Case details

Court: ord
Docket #: 3:13-cv-00497
Case Name: Penguin Group(USA) Inc. v. American Buddha
PACER case #: 111367
Date filed: 2013-03-22
Date terminated: 2013-12-09
Date of last filing: 2013-12-09
Assigned to: Magistrate Judge Dennis J. Hubel
Case Cause: 28:1338 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Defendant
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Penguin Group(USA) Inc.
Plaintiff
Duane A. Bosworth , II
Davis Wright Tremaine, LLP 1300 SW Fifth Avenue Suite 2400 Portland, OR 97201-5630 503-778-5224 Fax: 503-778-5299 Email: duanebosworth@dwt.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Timothy M. Cunningham
Davis Wright Tremaine, LLP 1300 SW Fifth Avenue Suite 2400 Portland, OR 97201-5630 503-778-5386 Fax: 503-778-5299 Email: timcunningham@dwt.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

American Buddha
Defendant
Todd E. Bofferding
1215 B Street P.O. Box 539 Hood River, OR 97031 (541) 386-7924 Fax: (541) 386-7996 Email: tbofferding@gorge.net
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Derek C. Johnson
Johnson Johnson Larson & Schaller P.C. 975 Oak Street Suite 1050 Eugene, OR 97401 541-484-2434 Fax: 541-484-0882 Email: djohnson@jjlslaw.com
TERMINATED: 08/13/2013 ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-22 1 0 Complaint. Filing fee in the amount of $350 collected. Agency Tracking ID: 0979-3231439 Jury Trial Requested: No. Included copyrights: TX 6-891-445--The Golden Ass--E. J. Kenney, TX 6-891-049--The Golden Ass--E. J. Kenney, R132078--Oil!--Upton Sinclair, R303502--It Can't Happen Here--Sinclair Lewis, TX 6-891-433--On the Nature of the Universe--R.E. Latham. Filed by Penguin Group(USA) Inc. against American Buddha (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons). (Bosworth, Duane) (Entered: 03/22/2013) 2013-04-13 03:48:08 b6f71e66174726e7e885744b06ec837ecaeb26f8
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2013-03-22 2 0 Corporate Disclosure Statement . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 03/22/2013)
2013-03-25 3 0 Notice of Case Assignment to Magistrate Judge Dennis J. Hubel and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 7/23/2013. Joint Alternate Dispute Resolution Report is due by 8/22/2013. Pretrial Order is due by 8/22/2013. Ordered by Magistrate Judge Dennis J. Hubel. (sm) (Entered: 03/25/2013) 2013-04-13 03:57:12 1b77ae782f1fa7a303720ba3a5dce7cabc15868b
2013-03-25 4 0 Summons Issued Electronically as to American Buddha. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (sm) (Entered: 03/25/2013) 2013-04-13 03:58:12 fd2a0697a8090e3173d8ae51ba2840b8c780bcd4
2013-03-25 5 0 Copyright Report: This report is being submitted pursuant to 17 U.S.C. section 508(a), which states: Within one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification to the Register of Copyrights setting forth, as far as is shown by the papers filed in the court, the names and addresses of the parties and the title, author, and registration number of each work involved in the action. (sm) (Entered: 03/25/2013) 2013-04-13 03:56:14 3e4622a65f93f02848c3f9b10f8b695fd2086794
2013-04-19 6 0 Affidavit of Service of Summons Issued 4 upon American Buddha served on 4/5/2013 Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 04/19/2013)
2013-05-03 7 0 Unopposed Motion for Extension of Time to Answer . Filed by All Defendants. (Attachments: # 1 Proposed Order) (Johnson, Derek) (Entered: 05/03/2013)
2013-05-06 8 0 ORDER: Granting Defendant's Motion for Extension of Time to Answer 7 . Answer is due by 5/16/2013. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 05/06/2013)
2013-05-13 9 0 Motion for Leave to Appear Pro Hac Vice for Attorney Charles H. Carreon. Filing fee in the amount of $100 collected; Receipt No.: 52274. Filed by American Buddha. (ecp) (Entered: 05/16/2013) 2013-05-19 16:53:05 1b3ad994da9159cbb92d24fd52c2e2d148f3ab53
2013-05-16 10 0 Motion . Filed by All Defendants. (Johnson, Derek) (Entered: 05/16/2013) 2013-08-05 04:22:12 4bd989027454a835d1e270ad27a529b0da73ede2
2013-05-16 11 0 Declaration of Charles Carreon . Filed by All Defendants. (Related document(s): Motion - Miscellaneous 10 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit) (Johnson, Derek) (Entered: 05/16/2013)
2013-05-16 12 0 Proposed Form of Order Submitted . Filed by All Defendants. (Johnson, Derek) (Entered: 05/16/2013)
2013-05-16 13 0 Motion for Extension of Time . Filed by All Defendants. (Johnson, Derek) (Entered: 05/16/2013)
2013-05-16 14 0 Declaration of Charles Carreon . Filed by All Defendants. (Related document(s): Motion for Extension of Time 13 .) (Johnson, Derek) (Entered: 05/16/2013) 2013-05-19 17:02:08 fa159676a23f490257113158e2f61b5204c323e3
2013-05-16 15 0 Proposed Form of Order Submitted . Filed by All Defendants. (Johnson, Derek) (Entered: 05/16/2013)
2013-05-29 16 0 Response in Opposition to Motion for Leave to Appear Pro Hac Vice for Attorney Charles H. Carreon. Filing fee in the amount of $100 collected; Receipt No.: 52274 9 . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 05/29/2013) 2013-07-29 22:16:09 f32ffff5dff13058443bb7f2437945de0246e68c
2013-05-29 17 0 Declaration of Duane A. Bosworth . Filed by Penguin Group(USA) Inc.. (Related document(s): Response in Opposition to Motion 16 .) (Attachments: # 1 Exhibit 1 Declaration of Charles Carreon, # 2 Exhibit 2 Resume of Charles Carreon, # 3 Exhibit 3 Form of Application for Arizona In-House Counsel, # 4 Exhibit 4 Order Granting in Part Plaintiff's Motions for Attorney Fees) (Bosworth, Duane) (Entered: 05/29/2013)
2013-05-29 18 0 ORDER: Defendant's Motion for Extension of Time 13 is GRANTED. Defendant's response to the complaint is now due by 6/12/2013. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 05/29/2013)
2013-06-03 19 0 Response in Opposition to Motion 10 . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 06/03/2013) 2013-07-29 22:24:34 63b70e5889b68d66e9f797f15a8af8f38b539226
2013-06-03 20 0 Declaration of Duane A. Bosworth . Filed by Penguin Group(USA) Inc.. (Related document(s): Response in Opposition to Motion 19 .) (Attachments: # 1 Exhibit 1 - EcoQuest Docket, # 2 Exhibit 2 - Judge Hogan Order, # 3 Exhibit 3 - SDNY Motion) (Bosworth, Duane) (Entered: 06/03/2013)
2013-06-12 21 0 Motion to Change or Transfer Venue . Filed by All Defendants. (Johnson, Derek) (Entered: 06/12/2013)
2013-06-12 22 0 Declaration of Tara Lynn Carreon . Filed by All Defendants. (Related document(s): Motion to change/transfer venue 21 .) (Johnson, Derek) (Entered: 06/12/2013) 2013-07-31 12:48:32 23f1b707eaf3b4a93489131ea52d2ed8c8fbb7ec
2013-06-12 23 0 Proposed Form of Order Submitted . Filed by All Defendants. (Johnson, Derek) (Entered: 06/12/2013)
2013-06-13 24 0 ORDER: Defendant's Motion to Change or Transfer Venue 21 is denied, for failure to comply with LR 7.1(a)(1), which sets forth the requirement that the first paragraph of every motion certify that the parties made a good faith effort through personal or telephone conferences to resolve the dispute, and have been unable to do so. Defendant is granted leave to file a renewed motion in compliance with the Local Rule. Ordered by Magistrate Judge Dennis J. Hubel. (kb) Modified on 6/14/2013 to correct typo.(jlr). (Entered: 06/13/2013)
2013-06-17 25 0 Motion to Change or Transfer Venue . Filed by All Defendants. (Johnson, Derek) (Entered: 06/17/2013) 2013-07-29 22:12:35 45fa078d0958417b993778f9868a87897a41462a
2013-06-17 26 0 Declaration of Tara Lyn Carreon . Filed by All Defendants. (Related document(s): Motion to change/transfer venue 25 .) (Johnson, Derek) (Entered: 06/17/2013) 2013-07-31 12:52:14 95c8ae0900077635ee8adf33f9ebb12d7b0571d3
2013-06-17 27 0 Declaration of Libby Hubbard . Filed by All Defendants. (Related document(s): Motion to change/transfer venue 25 .) (Johnson, Derek) (Entered: 06/17/2013) 2013-08-05 04:44:14 d37002774bc9a64e87186c287fdc2fc07cfa2027
2013-06-17 28 0 Declaration of Lucia Maya . Filed by All Defendants. (Related document(s): Motion to change/transfer venue 25 .) (Attachments: # 1 Exhibit) (Johnson, Derek) (Entered: 06/17/2013)
2013-06-17 29 0 Declaration of Lewis Lepley . Filed by All Defendants. (Related document(s): Motion to change/transfer venue 25 .) (Attachments: # 1 Exhibit) (Johnson, Derek) (Entered: 06/17/2013)
2013-06-17 30 0 Declaration of Bernard Sharkus . Filed by All Defendants. (Related document(s): Motion to change/transfer venue 25 .) (Johnson, Derek) (Entered: 06/17/2013)
2013-06-17 31 0 Reply to Motion 10 . Filed by All Defendants. (Johnson, Derek) (Entered: 06/17/2013)
2013-06-18 32 0 ORDER: Defendant's Motion for Leave to Appear Pro Hac Vice for Attorney Charles H. Carreon 9 is denied for failure to provide evidence of professional liability insurance. His request for "exemption from" the professional liability insurance requirement is denied. Oral argument on Defendant's Motion to Transfer Case to District of Arizona 25 is set for July 23, 2013 at 1:30 p.m., by telephone. The court will place the call. The court reserves ruling on the defendant's Rule 41(d) motion 10 until the Southern District of New York has ruled on the defendant's motion for fees and costs currently pending in the case between these parties in that court. The parties are directed to advise this court promptly upon receipt of the New York court's ruling. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 06/18/2013)
2013-06-27 33 0 Notice re Order on Motion for Leave to Appear Pro Hac Vice 32 . Filed by Penguin Group(USA) Inc. (Related document: Order on Motion for Leave to Appear Pro Hac Vice 32 .) (Attachment: # 1 Order) (Bosworth, Duane) Modified docket text on 7/1/2013 (gw). (Entered: 06/27/2013) 2013-08-05 04:45:08 74b0fd850666940223d9b6ad86439755a658f86b
33 1 2013-08-05 04:47:26 4a25d2c0659f7160e0a45c219358e1661d674df5
2013-07-05 34 0 Response to Motion to Change or Transfer Venue 25 . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 07/05/2013) 2013-07-29 22:26:36 e6da9d18a67ea480bc7c4f7312e218b0a2d8eb13
2013-07-05 35 0 Declaration of Timothy M. Cunningham . Filed by Penguin Group(USA) Inc.. (Related document(s): Response to Motion 34 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (Bosworth, Duane) (Entered: 07/05/2013)
2013-07-16 36 0 ORDER on Rule 41(d) Motion: Denying Motion 10 . Signed on 7/16/2013 by Magistrate Judge Dennis J. Hubel. (sm) (Entered: 07/16/2013) 2013-08-05 04:49:08 25c4c3c5871b941f4acde69995a984ddf4432e13
2013-07-17 37 0 This pleading has been STRICKEN - see Order 38 First Amended Complaint . Filed by Penguin Group(USA) Inc. against American Buddha. (Bosworth, Duane) Modified on 7/18/2013 (kb). (Entered: 07/17/2013)
2013-07-18 38 0 ORDER by Magistrate Judge Dennis J. Hubel: The Court STRIKES Plaintiff's First Amended Complaint 37 filed on July 17, 2013. Plaintiff may not amend it complaint without leave of the court in light of defendant's Rule 12(b)(3) motion, which was served more than 21 days before July 17, 2013 (see FRCP 15(a)(1)(B)). (kb) (Entered: 07/18/2013)
2013-07-19 39 0 Unopposed Motion for Extension of Discovery & PTO Deadlines . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 07/19/2013)
2013-07-19 40 0 Memorandum in Support . Filed by Penguin Group(USA) Inc.. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 39 .) (Bosworth, Duane) (Entered: 07/19/2013)
2013-07-19 41 0 Declaration of Duane A. Bosworth. Filed by Penguin Group(USA) Inc.. (Related document(s): Motion for Extension of Discovery & PTO Deadlines 39 .) (Bosworth, Duane) (Entered: 07/19/2013)
2013-07-19 42 0 Reply to Motion to Change or Transfer Venue 25 . Filed by American Buddha. (Johnson, Derek) (Entered: 07/19/2013) 2013-08-05 04:53:14 38aeebe9fb6afd5d401d504e966ac7ff00cbab43
2013-07-19 43 0 Declaration of Charles Carreon . Filed by American Buddha. (Related document(s): Motion to change/transfer venue 25 .) (Johnson, Derek) (Entered: 07/19/2013)
2013-07-19 44 0 Declaration of Tara Lynn Carreon . Filed by American Buddha. (Related document(s): Motion to change/transfer venue 25 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (Johnson, Derek) (Entered: 07/19/2013)
2013-07-22 45 0 Motion for Leave to File Amended Complaint/Petition . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 07/22/2013)
2013-07-22 46 0 Memorandum in Support . Filed by Penguin Group(USA) Inc.. (Related document(s): Motion for Leave to File Amended Complaint/Petition 45 .) (Bosworth, Duane) (Entered: 07/22/2013) 2013-09-16 13:38:10 c86275643e7a3fc5c1c37da952aef9c4b807c293
2013-07-22 47 0 Declaration of Duane A. Bosworth . Filed by Penguin Group(USA) Inc.. (Related document(s): Motion for Leave to File Amended Complaint/Petition 45 .) (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Bosworth, Duane) (Entered: 07/22/2013) 2013-07-30 08:34:13 25ce47b7e9923be75d54ea20b591ed12429ca762
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2013-07-23 48 0 MINUTES of Proceedings: Time set for oral argument on Defendant's Motion to Transfer Action to District of Arizona (FRCP 12(b)(3)) 25 : There being no objection by plaintiff's counsel, at defense counsel's request this oral argument is RESET to August 1, 2013 at 1:30 p.m. The argument will take place by telephone unless, after conferral with each other, counsel advise the court otherwise. At the outset of the proceeding on August 1, 2013, and before hearing oral argument on the motion to transfer, the court will address Plaintiff's Motion for Leave to File Amended Complaint 45 , after which it will address any filing with respect to the previously filed (and denied) Motion for Leave to Appear Pro Hac Vice filed by attorney Charles Carreon, so long as the parties confer about that issue no later than July 26, 2013, and file whatever they choose to file in the regard by July 30, 2013. Plaintiff's Unopposed Motion to Extend Discovery and Pretrial Deadlines 39 is granted, insofar as the deadlines set in the court's initial Discovery and Pretrial Scheduling Order 3 are STRICKEN. If the case remains in Oregon, the court will set a new case schedule at the conclusion of the August 1 proceeding. Duane Bosworth present as counsel for plaintiff(s). Derek Johson present as counsel for defendant(s). Court Reporter: Bontia Shumway. Magistrate Judge Dennis J. Hubel presiding. (kb) (Entered: 07/23/2013)
2013-07-23 49 0 Second Motion for Leave to Appear Pro Hac Vice for Attorney Charles Carreon . Filing fee in the amount of $100 collected; Receipt No.: 53326. Filed by American Buddha. (Johnson, Derek) Modified on 7/29/2013 to reflect payment (new receipt number) on 7/26/2013)(ecp). (Entered: 07/23/2013) 2013-07-30 08:36:17 c5d73b0b41a9c5eb31d27af665fb2c8006d6c20b
2013-07-25 50 0 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Oral Argument held on 7/23/2013 before Judge Dennis J. Hubel, Court Reporter Bonita J. Shumway, telephone number 503-326-8188. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter or PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 8/5/2013. Redaction Request due 8/19/2013. Redacted Transcript Deadline set for 8/29/2013. Release of Transcript Restriction set for 10/28/2013. (Shumway, Bonita) (Entered: 07/25/2013)
2013-07-29 51 0 Notice re Motion for Leave to File Amended Complaint/Petition 45 Filed by American Buddha (Related document(s): Motion for Leave to File Amended Complaint/Petition 45 .) (Johnson, Derek) (Entered: 07/29/2013) 2013-07-30 08:45:19 d891855d21bf98b3a90ee8164dbaba765300cea8
2013-07-29 52 0 Notice re Notice 51 of Erroneous Filing Filed by American Buddha (Related document(s): Notice 51 .) (Johnson, Derek) (Entered: 07/29/2013) 2013-07-30 10:26:10 c58650fb258c0110cbca0a290fac3e8a1db0bae7
2013-07-30 53 0 ORDER by Magistrate Judge Dennis J. Hubel - confirming matters to be considered at the telephone hearing set for August 1, 2013, at 1:30 p.m. (see formal order) (kb) (Entered: 07/30/2013) 2013-07-31 11:51:17 1b1ba3716b410b0b24deed8fe3972dc2df746dd5
2013-07-30 54 0 Motion for Leave to Respond to Second Application for Special Admission - Pro Hac Vice. Filed by Penguin Group(USA) Inc.. (Attachments: # 1 Proposed Document Response to Second Application for Special Admission - Pro Hac Vice, # 2 Proposed Document Declaration of Duane A. Bosworth in Support of Response to Second Application for Special Admission - Pro Hac Vice, # 3 Proposed Document Exhibit 1 to Declaration of Duane A. Bosworth in Support of Response to Second Application for Special Admission - Pro Hac Vice, # 4 Proposed Document Exhibit 2 to Declaration of Duane A. Bosworth in Support of Response to Second Application for Special Admission - Pro Hac Vice) (Bosworth, Duane) (Entered: 07/30/2013) 2013-07-31 11:24:01 4a7663fbdadfb4fc0b54fbbeec9e58f77a0f1ced
54 1 2013-07-31 11:28:32 a38ac52d11283acabe71bdc74e7a308c12ff61bd
54 2 2013-07-31 11:24:20 b62f8eeeee7b5daae1d40cf0793a32ab303ece85
54 3 2013-07-31 11:25:07 3143ff3582feb521059fb60c2f166cff5f2e71a7
54 4 2013-07-31 11:26:22 998918664d816132053238d2bd2241fe9b4e5981
2013-07-30 55 0 Declaration of Duane A. Bosworth . Filed by Penguin Group(USA) Inc.. (Related document(s): Motion for Leave,, 54 .) (Bosworth, Duane) (Entered: 07/30/2013) 2013-07-31 11:45:17 c4a5bb7a007415a178ee1272627c13604f40bb96
2013-07-31 56 0 ORDER: Plaintiff's Motion for Leave to Respond to Second Application for Special Admission Pro Hac Vice 54 is GRANTED. Ordered by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 07/31/2013)
2013-07-31 57 0 Response to Second Motion for Leave to Appear Pro Hac Vice for Attorney Charles Carreon. Filed by Penguin Group(USA) Inc. (Bosworth, Duane) Modified text on 8/1/2013 (sss). (Entered: 07/31/2013) 2013-08-05 05:09:07 3eafbbb44680aa1e7179f9b1dbd89faa141e78a1
2013-07-31 58 0 Declaration of Duane A. Bosworth . Filed by Penguin Group(USA) Inc.. (Related document(s): Response to Motion 57 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Bosworth, Duane) (Entered: 07/31/2013)
2013-08-01 59 0 MINUTES of Proceedings: ORDER: Charles Carreon to file a renewed declaration in support of his Resubmitted Application for Special Admission Pro Hac Vice 49 as directed. Plaintiff's Motion for Leave to File a First Amended Complaint 45 , and Defendant's Motion to Transfer Action to District of Arizona (FRCP 12(b)(3)) 25 , will be addressed after the matter of legal representation of plaintiff is resolved. Duane Bosworth present as counsel for plaintiff(s). Derek Johnson present as counsel for defendant(s). Charles Carreon, movant present. Court Reporter: Jill Erwin. Magistrate Judge Dennis J. Hubel presiding. (kb) (Entered: 08/02/2013) 2013-08-03 00:40:07 44e85c9bb7106f6e7a45dde948fd8090415b61fa
2013-08-12 60 0 ORDER by Magistrate Judge Dennis J. Hubel: The court sets a deadline of August 19, 2013, for the filing of any substitution of counsel for defendant, or for the filing of any motion by attorney Derek C. Johnson to withdraw as counsel for defendant. (kb) (Entered: 08/12/2013)
2013-08-13 61 0 Notice of Attorney Substitution:Attorney Todd Bofferding is substituted as counsel of record in place of Attorney Derek C. Johnson Filed by American Buddha (Johnson, Derek) (Entered: 08/13/2013) 2013-08-13 19:11:15 984c3c4590746ceca8dabac8dfc482a7d7ed46dd
2013-08-13 62 0 Proposed Form of Order Submitted re substitution of counsel. Filed by American Buddha. (Johnson, Derek) (Entered: 08/13/2013) 2013-08-14 10:26:10 1a5f56b32f5d403a19b32001492326e1f056546a
2013-08-14 63 0 ORDER - GRANTING Substitution of Counsel for defendant. Signed on 8/14/13 by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 08/14/2013) 2013-08-14 14:12:10 41599e7eed97bf237d58a7ad5452399f29d2e928
2013-08-19 64 0 Notice of Appearance of Todd E. Bofferding appearing on behalf of American Buddha Filed by on behalf of American Buddha (Bofferding, Todd) (Entered: 08/19/2013) 2013-08-22 11:24:09 553845497144c8ddf57993aec419aedd15de45cf
2013-08-19 65 0 Letter Notice by Charles Carreon of his withdrawal of his Resubmitted Motion for Leave to Appear Pro Hac Vice 49 . (kb) (Entered: 08/19/2013) 2013-08-22 11:25:19 f025cba93aa78c7ec8cb8b8586399001f574428b
2013-08-19 66 0 ORDER by Magistrate Judge Dennis J. Hubel: Having withdrawn his Resubmitted Motion for Leave to Appear Pro Hac Vice 49 , attorney Charles Carreon is relieved of the obligation to file a renewed declaration in support thereof. (kb) (Entered: 08/19/2013)
2013-08-21 67 0 Scheduling Order by Magistrate Judge Dennis J. Hubel: Not later than August 30, 2013, defendant shall file a responsive pleading to the complaint (as set forth at the proceeding held in this action on August 1, 2013), and shall file a written response Plaintiff's Motion for Leave to File Amended Complaint 45 . Oral argument on Defendant's Motion to Change or Transfer Venue 25 , and on Plaintiff's Motion for Leave to File Amended Complaint 45 , if opposed, is set for September 12, 2013 at 10:00 a.m., in Courtroom #9B. (kb) (Entered: 08/21/2013)
2013-08-29 68 0 Unopposed Motion to Continue Due Date for Answer and Briefing Schedule. Filed by American Buddha. (Bofferding, Todd) (Entered: 08/29/2013) 2013-08-30 11:08:30 1a5f86992842b2aa6bbc905c40e7ddf763a4807b
2013-08-29 69 0 ORDER: The defendant's Unopposed Motion to Continue Due Date for Answer and Briefing Schedule 68 is granted in part and denied in part. Not later than September 6, 2013, the defendant must move or plead in response to the Complaint 1 , and file a response to the plaintiff's Motion for Leave to File Amended Complaint 45 . The defendant's Motion to Change or Transfer Venue is fully briefed by both parties, and oral argument remains scheduled for September 12, 2013 at 10:00 a.m., as previously ordered 67 . No further briefing on the motion will be allowed absent further order of the court, upon a showing of good cause. Any motion for leave to submit further briefing must be filed by September 6, 2013. Ordered by Magistrate Judge Dennis J. Hubel. (sm) (Entered: 08/29/2013)
2013-09-05 70 0 Answer to 1 Complaint,, with Jury Demand . Filed by American Buddha. (Bofferding, Todd) (Entered: 09/05/2013) 2013-09-06 11:32:23 5dd8c30be76964fd19c1856346bdc2a5d69313b9
2013-09-06 71 0 Memorandum in Opposition to Motion for Leave to File Amended Complaint/Petition 45 . Filed by American Buddha. (Bofferding, Todd) (Entered: 09/06/2013) 2013-09-08 22:54:10 c988544ae30a986a7fb3cf89f0a365ac650b117b
2013-09-12 72 0 MINUTES of Proceedings: Oral argument held on Plaintiff's Motion for Leave to File Amended Complaint 45 , and on Defendant's Motion to Change or Transfer Venue 25 . The court GRANTS the motion to amend, but in doing so makes no ruling with respect to the defendant's request that if the motion is granted that plaintiff be estopped from making any specific argument for the remainder of the case. That issue will be decided by whichever court handles the case after ruling on the motion to change or transfer venue, which is taken under advisement. Plaintiff's amended complaint shall be filed promptly. Duane Bosworth present as counsel for plaintiff(s). Todd E. Bofferding present as counsel for defendant(s).(Court Reporter Amande Legore.) (kb) (Entered: 09/12/2013)
2013-09-12 73 0 First Amended Complaint . Filed by Penguin Group(USA) Inc. against American Buddha. (Bosworth, Duane) (Entered: 09/12/2013) 2013-09-13 14:10:49 430ed22066b796975ec530c4f012f130609769bd
2013-09-16 74 0 Findings & Recommendation: Defendant's Motion to Change or Transfer Venue 25 should be Granted. Objections to the Findings and Recommendation are due by 10/4/2013; response to any objection is due by 10/21/13. Signed on 9/16/13 by Magistrate Judge Dennis J. Hubel. (kb) (Entered: 09/16/2013) 2013-09-19 09:21:28 22dc05694bc0dd1bc05226e23600dd352bdd9ccc
2013-09-16 75 0 ORDER by Magistrate Judge Dennis J. Hubel - referring Findings & Recommendation 74 to Judge Michael W. Mosman. (kb) (Entered: 09/16/2013)
2013-10-04 76 0 Objections to Findings & Recommendation: Motion to Change or Transfer Venue 25 should be Granted 74 . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 10/04/2013) 2013-10-14 15:38:14 ea19cf189045a6afd9833a96fd0d3d6fd2980197
2013-10-04 77 0 Declaration of Duane A. Bosworth . Filed by Penguin Group(USA) Inc.. (Related document(s): Objections to Findings & Recommendation 76 .) (Bosworth, Duane) (Entered: 10/04/2013)
2013-10-16 78 0 Answer to 73 Amended Complaint with Jury Demand . Filed by American Buddha. (Bofferding, Todd) (Entered: 10/16/2013)
2013-10-17 79 0 Response to Objections to Findings & Recommendation. Related document(s): 76 Objections to Findings & Recommendation. Filed by American Buddha. (Bofferding, Todd) (Entered: 10/17/2013)
2013-10-21 80 0 Motion for Leave to File Brief Reply Regarding Objections to Findings and Recommendations. Filed by Penguin Group(USA) Inc.. (Attachments: # 1 Proposed Document Reply Regarding Objections to Findings and Recommendations Concerning Defendant's Motion to Transfer) (Bosworth, Duane) (Entered: 10/21/2013)
2013-10-22 81 0 Supplemental Certificate of Compliance . Filed by Penguin Group(USA) Inc.. (Related document(s): Motion for Leave, 80 .) (Bosworth, Duane) (Entered: 10/22/2013)
2013-10-28 82 0 ORDER: GRANTING Motion for Leave to File Brief Reply Regarding Objections to Findings and Recommendations 80 . Ordered by Judge Michael W. Mosman. (dls) (Entered: 10/28/2013)
2013-10-28 83 0 Objections [Reply] to Findings & Recommendation: Motion to Change or Transfer Venue 25 should be Granted 74 . Filed by Penguin Group(USA) Inc.. (Bosworth, Duane) (Entered: 10/28/2013) 2013-10-29 18:03:08 e1891a389f245372fdddfacd806453c96117540e
2013-12-06 84 0 OPINION AND ORDER: Upon review, I agree with Judge Hubels recommendation, and I ADOPT the F&R 74 as my own opinion. Signed on 12/6/13 by Judge Michael W. Mosman. (dls) (Entered: 12/06/2013) 2013-12-07 07:51:02 df7209ef4da8cca9ee8b796ed82bba81356fdfab