Case number 2:17-cv-03921
Webspectator Corporation v. Andre Tomas Da Silva Pereir Nascimento Parreira > Documents
| Date Field | Doc. No. | Description (Pages) |
|---|---|---|
| Sep 4, 2018 | 213 | Mail Returned addressed to Andre Tomas Da Silva Pereira Nascimento Parreira re Clerks Entry of Default (CV-37) - optional html form 175 . (mrgo) (Entered: 09/06/2018) (6) |
| Aug 30, 2018 | 211 | Mail Returned addressed to Andre TomasDaSilva Pereira Nascimento Parreira re Order on Motion for Order, 205 . (mrgo) (Entered: 09/04/2018) (5) |
| Aug 30, 2018 | 212 | Mail Returned addressed to Dulce Catarina Parreira re Order on Motion for Order, 205 . (mrgo) (Entered: 09/04/2018) (5) |
| Aug 29, 2018 | 210 | Mail Returned addressed to Dulce Catarina Parreira re Clerks Entry of Default 175 . (iv) (Entered: 08/31/2018) (5) |
| Aug 20, 2018 | 208 | Mail Returned addressed to Andre TomasDaSiiva Fereira Nascimento Parreira re Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) 203 (mrgo) (Entered: 08/24/2018) (8) |
| Aug 20, 2018 | 209 | Mail Returned addressed to Dulce Catarina Parreira re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings, 197 (mrgo) (Entered: 08/24/2018) (5) |
| Jul 31, 2018 | 206 | Mail Returned addressed to Dulce Catarina Parreira re Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) 203 . (mrgo) (Entered: 08/01/2018) (7) |
| Jul 31, 2018 | 207 | Mail Returned addressed to Andre TomasDaSilva Pereira Nascimento Parreira re Minutes of In Chambers Order/Directive - no proceeding held, Terminate Hearings, 197 . (mrgo) (Entered: 08/01/2018) (5) |
| Jul 30, 2018 | 204 | REQUEST for Order for Release of Cash Deposit filed by plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 07/30/2018) (2) |
| Jul 30, 2018 | 205 | ORDER RELEASING PLAINTIFF WEBSPECTATOR CORPORATION'S CASH DEPOSIT PROVIDED AS SECURITY FOR ITS TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION by Judge Percy Anderson re: 204 REQUEST for Order. The Court, having entered a Default Judgment and Permanent Injunction against Defendants Andre Tomas Da Silva Pereira Nascimento Parreira, Dulce Catarina Parreira, and Adcell, Inc. [Doc. # 201 and 202], hereby orders the immediate release of Plaintiff Webspectator Corporation's Cash Deposit, including the $100,000 principal and any accrued interest, to counsel for Webspectator Corporation, DLA Piper LLP (US). (mrgo) (Entered: 07/31/2018) (2) |
| Jul 9, 2018 | 201 | MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: 188 MOTION for Default Judgment. For all of the foregoing reasons, the Court grants Plaintiff's Motion for Default Judgment. The Court will issue a Judgment against the Parreiras and Adcell in the amount of $30,672,019.50 (consisting of $30,000,000 in compensatory and treble damages and $672,019.50 in attorneys' fees), plus disgorgement in the amount of $1,131,893 against the Parreiras only. Plaintiff is also entitled to a permanent injunction, postjudgment interest, and its costs of suit. The Court will enter a Judgment consistent with this Order. (See document for full details) (mrgo) (Entered: 07/09/2018) (5) |
| Jul 9, 2018 | 202 | DEFAULT JUDGMENT by Judge Percy Anderson, Related to: NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Andre Tomas Da Silva Pereira Nascimento Parreira, Dulce Catarina Parreira and AdCell, Inc. 188 . Pursuant to the Court's July 9, 2018 Minute Order granting the Motion for Default Judgment filed by plaintiff Webspectator Corporation ("Plaintiff") against defendants Andr Tomas Da Silva Pereira Nascimento Parreira and Dulce Catarina Parreira (collectively, the "Parreiras") and Adcell, Inc. ("Adcell") (collectively, the "Defendants"), it is hereby ORDERED, ADJUDGED, AND DECREED: 1. Plaintiff shall recover from the Parreiras and Adcell, jointly and severally, the amount of $30,672,019.50 (consisting of $30,000,000 in compensatory and treble damages and $672,019.50 in attorneys' fees); 2. Plaintiff shall recover, from the Parreiras only, the additional amount of $1,131,893; (see document for further details). (MD JS-6. Case Terminated) (mrgo) (Entered: 07/09/2018) (3) |
| Jul 9, 2018 | 203 | REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (Attachments: # 1 Judgment) (mrgo) (Entered: 07/09/2018) (0) |
| Jul 5, 2018 | 197 | MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Before the Court is a Motion for Default Judgment 188 filed by plaintiff Webspectator Corporation (Plaintiff). Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for July 9, 2018, is vacated, and the matter taken off calendar. The Court takes the matter under submission and will notify the parties once it has issued a ruling on the Motion. IT IS SO ORDERED. (lom) (Entered: 07/05/2018) (1) |
| Jul 5, 2018 | 198 | DECLARATION of Ellyn S. Garofalo in support of NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Andre Tomas Da Silva Pereira Nascimento Parreira, Dulce Catarina Parreira and AdCell, Inc. 188 [Supplemental] filed by Plaintiff Webspectator Corporation. (Kaltgrad, Amir) (Entered: 07/05/2018) (17) |
| Jul 5, 2018 | 199 | PROOF OF SERVICE filed by plaintiff Webspectator Corporation, re Declaration (Motion related), 198 served on July 5, 2018. (Kaltgrad, Amir) (Entered: 07/05/2018) (3) |
| Jul 5, 2018 | 200 | Mail Returned addressed to Andre Tomas Da Silva Pereira Nascimento Parreira re Pretrial Conference 145 . (lom) Modified on 7/6/2018 (lom). (Entered: 07/06/2018) (3) |
| Jul 2, 2018 | 196 | Mail Returned addressed to Dulce Catarina Parreira re Order on Motion for Sanctions 174 . (lom) (Entered: 07/05/2018) (19) |
| Jun 26, 2018 | 194 | Mail Returned Undeliverable addressed to Andre TomasDaSilva Pereira Nascimento Parreira re Minute In Chamber Order 169 . (jp) (Entered: 06/27/2018) (5) |
| Jun 26, 2018 | 195 | Mail Returned Undeliverable addressed to Dulce Catarina Parreira re Minute In Chamber Order 169 . (jp) (Entered: 06/27/2018) (5) |
| Jun 25, 2018 | 193 | Mail Returned addressed to Andre Tomas Da Silva Pereira Nascimento Parreira re Order on Motion for Sanctions 174 . (et) (Entered: 06/26/2018) (19) |
| Jun 19, 2018 | 190 | TRANSCRIPT for proceedings held on 5/18/18, 1:31 P.M.. Court Reporter/Electronic Court Recorder: Chia Mei Jui, CSR, cmjui.csr@gmail.com, Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through COURT REPORTER: Chia Mei Jui, CSR, cmjui.csr@gmail.com or PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 7/10/2018. Redacted Transcript Deadline set for 7/20/2018. Release of Transcript Restriction set for 9/17/2018. (Jui, Chia) (Entered: 06/19/2018) (0) |
| Jun 19, 2018 | 191 | NOTICE OF FILING TRANSCRIPT filed for proceedings 5/18/18, 1:31 P.M. re Transcript 190 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Jui, Chia) TEXT ONLY ENTRY (Entered: 06/19/2018) (0) |
| Jun 19, 2018 | 192 | Mail Returned addressed to Andre TomasDaSilva Pereira Nascimento Parreira re Deficiency in Electronically Filed Documents (G-112A) 156 . (lom) (Entered: 06/20/2018) (6) |
| Jun 11, 2018 | 188 | NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Andre Tomas Da Silva Pereira Nascimento Parreira, Dulce Catarina Parreira and AdCell, Inc. filed by Plaintiff Webspectator Corporation. Motion set for hearing on 7/9/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration of George Abraham, # 2 Declaration of Andrew M. Batkin, # 3 Declaration of Ellen S. Garofalo, # 4 Declaration of John Moscarino, # 5 Proposed Order) (Garofalo, Ellyn) (Entered: 06/11/2018) (0) |
| Jun 11, 2018 | 189 | PROOF OF SERVICE filed by Plaintiff Webspectator Corporation, re NOTICE OF MOTION AND MOTION for Default Judgment against Defendants Andre Tomas Da Silva Pereira Nascimento Parreira, Dulce Catarina Parreira and AdCell, Inc. 188 served on 06/11/2018. (Garofalo, Ellyn) (Entered: 06/11/2018) (4) |
| Jun 5, 2018 | 187 | Mail Returned addressed to Andre Tomas Da Silva Pereira Nascimento Parreira re Order on Motion for Appointment of Counsel 152 . (lom) (Entered: 06/08/2018) (7) |
| Jun 1, 2018 | 186 | Mail Returned addressed to Dulce Catarina Parreira re Minutes of In Chambers Order/Directive - no proceeding held,, 117 (rfi) (Entered: 06/05/2018) (6) |
| May 30, 2018 | 179 | Mail Returned addressed to Dulce Catarina Parreira re Deficiency in Electronically Filed Documents (G-112A) 156 . (lom) (Entered: 06/04/2018) (6) |
| May 30, 2018 | 180 | Mail Returned addressed to Dulce Catarina Parreira re Pretrial Conference - Final 145 . (lom) (Entered: 06/04/2018) (4) |
| May 30, 2018 | 181 | Mail Returned addressed to Andre TomasDaSilva Pereira Nascimento Parreira re Minutes of In Chambers Order 117 . (lom) (Entered: 06/04/2018) (6) |
| May 30, 2018 | 182 | Mail Returned addressed to Dulce Catarina Parreira re Order/Referral to ADR (No 2) 129 . (lom) (Entered: 06/04/2018) (4) |
| May 30, 2018 | 183 | Mail Returned addressed to Andre TomasDaSilva Pereira Nascimento Parreira re Order/Referral to ADR (No 2) 129 . (lom) (Entered: 06/04/2018) (4) |
| May 30, 2018 | 184 | Mail Returned addressed to Dulce Catarina Parreira, Andre TomasDaSilva Pereira Nascimento Parreira re Pretrial Conference 149 . (lom) (Entered: 06/04/2018) (6) |
| May 30, 2018 | 185 | Mail Returned addressed to Dulce Catarina Parreira re Pretrial Conference - Final - optional html form, 149 . (mrgo) (Entered: 06/05/2018) (6) |
| May 24, 2018 | 176 | Mail Returned addressed to Dulce Catarina Parreira re Order on Motion 152 . (iv) (Entered: 05/25/2018) (5) |
| May 24, 2018 | 177 | Mail Returned addressed to Dulce Catarina Parreira re Minutes of In Chambers Order/Directive - 154 . (iv) (Entered: 05/25/2018) (5) |
| May 24, 2018 | 178 | Mail Returned addressed to Andre TomasDa Silva Pereira Nascimento Parreira re Minutes of In Chambers Order 154 . (iv) (Entered: 05/25/2018) (5) |
| May 23, 2018 | 175 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Dulce Catarina Parreira an individual and Andre Tomas Da Silva Pereira Nascimento Parreira an individual (yl) (Entered: 05/24/2018) (1) |
| May 22, 2018 | 173 | TRANSCRIPT ORDER as to plaintiff Webspectator Corporation for Court Reporter. Court will contact Toyia Ellis at toyia.ellis@dlapiper.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kaltgrad, Amir) (Entered: 05/22/2018) (1) |
| May 18, 2018 | 170 | [STRICKEN PURSUANT TO DE 174] ANSWER to Webspectator Corporation's Reply in Support of its Motion for sanctions for spoliation of evidence 155 filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (et) Modified on 5/23/2018 (yl). (Entered: 05/21/2018) (13) |
| May 18, 2018 | 171 | DECLARATION of ANDRE T. PARREIRA filed by Defendant Andre Tomas Da Silva Pereira Nascimento Parreira. (et) (Entered: 05/21/2018) (3) |
| May 18, 2018 | 172 | PROOF OF SERVICE filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira, re Response in Opposition to Motion 170 , Declaration 171 served on 5/18/2018. (et) (Entered: 05/21/2018) (4) |
| May 18, 2018 | 174 | MINUTES OF FOR SANCTIONS (Held and Completed) held before Judge Percy Anderson: Before the Court is a Motion for Sanctions for Spoliation of Evidence filed by plaintiff Webspectator Corporation ("Plaintiff") (Docket No. 155). For all of the foregoing reasons, the Court grants Plaintiffs Motion for Sanctions and concludes that terminating sanctions are the only appropriate sanction in this instance under both Federal Rule of Civil Procedure 37(e)(2)(C) and the Cour's inherent authority. The Court therefore strikes Defendants' Answer and enters their defaults. Plaintiff shall file a Motion for Default Judgment by no later than June 11, 2018, and set it for a hearing no later than July 16, 2018. The Motion for Default Judgment shall include sufficient evidence and argument toestablish an amount of damages the Court may award and the specific terms of injunctive relief Plaintiff seeks. Failure to adequately substantiate the amount of damages may result in the denial of the Motion for Default Judgment, a Judgment that does not award damages, or the dismissal of the action. The Court vacates the trial currently set to begin on May 22, 2018. IT IS SO ORDERED. Court Reporter: Chia Mei Jui. (yl) Modified on 5/31/2018 (yl). (Entered: 05/23/2018) (14) |
| May 17, 2018 | 168 | Final PRETRIAL STIPULATION regarding Exhibits . (Garofalo, Ellyn) (Entered: 05/17/2018) (30) |
| May 17, 2018 | 169 | MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson: The Court denies Plaintiff's EX PARTE APPLICATION 167 as moot. (jp) (Entered: 05/17/2018) (1) |
| May 16, 2018 | 164 | REPLY in Support of NOTICE OF MOTION AND MOTION for Sanctions for Spoliation of Evidence 155 filed by Plaintiff Webspectator Corporation. (Attachments: # 1 Declaration of Ellyn S. Garofalo, # 2 Declaration (Supplemental) of Andrew Batkin, # 3 Proof of Service re Reply ISO Motion for Sanctions for Spoliation of Evidence)(Garofalo, Ellyn) (Entered: 05/16/2018) (0) |
| May 16, 2018 | 165 | TRANSCRIPT for proceedings held on 3/26/18. Court Reporter: Phyllis Preston, email: stenojag@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 6/6/2018. Redacted Transcript Deadline set for 6/18/2018. Release of Transcript Restriction set for 8/14/2018. (Preston, Phyllis) (Entered: 05/16/2018) (0) |
| May 16, 2018 | 166 | NOTICE OF FILING TRANSCRIPT filed for proceedings 3/26/18 re Transcript 165 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Preston, Phyllis) TEXT ONLY ENTRY (Entered: 05/16/2018) (0) |
| May 16, 2018 | 167 | EX PARTE APPLICATION for Order for Allowing Andrew Batkin to Testify via Videoconference at May 18, 2018 Evidentiary Hearing filed by Plaintiff Webspectator Corporation. (Attachments: # 1 Declaration of Ellyn S. Garofalo, # 2 Declaration of Andrew M. Batkin, # 3 Proposed Order, # 4 Proof of Service) (Garofalo, Ellyn) (Entered: 05/16/2018) (0) |
| May 14, 2018 | 163 | DEFENDANTS ANSWER TO MOTION FOR SANCTIONS FOR SPOLIATION OF EVIDENCE, SUBMITTED PURSUANT TO THE COURT'S APRIL 26, 2018 155 filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (lom) (Entered: 05/14/2018) (30) |
| May 11, 2018 | 162 | NOTICE OF ERRATA filed by Plaintiff Webspectator Corporation. correcting NOTICE OF MOTION AND MOTION for Sanctions for Spoliation of Evidence 155 (Attachments: # 1 Exhibit A to Notice of Errata, # 2 Proof of Service re Notice of Errata)(Kaltgrad, Amir) (Entered: 05/11/2018) (0) |
| May 9, 2018 | 159 | TRANSCRIPT ORDER as to plaintiff Webspectator Corporation for Court Reporter. Court will contact Audrey K. Tan at ATan@gibsondunn.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (at) (Entered: 05/09/2018) (1) |
| May 9, 2018 | 160 | TRANSCRIPT for proceedings held on 4/26/18 PM Hrg. Court Reporter: Deborah K. Gackle, phone number (213) 894-8913 deborahgackle.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 5/30/2018. Redacted Transcript Deadline set for 6/11/2018. Release of Transcript Restriction set for 8/7/2018. (Gackle, Deborah) (Entered: 05/09/2018) (0) |
| May 9, 2018 | 161 | NOTICE OF FILING TRANSCRIPT filed for proceedings 4/26/18 PM Hrg re Transcript 160 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Gackle, Deborah) TEXT ONLY ENTRY (Entered: 05/09/2018) (0) |
| May 8, 2018 | 158 | NOTICE OF LODGING filed [re Deposition Transcript of Defendant Andre Tomas Da Silva Pereira Nascimento Parreira] re NOTICE OF MOTION AND MOTION for Sanctions for Spoliation of Evidence 155 (Kaltgrad, Amir) (Entered: 05/08/2018) (4) |
| May 7, 2018 | 156 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: NOTICE OF MOTION AND MOTION for Sanctions for Spoliation of Evidence 155 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): A proposed order is missing. Per Local Rule 5-4.4, "the proposed order or other proposed document shall be in PDF format and included, as an attachment, to the main electronically filed document (e.g., stipulations, applications, motions)." Or "electronically lodged as an attachment to a Notice of Lodging." In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (mrgo) (Entered: 05/07/2018) (2) |
| May 7, 2018 | 157 | NOTICE OF ERRATA filed by Plaintiff Webspectator Corporation. correcting NOTICE OF MOTION AND MOTION for Sanctions for Spoliation of Evidence 155 (Attachments: # 1 Proof of Service)(Kaltgrad, Amir) (Entered: 05/07/2018) (0) |
| May 4, 2018 | 155 | NOTICE OF MOTION AND MOTION for Sanctions for Spoliation of Evidence filed by Plaintiff Webspectator Corporation. Motion set for hearing on 5/18/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration of Amir Kaltgrad, # 2 Exhibit 1 to Declaration of Amir Kaltgrad, # 3 Declaration of Andrew M. Batkin, # 4 Exhibit 1 through 5 to Declaration of Andrew M. Batkin, # 5 Declaration of Daniel Morlin Cardoso Lopes Serra, # 6 Exhibit 1 through 9 to Declaration of Daniel Morlin Cardoso Lopes Serra, # 7 Exhibit 10 through 26 to Declaration of Daniel Morlin Cardoso Lopes Serra, # 8 Exhibit Proof of Service) (Garofalo, Ellyn) (Entered: 05/04/2018) (0) |
| May 3, 2018 | 154 | MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court continues the hearing on plaintiffs Motions in Limine (Docket Nos. 135, 136, 137, and 138) from May 14, 2018, to May 18, 2018, at 1:30 p.m. (mrgo) (Entered: 05/03/2018) (1) |
| May 2, 2018 | 153 | TRANSCRIPT ORDER as to plaintiff Webspectator Corporation for Court Reporter. Court will contact Toyia Ellis at toyia.ellis@dlapiper.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kaltgrad, Amir) (Entered: 05/02/2018) (1) |
| May 1, 2018 | 152 | MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson denying 150 REQUEST for Appointment of Counsel. Attached to this order is a list of lawyer referral and/or legal representation agencies Defendants may wish to consult. (See document for details) (mrgo) (Entered: 05/02/2018) (2) |
| Apr 30, 2018 | 150 | ATTORNEY REQUEST FOR DEFENDANTS PRO SE REPRESENTATION filed by defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (mrgo) (Entered: 05/01/2018) (2) |
| Apr 30, 2018 | 151 | DECLARATION of Dulce Parreira in Response to Order to Show Cause on April 20, 2018, filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (mrgo) (Entered: 05/01/2018) (4) |
| Apr 26, 2018 | 149 | MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Percy Anderson. Defendant Dulce Parreira, acting as Pro Se, in not present. The Court orders Dulce Parreira to show cause by May 14, 2018 why default should not be entered against her for failing to comply with the Court's order to appear at all proceedings prior to trial. The Court has reviewed Webspectator Corporations Motion in Limine No. 3, in which plaintiff alleges that the defendants proceeded to delete and destroy plaintiff's servers, Microsoft account, and all Microsoft emails, including those evidencing the activities giving rise to this lawsuit. That deletion occurred allegedly after the entry of the Court's preliminary injunction. The Court deems this as a motion for sanctions for spoliation of evidence. Sanctions may include monetary as well as evidentiary sanctions, including entry of the default of the offending party. The Court orders a briefing schedule. Plaintiff's brief is due on May 4, 2018. Defendants opposition is due May 11, 2018. Plaintiff's reply, if any, is due by or before noon on May 16, 2018. The Court schedules an evidentiary hearing on May 18, 2018, at 1:30 p.m. Court Reporter: Deborah Gackle. (mrgo) (Entered: 04/30/2018) (1) |
| Apr 24, 2018 | 148 | MEDIATION REPORT Filed by Mediator (ADR Panel) Alan Friedman: Mediation held on April 23, 2018. The parties are unable to reach an agreement at this time.Counsel: Please evaluate the effectiveness of the ADR Program by completing a survey on your mediation experience. To access the survey, click on the following link: MediationParticipantSurvey(Friedman, Alan) (Entered: 04/24/2018) (1) |
| Apr 23, 2018 | 146 | Plaintiff Webspectator Corporation's Identification of Officers and Directors filed by Plaintiff Webspectator Corporation re: Pretrial Conference - Final - optional html form,,, Set/Reset Deadlines,, 145 (Garofalo, Ellyn) (Entered: 04/23/2018) (2) |
| Apr 23, 2018 | 147 | PROOF OF SERVICE filed by plaintiff Webspectator Corporation, re Miscellaneous Document 146 served on April 23, 2018. (Garofalo, Ellyn) (Entered: 04/23/2018) (3) |
| Apr 20, 2018 | 135 | NOTICE OF MOTION AND MOTION IN LIMINE (#1) to Exclude All Evidence Relating to Webspectator's Alleged Breach of the March 10, 2012 License and Services Agreement, etc. filed by plaintiff Webspectator Corporation. Motion set for hearing on 5/14/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration of Amir Kaltgrad in Support of Plaintiff's Webspectator Corporation's Motion in Limine No. 1, # 2 Exhibit A-D to Declaration of Amir Kaltgrad, # 3 Exhibit E-H to Declaration of Amir Kaltgrad)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 136 | NOTICE OF MOTION AND MOTION IN LIMINE (#2) to Exclude All Evidence Relating to Defendants' contention that Parreira does not, or did not, own or control Rang Do LLP or affiliated entities filed by plaintiff Webspectator Corporation. Motion set for hearing on 5/14/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration of Amir Kaltgrad in Support of Plaintiff Webspectator Corporation's Motion in Limine No. 2, # 2 Exhibits A-D to Declaration of Amir Kaltgrad, # 3 Exhibits E-G to Declaration of Amir Kaltgrad)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 137 | NOTICE OF MOTION AND MOTION IN LIMINE (#3) to Exclude All Evidence Relating to Defendants' Contention that Parreira was not Responsible for Deleting Webspectator's Amazon Web Servers and Microsoft 365 Accounts filed by plaintiff Webspectator Corporation. Motion set for hearing on 5/14/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration of Amir Kaltgrad in Support of Plaintiff Webspectator Corporation's Motion in Limine No. 3, # 2 Exhibits A-D to Declaration of Amir Kaltgrad, # 3 Exhibits E-I to Declaration of Amir Kaltgrad)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 138 | NOTICE OF MOTION AND MOTION IN LIMINE (#4) to Exclude All Evidence Relating to Defendants' Contention that they Returned Webspectator's Passwords, User Names and Email Addresses After Being Removed from Webspectator and/or After Entry of the Preliminary Injunction filed by plaintiff Webspectator Corporation. Motion set for hearing on 5/14/2018 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration of Amir Kaltgrad in Support of Plaintiff Webspectator Corporation's Motion in Limine No. 4, # 2 Exhibits A-D to Declaration of Amir Kaltgrad, # 3 Exhibits E-G to Declaration of Amir Kaltgrad)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 139 | PROOF OF SERVICE filed by plaintiff Webspectator Corporation, re MOTION IN LIMINE (#4) to Exclude All Evidence Relating to Defendants' Contention that they Returned Webspectator's Passwords, User Names and Email Addresses After Being Removed from Webspectator and/or After Entry of the Preliminary I 138 , MOTION IN LIMINE (#1) to Exclude All Evidence Relating to Webspectator's Alleged Breach of the March 10, 2012 License and Services Agreement, etc. 135 , MOTION IN LIMINE (#3) to Exclude All Evidence Relating to Defendants' Contention that Parreira was not Responsible for Deleting Webspectator's Amazon Web Servers and Microsoft 365 Accounts 137 , MOTION IN LIMINE (#2) to Exclude All Evidence Relating to Defendants' contention that Parreira does not, or did not, own or control Rang Do LLP or affiliated entities 136 served on April 20, 2018. (Kaltgrad, Amir) (Entered: 04/20/2018) (4) |
| Apr 20, 2018 | 140 | NOTICE OF LODGING filed re MOTION IN LIMINE (#1) to Exclude All Evidence Relating to Webspectator's Alleged Breach of the March 10, 2012 License and Services Agreement, etc. 135 (Attachments: # 1 Exhibit A to Notice of Lodging re MIL No. 1)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 141 | NOTICE OF LODGING filed re MOTION IN LIMINE (#2) to Exclude All Evidence Relating to Defendants' contention that Parreira does not, or did not, own or control Rang Do LLP or affiliated entities 136 (Attachments: # 1 Exhibit A to Notice of Lodging re MIL No. 2)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 142 | NOTICE OF LODGING filed re MOTION IN LIMINE (#3) to Exclude All Evidence Relating to Defendants' Contention that Parreira was not Responsible for Deleting Webspectator's Amazon Web Servers and Microsoft 365 Accounts 137 (Attachments: # 1 Exhibit A to Notice of Lodging re MIL No. 3)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 143 | NOTICE OF LODGING filed re MOTION IN LIMINE (#4) to Exclude All Evidence Relating to Defendants' Contention that they Returned Webspectator's Passwords, User Names and Email Addresses After Being Removed from Webspectator and/or After Entry of the Preliminary I 138 (Attachments: # 1 Exhibit A to Notice of Lodging re MIL No. 4)(Kaltgrad, Amir) (Entered: 04/20/2018) (0) |
| Apr 20, 2018 | 144 | PROOF OF SERVICE filed by Plaintiff Webspectator Corporation, re Notice of Lodging, 142 , Notice of Lodging, 140 , Notice of Lodging, 141 , Notice of Lodging, 143 served on 4/20/2018. (Kaltgrad, Amir) (Entered: 04/20/2018) (4) |
| Apr 20, 2018 | 145 | MINUTES OF FINAL PRETRIAL CONFERENCE held before Judge Percy Anderson. The Court orders Dulce Parreira to show cause by April 27, 2018 why default should not be entered against her for failing to comply with the Court's order and not appearing at the Final Pretrial Conference. The Court continues the Final Pretrial Conference to April 26, 2018, at 1:30 p.m. The Court warns the defendants and officers of Webspectator Corporation that they are required to personally appear at mediation, currently calendared for April 23, 2018, and Final Pretrial Conference on April 26, 2018. Failure to appear may result in the entry of default or dismissal of the case. Court Reporter: Sandra Macneil. (mrgo) (Entered: 04/23/2018) (1) |
| Apr 19, 2018 | 133 | NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Alan Friedman has been assigned to serve as Panel Mediator. (mb) (Entered: 04/19/2018) (1) |
| Apr 19, 2018 | 134 | STATEMENT of the Case filed by Plaintiff Webspectator Corporation (Kaltgrad, Amir) (Entered: 04/19/2018) (5) |
| Apr 18, 2018 | 129 | ORDER/REFERRAL to ADR Procedure No 2 by Judge Percy Anderson. Case ordered to Court Mediation Panel for mediation. ADR Proceeding to be held no later than April 23, 2018. (mrgo) (Entered: 04/18/2018) (1) |
| Apr 18, 2018 | 130 | NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Philip Meldman has been assigned to serve as Panel Mediator. (mb) (Entered: 04/18/2018) (1) |
| Apr 17, 2018 | 118 | STIPULATION REGARDING SELECTION of Panel Mediator filed. Parties stipulate that Philip Meldman, Esq. may serve as Panel Mediator. Plaintiff obtained the Panel Mediators consent to serve. All parties and the Panel Mediator have agreed that the mediation will be held on 4/23/2018 and counsel will submit mediation statements seven (7) calendar days before the session. Filed by Plaintiff Webspectator Corporation(Kaltgrad, Amir) (Entered: 04/17/2018) (3) |
| Apr 17, 2018 | 119 | TRANSCRIPT ORDER as to plaintiff Webspectator Corporation for Court Reporter. Court will contact Toyia Ellis at toyia.ellis@dlapiper.com with further instructions regarding this order. Transcript preparation will not begin until payment has been satisfied with the court reporter. (Kaltgrad, Amir) (Entered: 04/17/2018) (1) |
| Apr 17, 2018 | 120 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 04/17/2018) (30) |
| Apr 17, 2018 | 121 | PROPOSED SPECIAL JURY VERDICT filed by plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 04/17/2018) (25) |
| Apr 17, 2018 | 122 | JOINT Exhibit List filed by plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 04/17/2018) (24) |
| Apr 17, 2018 | 123 | Witness List filed by plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 04/17/2018) (15) |
| Apr 17, 2018 | 124 | STATEMENT Regarding Settlement filed by Plaintiff Webspectator Corporation (Garofalo, Ellyn) (Entered: 04/17/2018) (4) |
| Apr 17, 2018 | 125 | PROPOSED JURY INSTRUCTIONS (Annotated set) filed by plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 04/17/2018) (30) |
| Apr 17, 2018 | 126 | Witness List filed by plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 04/17/2018) (6) |
| Apr 17, 2018 | 127 | Joint PRETRIAL STIPULATION regarding Exhibits . (Garofalo, Ellyn) (Entered: 04/17/2018) (30) |
| Apr 17, 2018 | 128 | NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Webspectator Corporation. (Attachments: # 1 Exhibit A)(Garofalo, Ellyn) (Entered: 04/17/2018) (0) |
| Apr 17, 2018 | 131 | PROPOSED SPECIAL VERDICT FORM filed by defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (mrgo) (Entered: 04/19/2018) (11) |
| Apr 17, 2018 | 132 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (Attachments: # 1 Part 2, # 2 Part 3)(mrgo) (Entered: 04/19/2018) (0) |
| Apr 10, 2018 | 117 | MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The Court has conducted a preliminary review of the pretrial documents filed on April 6, 2018. Defendants Andr Parreira and Dulce Parreira (the "Parreiras"), who are appearing pro se, have not filed any of the required pretrial documents, including their Memorandum of Contentions of Fact and Law, Exhibit List, and Witness List. The Parreiras have also not signed or drafted their portions of the joint pretrial documents, including the Trial Witness Estimate Form, Pretrial Exhibit Stipulation, Jury Instructions, Verdict Form, and Joint Statement Regarding Settlement. (See document for further details) (mrgo) (Entered: 04/10/2018) (2) |
| Apr 6, 2018 | 108 | NOTICE OF LODGING Proposed Pretrial Conference Order Plaintiff Webspectator Corporation. (Attachments: # 1 (Proposed) Pre-Trial Conference Order)(Garofalo, Ellyn) (Entered: 04/06/2018) (0) |
| Apr 6, 2018 | 109 | MEMORANDUM of CONTENTIONS of FACT and LAW filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 04/06/2018) (30) |
| Apr 6, 2018 | 110 | PRETRIAL STIPULATION regarding Exhibits . (Garofalo, Ellyn) (Entered: 04/06/2018) (30) |
| Apr 6, 2018 | 111 | Exhibit List filed by Plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 04/06/2018) (22) |
| Apr 6, 2018 | 112 | Witness List filed by Plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 04/06/2018) (7) |
| Apr 6, 2018 | 113 | PROPOSED SPECIAL JURY VERDICT filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 04/06/2018) (13) |
| Apr 6, 2018 | 114 | PROPOSED JURY INSTRUCTIONS (Annotated set) filed by Plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 04/06/2018) (30) |
| Apr 6, 2018 | 115 | STATEMENT Regarding Settlement filed by Plaintiff Webspectator Corporation (Garofalo, Ellyn) (Entered: 04/06/2018) (4) |
| Apr 6, 2018 | 116 | Trial Witness Estimate Form filed by Plaintiff Webspectator Corporation (Garofalo, Ellyn) (Entered: 04/06/2018) (11) |
| Mar 26, 2018 | 107 | MINUTES OF MOTION to Relieve Buchalter, APC as counsel and to proceed Pro Se 98 Hearing held before Judge Percy Anderson. For the reasons stated on the record, the Court grants the Motion to relieve Buchalter, APC as counsel of record for defendants Andr Parreira and Dulce Parreira, and allows the defendants to appear Pro Se. Attorney William McDonald Miller, IV; Mark T Cramer and David Egon Mark terminated. Court Reporter: Phyllis Preston. (mrgo) (Entered: 03/27/2018) (1) |
| Mar 22, 2018 | 106 | MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court has reviewed the Declaration of Mark Cramer (Cramer Declaration) 105 filed in response to the Court's March 16, 2018 Minute Order 103 , which granted the Ex Parte Application to shorten time to hear the Motion to Relieve Buchalter, APC as Counsel (Motion to Withdraw) filed by defendants Andr Parreira and Dulce Parreira (the Parreiras). According to the Cramer Declaration, and a communication from Andr Parreira attached as an exhibit to the Cramer Declaration, the Parreiras lack the funds to travel from their residence in Portugal to attend the hearing on the Motion to Withdraw that is currently calendared for March 26, 2018, at 1:30 p.m. The Court will allow the Parreiras to attend the hearing on the Motion to Withdraw telephonically. The Court warns the Parreiras that even if the Court grants the Motion to Withdraw, and the Parreiras elect to represent themselves and proceed pro se, the Court will require the Parreiras to personally appear at both the Pretrial Conference, currently calendared for April 20, 2018, at 1:30 p.m., and the Trial, currently calendared for May 22, 2018. (lom) (Entered: 03/22/2018) (1) |
| Mar 21, 2018 | 105 | DECLARATION of Mark T. Cramer re Order on Motion to Shorten Time for Hearing,, 103 filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (Attachments: # 1 Exhibit A to Declaration re Compliance with the Court's March 16, 2018 Order, # 2 Exhibit 1 to Exhibit A to Declaration re Compliance with the Court's March 16, 2018 Order)(Cramer, Mark) (Entered: 03/21/2018) (0) |
| Mar 19, 2018 | 101 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: EX PARTE APPLICATION to Shorten Time for Hearing on Parreira Defendants' Motion to Relieve Buchalter, APC as Counsel and Proceed Pro Se 99 , Notice (Other), 98 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Motions > Withdraw as Attorney. Proposed Document was not submitted as separate attachment. No proposed order was submitted as a separate attachment to the Notice of Motion or to a Notice of Lodging. Other error(s) with document(s): Document numbers 98, 98-1, and 99 are improperly formatted pdfs. Please contact the Help Desk for assistance at ecf-helpdesk@cacd.uscourts.gov. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order 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. (mrgo) (Entered: 03/19/2018) (2) |
| Mar 19, 2018 | 104 | MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: 100 EX PARTE APPLICATION to Continue. Unless and until the Court grants the Motion to Withdraw, counsel for the Parreiras remain counsel of record in this action, and the pending Motion to Withdraw does not relieve counsel of their obligations to represent their clients and abide by the Civil Trial Scheduling Order and other orders issued by this Court. The Court directs the parties to Local Rule 83-2.3, governing the withdrawal and substitution of attorneys. The Court therefore concludes that the parties have not established good cause to continue the trial date. The Court will, however, enter any necessary order to continue the discovery cutoff for the purpose of allowing Webspectator to depose the Parreiras. The Court otherwise denies the Ex Parte Application to Continue Trial. (mrgo) (Entered: 03/19/2018) (1) |
| Mar 16, 2018 | 98 | NOTICE of Motion and Motion of Defendants Andre and Dulce Parreira to Relieve Buchalter, APC as Counsel and to Proceed Pro Se; Declaration of Mark T. Cramer in Support Thereof filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (Attachments: # 1 Declaration of Mark T. Cramer, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Cramer, Mark) Modified on 3/27/2018 (mrgo). (Entered: 03/16/2018) (0) |
| Mar 16, 2018 | 99 | EX PARTE APPLICATION to Shorten Time for Hearing on Parreira Defendants' Motion to Relieve Buchalter, APC as Counsel and Proceed Pro Se filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (Attachments: # 1 Declaration of Mark T. Cramer, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order on Ex Parte Application Shortening Time on Hearing) (Cramer, Mark) (Entered: 03/16/2018) (0) |
| Mar 16, 2018 | 100 | EX PARTE APPLICATION to Continue Trial Date from May 22, 2018 to 90 days from May 22, 2018 or a date convenient for the Court. filed by Plainitff Webspectator Corporation. (Attachments: # 1 Declaration of Ellyn S. Garofalo in Support of Plaintiff's Ex Parte Application for Order to Continuing Trial Date, # 2 Declaration of Amir Kaltgrad in Support of Plaintiff's Ex Parte Application for Order to Continuing Trial Date, # 3 Proposed Order Granting Plaintiff's Ex Parte Application for Order Continuing Trial Date) (Garofalo, Ellyn) (Entered: 03/16/2018) (0) |
| Mar 16, 2018 | 102 | SELF-REPRESENTATION ORDER by Judge Percy Anderson. (See document for details) (mrgo) (Entered: 03/19/2018) (15) |
| Mar 16, 2018 | 103 | MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson re: 99 EX PARTE APPLICATION to Shorten Time for Hearing. Before the Court is an Ex Parte Application to Shorten Time for the Hearing on the Motion to Relieve Buchalter, APC as Counsel ("Motion to Withdraw") filed by defendants Andr Parreira and Dulce Pareira (the "Parreiras") (Docket No. 99). The Court grants the Ex Parte Application to Shorten Time and advances the hearing on the Motion to Withdraw from April 16, 2018, to March 26, 2018, at 1:30 p.m. (See document for details) (mrgo) (Entered: 03/19/2018) (2) |
| Mar 13, 2018 | 96 | ORDER by Judge Percy Anderson: denying 94 Request to Substitute Attorney as to Andre Tomas Da Silva Pereira Nascimento Parreira. Denied without prejudice. Counsel will need to file a motion to be relieved. (mrgo) (Entered: 03/14/2018) (1) |
| Mar 13, 2018 | 97 | ORDER by Judge Percy Anderson: denying 95 Request to Substitute Attorney as to Dulce Catarina Parreira. Denied without prejudice. Counsel will need to file a motion to be relieved. (mrgo) (Entered: 03/14/2018) (1) |
| Mar 12, 2018 | 94 | REQUEST TO SUBSTITUTE ATTORNEY Pro Se (Andre Tomas Da Silva Pereira Nascimento Parreira) in place of attorney Mark T. Cramer, William M. Miller, David E. Mark filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (Attachments: # 1 Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney) (Cramer, Mark) (Entered: 03/12/2018) (0) |
| Mar 12, 2018 | 95 | REQUEST TO SUBSTITUTE ATTORNEY Pro Se (Dulce Catarina Parreira) in place of attorney Mark T. Cramer, William M. Miller, David E. Mark filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira. (Attachments: # 1 Proposed Order on Request for Approval of Substitution or Withdrawal of Attorney) (Cramer, Mark) (Entered: 03/12/2018) (0) |
| Mar 5, 2018 | 91 | DECLARATION of Amir Kaltgrad re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines 90 filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 03/05/2018) (3) |
| Mar 5, 2018 | 92 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Adcell Inc a Delaware corporation. (mrgo) (Entered: 03/05/2018) (1) |
| Mar 5, 2018 | 93 | MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. Plaintiff has no satisfactory explanation for why it did not timely serve Rafael Mora Funes, Trugaze S.A., or Gorgeous Equation LDA. The Court therefore dismisses Rafael Mora Funes, Trugaze S.A., and Gorgeous Equation LDA without prejudice for lack of prosecution and failure to comply with the Court's October 31, 2017 Minute Order. See Fed. R. Civ. P. 41(b); see also Yourish, 191 F.3d at 986-88; Ferdik, 963 F.2d at 1260. Pursuant to the Court's February 8, 2018 Minute Order, the Court will enter the default of AdCell, Inc. Trugaze S.A., Rafael Mora Funes (an individual) and Gorgeous Equation LDA (a Portuguese Limited Company) terminated. (See document for further details) (mrgo) (Entered: 03/06/2018) (4) |
| Feb 8, 2018 | 90 | MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. The Court extends the deadline for plaintiff to respond to the December 21, 2017 Order to Show Cause to March 5, 2018. (mrgo) (Entered: 02/09/2018) (1) |
| Feb 5, 2018 | 89 | DECLARATION of Amir Kaltgrad re Minutes of In Chambers Order/Directive - no proceeding held,, Set/Reset Deadlines, 88 filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 02/05/2018) (11) |
| Jan 23, 2018 | 88 | MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. The Court extends the deadline for plaintiff to respond to the December 21, 2017 Order to Show Cause to February 5, 2018. (See document for details) (mrgo) (Entered: 01/23/2018) (1) |
| Jan 3, 2018 | 87 | NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against defendant Adcell Inc 85 . The Clerk cannot enter the requested relief as: The name of the person served does not exactly match the person named in complaint. (yl) (Entered: 01/03/2018) (1) |
| Jan 2, 2018 | 86 | DECLARATION of Ellyn S. Garofalo re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines 84 filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 01/02/2018) (30) |
| Dec 29, 2017 | 85 | REQUEST for Clerk to Enter Default against defendant Adcell Inc filed by plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 12/29/2017) (16) |
| Dec 21, 2017 | 84 | MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE DISMISSAL FOR LACK OF PROSECUTION by Judge Percy Anderson. (Show Cause Response due by 1/3/2018.) (mrgo) Modified on 12/21/2017 (mrgo). (Entered: 12/21/2017) (1) |
| Dec 4, 2017 | 81 | PROOF OF SERVICE Executed by Plaintiff Webspectator Corporation, upon Defendant Adcell Inc served on 11/16/2017, answer due 12/7/2017. Service of the Summons and Complaint were executed upon AdCell Inc. in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entitya.Original Summons NOT returned. (Garofalo, Ellyn) (Entered: 12/04/2017) (2) |
| Dec 4, 2017 | 82 | PROOF OF SERVICE Executed by Plaintiff Webspectator Corporation, upon Defendant Trugaze S.A. served on 11/21/2017, answer due 12/12/2017. Service of the Summons and Complaint were executed upon Trugaze S.A. in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (Garofalo, Ellyn) (Entered: 12/04/2017) (2) |
| Dec 4, 2017 | 83 | PROOF OF SERVICE Executed by Plaintiff Webspectator Corporation, upon Defendant Gorgeous Equation LDA served on 11/16/2017, answer due 12/7/2017. Service of the Summons and Complaint were executed upon Gorgeous Equation LDA in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (Garofalo, Ellyn) (Entered: 12/04/2017) (2) |
| Nov 30, 2017 | 80 | RESPONSE filed by Plaintiff Webspectator Corporationto Minutes of In Chambers Order/Directive - no proceeding held,,,,, Set/Reset Deadlines,,,, 78 (Attachments: # 1 Declaration of Ellyn S. Garofalo in Response to November 21, 2017 Order [Doc #78] Re: Service of Process on Defendant Rafael Mora Funes)(Garofalo, Ellyn) (Entered: 11/30/2017) (0) |
| Nov 29, 2017 | 79 | PROOF OF SERVICE Executed by Plaintiff Webspectator Corporation, upon Defendant Rafael Mora Funes served on 11/16/2017, answer due 12/7/2017. Service of the Summons and Complaint were executed upon Rafael Luis Mora Funes in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (Garofalo, Ellyn) (Entered: 11/29/2017) (2) |
| Nov 21, 2017 | 78 | MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson. On October 31, 2017, the Court ordered plaintiff Webspectator Corp. ("Plaintiff") to show cause in writing why its claims against defendant Rafael Mora Funes ("Mora") should not be dismissed for lack of prosecution. In response to that Order to Show Cause, Plaintiff filed a Request for Entry of Default against Mora. As part of the Request for Entry of Default, Plaintiff asserted that it had served Mora by certified mail return receipt requested on June 1, 2017. However, the Clerk's Office denied that Request for Entry of Default because, among other reasons, Plaintiff did not submit the return receipt. Nor has Plaintiff attempted to established that service by certified mail on Mora, who is apparently located in Portugal, satisfies the applicable state, federal, and/or international service requirements. The Court therefore orders Plaintiff to submit additional evidence and authority establishing that it has timely and properly served Mora by no later than December 1, 2017. (mrgo) (Entered: 11/21/2017) (1) |
| Nov 20, 2017 | 76 | ANSWER to Amended Complaint, 70 filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira.(Cramer, Mark) (Entered: 11/20/2017) (25) |
| Nov 20, 2017 | 77 | DEMAND for Jury Trial filed by Defendants Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira.. (Cramer, Mark) (Entered: 11/20/2017) (3) |
| Nov 16, 2017 | 75 | 21 DAY Summons Issued re Amended Complaint, 70 as to defendants Adcell Inc, Rafael Mora Funes, Gorgeous Equation LDA, Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira, Webspectator, LDA. (mrgo) (Entered: 11/16/2017) (2) |
| Nov 15, 2017 | 74 | Request for Clerk to Issue Summons on Amended Complaint, 70 filed by plaintiff Webspectator Corporation. (Kaltgrad, Amir) (Entered: 11/15/2017) (2) |
| Nov 13, 2017 | 73 | NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against defendant Rafael Mora Funes 71 . The Clerk cannot enter the requested relief as: No proof of service/waiver of service on file. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. No return receipt attached. (mrgo) (Entered: 11/13/2017) (1) |
| Nov 10, 2017 | 71 | REQUEST for Clerk to Enter Default against defendant Rafael Mora Funes filed by plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 11/10/2017) (11) |
| Nov 10, 2017 | 72 | DECLARATION of Ellyn S. Garofalo in Response to Order to Show Cause Re: Dismissal for Lack of Prosecution filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 11/10/2017) (5) |
| Oct 31, 2017 | 69 | MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson: granting 63 MOTION for Leave to File First Amended Complaint. The Clerk is ordered to file the proposed FAC submitted in support of the Motion. Plaintiff is ordered to serve the new defendants with the FAC and Summons by no later than December 4, 2017. Failure to do so may result in the dismissal of the unserved defendants without prejudice for lack of prosecution without further warning from the Court. Parreira and Dulce shall respond to the FAC by no later than November 20, 2017. (See document for further details) (mrgo) (Entered: 10/31/2017) (3) |
| Oct 31, 2017 | 70 | FIRST AMENDED COMPLAINT against defendants Adcell Inc, DOES, Rafael Mora Funes, Gorgeous Equation LDA, Dulce Catarina Parreira, Andre Tomas Da Silva Pereira Nascimento Parreira, Webspectator, LDA; amending Complaint (Attorney Civil Case Opening) 1 , filed by plaintiff Webspectator Corporation. (mrgo) (Entered: 10/31/2017) (30) |
| Oct 23, 2017 | 66 | NOTICE of Change of Attorney Business or Contact Information: for attorney Ellyn S Garofalo counsel for Plaintiff Webspectator Corporation. Changing firm name to DLA Piper LLP (US). Changing e-mail to ellyn.garofalo@dlapiper.com. Filed by plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 10/23/2017) (2) |
| Oct 23, 2017 | 67 | NOTICE of Change of Attorney Business or Contact Information: for attorney Amir Kaltgrad counsel for Plaintiff Webspectator Corporation. Changing firm name to DLA Piper LLP (US). Changing e-mail to amir.kaltgrad@dlapiper.com. Filed by plaintiff Webspectator Corporation. (Kaltgrad, Amir) (Entered: 10/23/2017) (2) |
| Oct 23, 2017 | 68 | REPLY in support of NOTICE OF MOTION AND MOTION to to File First Amended Complaint 63 filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 10/23/2017) (5) |
| Oct 16, 2017 | 65 | Opposition to re: NOTICE OF MOTION AND MOTION to to File First Amended Complaint 63 filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Cramer, Mark) (Entered: 10/16/2017) (6) |
| Oct 10, 2017 | 64 | Pursuant to Local Rule 5-4.3.1, documents filed electronically must be submitted in Portable Document Format ("PDF"), created using word-processing software, and published to PDF from the original word-processing file to permit the electronic version of the document to be searched. Other than signature pages, PDF IMAGES CREATED BY SCANNING PAPER DOCUMENTS ARE PROHIBITED. Violation of Local Rule 5-4.3.1 may result in the striking of the offending document and the imposition of monetary or other sanctions. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 10/10/2017) (0) |
| Sep 29, 2017 | 63 | NOTICE OF MOTION AND MOTION to to File First Amended Complaint filed by Plaintiff Webspectator Corporation. Motion set for hearing on 11/6/2017 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration of Ellyn S. Garofalo, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Order Proposed Order, # 8 First Amended Complaint, # 9 Proof of Service) (Garofalo, Ellyn) (Entered: 09/29/2017) (0) |
| Aug 15, 2017 | 62 | CIVIL TRIAL SCHEDULING ORDER [FED. R. CIV. P. 16(b)] by Judge Percy Anderson. (Discovery cut-off 3/12/2018. Motions due by 3/19/2018. Final Pretrial Conference set for 4/20/2018 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 5/22/2018 at 09:00 AM before Judge Percy Anderson.) (mrgo) (Entered: 08/15/2017) (26) |
| Aug 11, 2017 | 61 | MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. Schedule of Trial and Pretrial Dates: (Amended Pleadings due by 11/13/2017. Discovery cut-off 3/12/2018. Exhibit List due by 4/6/2018. Witness List due by 4/6/2018. Motions due by 3/19/2018. Motions in Limine to be filed by 4/20/2018. Proposed Pretrial Order due by 4/6/2018. Status Report due by 4/6/2018. Last date to conduct settlement conference is 3/26/2018. Final Pretrial Conference set for 4/20/2018 at 01:30 PM before Judge Percy Anderson. Jury Trial set for 5/22/2018 at 09:00 AM before Judge Percy Anderson.) (mrgo) (Entered: 08/15/2017) (2) |
| Aug 7, 2017 | 60 | JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 14 days, filed by Plaintiff Webspectator Corporation.. (Garofalo, Ellyn) (Entered: 08/07/2017) (7) |
| Aug 2, 2017 | 59 | DEFAULT BY CLERK F.R.Civ.P.55(a) as to Webspectator, LDA a Portuguese Limited Company. (mrgo) (Entered: 08/02/2017) (1) |
| Aug 1, 2017 | 58 | REQUEST for Clerk to Enter Default against Defendant Webspectator, LDA filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 08/01/2017) (5) |
| Jul 26, 2017 | 57 | NOTICE OF DEFICIENCY Re: REQUEST for Clerk to Enter Default against Defendant Webspectator, LDA 55 . The Clerk cannot enter the requested relief as: Proof of Service is lacking required information. Requesting party shall file a new Request/Application with noted deficiencies corrected in order to have default reconsidered. Proof of service is incomplete as to 3.b. (mrgo) (Entered: 07/26/2017) (1) |
| Jul 25, 2017 | 56 | DECLARATION of Ellyn S. Garofalo in Response to Order to Show Cause re: Dismissal for Lack of Prosecution filed by Plaintiff Webspectator Corporation. (Kaltgrad, Amir) (Entered: 07/25/2017) (2) |
| Jul 19, 2017 | 53 | PROOF OF SERVICE Executed by Plaintiff Webspectator Corporation, upon Defendant Rafael Mora Funes served on 6/1/2017, answer due 6/22/2017. in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (Garofalo, Ellyn) (Entered: 07/19/2017) (4) |
| Jul 19, 2017 | 54 | PROOF OF SERVICE filed by PLAINTIFF Webspectator Corporation, re Notice of Assignment to United States Judges(CV-18) - optional html form 9 , Declaration (Motion related), 7 , Declaration (Motion related), 6 , Order on Motion for Temporary Restraining Order,,,, 12 , Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form 10 , EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 served on June 1, 2017. (Garofalo, Ellyn) (Entered: 07/19/2017) (4) |
| Jul 19, 2017 | 55 | REQUEST for Clerk to Enter Default against Defendant Webspectator, LDA filed by PLAINTIFF Webspectator Corporation. (Attachments: # 1 Exhibit A to the Declaration of Ellyn S. Garofalo) (Garofalo, Ellyn) (Entered: 07/19/2017) (0) |
| Jul 18, 2017 | 51 | MINUTE ORDER IN CHAMBERS by Judge Percy Anderson: The court, onits own motion, orders plaintiff to show cause in writing on or before July 28, 2017 why defendant Webspectator, LDA should not be dismissed for lack of prosecution. The Order to Show Cause will stand submitted upon the filing of plaintiffs response. Failure to respond to this Order may result in the imposition of sanctions, including but not limited to dismissal of the complaint. (lc) (Entered: 07/18/2017) (1) |
| Jul 18, 2017 | 52 | PROOF OF SERVICE filed by PLAINTIFF Webspectator Corporation, re Order, Set/Reset Hearing 42 (Scheduling Meeting of Counsel [FRCP 16, 26(f)] Scheduling Conference set for August 21, 2017 at 10:30 a.m.) served on July 5, 2017. (Garofalo, Ellyn) (Entered: 07/18/2017) (4) |
| Jul 14, 2017 | 50 | RESPONSE BY THE COURT TO NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENTS RE: Answer to Complaint (Attorney Civil Case Opening) 41 by Clerk of Court. The document is accepted as filed. Notice of Interested Parties was filed on 7/10/17, docket no. 45. (mrgo) (Entered: 07/14/2017) (1) |
| Jul 12, 2017 | 47 | ORDER RE: MICROSOFT ACCOUNT by Judge Percy Anderson. The Court orders Mircosoft Corporation to assign Andrew Batkin, Webspectator Corporation's Chief Executive Officer, as the administrator on the O365 tenant account webspectator.onmicrosoft.com. Andrew Batkin will be solely responsible for removing all other administrators presently assigned to this tenant account and assign a new back administrator, if desired. (smo) (Entered: 07/12/2017) (1) |
| Jul 12, 2017 | 48 | MINUTE ORDER IN CHAMBERS - Court Order by Judge Percy Anderson, re: EX PARTE APPLICATION for Order for Assigning Andrew Batkin as the Administrator of the 0365 Tenant Account Webspectator.onmicrosoft.com 44 . Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds this matter appropriate for decision without oral argument. Plaintiff's Ex Parte Application is granted. However, any future attempts to modify the terms of an order previously issued by the Court must be accomplished through a regularly noticed motion, rather than an ex parte application. See document for details. (smo) (Entered: 07/12/2017) (1) |
| Jul 12, 2017 | 49 | DEMAND for Jury Trial filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira.. (Cramer, Mark) (Entered: 07/12/2017) (3) |
| Jul 10, 2017 | 45 | NOTICE of Interested Parties filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira, identifying Andre Tomas Da Silva Pereira Nascimento Parreira, Dulce Catarina Parreira, Rafael Mora Funes, Webspectator, LDA, Webspectator Corporation, IBT Internet Business Technologies Corporation. (Cramer, Mark) (Entered: 07/10/2017) (2) |
| Jul 10, 2017 | 46 | MEMORANDUM in Opposition to EX PARTE APPLICATION for Order for Assigning Andrew Batkin as the Administrator of the 0365 Tenant Account Webspectator.onmicrosoft.com 44 filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Cramer, Mark) (Entered: 07/10/2017) (7) |
| Jul 7, 2017 | 44 | EX PARTE APPLICATION for Order for Assigning Andrew Batkin as the Administrator of the 0365 Tenant Account Webspectator.onmicrosoft.com filed by PLAINTIFF Webspectator Corporation. (Attachments: # 1 Declaration of Ellyn S. Garofalo in Support of Ex Parte Application for Further Order to Microsoft Exhibit Thereto, # 2 Exhibit A to Declaration of Ellyn S. Garofalo, # 3 Proposed Order to Microsoft re: 0365 Tenant Account WEBSPECTATOR.ONMICROSOFT.COM) (Garofalo, Ellyn) (Entered: 07/07/2017) (0) |
| Jul 5, 2017 | 43 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Attorney Civil Case Opening) 41 . The following error(s) was found: Local Rule 7.1-1 No Notice 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. (cr) (Entered: 07/06/2017) (1) |
| Jul 3, 2017 | 42 | SCHEDULING MEETING OF COUNSEL [FRCP 16, 26(f)] ORDER by Judge Percy Anderson. (Scheduling Conference set for 8/21/2017 at 10:30 AM before Judge Percy Anderson.) (mrgo) (Entered: 07/05/2017) (6) |
| Jun 30, 2017 | 41 | ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira.(Cramer, Mark) (Entered: 06/30/2017) (16) |
| Jun 26, 2017 | 36 | MINUTES (IN CHAMBERS) - COURT ORDER by Judge Percy Anderson granting in part and denying in part 33 EX PARTE APPLICATION for Order to Show Cause. The Court will issue orders directed to the third parties consistent with this order. (See document for specifics) (mrgo) (Entered: 06/27/2017) (3) |
| Jun 26, 2017 | 37 | ORDER RE: SOVRN, INC. by Judge Percy Anderson. The Court orders SOVRN, INC. (SOVRN) to immediately release all funds in its possession related to Webspectator Corporation (Plaintiff) and its accounts at SOVRN generated prior to April 18, 2017, to Plaintiff. SOVRN shall also make payments to Plaintiff in the normal course of business for funds generated after April 18, 2017, for funds in its possession related to Webspectator Corporation's accounts at SOVRN. SOVRN shall also immediately provide control of Plaintiff's SOVRN account, including usernames and passwords, to Plaintiff. IT IS SO ORDERED. (mrgo) (Entered: 06/27/2017) (1) |
| Jun 26, 2017 | 38 | ORDER RE: MICROSOFT ACCOUNT by Judge Percy Anderson. The Court orders Mircosoft Corporation to immediately provide Webspectator Corporation ("Plaintiff") with exclusive administrative access to the email exchange server for webspectator.com. IT IS SO ORDERED. (mrgo) (Entered: 06/27/2017) (1) |
| Jun 26, 2017 | 39 | ORDER RE: GO DADDY ACCOUNT by Judge Percy Anderson. The Court orders GoDaddy Operating Company, LLC ("GoDaddy") to immediately transfer the webspectator.com domain to Webspectator Corporation ("Plaintiff") by removing the current registrant and adding Webspectator Corporation as the new registrant. GoDaddy is further ordered to provide a user name and password to Plaintiff so that Plaintiff may exclusively access the GoDaddy account for the webspectator.com domain. IT IS SO ORDERED. (mrgo) (Entered: 06/27/2017) (1) |
| Jun 26, 2017 | 40 | ORDER RE: AMAZON WEBSERVICES ACCOUNTS by Judge Percy Anderson. The Court orders Amazon Web Services, Inc. to immediately provide Webspectator Corporation ("Plaintiff") with all usernames and passwords or other credentials necessary to exclusively access any Amazon Web Services account related to the Webspectator technological infrastructure, Webspectator source code, and webspectator.com domain. IT IS SO ORDERED. (mrgo) (Entered: 06/27/2017) (1) |
| Jun 23, 2017 | 34 | Notice of Withdrawal of Motion for Order to Show Cause, 32 filed by PLAINTIFF Webspectator Corporation. (Garofalo, Ellyn) (Entered: 06/23/2017) (2) |
| Jun 23, 2017 | 35 | MEMORANDUM in Opposition to EX PARTE APPLICATION for Order to Show Cause re: CONTEMPT 33 filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Attachments: # 1 Declaration of Mark T. Cramer ISO Opposition to Ex Parte Application, # 2 Exhibit A-C to Declaration of Mark T. Cramer)(Cramer, Mark) (Entered: 06/23/2017) (0) |
| Jun 22, 2017 | 32 | EX PARTE APPLICATION for Order to Show Cause re: CONTEMPT filed by PLAINTIFF Webspectator Corporation. (Attachments: # 1 Declaration of Ellyn S. Garofalo, Andrew Batkin, Gary Herman and Daniel Morlim Cardoso Lopes Serra, # 2 Exhibit A-I, # 3 Proposed Order re Contempt, # 4 Proposed Order re Webspectator.com Domain, # 5 Proposed Order re Amazon, # 6 Proposed Order re Webspectator.com Email, # 7 Proposed Order re Sovrn) (Garofalo, Ellyn) (Entered: 06/22/2017) (0) |
| Jun 22, 2017 | 33 | EX PARTE APPLICATION for Order to Show Cause re: CONTEMPT filed by PLAINTIFF Webspectator Corporation. (Attachments: # 1 Declaration of Ellyn S. Garofalo, Andrew Batkin, Gary Herman and Daniel Morlim Cardoso Lopes Serra, # 2 Exhibit A - I, # 3 Proposed Order re Contempt, # 4 Proposed Order re Webspectator.com Domain, # 5 Proposed Order re Amazon, # 6 Proposed Order re Webspectator.com Email, # 7 Proposed Order re Sovrn) (Garofalo, Ellyn) (Entered: 06/22/2017) (0) |
| Jun 14, 2017 | 31 | STIPULATION Extending Time to Answer the complaint as to Dulce Catarina Parreira answer now due 6/30/2017; Andre Tomas Da Silva Pereir Nascimento Parreira answer now due 6/30/2017, re Complaint (Attorney Civil Case Opening) 1 filed by Defendants Dulce Catarina Parreira; Andre Tomas Da Silva Pereir Nascimento Parreira.(Cramer, Mark) (Entered: 06/14/2017) (4) |
| Jun 7, 2017 | 30 | MINUTE ORDER IN CHAMBERS - COURT ORDER by Judge Percy Anderson re: APPLICATION for Preliminary Injunction Reply 28 . For all of the foregoing reasons, the Court concludes that Plaintiff is entitled to a preliminary injunction. Plaintiff must have access to its accounts and computer systems, including those maintained on servers operated by Amazon Web Services, during the pendency of this action. The Court therefore will continue the terms of the TRO during the pendency of this action. Defendants Andr Tomas Da Silva Pereira Nascimento Parreira, Dulce Catarina Pareira, Rafael Mora Funes ("Mora"), and Webspectator Lda, along with their officers, agents, servants, employees, and other persons who are in active concert or participation with them who receive actual notice of this Order are enjoined: (see document for details). This preliminary injunction is contingent upon Plaintiff maintaining the $100,000.00 in security it posted upon the issuance of the TRO. (mrgo) (Entered: 06/07/2017) (9) |
| Jun 6, 2017 | 27 | DECLARATION of Andre Parreira In Support of Response to OSC re Preliminary Injunction EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 (SUPPLEMENTAL) filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Attachments: # 1 Exhibit G-H to Supplemental Declaration of Andre Parreira)(Cramer, Mark) (Entered: 06/06/2017) (0) |
| Jun 6, 2017 | 28 | APPLICATION for Preliminary Injunction Reply. Motion filed by Plaintiff Webspectator Corporation. Application set for hearing on 6/8/2017 at 01:30 PM before Judge Percy Anderson. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Memorandum Objections to Declarations, # 20 Declaration) (Garofalo, Ellyn) (Entered: 06/06/2017) (0) |
| Jun 6, 2017 | 29 | PROOF OF SERVICE filed by Plaintiff Webspectator Corporation, re APPLICATION for Preliminary Injunction Reply. Motion 28 served on 6/6/17. (Garofalo, Ellyn) (Entered: 06/06/2017) (4) |
| Jun 2, 2017 | 22 | OPPOSITION to EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 Response to OSC re Preliminary Injunction filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Attorney Mark T Cramer added to party Andre Tomas Da Silva Pereir Nascimento Parreira(pty:dft), Attorney Mark T Cramer added to party Dulce Catarina Parreira(pty:dft))(Cramer, Mark) (Entered: 06/02/2017) (30) |
| Jun 2, 2017 | 23 | DECLARATION of Andre Parreira In Support of Response to OSC re Preliminary Injunction EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Attachments: # 1 Exhibit A-F to Declaration of Andre Parreira)(Cramer, Mark) (Entered: 06/02/2017) (0) |
| Jun 2, 2017 | 24 | DECLARATION of Dulce Catarina Parreira In Support of Response to OSC re Preliminary Injunction EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Cramer, Mark) (Entered: 06/02/2017) (5) |
| Jun 2, 2017 | 25 | Evidentiary Objections to Batkin and Garofalo Declarations In Support of Response to OSC re Preliminary Injunction re: EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 filed by Defendants Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira. (Cramer, Mark) (Entered: 06/02/2017) (14) |
| Jun 2, 2017 | 26 | REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Webspectator Corporation. (Kaltgrad, Amir) (Entered: 06/02/2017) (1) |
| May 31, 2017 | 19 | NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Proof of Service (subsequent documents) 16 , Proof of Service (subsequent documents) 17 . The following error(s) was found: Incorrect event selected. The correct event is: Service of Summons and Complaint Returned Executed (21 days). 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. (mrgo) (Entered: 05/31/2017) (1) |
| May 31, 2017 | 20 | SERVICE UNDER FRCP 5(b)(2)(D) Executed by Plaintiff Webspectator Corporation, upon Defendant Webspectator, LDA served on 5/26/2017, answer due 6/16/2017. Service of the Summons and Complaint were executed upon the Clerks Office in compliance with Federal Rules of Civil Procedure. (Kaltgrad, Amir) (Entered: 05/31/2017) (2) |
| May 31, 2017 | 21 | STATUS REPORT Status of Service on Defendant Rafael Mora Funes re Summons and Complaint, TRO, Order Granting TRO filed by Plaintiff Webspectator Corporation. (Kaltgrad, Amir) (Entered: 05/31/2017) (2) |
| May 30, 2017 | 16 | PROOF OF SERVICE filed by Plaintiff Webspectator Corporation, re Complaint (Attorney Civil Case Opening) 1 , Order on Motion for Temporary Restraining Order,,,, 12 , Civil Cover Sheet (CV-71) 2 served on May 30, 2017. (Kaltgrad, Amir) (Entered: 05/30/2017) (2) |
| May 30, 2017 | 17 | PROOF OF SERVICE filed by Plaintiff Webspectator Corporation, re Complaint (Attorney Civil Case Opening) 1 , Order on Motion for Temporary Restraining Order,,,, 12 , Civil Cover Sheet (CV-71) 2 served on May 30, 2017. (Kaltgrad, Amir) (Entered: 05/30/2017) (2) |
| May 30, 2017 | 18 | FINANCIAL ENTRY:Received 100,000.00 from WEBSPECTATOR CORPORATION. RE:Order on Motion for Temporary Restraining Order,,,, 12 . Receipt number LA155106. (rsm) (Entered: 05/30/2017) (0) |
| May 26, 2017 | 15 | STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (mrgo) (Entered: 05/30/2017) (10) |
| May 25, 2017 | 9 | NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge John E. McDermott. (jtil) (Entered: 05/25/2017) (1) |
| May 25, 2017 | 10 | NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 05/25/2017) (2) |
| May 25, 2017 | 11 | Request for Clerk to Issue Summons on Declaration (Motion related), 7 , Declaration (Motion related), 6 , Complaint (Attorney Civil Case Opening) 1 , Corporate Disclosure Statement 3 , Certificate/Notice of Interested Parties 4 , EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 , Civil Cover Sheet (CV-71) 2 filed by Plaintiff Webspectator Corporation. (Garofalo, Ellyn) (Entered: 05/25/2017) (1) |
| May 25, 2017 | 12 | TEMPORARY RESTRAINING ORDER by Judge Percy Anderson re: 5 EX PARTE APPLICATION for TRO. The Court, upon due consideration of the Complaint herein filed by Plaintiff WebSpectator Corporation ("Plaintiff"), Plaintiff's Application for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction and Memorandum in support, and the Declarations of Andy Batkin and Ellyn S. Garofalo finds as follows: (see document for details). The parties are ordered to show cause why the Court should not issue a preliminary injunction consistent with this Temporary Restraining Order. 9. Defendants' Response to this order to show cause shall be filed no later than 2:00 p.m. on June 2, 2017. Plaintiff's Response, if any, shall be filed no later than 2:00 p.m. on June 6, 2017. The Court sets a hearing on the order to show cause why a preliminary injunction should not issue for June 8, 2017, at 1:30 p.m. 10. The Temporary Restraining Order is contingent upon Plaintiff posting a bond in the amount of $100,000.00 by no later than May 31, 2017. If Plaintiff does not post the bond by that date, the Temporary Restraining Order shall be vacated. (mrgo) (Entered: 05/25/2017) (4) |
| May 25, 2017 | 13 | NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (jtil) (Entered: 05/25/2017) (1) |
| May 25, 2017 | 14 | 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to defendants Rafael Mora Funes, Andre Tomas Da Silva Pereir Nascimento Parreira, Dulce Catarina Parreira, Webspectator, LDA. (mrgo) (Entered: 05/26/2017) (1) |
| May 24, 2017 | 1 | COMPLAINT Receipt No: 0973-19913387 - Fee: $400, filed by Plaintiff WEBSPECTATOR CORPORATION, a Delaware corporation. (Attorney Ellyn S Garofalo added to party WEBSPECTATOR CORPORATION, a Delaware corporation(pty:bkmov))(Garofalo, Ellyn) (Entered: 05/24/2017) (16) |
| May 24, 2017 | 2 | CIVIL COVER SHEET filed by Movant WEBSPECTATOR CORPORATION, a Delaware corporation. (Garofalo, Ellyn) (Entered: 05/24/2017) (4) |
| May 24, 2017 | 3 | CORPORATE DISCLOSURE STATEMENT filed by Movant WEBSPECTATOR CORPORATION, a Delaware corporation identifying Webspectator Corporation as Corporate Parent. (Garofalo, Ellyn) (Entered: 05/24/2017) (2) |
| May 24, 2017 | 4 | CERTIFICATE of Interested Parties filed by Plaintiff WEBSPECTATOR CORPORATION, a Delaware corporation, identifying Webspectator Corporation. (Garofalo, Ellyn) (Entered: 05/24/2017) (1) |
| May 24, 2017 | 5 | EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction filed by Plaintiff WEBSPECTATOR CORPORATION, a Delaware corporation. (Attachments: # 1 Proposed Order, # 2 Proposed Order) (Garofalo, Ellyn) (Entered: 05/24/2017) (0) |
| May 24, 2017 | 6 | DECLARATION of Andy Batkin in support of EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 filed by Movant WEBSPECTATOR CORPORATION, a Delaware corporation. (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)(Garofalo, Ellyn) (Entered: 05/24/2017) (0) |
| May 24, 2017 | 7 | DECLARATION of Ellyn S. Garofalo in support of EX PARTE APPLICATION for Temporary Restraining Order as to Re: Preliminary Injunction 5 filed by Movant WEBSPECTATOR CORPORATION, a Delaware corporation. (Attachments: # 1 Exhibit J, # 2 Exhibit K, # 3 Exhibit L, # 4 Exhibit M)(Garofalo, Ellyn) (Entered: 05/24/2017) (0) |
