(JCx), AO121, CLOSED, DISCOVERY, MANADR, PROTORD

UNITED STATES DISTRICT COURT for the CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:11-cv-06203-JFW-JC
Elissa Tedesco v. Sandi Pepe et al Assigned to: Judge John F. Walter Referred to: Magistrate Judge Jacqueline Chooljian Cause: 17:101 Copyright Infringement Plaintiff Elissa Tedesco represented by Michael D Harris Socal Ip Law Group 310 North Westlake Boulevard Suite 120 Westlake Village, CA 91362-3788 805-230-1350 Fax: 805-230-1355 Email: mharris@socalip.com LEAD ATTORNEY ATTORNEY TO BE NOTICED David Nathan Schultz 8050 Melrose Ave., 2nd Floor Los Angeles, CA 90046-7015 323-651-2700 Fax: 323-651-3726 Email: schu1984@yahoo.com TERMINATED: 03/20/2012 ATTORNEY TO BE NOTICED Meenakshi Kala Sarvaiya SoCal IP Law Group LLP 310 N. Westlake Blvd., Suite 120 Westlake Village, CA 91362 805-230-1350 Fax: 805 230 1355 Email: ksarvaiya@socalip.com ATTORNEY TO BE NOTICED Peter David Gordon Peter Gordon and Associates 8050 Melrose Avenue 2nd Floor Los Angeles, CA 90046-7015 213-651-5111 Fax: 323-651-3726 Email: peter@lawnet1.com TERMINATED: 03/20/2012 ATTORNEY TO BE NOTICED Date Filed: 07/27/2011 Date Terminated: 07/17/2012 Jury Demand: Plaintiff Nature of Suit: 820 Copyright Jurisdiction: Federal Question

V. Defendant Sandi Pepe an individual Defendant Peter Pepe an individual Defendant Allison Grodner an individual represented by Robert H Rotstein Mitchell Silberberg and Knupp LLP 11377 West Olympic Blvd Los Angeles, CA 90064-1683 310-312-2000 Fax: 310-312-3100 Email: rxr@msk.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt Mitchell Silberberg & Knupp LLP 11377 West Olympic Boulevard Los Angeles, CA 90064-1683 310-312-2000 Fax: 310-312-3100 Email: efe@msk.com ATTORNEY TO BE NOTICED Defendant Richard Meehan an individual represented by Robert H Rotstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt (See above for address) ATTORNEY TO BE NOTICED Defendant Amy Palmer an individual represented by Robert H Rotstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt (See above for address) ATTORNEY TO BE NOTICED Defendant

Louise Roe an individual

represented by Robert H Rotstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt (See above for address) ATTORNEY TO BE NOTICED

Defendant Fly On The Wall Entertainment Inc a California corporation represented by Robert H Rotstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt (See above for address) ATTORNEY TO BE NOTICED Defendant Sony Pictures Television Inc a Delaware corporation represented by Robert H Rotstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt (See above for address) ATTORNEY TO BE NOTICED Defendant CW Network LLC The, a Delaware limited liability company represented by Robert H Rotstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt (See above for address) ATTORNEY TO BE NOTICED Defendant MTV Networks Enterprises Inc a Delaware corporation represented by Robert H Rotstein (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Emily F Evitt (See above for address) ATTORNEY TO BE NOTICED Defendant Does 1 to 10 inclusive

TERMINATED: 12/02/2011

Date Filed 07/27/2011

# 1

Docket Text COMPLAINT against Defendants. Case assigned to Judge John F. Walter for all further proceedings. Discovery referred to Magistrate Judge Jacqueline Chooljian.(Filing fee $ 350 Paid.) Jury Demanded., filed by Plaintiff Elissa Tedesco. (et) (mg). (Entered: 07/27/2011) 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Peter Pepe, Sandi Pepe, Louise Roe, Sony Pictures Television Inc. (et) (Entered: 07/27/2011)

07/27/2011

07/27/2011 07/27/2011 07/27/2011 07/28/2011 09/30/2011

2 3 4 5 6

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Elissa Tedesco. (et) (mg). (Entered: 07/27/2011) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Elissa Tedesco. (et) (Entered: 07/27/2011) NOTICE TO PARTIES OF ADR PROGRAM filed. (et) (Entered: 07/27/2011) STANDING ORDER by Judge John F. Walter (se) (Entered: 07/28/2011) PROOF OF SERVICE Executed by Plaintiff Elissa Tedesco, upon Defendant Sandi Pepe served on 8/3/2011, answer due 8/24/2011. Service of the Summons and Complaint were executed upon Defendant Sandi Pepe, an individual in compliance with statute not specified by personal service. Original Summons returned. (Gordon, Peter) (Entered: 09/30/2011) PROOF OF SERVICE Executed by Plaintiff Elissa Tedesco, upon Defendant Peter Pepe served on 8/8/2011, answer due 8/29/2011. Service of the Summons and Complaint were executed upon Defendant Peter Pepe, an individual in compliance with Federal Rules of Civil Procedure by substituted service at home address and by also mailing a copy. Original Summons returned. (Gordon, Peter) (Entered: 09/30/2011) REQUEST for Clerk to Enter Default against Defendants Peter Pepe, Sandi Pepe filed by Plaintiff Elissa Tedesco. Request set for hearing on 10/31/2011 at 01:30 PM before Judge John F. Walter. (Gordon, Peter) (Entered: 10/03/2011) DEFAULT BY CLERK ENTERED as to Defendants Peter Pepe, Sandi Pepe. (jp) (Entered: 10/05/2011) Corporate Disclosure and Notice of Interested Parties filed by Defendant MTV Networks Enterprises Inc, identifying Viacom International Inc.; Viacom Inc.. (Evitt, Emily) (Entered: 10/11/2011) STIPULATION Extending Time to Answer the complaint as to MTV

09/30/2011

10/03/2011

10/05/2011 10/11/2011

9 10

10/11/2011

11

Networks Enterprises Inc answer now due 10/28/2011, re Complaint (Discovery) 1 filed by Defendant MTV Networks Enterprises Inc.(Evitt, Emily) (Entered: 10/11/2011) 10/12/2011 19 NOTICE OF DISCREPANCY AND ORDER by Judge John F. Walter, ORDERING Notice of Bankruptcy Stay submitted by Defendants Peter Pepe, Sandi Pepe received on 10/7/2011 is not to be filed but instead rejected. Denial based on: General Order 08-02 Case is designated for electronic filing. (Attachments: # 1 Received and Returned Notice of Bankruptcy Stay) (jp) (Entered: 10/14/2011) PROOF OF SERVICE Executed by Plaintiff Elissa Tedesco, upon Defendant Allison Grodner served on 9/29/2011, answer due 10/20/2011. Service of the Summons and Complaint were executed upon Defendant Allison Grodner, an individual in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons returned. (Gordon, Peter) (Entered: 10/13/2011) PROOF OF SERVICE Executed by Plaintiff Elissa Tedesco, upon Defendant Amy Palmer served on 9/29/2011, answer due 10/20/2011. Service of the Summons and Complaint were executed upon Defendant Amy Palmer, an individual in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons returned. (Gordon, Peter) (Entered: 10/13/2011) PROOF OF SERVICE Executed by Plaintiff Elissa Tedesco, upon Defendant Richard Meehan served on 9/23/2011, answer due 10/14/2011. Service of the Summons and Complaint were executed upon Defendant Richard Meehan, an individual in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Gordon, Peter) (Entered: 10/13/2011) PROOF OF SERVICE Executed by Plaintiff Elissa Tedesco, upon Defendant Fly On The Wall Entertainment Inc served on 9/23/2011, answer due 10/14/2011. Service of the Summons and Complaint were executed upon Defendant FLY ON THE WALL ENTERTAINMENT, INC., a California Corporation in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed. Original Summons returned. (Gordon, Peter) (Entered: 10/13/2011) PROOF OF SERVICE Executed by Plaintiff Elissa Tedesco, upon Defendant CW Network LLC served on 9/22/2011, answer due 10/13/2011. Service of the Summons and Complaint were executed upon Defendant THE CW NETWORK, LLC, a Delaware Limited Liability Company in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Gordon, Peter) (Entered: 10/13/2011) Corporate Disclosure and NOTICE of Interested Parties filed by Defendant Fly On The Wall Entertainment Inc, identifying None. (Evitt, Emily) (Entered: 10/14/2011)

10/13/2011

12

10/13/2011

13

10/13/2011

14

10/13/2011

15

10/13/2011

16

10/14/2011

17

10/14/2011

18

STIPULATION Extending Time to Answer the complaint as to Fly On The Wall Entertainment Inc answer now due 10/28/2011, re Complaint (Discovery) 1 filed by Defendant Fly On The Wall Entertainment Inc.(Evitt, Emily) (Entered: 10/14/2011) Corporate Disclosure and Notice of Interested Parties filed by Defendant CW Network LLC, identifying CBS Corporation, and Time Warner, Inc.. (Evitt, Emily) (Entered: 10/19/2011) STIPULATION Extending Time to Answer the complaint as to CW Network LLC answer now due 10/28/2011, re Complaint - (Discovery) 1 filed by Defendant CW Network LLC.(Evitt, Emily) (Entered: 10/19/2011) DECLARATION of Robert H. Rotstein re Order 5 filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, MTV Networks Enterprises Inc, Sony Pictures Television Inc. (Rotstein, Robert) (Entered: 10/19/2011) NOTICE Bankruptcy Stay filed by Defendants Peter Pepe, Sandi Pepe. , with Proof of Service (Hayes, M) (Entered: 10/20/2011) MINUTE ORDER IN CHAMBERS by Judge John F. Walter. In light of the Automatic Bankruptcy Stay now in effect in this action, the Court hereby ORDERS this matter administratively closed, pending the outcome of said Bankruptcy proceedings and/or further order of this Court. (Made JS-6. Case Terminated.) (kbr) (Entered: 10/24/2011) REQUEST for Removal of REMOVAL FROM CALENDAR, OR CONTINUING FOR NOT LESS THAN 90 DAYS, THE OCTOBER 31, 2011 ENTRY OF DEFAULT HEARING, BY OPERATION OF THE AUTOMATIC STAY IN THE CHAPTER 7 CASE OF DEFENDANTS SANDI & PETER PEPE, WITH PROOF OF SERVICE filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 10/24/2011) MINUTES (IN CHAMBERS) ORDER by Judge John F. Walter: This case was previously closed in error. Prosecution of this action has been stayed by the filing ofa bankruptcy petition as to Defendants Peter Pepe and Sandi Pepe only. The case is reopened as to all other remaining defendants. The first such report is to be filed on 12/1/2011. Successive reports shall be filed every ninety (90)days thereafter. Each report must indicate the date on which the next report is due. The Request for Removal from Calendar, or Continuing for Not less than 90 Days, the Presently Scheduled Entry of Default Hearing by Operation of the Automatic Stay in the Chapter 7 Bankruptcy Case of Defendants Sandi and Peter Pepe [filed 10/24/11, doc 25 ] is DENIED AS MOOT. The clerk entered default as to these defendants on 10/5/2011. As to the remaining parties, counsel are hereby notified that a Scheduling Conference has been set for 12/12/2011 at 8:30 AM. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report and a ADR Program Questionnaire, on or before 12/1/2011. (MD JS-5. Case Reopened.) (jp) (Entered: 10/25/2011) Certification and Notice of Interested Parties filed by Defendant Allison Grodner, identifying None. (Evitt, Emily) (Entered: 10/26/2011)

10/19/2011

20

10/19/2011

21

10/19/2011

22

10/20/2011 10/24/2011

23 24

10/24/2011

25

10/25/2011

26

10/26/2011

27

10/26/2011 10/26/2011 10/26/2011

28 29 30

Certification and Notice of Interested Parties filed by Defendant Amy Palmer, identifying None. (Evitt, Emily) (Entered: 10/26/2011) Certification and Notice of Interested Parties filed by Defendant Richard Meehan, identifying None. (Evitt, Emily) (Entered: 10/26/2011) STIPULATION Extending Time to Answer the complaint as to Allison Grodner answer now due 10/28/2011, re Complaint - (Discovery) 1 filed by Defendant Allison Grodner.(Evitt, Emily) (Entered: 10/26/2011) STIPULATION Extending Time to Answer the complaint as to Amy Palmer answer now due 10/28/2011, re Complaint - (Discovery) 1 filed by Defendant Amy Palmer.(Evitt, Emily) (Entered: 10/26/2011) STIPULATION Extending Time to Answer the complaint as to Richard Meehan answer now due 10/28/2011, re Complaint - (Discovery) 1 filed by Defendant Richard Meehan.(Evitt, Emily) (Entered: 10/26/2011) NOTICE OF MOTION AND MOTION to Dismiss Case filed by Certain Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. Motion set for hearing on 11/28/2011 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Declaration of Pamela Burchette, # 2 Proposed Order)(Rotstein, Robert) (Entered: 10/28/2011) NOTICE of Manual Filing filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc of DVDs containing episodes 101 through 106 of television program Plain Jane. (Rotstein, Robert) (Entered: 10/28/2011) REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case 33 filed by Certain Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. (Rotstein, Robert) (Entered: 10/28/2011) NOTICE OF LODGING filed by Certain Defendants: Allison Grodner; Richard Meehan; Amy Palmer; Louise Roe; Fly On The Wall Entertainment, Inc.; MTV Networks Enterprises Inc.; Sony Pictures Television Inc.; and The CW Network, LLC of Authority Cited in re MOTION to Dismiss Case 33 (Rotstein, Robert) (Entered: 10/28/2011) PROOF OF SERVICE filed by Certain Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc, re Request for Judicial Notice, Request for Relief,, 35 , MOTION to Dismiss Case 33 , Notice of Lodging, 36 served on October 28, 2011. (Rotstein, Robert) (Entered: 10/28/2011) DVD EXHIBITS G-L in Support of Defendants' Motion to Dismiss Under F.R.Civ.P. 12(B)(6) 33 and Defendants' Request for Judicial Notice filed by Defendants Allison Grodner, Richard Meehan, Amy Palmer, Louise Roe, Fly On The Wall Entertainment, Inc., MTV Networks Enterprises

10/26/2011

31

10/26/2011

32

10/28/2011

33

10/28/2011

34

10/28/2011

35

10/28/2011

36

10/28/2011

37

10/28/2011

38

Inc., Sony Pictures Television Inc., and The CW Network, LLC. (gk) (Entered: 10/31/2011) 11/02/2011 39 STIPULATION to Continue Hearing Date on Defendants' Motion to Dismiss from November 28, 2011 to December 19, 2011 Re: MOTION to Dismiss Case 33 filed by Plaintiff Elissa Tedesco. (Attachments: # 1 Proposed Order)(Gordon, Peter) (Entered: 11/02/2011) DECLARATION of Robert H. Rotstein re Order 5 filed by Defendants Allison Grodner, Richard Meehan, Amy Palmer, Louise Roe. (Rotstein, Robert) (Entered: 11/02/2011) DENIED BY ORDER OF THE COURT by Judge John F. Walter, re Stipulation to Continue Hearing Date on Defendants Motion to Dismiss 39 . NO SHOWING OF GOOD CAUSE. (jp) (Entered: 11/03/2011) DECLARATION of Peter D. Gordon re Order 5 COMPLIANCE WITH GENERAL ORDER AUTHORIZING ELECTRONIC FILING filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 11/04/2011) Opposition in opposition to re: MOTION to Dismiss Case 33 MEMORANDUM OF POINTS AND AUTHORITIES filed by Plaintiff Elissa Tedesco. (Attachments: # 1 Proposed Order)(Gordon, Peter) (Entered: 11/07/2011) DECLARATION of Peter D. Gordon in opposition MOTION to Dismiss Case 33 SUPPLEMENTING PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS (DOCUMENT # 43) filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 11/07/2011) DECLARATION of Elissa Tedesco in opposition to MOTION to Dismiss Case 33 SUPPLEMENTING PLAINTIFF'S OPPOSITION TO MOTION TO DISMISS (DOCUMENT #43) filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 11/07/2011) NOTICE OF ERRATA filed by Plaintiff Elissa Tedesco. correcting Objection/Opposition (Motion related) 43 CORRECTED TABLE OF CONTENTS AND TABLE OF AUTHORITIES TO PLAINTIFF'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS (Gordon, Peter) (Entered: 11/08/2011) REPLY IN SUPPORT OF MOTION to Dismiss Case 33 filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. (Attachments: # 1 Proof of Service)(Rotstein, Robert) (Entered: 11/14/2011) OJBECTIONS IN SUPPORT OF re: MOTION to Dismiss Case 33 Defendants' Objections to Declaration of Elissa Tedesco filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. (Attachments: # 1 Proof of Service)(Rotstein, Robert) (Entered: 11/14/2011) MINUTES (IN CHAMBERS) ORDER DENYING Motion to Dismiss

11/02/2011

40

11/02/2011

41

11/04/2011

42

11/07/2011

43

11/07/2011

44

11/07/2011

45

11/08/2011

46

11/14/2011

47

11/14/2011

48

11/16/2011

49

Plaintiff's 1st, 2nd, 3rd, 4th, and 6th Claims for Relief under FRCP 12(B)(6) 33 by Judge John F. Walter: The Court finds the issues raised by Defendants are more appropriately resolved in a motion for summary judgment. Accordingly, Defendants' Motion is DENIED. (jp) (Entered: 11/17/2011) 12/01/2011 50 STATUS REPORT PLAINTIFF'S RELATED BANKRUPTCY CASE STATUS REPORT filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 12/01/2011) Corporate Disclosure and NOTICE of Interested Parties filed by Defendant Sony Pictures Television Inc, identifying Sony Corporation. (Rotstein, Robert) (Entered: 12/01/2011) ANSWER to Complaint - (Discovery) 1 filed by Defendant Sony Pictures Television Inc.(Rotstein, Robert) (Entered: 12/01/2011) ANSWER to Complaint - (Discovery) 1 filed by Defendant MTV Networks Enterprises Inc.(Rotstein, Robert) (Entered: 12/01/2011) ANSWER to Complaint - (Discovery) 1 filed by Certain Defendants Fly On The Wall Entertainment Inc, Allison Grodner, Richard Meehan, Amy Palmer, Louise Roe.(Rotstein, Robert) (Entered: 12/01/2011) ANSWER to Complaint - (Discovery) 1 filed by Defendant CW Network LLC.(Rotstein, Robert) (Entered: 12/01/2011) JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8 to 12 days, filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc.. (Evitt, Emily) (Entered: 12/01/2011) NOTICE AND REQUEST of Settlement Procedure Selection (Sp3); parties request to appear before a retired judicial officer or other dispute resolution body for mediation type settlement proceedings. Filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc (Attachments: # 1 Proposed Order Order re: Settlement Procedure Selection: Request and Notice, # 2 Proof of Service)(Evitt, Emily) (Entered: 12/01/2011) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery) 53 , Answer to Complaint (Discovery) 55 , Answer to Complaint (Discovery) 54 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties and or no copies. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (kbr) (Entered: 12/01/2011) Certification and NOTICE of Interested Parties filed by Defendant Louise Roe, identifying None. (Evitt, Emily) (Entered: 12/01/2011)

12/01/2011

51

12/01/2011 12/01/2011 12/01/2011

52 53 54

12/01/2011 12/01/2011

55 56

12/01/2011

57

12/01/2011

58

12/01/2011

59

12/02/2011

60

MINUTE ORDER IN CHAMBERS by Judge John F. Walter. The Scheduling Conference currently on calendar for December 12, 2001 at 8:30 a.m. is hereby vacated and the matter taken off calendar. (kbr) (Entered: 12/02/2011) ORDER/REFERRAL to ADR Program by Judge John F. Walter, ordering case to a private mediator by May 1, 2012. (kbr) (Entered: 12/02/2011) ORDER by Judge John F. Walter: Denying the NOTICE AND REQUEST of Settlement Procedure Selection (Sp3) requiring the parties to appear before a retired judicial officer or other private or non-profit dispute resolution body. The Court further ORDERS: the Request is denied as moot: See ADR 12 filed December 2, 2,011 ordering parties to private mediation. (kbr) (Entered: 12/02/2011) SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter: Discovery cut-off 7/9/201; Motions to be heard by 7/30/2012; Last date to conduct settlement conference is 5/1/2012. Jury Trial set for 9/25/2012 at 08:30 AM before Judge John F. Walter. Pretrial Conference set for 9/7/2012 at 10:00 AM before Judge John F. Walter. (se) (Entered: 12/02/2011) RESPONSE filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, MTV Networks Enterprises Incto Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112), Notice of Deficiency in Electronically Filed Documents (G-112) 58 (Evitt, Emily) (Entered: 12/02/2011) Joint STIPULATION for Protective Order filed by certain Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. (Attachments: # 1 Proposed Order [Proposed] Stipulated Protective Order)(Evitt, Emily) (Entered: 02/13/2012) STIPULATED PROTECTIVE ORDER by Magistrate Judge Jacqueline Chooljian re Stipulation for Protective Order, 65 . See order for details. (hr) (Entered: 02/22/2012) APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER D. GORDON, ESQ. WITH PROOF OF SERVICE filed by Counsel Elissa Tedesco. Application set for hearing on 4/2/2012 at 01:30 PM before Judge John F. Walter. (Gordon, Peter) (Entered: 03/05/2012) NOTICE OF DISCREPANCY AND ORDER: by Judge John F. Walter, ORDERING Request for Approval and Substitution of Attorney and Declaration to Obtain New Counsel submitted by Plaintiff Elissa Tedesco received on 3/2/12 is not to be filed but instead rejected. Denial based on: Plaintiff is represented by counsel and counsel has not signed the request; no new attorney has been identified. (kbr) (Entered: 03/06/2012)

12/02/2011 12/02/2011

61 62

12/02/2011

63

12/02/2011

64

02/13/2012

65

02/22/2012

66

03/05/2012

67

03/05/2012

68

03/06/2012

69

AMENDED PROOF OF SERVICE filed by Counsel for Plaintiff Elissa Tedesco, re APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER 67 WITH PROOF OF SERVICE served on 3/5/12. (Gordon, Peter) (Entered: 03/06/2012) REQUEST to Substitute attorney Elissa Tedesco, pro se in place of attorney Peter D. Gordon & David N Schultz filed by Plaintiff Elissa Tedesco. (Attachments: # 1 Proposed Order On Request For Approval of Substitution of Attorney). (Gordon, Peter) Modified on 3/6/2012 (jp). (Entered: 03/06/2012) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: REQUEST to Substitute attorney Elissa Tedesco, pro se in place of attorney Peter D. Gordon & David N Schultz with Proof of Service 70 . The following error(s) was found: Request/application are not necessary set hearing to be heard before Judges. Clerk has terminated hearing date set on 4/2/2012 @ 1:30 PM., and modify docket text to reflect of document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp) (Entered: 03/06/2012) ORDER by Judge John F. Walter DENIED Request for Approval of Substitution of Elissa Tedesco as Pro Se in place and stead of Attorney Peter D Gordon 70 . Violates paragraph 3(c) of Court's Scheduling and Case Management Order. Also Motion to Withdraw already on calendar. (jp) (Entered: 03/08/2012) NOTICE OF NON-OPPOSITION to APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER 67 with Proof of Service filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 03/12/2012) REPLY in support of APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR

03/06/2012

70

03/06/2012

71

03/07/2012

72

03/12/2012

73

03/19/2012

74

LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER 67 NOTICE OF REPLY AND REPLY OF PLAINTIFFS COUNSEL TO PLAINTIFFS NON-OPPOSITION AND REQUEST FOR EXPEDITED RULING ON APPLICATION FOR LEAVE OF COURT TO WITHDRAW AS COUNSEL (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES WITH PROOF OF SERVICE filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 03/19/2012) 03/19/2012 75 DECLARATION of Peter D. Gordon in support of APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER 67 DECLARATION OF PETER D. GORDON REQUESTING ORDER AUTHORIZING WITHDRAWAL DUE TO PREJUDICIAL IMPACT TO PLAINTIFF OF DELAY WITH PROOF OF SERVICE filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 03/19/2012) DECLARATION of Christopher C. Bosley in support of APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER APPLICATION of Peter D. Gordon & David N. Schultz to Withdraw as Attorney NOTICE OF APPLICATION AND APPLICATION OF PLAINTIFF'S COUNSEL FOR LEAVE OF COURT TO WITHDRAW (L.R. 83-2.9.2.1); MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF PETER 67 DECLARATION OF CHRISTOPHER C. BOSLEY REQUESTING ORDER AUTHORIZING WITHDRAWAL DUE TO PREJUDICIAL IMPACT TO PLAINTIFF OF DELAY WITH PROOF OF SERVICE filed by Plaintiff Elissa Tedesco. (Gordon, Peter) (Entered: 03/19/2012) MINUTES (IN CHAMBERS): ORDER by Judge John F. Walter: granting 67 Application to Withdraw as Attorney. Attorneys Peter David Gordon and David Nathan Schultz terminated as attorneys of record for plaintiff Elissa Tedesco. (se) (Entered: 03/20/2012) SELF-REPRESENTATION ORDER by Judge John F. Walter (se) (Entered: 03/20/2012) NOTICE of Appearance filed by attorney Michael D Harris on behalf of Plaintiff Elissa Tedesco (Harris, Michael) (Entered: 04/30/2012) ORDER TO STRIKE ELECTRONICALLY FILED DOCUMENTS by Judge John F. Walter: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: Notice of Appearance 79 , for the following reasons: Notice does not comply with paragraph 3c of this Court's Scheduling and

03/19/2012

76

03/20/2012

77

03/20/2012 04/30/2012 05/02/2012

78 79 80

Case Management Order ("CMO") filed on 12/2/11, doc 63. Counsel shall file a Request for Approval of Substitution of Attorney and prosed order [G-01] along with a declaration as detailed in the CMO. Mr. Harris shall remain on the docket until further notice of the Court. (jp) (Entered: 05/03/2012) 05/07/2012 81 MEDIATION REPORT Filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc: Mediation held on April 30, 2012. The parties are unable to reach an agreement at this time.(Rotstein, Robert) (Entered: 05/07/2012) REQUEST for Approval of Substitute of attorney Michael D. Harris in place of attorney Elissa Tedesco, pro se filed by Plaintiff Elissa Tedesco. (Attachments: # 1 Declaration in Support of Request for Approval of Substitution of Attorney, # 2 Proposed Order on Request for Approval of Substitution of Attorney)(Harris, Michael) Modified on 5/21/2012 (jp). (Entered: 05/18/2012) NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION to Substitute attorney Michael D. Harris in place of attorney Elissa Tedesco, pro se 82 . The following error(s) was found: Incorrect event selected. The correct event is: Substitute Attorney (G-01) - under Category - REQUESTS. Other error(s) with document(s): Request/application are not necessary set hearing to be heard before Judges. Clerk has terminated hearing date set on 6/4/2012 at 1:30 PM., and Clerk had modify your docket text to reflect the caption of document. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (jp) (Entered: 05/21/2012) ORDER by Judge John F. Walter: granting 82 Application to Substitute Attorney Michael D. Harris in place and stead of Elissa Tedesco, pro se. (kbr) (Entered: 05/23/2012) NOTICE of Manual Filing filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc of DVDs as Exhibit 17 to Declaration of James Canniffe in Support of Defendants' Motion for Summary Judgment. (Rotstein, Robert) (Entered: 06/18/2012) NOTICE OF LODGING filed of DVDs as Exhibit 17 to Declaration of James Canniffe in Support of Defendants' Motion for Summary Judgment re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 85 (Rotstein, Robert) (Entered: 06/18/2012) NOTICE OF LODGING filed of DVDs as Exhibit 17 to the Declaration of James Canniffe in Support of Defendants' Motion for Summary Judgment re Notice of Manual Filing (G-92), Notice of Manual Filing (G-92) 85 (Rotstein, Robert) (Entered: 06/18/2012) NOTICE of Errata re Notice of Lodging DVDs as Exhibit 17 to

05/18/2012

82

05/21/2012

83

05/23/2012

84

06/18/2012

85

06/18/2012

86

06/18/2012

87

06/18/2012

88

Declaration of James Canniffe in Support of Motion for Summary Judgment by Defendants (ECF Docket No. 86) filed by Certain Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. (Rotstein, Robert) (Entered: 06/18/2012) 06/18/2012 89 NOTICE OF MOTION AND MOTION for Summary Judgment as to Under Fed.R.Civ.Pro. 56 filed by Certain Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. Motion set for hearing on 7/16/2012 at 01:30 PM before Judge John F. Walter. (Attachments: # 1 Declaration of Robert H. Rotstein + Exs. 1-5, # 2 Declaration of Amy Palmer + Exs. 6-9, # 3 Declaration of Brandon Panaligan + Exs. 10-11, # 4 Declaration of Louise Roe + Ex. 12, # 5 Declaration of Sandi Pepe + Ex. 13, # 6 Declaration of David Ginsburg + Ex. 14, # 7 Declaration of Michael Kunkel + Ex. 15, # 8 Declaration of Emily F. Evitt + Ex. 16, # 9 Declaration of James Canniffe + Ex. 17, # 10 Declaration of Allison Grodner, # 11 Declaration of Richard Meehan, # 12 Declaration of Justin Rosenblatt, # 13 Proof of Service)(Rotstein, Robert) (Entered: 06/18/2012) NOTICE OF LODGING filed of Statement of Uncontroverted Facts and Conclusions of Law re MOTION for Summary Judgment as to Under Fed.R.Civ.Pro. 56 89 (Attachments: # 1 Statement of Uncontroverted Facts and Conclusions of Law)(Rotstein, Robert) (Entered: 06/18/2012) NOTICE OF LODGING filed of Proposed Statement of Decision re MOTION for Summary Judgment as to Under Fed.R.Civ.Pro. 56 89 (Attachments: # 1 Proposed Statement of Decision)(Rotstein, Robert) (Entered: 06/18/2012) NOTICE OF LODGING filed of Proposed Judgment re MOTION for Summary Judgment as to Under Fed.R.Civ.Pro. 56 89 (Attachments: # 1 Proposed Judgment)(Rotstein, Robert) (Entered: 06/18/2012) PROOF OF SERVICE filed by Certain Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc, of DVDs/Exhibit 17 to Declaration of James Canniffe in Support of Defendants' Motion for Summary Judgment served on June 18, 2012. (Rotstein, Robert) (Entered: 06/19/2012) Opposition In Opposition to re: MOTION for Summary Judgment as to Under Fed.R.Civ.Pro. 56 89 filed by Plaintiff Elissa Tedesco. (Attachments: # 1 Memorandum Statement of Genuine Disputes, # 2 Declaration of Elissa Tedesco, # 3 Exhibit 1-17 to Tedesco Declaration, # 4 Declaration of M. Kala Sarvaiya, # 5 Exhibit Exhibits to Sarvaiya Declaration, # 6 Exhibit Exhibits to Sarvaiya Declaration, # 7 Exhibit Exhibits to Sarvaiya Declaration, # 8 Affidavit Proof of Service)(Sarvaiya, Meenakshi) (Entered: 06/25/2012) NOTICE OF ERRATA filed by Plaintiff Elissa Tedesco. correcting Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) 94 (Attachments: # 1

06/18/2012

90

06/18/2012

91

06/18/2012

92

06/19/2012

93

06/25/2012

94

06/29/2012

95

Memorandum Amended Opposition to Motion for Summary Judgment, # 2 Memorandum Amended Statement of Genuine Disputes, # 3 Declaration Amended Declaration of Elissa Tedesco, # 4 Exhibit to Elissa Tedesco Amended Declaration, # 5 Declaration Amended Declaration of Sarvaiya, # 6 Exhibit 35-36, # 7 Exhibit 37-39, # 8 Exhibit 40-44, # 9 Exhibit 45-49, # 10 Memorandum Statement of Decision, # 11 Proposed Order Judgment, # 12 Affidavit Proof of Service)(Harris, Michael) (Entered: 06/29/2012) 07/02/2012 96 NOTICE OF ERRATA filed by Plaintiff Elissa Tedesco. correcting Errata,, 95 (Attachments: # 1 Exhibit 45-49 to Amended Declaration of M. Kala Sarvaiya)(Harris, Michael) (Entered: 07/02/2012) REPLY in support of MOTION for Summary Judgment as to Under Fed.R.Civ.Pro. 56 89 filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. (Attachments: # 1 Declaration Emily F. Evitt, # 2 Evidentiary Objections, # 3 Proof of Service)(Rotstein, Robert) (Entered: 07/02/2012) NOTICE OF LODGING filed re Reply (Motion related), Reply (Motion related) 97 (Attachments: # 1 Combined Statement of Facts)(Rotstein, Robert) (Entered: 07/02/2012) EX PARTE APPLICATION to Extend Discovery Cut-Off Date to 8/28/2012 filed by Plaintiff Elissa Tedesco. (Attachments: # 1 Declaration of M. Kala Sarvaiya, # 2 Proposed Order in Support of Ex Parte Application, # 3 Affidavit of Service of Ex Parte Application)(Harris, Michael) (Entered: 07/10/2012) OPPOSITION to EX PARTE APPLICATION to Extend Discovery CutOff Date to 8/28/2012 99 filed by Defendants CW Network LLC, Fly On The Wall Entertainment Inc, Allison Grodner, MTV Networks Enterprises Inc, Richard Meehan, Amy Palmer, Louise Roe, Sony Pictures Television Inc. (Attachments: # 1 Declaration Of Emily F. Evitt In Support Of Opposition To Plaintiff's Ex Parte Application To Extend Discovery CutOff, # 2 Proposed Order Denying Plaintiff's Ex Parte Application To Extend Discovery Cut-Off, # 3 Proof Of Service)(Evitt, Emily) (Entered: 07/11/2012) MINUTE IN CHAMBERS by Judge John F. Walter: ORDER TAKING UNDER SUBMISSION MOTION of Defendants Allison Grondner, Richard Meehan, Amy Palmer, Louise Roe, Fly on the Wall Entertainment INc., MTV Networks Enterprises Inc., Sony Pictures TElevision Inc., and The CW Network LLCfor Summary Judgment as to Under Fed.R.Civ.Pro. 56 89 is currently on calendar for 7/16/2012 at 1:30 PM. Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for 7/16/2012 is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (jp) (Entered: 07/13/2012) MINUTES (IN CHAMBERS) ORDER GRANTING Motion of Defendants Allison Grodner, Richard Meehan, Amy Palmer, Louise Roe, Fly on the Wall Entertainment Inc., MTV Networks Enterprises Inc. Sony

07/02/2012

97

07/02/2012

98

07/10/2012

99

07/11/2012

100

07/13/2012

101

07/17/2012

102

Pictures Television Inc., and The CW Network LLC for Summary Judgment Under FRCP 56 89 by Judge John F. Walter: Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court found the matter appropriate for submission on the papers without oral argument. The matter was, therefore, removed from the 7/16/2012 hearing calendar and the parties were given advance notice. Accordingly, the Court GRANTS the CW Defendants Motion as to Plaintiffs second claim for relief for contributory copyright infringement, third claim for relief for unfair competition (passing off), fourth claim for relief for unfair competition (misappropriation), and sixth claim for relief violation of Californias unfair competition law. (jp) (Entered: 07/17/2012) 07/17/2012 103 MINUTES (IN CHAMBERS) ORDER DENYING AS MOOT Plaintiff's Ex Parte Application to Extend Discovery Cut-Off from 7/9 to 8/28/2012 [filed 7/10/12; Docket No. 99 ] by Judge John F. Walter: Pursuant to Rule 78 of the FRCP and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. After considering the moving and opposing papers and the arguments therein, the Court rules as follows: In light of the Court's 7/17/2012 Order granting the CW Defendants' Motion for Summary Judgment, Plaintiffs Application is DENIED as moot. (jp) (Entered: 07/17/2012) MINUTE IN CHAMBERS ORDER TO SHOW CAUSE WHY SANCTIONS SHOULDN OT BE IMPOSED FRO FAILURE TO COMLY WITH THE COURT'S ORDER; and ORDER ADMINISTRATIVELY CLOSING CIVIL ACTION by Judge John F. Walter: The Court hereby VACATES all pretrial and trial dates set in this action. Plaintiff shall continue to file a status report every 90 days indicating what steps have been taken to obtain relief from the stay or to prosecute the stayed clams in the bankruptcy proceeding, with a report to be filed by 7/24/2012. In accordance with Local Rule 7-15, no oral argument will be heard unless otherwise ordered by the Court. The Order will stand submitted upon the filing of the response to the Order to Show Cause. The Clerk is hereby directed to ADMINISTRATIVELY CLOSE this action. (Made JS-6. Case Terminated.) (jp) (Entered: 07/17/2012)

07/17/2012

104