Cloanto Corporation v. Hyperion Entertainment CVBA

COMPLAINT against Hyperion Entertainment C.V.B.A. (Filing fee $400 receipt number 4225960) filed by Cloanto Corporation. (sfp, ) [Transferred from nynd on 4/11/2018.] (Entered: 12/18/2017)

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• Attachment 1: Civil Cover Sheet
• Attachment 2: Notice of Lawsuit
• Attachment 3 Waiver of Service of Summons

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Cloanto Corporation. (sfp, ) [Transferred from nynd on 4/11/2018.] (Entered: 12/18/2017)

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Report on the Filing or Determination of an Action regarding a Trademark. (sfp, ) [Transferred from nynd on 4/11/2018.] (Entered: 12/18/2017)

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Report on the Filing and Determination of an Action Regarding a Copyright(s). [Served by mail.] (sfp, ) [Transferred from nynd on 4/11/2018.] (Entered: 12/18/2017)

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G.O. 25 FILING ORDER ISSUED: Rule 16 Initial Conference set for 3/26/2018 at 11:00 AM by telephone before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/19/2018. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sfp, ) [Transferred from nynd on 4/11/2018.] (Entered: 12/18/2017)

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WAIVER OF SERVICE Returned Executed by Cloanto Corporation. Hyperion Entertainment C.V.B.A. waiver sent on 12/14/2017, answer due 3/14/2018. (Troy, Gordon) [Transferred from nynd on 4/11/2018.] (Entered: 02/13/2018)

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Letter Motion from Gordon E. R. Troy for Cloanto Corporation requesting Request for Continuance of Initial Conference submitted to Judge Hon. Andrew T. Baxter . (Troy, Gordon) [Transferred from nynd on 4/11/2018.] (Entered: 02/13/2018)

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TEXT ORDER: granting 7 Letter Request. The telephonic Rule 16 conference set for 3/26/2018 is RESCHEDULED to 4/16/2018 at 11:00 AM before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel is directed to coordinate the conference call and is to contact chambers at 315-234-8600 once all participants are on the conference line. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/15/2018. (nmk) [Transferred from nynd on 4/11/2018.] (Entered: 02/15/2018)

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MOTION to Dismiss for Failure to State a Claim or Alternatively, to Transfer or Stay Motion Hearing set for 4/20/2018 09:30 AM in Albany before Senior Judge Lawrence E. Kahn Response to Motion due by 4/3/2018 Reply to Response to Motion due by 4/9/2018. filed by Hyperion Entertainment C.V.B.A.. (Satra, Bella) [Transferred from nynd on 4/11/2018.] (Entered: 03/14/2018)

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• Attachment 1: Memorandum of Law
• Attachment 2: Declaration of M. Oropallo
• Attachment 3: Exhibit(s) Ex. A - Stipulated Judgment & Settlement Agreement
• Attachment 4: Exhibit(s) Ex. B - Washington Complaint

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Hyperion Entertainment C.V.B.A.. (Satra, Bella) [Transferred from nynd on 4/11/2018.] (Entered: 03/14/2018)

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TEXT ORDER: The Rule 16 conference set for 4/16/2018 and 3/19/2018 deadline for the submission of a joint Civil Case Management Plan and exchange of Mandatory Disclosures are ADJOURNED WITHOUT DATE. The hearing and related deadlines will be reset, if deemed necessary, after disposition of the 9 motion to dismiss. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/19/2018. (nmk) [Transferred from nynd on 4/11/2018.] (Entered: 03/19/2018)

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TEXT ORDER: In the memorandum of law submitted in support of its motion to dismiss, Defendant requested oral argument. Dkt. No. 9-1 ("Memorandum"); see also Dkt. No. 9 ("Motion"). The request is DENIED. The Motion will be considered on the submission of the papers, only. No personal appearances are required. Signed by Senior Judge Lawrence E. Kahn on April 03, 2018. (sas) [Transferred from nynd on 4/11/2018.] (Entered: 04/03/2018)

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RESPONSE to Motion re 9 MOTION to Dismiss for Failure to State a Claim or Alternatively, to Transfer or Stay (Statement of Non-Opposition) filed by Cloanto Corporation. (Troy, Gordon) [Transferred from nynd on 4/11/2018.] (Entered: 04/03/2018)

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STIPULATION (Joint) To Transfer to the Western District of Washington by Hyperion Entertainment C.V.B.A. submitted to Judge Kahn. (Evangelatos, Peter) [Transferred from nynd on 4/11/2018.] (Entered: 04/09/2018)

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ORDER TRANSFERRING CASE to Western District of Washington. Signed by Senior Judge Lawrence E. Kahn on 4/10/18. (sfp, ) [Transferred from nynd on 4/11/2018.] (Entered: 04/11/2018)

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Case transferred in from District of New York Northern, Case Number 5:17-cv-01353;. (Entered: 04/11/2018)

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Judge James L. Robart added. (DJ)

LETTER from Clerk to counsel re: receipt of case from Northern District of New York (Syracuse) and advising of WAWD case number and judge assignment. (DJ) (Entered: 04/11/2018)

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NOTICE of Appearance by attorney Michael G Atkins on behalf of Plaintiff Cloanto Corporation. (Atkins, Michael) (Entered: 04/16/2018)

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NOTICE of Appearance by attorney Robert J Carlson on behalf of Defendant Hyperion Entertainment C.V.B.A.. (Carlson, Robert) (Entered: 04/27/2018)

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NOTICE of Appearance by attorney Rhett V Barney on behalf of Defendant Hyperion Entertainment C.V.B.A.. (Barney, Rhett) (Entered: 04/27/2018)

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CERTIFICATE OF SERVICE by Defendant Hyperion Entertainment C.V.B.A. re 19 Notice of Appearance (Carlson, Robert) (Entered: 04/27/2018)

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CERTIFICATE OF SERVICE by Defendant Hyperion Entertainment C.V.B.A. re 20 Notice of Appearance (Barney, Rhett) (Entered: 04/27/2018)

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ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT by Judge James L. Robart. Joint Status Report due by 6/7/2018, FRCP 26f Conference Deadline is 5/17/2018, Initial Disclosure Deadline is 5/31/2018. (AD) (Entered: 05/03/2018)

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APPLICATION OF ATTORNEY Gordon E. R. Troy FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Cloanto Corporation (Fee Paid) Receipt No. 0981-5309368 (Atkins, Michael) (Main Document 24 replaced on 5/8/2018) (PS). (Entered: 05/07/2018)

• Main Document: Application for Leave to Appear Pro Hac Vice

NOTICE of Corrected Image/Document re 24 Application for Leave to Appear Pro Hac Vice. Initial upload missing Bar # and State, per counsel.(Service of corrected image is attached). (PS) (Entered: 05/08/2018)

• Main Document: Notice of Corrected Image/Document

ORDER re 24 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Gordon E. R. Troy for Cloanto Corporation by Clerk William M McCool. No document associated with this docket entry, text only.NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d).(DS) (Entered: 05/08/2018)

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Stipulated MOTION TO EXTEND INITIAL SCHEDULING DATES, filed by Defendant Hyperion Entertainment C.V.B.A.. Noting Date 5/18/2018, (Carlson, Robert) (Entered: 05/18/2018)

• Main Document: Stipulated Motion

STIPULATION AND ORDER to Extend Initial Scheduling Dates re parties' 27 Stipulated Motion: FRCP 26f Conference Deadline is 6/14/2018, Initial Disclosure Deadline is 6/28/2018, Joint Status Report due by 7/6/2018, signed by Judge James L. Robart.(SWT) (Entered: 05/21/2018)

• Main Document: Order on Stipulated Motion

AMENDED COMPLAINT against defendant(s) Hyperion Entertainment C.V.B.A. with JURY DEMAND, filed by Cloanto Corporation.(Troy, Gordon) (Entered: 05/25/2018)

• Main Document: Amended Complaint

NOTICE of Appearance by attorney Sarah E Elsden on behalf of Defendant Hyperion Entertainment C.V.B.A.. (Elsden, Sarah) (Entered: 05/29/2018)

• Main Document: Notice of Appearance

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Hyperion Entertainment C.V.B.A. (Carlson, Robert) (Entered: 06/12/2018)

• Main Document: Corporate Disclosure Statement

Stipulated MOTION to Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint, filed by Defendant Hyperion Entertainment C.V.B.A.. Noting Date 6/12/2018, (Carlson, Robert) (Entered: 06/12/2018)

• Main Document: Stipulated Motion

ORDER re: 32 Stipulated Motion to Extend Time to Answer or Otherwise Respond to Plaintiff's Complaint. Defendant's time to answer or respond extended to 7/6/2018. Signed by Judge James L. Robart. (PM) (Entered: 06/13/2018)

• Main Document: Order on Stipulated Motion

ANSWER to 29 Amended Complaint by Hyperion Entertainment C.V.B.A..(Carlson, Robert) (Entered: 07/06/2018)

• Main Document: Answer to Amended Complaint

MOTION to Consolidate Cases, filed by Defendant Hyperion Entertainment C.V.B.A.. Noting Date 7/27/2018, (Carlson, Robert) (Entered: 07/10/2018)

• Main Document: Consolidate Cases
• Attachment 1: Proposed Order

DECLARATION of Robert J. Carlson filed by Defendant Hyperion Entertainment C.V.B.A. re 35 MOTION to Consolidate Cases (Carlson, Robert) (Entered: 07/10/2018)

• Main Document: Declaration

ANSWER to 29 Amended Complaint by Hyperion Entertainment C.V.B.A..(Carlson, Robert) (Entered: 07/20/2018)

• Main Document: Answer to Amended Complaint

RESPONSE, by Plaintiff Cloanto Corporation, to 35 MOTION to Consolidate Cases. (Troy, Gordon) (Entered: 07/23/2018)

• Main Document: Response to Motion
• Attachment 1: Exhibit A - Docket (07-cv-00631) Amiga
• Attachment 2: Exhibit B - Docket (07-cv-01761) Amino
• Attachment 3: Exhibit C-1 Motion to Dismiss
• Attachment 4: Exhibit C-2 Proposed Order
• Attachment 5: Exhibit C-3 Declaration Esther Goldschmidt
• Attachment 6: Exhibit C-4 Exhibit 1 to Declaration
• Attachment 7: Exhibit C-5 Exhibit 2 to Declaration
• Attachment 8: Exhibit C-6 Exhibit 3 to Declaration
• Attachment 9: Exhibit C-7 Exhibit 4 to Declaration
• Attachment 10: Exhibit D Acknowledgement

REPLY, filed by Defendant Hyperion Entertainment C.V.B.A., TO RESPONSE to 35 MOTION to Consolidate Cases (Carlson, Robert) (Entered: 07/27/2018)

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ORDER granting Defendant Hyperion Entertainment C.V.B.A.'s 35 MOTION to Consolidate. This case is hereby TRANSFERRED to Judge Ricardo S. Martinez for all further proceedings as related to Hyperion Entertainment C. V.B.A. v. Itec LLC et al., No. C18-0381RSM. All future pleadings shall bear the cause number C18-0381 RSM. Signed by Judge James L. Robart. (PM) (Entered: 07/30/2018)

• Main Document: Order Reassigning Case

***Civil Case Terminated per entry of 40 Order consolidating case with C18-381RSM. All future filings found in C18-381RSM. (PM)