Entered: 4/29/2014 Scheduling ConferenceCourt Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 4/28/2014. Initial disclosures due by 5/23/14. Amended Pleadings due by 9/30/2014. Fact discovery due by 2/13/15. Plaintiff's expert disclosures due by 3/13/15. Defendant's expert disclosures due by 4/13/15. Expert discovery to be completed by 5/13/2015. Summary Judgment Motions due by 6/12/2015. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Goren for the plaintiffs. Maria Speth and Daniel Booth for the defendant.) (Hourihan, Lisa)
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Blank 52 Filed: 4/28/2014, Entered: 4/28/2014 Notice (Other)
NOTICE by Xcentric Ventures LLC re [49] Answer to Amended Complaint, Counterclaim (Attachments: # (1) Errata A)(Speth, Maria)
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Legal Document (Payment Possibly Required) 51 Filed: 4/28/2014, Entered: 4/28/2014 Answer to Counterclaim
ANSWER to Counterclaim by Christian Dupont.(Goren, Richard)
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Legal Document (Payment Possibly Required) 50 Filed: 4/24/2014, Entered: 4/24/2014 Joint submission
JOINT SUBMISSION pursuant to Local Rule 16.1 by Xcentric Ventures LLC.(Booth, Daniel)
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Legal Document (Payment Possibly Required) 49 Filed: 4/7/2014, Entered: 4/7/2014 Answer to Amended Complaint
ANSWER to [13] Amended Complaint , COUNTERCLAIM against Christian Dupont by Xcentric Ventures LLC.(Speth, Maria)
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Legal Document (Payment Possibly Required) 48 Filed: 3/25/2014, Entered: 3/25/2014 Standing OrderCourt Filing
Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 47 Filed: 3/25/2014, Entered: 3/25/2014 Notice of Scheduling ConferenceCourt Filing
NOTICE of Scheduling Conference Scheduling Conference set for 4/28/2014 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 46 Filed: 3/25/2014, Entered: 3/25/2014 Order on Motion to Dismiss/Lack of JurisdictionCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered denying as moot [8] Motion to Dismiss for Lack of Jurisdiction in light of the filing of the amended complaint, D. 13. (Hourihan, Lisa)
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Memorandum & ORDER with OCR 45 Filed: 3/24/2014, Entered: 3/25/2014 Memorandum & ORDERCourt Filing
Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - Xcentric's Motion to Dismiss, D. 14, is ALLOWED in part and DENIED in part. The Plaintiffs' cross motion for partial Judgment on the Pleadings, D. 20, is DENIED.(Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 44 Filed: 3/21/2014, Entered: 3/21/2014 Request For Judicial Notice
Request for Judicial Notice by Xcentric Ventures LLC. (Attachments: # (1) Exhibit)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 43 Filed: 3/12/2014, Entered: 3/12/2014 Affidavit
AFFIDAVIT of David S. Gingras re [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 41 Filed: 3/10/2014, Entered: 3/10/2014 Affidavit in Support
AFFIDAVIT in Support re [40] Memorandum in Opposition to Motion, . (Attachments: # (1) Exhibit A CROSSMAN AFFIDAVIT, # (2) Exhibit B SMITH AFFIDAVIT)(Goren, Richard)
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Legal Document (Payment Possibly Required) 40 Filed: 3/10/2014, Entered: 3/10/2014 Memorandum in Opposition to Motion
Supplemental MEMORANDUM in Opposition re [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , [20] Cross MOTION for Judgment as a Matter of Law PURSUANT TO LEAVE GRANTED 3-3-14 filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 39 Filed: 3/5/2014, Entered: 3/5/2014 Notice of Filing of Official Transcript
NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah)
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Transcript with OCR 38 Filed: 3/5/2014, Entered: 3/5/2014 TranscriptCourt Filing
Transcript of Motion Hearing held on February 24, 2014, before Judge Denise J. Casper. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 3/26/2014. Redacted Transcript Deadline set for 4/7/2014. Release of Transcript Restriction set for 6/3/2014. (Scalfani, Deborah)
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Legal Document (Payment Possibly Required) 37 Filed: 3/3/2014, Entered: 3/3/2014 Affidavit
AFFIDAVIT of David Gingras re [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures LLC. (Speth, Maria)
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Legal Document (Payment Possibly Required) 36 Filed: 3/3/2014, Entered: 3/3/2014 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [35] Motion for Leave to File Submissions Post-Hearing; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 35 Filed: 2/28/2014, Entered: 2/28/2014, Terminated: 3/3/2014 Motion for Leave to File
Assented to MOTION for Leave to File SUBMISSIONS POST 2-27-14 HEARING by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 34 Filed: 2/27/2014, Entered: 2/28/2014 Order on Motion to Dismiss/Lack of JurisdictionCourt Filing
ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 2/27/2014 re [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Xcentric Ventures LLC, [20] Cross MOTION for Judgment as a Matter of Law filed by Small Justice LLC, Richard A Goren, Christian Dupont. Arguments. Court takes under advisement [8] Motion to Dismiss for Lack of Jurisdiction; takes under advisement [14] Motion to Dismiss for Failure to State a Claim; takes under advisement [14] Motion to Dismiss for Lack of Jurisdiction; takes under advisement [20] Motion for Judgment as a Matter of Law; Court allows counsel to file supplemental papers, defendant by the close of business on 3/3/14. Any opposition to be filed by 3/10/14. Memos not to exceed 5 pages. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Richard Goren for the plaintiff. Maria Crimi Speth and Daniel Booth for the defendant.) (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 33 Filed: 2/12/2014, Entered: 2/12/2014, Terminated: 9/15/2014 Motion for Leave to File
Assented to MOTION for Leave to File U.S. COPYRIGHT OFFICE CERTIFICATE OF COPYRIGHT REGISTRATION by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A PROPOSED FILING)(Goren, Richard)
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Legal Document (Payment Possibly Required) 32 Filed: 2/12/2014, Entered: 2/12/2014 Notice of Hearing on MotionCourt Filing
ELECTRONIC NOTICE Resetting Hearing on Motion [8] MOTION to Dismiss for Lack of Jurisdiction , [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , [20] Cross MOTION for Judgment as a Matter of Law : Motion Hearing set for 2/27/2014 03:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 31 Filed: 1/14/2014, Entered: 1/14/2014 Notice of Hearing on MotionCourt Filing
ELECTRONIC NOTICE Setting Hearing on Motion [8] MOTION to Dismiss for Lack of Jurisdiction , [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction , [20] Cross MOTION for Judgment as a Matter of Law : NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. A RESPONSE FROM EACH PARTY IS REQUIRED. Motion Hearing set for 2/25/2014 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 30 Filed: 12/10/2013, Entered: 12/10/2013 Errata
NOTICE OF Errata by Christian Dupont, Richard A Goren, Small Justice LLC to [29] Affidavit in Support . (Attachments: # (1) Exhibit A-2 (PREVIOUSLY OMITTED), # (2) Exhibit A-3 (CORRECTED))(Goren, Richard)
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Legal Document (Payment Possibly Required) 29 Filed: 12/10/2013, Entered: 12/10/2013 Affidavit in Support
AFFIDAVIT in Support re [28] Sur-Reply to Motion . (Attachments: # (1) Exhibit A-1, # (2) Exhibit A-2, # (3) Exhibit A-3, # (4) Exhibit A-4, # (5) Exhibit B)(Goren, Richard)
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Legal Document (Payment Possibly Required) 28 Filed: 12/10/2013, Entered: 12/10/2013 Sur-Reply to Motion
SUR-REPLY to Motion re [8] MOTION to Dismiss for Lack of Jurisdiction , [20] Cross MOTION for Judgment as a Matter of Law filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 27 Filed: 12/10/2013, Entered: 12/10/2013 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [26] Motion for Leave to File Sur-Reply in Support of Plaintiffs' Opposition to Defendant's Motion to Dismiss and in Reply to Defendant's Response to Plaintiffs' Cross Motion for Judgment on the Pleadings; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 26 Filed: 11/25/2013, Entered: 11/25/2013, Terminated: 12/10/2013 Motion for Leave to File
MOTION for Leave to File SURREPLY and REPLY by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit PROPOSED SURREPLY and REPLY)(Goren, Richard)
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Legal Document (Payment Possibly Required) 25 Filed: 11/20/2013, Entered: 11/20/2013 Response to Motion
RESPONSE to Motion re [20] Cross MOTION for Judgment as a Matter of Law filed by Xcentric Ventures LLC. (Booth, Daniel)
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Blank 24 Filed: 11/20/2013, Entered: 11/20/2013 Reply to Response to Motion
REPLY to Response to [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by Xcentric Ventures LLC. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 23 Filed: 10/18/2013, Entered: 10/18/2013 Order on Motion for Leave to FileCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [22] Motion for Leave to File Reply in Further Support of Defendant's Motion to Dismiss First Amended Complaint; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document.; granting [22] Motion for Extension of Time to File Response/Reply re [20] Cross MOTION for Judgment as a Matter of Law (Responses due by 11/20/2013) (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 22 Filed: 10/17/2013, Entered: 10/17/2013, Terminated: 10/18/2013 Motion for Leave to File
Assented to MOTION for Leave to File Reply in Further Support of Motion to Dismiss, Assented to MOTION for Extension of Time to 11/20/2013 to File Response/Reply as to [20] Cross MOTION for Judgment as a Matter of Law ( Responses due by 10/31/2013) by Xcentric Ventures LLC.(Booth, Daniel)
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Legal Document (Payment Possibly Required) 21 Filed: 10/15/2013, Entered: 10/15/2013 Memorandum in Opposition to Motion
MEMORANDUM in Opposition re [8] MOTION to Dismiss for Lack of Jurisdiction , [20] Cross MOTION for Judgment as a Matter of Law filed by Christian Dupont, Richard A Goren, Small Justice LLC. (Goren, Richard)
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Legal Document (Payment Possibly Required) 20 Filed: 10/15/2013, Entered: 10/15/2013, Terminated: 3/24/2014 Motion for Judgment as a Matter of Law
Cross MOTION for Judgment as a Matter of Law by Christian Dupont, Richard A Goren, Small Justice LLC. (Attachments: # (1) Affidavit In support of opposition to motion to dismiss and in support of motion for partial judgment on pleadings)(Goren, Richard)
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Legal Document (Payment Possibly Required) 19 Filed: 10/15/2013, Entered: 10/15/2013 Order on Motion for Leave to File Excess PagesCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [18] Motion for Leave to File Excess Pages. Allowed up to 30 pages in length ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Maynard, Timothy)
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Legal Document (Payment Possibly Required) 18 Filed: 10/11/2013, Entered: 10/11/2013, Terminated: 10/15/2013 Motion for Leave to File Excess Pages
Assented to MOTION for Leave to File Excess Pages in Opposition to defendant's motion to dismiss by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 17 Filed: 9/25/2013, Entered: 9/25/2013 Order on Motion for Extension of Time to File Response/ReplyCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [16] Motion for Extension of Time to File Response/Reply re [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction Responses due by 10/15/2013 (Hourihan, Lisa)
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Legal Document (Payment Possibly Required) 16 Filed: 9/24/2013, Entered: 9/24/2013, Terminated: 9/25/2013 Motion for Extension of Time to File Response/Reply
Assented to MOTION for Extension of Time to October 15, 2013 to File Response/Reply as to [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by Christian Dupont, Richard A Goren, Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 15 Filed: 9/16/2013, Entered: 9/16/2013 Affidavit in Support
AFFIDAVIT in Support re [14] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction . (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E, # (6) Exhibit F, # (7) Exhibit G)(Booth, Daniel)
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Blank 14 Filed: 9/16/2013, Entered: 9/16/2013, Terminated: 3/24/2014 Motion to Dismiss for Failure to State a Claim
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction ( Responses due by 9/30/2013) by Xcentric Ventures LLC.(Booth, Daniel)
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Legal Document (Payment Possibly Required) 13 Filed: 9/2/2013, Entered: 9/2/2013 Amended Complaint
AMENDED COMPLAINT FIRST AMENDED COMPLAINT against Xcentric Ventures LLC, filed by Richard A Goren, Small Justice LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C)(Goren, Richard)
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Legal Document (Payment Possibly Required) 12 Filed: 8/19/2013, Entered: 8/19/2013 OrderCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered. granting [11] Emergency MOTION for Extension of Time to September 13, 2013 to File Answer re [8] MOTION to Dismiss for Lack of Jurisdiction until September 13, 2013. (Maynard, Timothy)
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Legal Document (Payment Possibly Required) 11 Filed: 8/16/2013, Entered: 8/16/2013, Terminated: 8/19/2013 Motion for Extension of Time to File Answer
Emergency MOTION for Extension of Time to September 13, 2013 to File Answer re [8] MOTION to Dismiss for Lack of Jurisdiction by Small Justice LLC.(Goren, Richard)
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Legal Document (Payment Possibly Required) 10 Filed: 8/9/2013, Entered: 8/9/2013 Order on Motion for Leave to AppearCourt Filing
Judge Denise J. Casper: ELECTRONIC ORDER entered granting [9] Motion for Leave to Appear Pro Hac Vice Added Maria Crimi Speth. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Maynard, Timothy)
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Legal Document (Payment Possibly Required) 9 Filed: 8/8/2013, Entered: 8/8/2013, Terminated: 8/9/2013 Motion for Leave to Appear Pro Hac Vice
MOTION for Leave to Appear Pro Hac Vice for admission of Maria Crimi Speth Filing fee: $ 100, receipt number 0101-4582336 by Xcentric Ventures LLC. (Attachments: # (1) Affidavit)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 8 Filed: 8/8/2013, Entered: 8/8/2013, Terminated: 3/25/2014 Motion to Dismiss
MOTION to Dismiss for Lack of Jurisdiction by Xcentric Ventures LLC. (Attachments: # (1) Affidavit, # (2) Exhibit, # (3) Exhibit, # (4) Exhibit)(Booth, Daniel)
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Legal Document (Payment Possibly Required) 7 Filed: 8/8/2013, Entered: 8/8/2013 Corporate Disclosure Statement
CORPORATE DISCLOSURE STATEMENT by Xcentric Ventures LLC identifying Corporate Parent Creative Business Investment Concepts, Inc. for Xcentric Ventures LLC.. (Booth, Daniel)
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Legal Document (Payment Possibly Required) 6 Filed: 8/8/2013, Entered: 8/8/2013 Notice of Appearance
NOTICE of Appearance by Daniel G. Booth on behalf of Xcentric Ventures LLC (Booth, Daniel)
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Legal Document (Payment Possibly Required) 5 Filed: 7/16/2013, Entered: 7/16/2013 Summons Issued
Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Geraldino-Karasek, Clarilde)
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Legal Document (Payment Possibly Required) 4 Filed: 7/16/2013, Entered: 7/16/2013 Civil Cover Sheet & Category Sheet
Category Sheet re [1] Complaint by Small Justice LLC. (Goren, Richard) Modified docket text on 7/16/2013 (Geraldino-Karasek, Clarilde).
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Legal Document (Payment Possibly Required) 3 Filed: 7/16/2013, Entered: 7/16/2013 Notice of Case AssignmentCourt Filing
ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Robert B. Collings. (Abaid, Kimberly)
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Legal Document (Payment Possibly Required) 2 Filed: 7/16/2013, Entered: 7/16/2013 Report on the filing/termination of copyright case
REPORT on the Filing of Copyright case. Re-Docketed by Court Staff. Please note that Form AO-121 is to be filed as Separate Entry. (Geraldino-Karasek, Clarilde)
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Blank 1 Filed: 7/16/2013, Entered: 7/16/2013 Complaint
COMPLAINT against All Plaintiffs Filing fee: $ 400, receipt number 0101-4545896 (Fee Status: Filing Fee paid), filed by SMALL JUSTICE LLC. (Attachments: # (1) Civil Cover Sheet )(Goren, Richard) Modified on 7/16/2013 to remove and re-docket Form AO-121 as separate entry . (Geraldino-Karasek, Clarilde). (Main Document 1 replaced on 7/16/2013 to disclose Exhibits properly) . (Additional attachment added on 7/16/2013: # (3) Exhibits) (Geraldino-Karasek, Clarilde).
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