Hyperion Entertainment CVBA v. Itec, LLC et al

1

COMPLAINT FOR DECLARATORY JUDGMENT AND BREACH OF CONTRACT against defendant(s) Amiga Inc, Amino Development Corporation, Cloanto Corporation, Itec LLC (Receipt # 0981-5237185), filed by Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit 1 to Complaint, # 2 Civil Cover Sheet)(Carlson, Robert) (Entered: 03/13/2018)

• Main Document: Complaint
• Attachment 1: Exhibit 1 to Complaint
• Attachment 2: Civil Cover Sheet

2

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: 03/13/2018)

• Main Document: Corporate Disclosure Statement

Add and Terminate Judges

Judge Ricardo S. Martinez added. (DJ)

3

NOTICE TO FILER: Notice of Filing Deficiency** Action Required ** See Attached Letter for More Information and Instructions. (DJ) (Entered: 03/14/2018)

• Main Document: Notice to Filer

4

PRAECIPE to attach document (Corrected Signature Page) re 1 Complaint, by Plaintiff Hyperion Entertainment C.V.B.A. (Carlson, Robert) (Entered: 03/15/2018)

• Main Document: Praecipe to Attach Document

5

PRAECIPE to attach document (Corrected Signature Page) re 2 Corporate Disclosure Statement by Plaintiff Hyperion Entertainment C.V.B.A. (Carlson, Robert) (Entered: 03/15/2018)

• Main Document: Praecipe to Attach Document

6

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 5/11/2018, FRCP 26f Conference Deadline is 4/27/2018, Initial Disclosure Deadline is 5/4/2018, by Judge Ricardo S. Martinez. (LW) (Entered: 03/30/2018)

• Main Document: Joint Status Report Order Form for District Judges

7

AMENDED COMPLAINT FOR DECLARATORY JUDGMENT AND BREACH OF CONTRACT against All Defendants, filed by Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit)(Carlson, Robert) (Entered: 04/12/2018)

• Main Document: Amended Complaint
• Attachment 1: Exhibit

8

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

• Main Document: Notice of Appearance

9

Stipulated MOTION Extend Initial Scheduling Dates re 6 Joint Status Report Order Form for District Judges, filed by Plaintiff Hyperion Entertainment C.V.B.A.. Noting Date 4/26/2018, (Carlson, Robert) (Entered: 04/26/2018)

• Main Document: Stipulated Motion

10

ORDER re: 9 Stipulated Motion Extending Initial Scheduling Dates. FRCP 26f Conference Deadline is 6/29/2018, Initial Disclosure Deadline is 7/6/2018, Combined Joint Status Report and Discovery Plan due by 7/13/2018. Signed by Judge Ricardo S Martinez. (PM) (Entered: 04/27/2018)

• Main Document: Order re: 9 Stipulated Motion Extending Initial Scheduling Dates

11

PRAECIPE TO ISSUE SUMMONS by Plaintiff Hyperion Entertainment C.V.B.A. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Carlson, Robert) (Entered: 05/22/2018)

• Main Document: Praecipe for a Summons

12

Summonses Electronically Issued as to defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC (main document) (Attachments: # 1 Summons as to Amiga Inc, # 2 Summons as to Amino Development, # 3 Summons as to Cloanto Corporation)(SWT) (Entered: 05/23/2018)

• Main Document: Summons Issued

13

AFFIDAVIT of Service of Summons and Complaint on Amino Development Corporation on 6/1/2018, filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Carlson, Robert) (Entered: 06/11/2018)

• Main Document: Affidavit of Service of Summons & Complaint

14

AFFIDAVIT of Service of Summons and Complaint on ITEC, LLC on 6/5/2018, filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Carlson, Robert) (Entered: 06/11/2018)

• Main Document: Affidavit of Service of Summons & Complaint

15

AFFIDAVIT of Service of Summons and Complaint on Amiga, Inc. on 6/6/2018, filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Carlson, Robert) (Entered: 06/11/2018)

• Main Document: Affidavit of Service of Summons & Complaint

16

NOTICE of Filing of Motion to Consolidate ; filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit A - Motion to Consolidate, # 2 Exhibit B - Declaration of Robert J. Carlson, # 3 Exhibit C - Proposed Order)(Carlson, Robert) (Entered: 07/10/2018)

• Main Document: Notice-Other

17

WAIVER OF SERVICE of summons upon Cloanto Corporation (Atkins, Michael) Modified on 7/12/2018 to identify party waiving service (PM). (Entered: 07/11/2018)

• Main Document: Waiver of Service

NOTICE of Docket Text Modification re 17 Waiver of Service of Summons: added name of party waiving service. (PM)

18

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant Cloanto Corporation. (Attachments: # 1 Proposed Order) Noting Date 8/17/2018, (Atkins, Michael) (Entered: 07/23/2018)

• Main Document: Dismiss for Failure to State a Claim

19

DECLARATION of Esther Goldschmidt filed by Defendant Cloanto Corporation re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit 1 -Original Apostille Document, # 2 Exhibit 2 - 2018-07-22_13-59-09, # 3 Exhibit 3 - National Bank of Belgium screenshot, # 4 Exhibit 4 - Belgium Code of Economic Rights)(Atkins, Michael) (Entered: 07/23/2018)

• Main Document: Declaration
• Attachments 1: Exhibit 1 -Original Apostille

20

ORDER granting Hyperion Entertainment C.V.B.A.'s motion to consolidate (filed in C18-535, Dkt. #35). This case is hereby transferred to the Honorable Ricardo S. Martinez 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: Consolidation Order - for Lead case only

21

RESPONSE, by Plaintiff Hyperion Entertainment C.V.B.A., to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Carlson, Robert) (Entered: 08/13/2018)

• Main Document: Response to Motion

22

DECLARATION of Robert J. Carlson filed by Plaintiff Hyperion Entertainment C.V.B.A. re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Carlson, Robert) (Entered: 08/13/2018)

• Main Document: Declaration

23

DECLARATION of Timothy Van De Gehuchte filed by Plaintiff Hyperion Entertainment C.V.B.A. re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A - CBE Printout, # 2 Exhibit B - National Bank of Belgium printout, # 3 Exhibit C - Company Detail, # 4 Exhibit D - Official Belgian Gov't website)(Carlson, Robert) (Entered: 08/13/2018)

• Main Document: Declaration

24

NOTICE of Appearance by attorney Gordon E R Troy on behalf of Defendant Amino Development Corporation. (Troy, Gordon) (Entered: 08/16/2018)

• Main Document: Notice of Appearance

25

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amino Development Corporation (Troy, Gordon) (Entered: 08/16/2018)

• Main Document: Corporate Disclosure Statement

26

REPLY, filed by Consol Plaintiff Cloanto Corporation, Defendant Cloanto Corporation, TO RESPONSE to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Troy, Gordon) (Entered: 08/16/2018)

• Main Document: Reply to Response to Motion

NOTE: Document 24 was filed incorrectly. Appearance of attorney Michael Atkins is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures. (TH)

27

NOTICE of Appearance by attorney Michael G Atkins on behalf of Defendant Amino Development Corporation. (Atkins, Michael) (Entered: 08/21/2018)

• Main Document: Notice of Appearance

28

ANSWER to 7 Amended Complaint with JURY DEMAND by Amino Development Corporation.(Troy, Gordon) (Entered: 08/21/2018)

• Main Document: Answer to Amended Complaint

29

ANSWER to 7 Amended Complaint with JURY DEMAND by Cloanto Corporation.(Troy, Gordon) (Entered: 08/21/2018)

• Main Document: Answer to Amended Complaint

30

MINUTE ORDER directing Clerk to remove from the Court's motions calendar Defendant Cloanto Corporation's 18 Motion to Dismiss First Amended Complaint, signed by Judge Ricardo S. Martinez. (SWT) (Entered: 08/22/2018)

• Main Document: 2 - Minute Order

31

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. (Carlson, Robert) (Entered: 09/14/2018)

• Main Document: Joint Status Report

32

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *5 days*. Jury Trial is set for 12/9/2019 at 9:00 AM before Judge Ricardo S. Martinez. Joinder of Parties due by 10/19/2018, Amended Pleadings due by 10/19/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/12/2019, Motions due by 7/12/2019, Discovery completed by 8/12/2019, Dispositive motions due by 9/10/2019, 39.1 mediation to be completed by 10/25/2019, Motions in Limine due by 11/12/2019, Pretrial Order due by 11/27/2019, Trial briefs to be submitted by 12/4/2019, Proposed voir dire/jury instructions due by 12/4/2019, by Judge Ricardo S. Martinez. (LW) (Entered: 09/21/2018)

• Main Document: RSM Order Setting Trial Date and Related Dates(FORM)

33

NOTICE of Appearance by attorney Gordon E R Troy on behalf of Defendant Amiga, Inc. (Troy, Gordon) (Entered: 10/26/2018)

• Main Document: Notice of Appearance

34

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amiga, Inc (Troy, Gordon) (Entered: 10/26/2018)

• Main Document: Corporate Disclosure Statement

35

ANSWER to 7 Amended Complaint with JURY DEMAND, COUNTERCLAIM against plaintiff Hyperion Entertainment C.V.B.A. by Amiga, Inc.(Troy, Gordon) (Entered: 10/26/2018)

• Main Document: Answer to Amended Complaint

36

NOTICE of Appearance by attorney Gordon E R Troy on behalf of Defendant Itec, LLC. (Troy, Gordon) (Entered: 10/26/2018)

• Main Document: Notice of Appearance

37

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Itec, LLC (Troy, Gordon) (Entered: 10/26/2018)

• Main Document: Corporate Disclosure Statement

38

NOTICE of Appearance by attorney Michael G Atkins on behalf of Defendant Itec, LLC. (Atkins, Michael) (Entered: 10/26/2018)

• Main Document: Notice of Appearance

39

NOTICE of Appearance by attorney Michael G Atkins on behalf of Counter Claimant Amiga, Inc, Defendant Amiga, Inc. (Atkins, Michael) (Entered: 10/26/2018)

• Main Document: Notice of Appearance

40

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Itec, LLC (Troy, Gordon) (Entered: 10/29/2018)

• Main Document: Corporate Disclosure Statement

41

ANSWER to 7 Amended Complaint with JURY DEMAND, COUNTERCLAIM against plaintiff Hyperion Entertainment C.V.B.A. by Itec, LLC.(Troy, Gordon) (Entered: 11/07/2018)

• Main Document: Answer to Amended Complaint

42

Stipulated MOTION for Extension of Time to File Answer re 35 Answer to Amended Complaint, Counterclaim, 41 Answer to Amended Complaint, Counterclaim, filed by Consol Defendant Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. Noting Date 11/20/2018, (Carlson, Robert) (Entered: 11/20/2018)

• Main Document: Extension of Time to File Answer

43

ORDER granting 42 Motion for Extension of Time to Answer: The Court stays Hyperion's response to Amiga's and Itec's counterclaims, pending the filing of a single combined amended complaint. Signed by Judge Ricardo S. Martinez.(LW) (Entered: 11/26/2018)

• Main Document: Order on Motion for Extension of Time to Answer

44

Stipulated MOTION AND PROPOSED ORDER FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, Consol Defendant Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit (1) - Redline Comparison, # 2 Exhibit (2) - Proposed Second Amended Complaint) Noting Date 12/13/2018, (Troy, Gordon) (Entered: 12/13/2018)

• Main Document: Stipulated Motion

45

MOTION for Preliminary Injunction, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1 - Declaration of Michele Console Battilana, # 2 Exhibit MB-1 - Hyperion 20091017 Announcement, # 3 Exhibit MB-2 - Boot Screens 3.1 (Original & 2016 Hyperion), # 4 Exhibit MB-3 - Boot Screen 3.1.4, # 5 Exhibit MB-4 - Boot Screen 3.1.4 (update), # 6 Exhibit MB-5 - Hyperion on Facebook, # 7 Exhibit MB-6 - Amiga OS discs, # 8 Exhibit MB-7 - Hyperion website statement 2017-12-31, # 9 Exhibit 2 - Declaration of Bill McEwen, # 10 Exhibit WM-1 - 2001 OEM License, # 11 Exhibit WM-2 - 2008-12-19 Hyperion Draft (Redline), # 12 Exhibit WM-3 - 2008-12-29 Amiga Draft (Redline), # 13 Exhibit WM-4 - 2009-03-30 Amiga Draft (Redline), # 14 Exhibit WM-5 - 2009-02-06 Hyperion Draft, # 15 Exhibit WM-6 - 2009-02-16 (Exhibit 1 List), # 16 Exhibit WM-7 - AmigaOS 3.1.4 floppy discs, # 17 Exhibit WM-8 - Boot-UP Screen Amiga OS 3.1.4, # 18 Proposed Order) Noting Date 1/18/2019, (Troy, Gordon) (Entered: 12/27/2018)

• Main Document: Preliminary Injunction

46

ORDER granting the Parties' 44 Stipulated Motion for Leave to File a Second Amended Complaint. Hyperion Entertainment CVBA shall respond to Plaintiffs' Second Amended Complaint within 14-days after service thereof, but no earlier than January 4, 2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 12/28/2018)

• Main Document: Order granting the Parties' Stipulated Motion

47

Second AMENDED COMPLAINT against defendant(s). Hyperion Entertainment C.V.B.A. with JURY DEMAND, filed by Itec, LLC, Cloanto Corporation, Amino Development Corporation, Amiga, Inc, Cloanto Corporation.(Troy, Gordon) (Entered: 12/29/2018)

• Main Document: Second Amended Complaint

48

RESPONSE, by Consol Defendant Hyperion Entertainment C.V.B.A., to 45 MOTION for Preliminary Injunction . Oral Argument Requested. (Carlson, Robert) (Entered: 01/14/2019)

• Main Document: Response by Consol Defendent

49

DECLARATION of Rhett V. Barney re 48 Response to 45 Motion for Preliminary Injunction by Consol Defendant Hyperion Entertainment C.V.B.A. (Attachments: # 1 Exhibit A - M, pp. 9 - 54)(Carlson, Robert) Modified on 1/15/2019 to add link to motion (PM). (Entered: 01/14/2019)

• Main Document: Declaration of Rhett V. Barney

50

DECLARATION of Ben Hermans re 48 Response to 45 Motion for Preliminary Injunction by Consol Defendant Hyperion Entertainment C.V.B.A. (Carlson, Robert) Modified on 1/15/2019 to add link to motion (PM). (Entered: 01/14/2019)

• Main Document: Declaration of Ben Hermans

51

DECLARATION of Timothy De Groote re 48 Response to 45 Motion for Preliminary Injunction by Consol Defendant Hyperion Entertainment C.V.B.A. (Attachments: # 1 Exhibit A, pp. 6-7)(Carlson, Robert) Modified on 1/15/2019 to add link to motion (PM). (Entered: 01/14/2019)

• Main Document: Declaration of Timothy De Groote

52

MOTION to Dismiss in Part Plaintiffs' 47 Second Amended Complaint, filed by Consol Defendant Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Proposed Order) Noting Date 2/8/2019, (Carlson, Robert) Modified on 1/15/2019 to add link to second amended complaint (PM). (Entered: 01/14/2019)

• Main Document: Motion to Dismiss

53

REPLY, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, TO RESPONSE to 45 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Declaration of Bill McEwen, # 2 Exhibit Exhibit 1 to Declaration of Bill McEwen, # 3 Exhibit Declaration of Gordon E. R. Troy, # 4 Exhibit Exhibit A to Declaration of Gordon E. R. Troy, # 5 Exhibit Exhibit B to Declaration of Gordon E. R. Troy, # 6 Exhibit Exhibit C to Declaration of Gordon E. R. Troy, # 7 Exhibit Exhibit D to Declaration of Gordon E. R. Troy, # 8 Exhibit Exhibit E to Declaration of Gordon E. R. Troy)(Troy, Gordon) (Entered: 01/18/2019)

• Main Document: Reply by Counter Claimants
• Attachment 1: Exhibit Declaration of Bill McEwen

54

RESPONSE, by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, to 52 MOTION to Dismiss in Part Plaintiffs' Second Amended Complaint. (Attachments: # 1 Exhibit 1 - Declaration of Gordon E. R. Troy, # 2 Exhibit 2 - Trademark Assignment 1, # 3 Exhibit 3 - Trademark Assignment 2, # 4 Exhibit 4 - Successor-Acquirer (Exhibit 3) (20190201))(Troy, Gordon) (Entered: 02/04/2019)

• Main Document: Response by Counter Claimants

55

REPLY, filed by Consol Defendant Hyperion Entertainment C.V.B.A., TO RESPONSE to 52 MOTION to Dismiss in Part Plaintiffs' Second Amended Complaint (Carlson, Robert) (Entered: 02/08/2019)

• Main Document: Reply by Consol Defendant

56

MOTION for Extension of Time TO EXTEND DEADLINES IN SCHEDULING ORDER TO PERMIT PLAINTIFFS TO FILE A THIRD AMENDED COMPLAINT, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1-Proposed Third Amended Complaint (clean version), # 2 Exhibit 2-Proposed Third Amended Complaint (redline version), # 3 Exhibit 3-Declaration of Michele Mike Console Battilana, # 4 Exhibit 4-Email Correspondence between Counsel for Parties, # 5 Exhibit 5-Declaration of Gordon E. R. Troy, # 6 Proposed Order Exhibit 6-Proposed Order) Noting Date 3/8/2019, (Troy, Gordon) (Entered: 02/28/2019)

• Main Document: Motion for Extension of Time

57

Amended MOTION for Extension of Time To Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56], filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1-Proposed Third Amended Complaint (clean version), # 2 Exhibit 2-Proposed Third Amended Complaint (redline version), # 3 Exhibit 3-Declaration of Michele Mike Console Battilana, # 4 Exhibit 4-Email Correspondence between Counsel for Parties, # 5 Exhibit 5-Declaration of Gordon E. R. Troy, # 6 Proposed Order Exhibit 6-Proposed Order) Noting Date 3/15/2019, (Troy, Gordon) Modified on 3/7/2019 to remove excessive capitalization (PM). (Entered: 03/06/2019)

• Main Document: Extension of Time-Other

58

NOTICE of Hyperion Entertainment C.V.B.A.S Acknowledgement re 57 Amended MOTION for Extension of Time to Extend Deadlines in Scheduling Order to Permit Plaintiffs to file a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56 ; filed by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. (Carlson, Robert) Modified on 3/7/2019 to remove excessive capitalization (PM). (Entered: 03/06/2019)

• Main Document: Notice-Other

59

RESPONSE, by Consol Defendant Hyperion Entertainment C.V.B.A., to 57 Amended MOTION for Extension of Time To Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56. (Elsden, Sarah) (Entered: 03/11/2019)

• Main Document: Response to Motion

60

DECLARATION of Timothy De Groote re 59 Response to 57 Amended Motion for Extension of Time by Consol Defendant Hyperion Entertainment C.V.B.A. (Elsden, Sarah) Modified on 3/12/2019 to add document link and language re: motion for extension (PM). (Entered: 03/11/2019)

• Main Document: Declaration (non motion)

61

DECLARATION of Sarah E. Elsden re 59 Response to 57 Amended Motion for Extension of Time Motion, by Consol Defendant Hyperion Entertainment C.V.B.A. (Attachments: # 1 Exhibit A - NV Secretary of State Information)(Elsden, Sarah) Modified on 3/12/2019 to create document link and language re: motion for extension (PM). (Entered: 03/11/2019)

• Main Document: Declaration (non motion)

62

REPLY, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, TO RESPONSE to 57 Amended MOTION for Extension of Time To Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56 (Attachments: # 1 Exhibit 1 - Second Declaration of Mike Battilana, # 2 Exhibit 2 - Second Declaration of Gordon E. R. Troy, # 3 Exhibit 3 - Screenshots Reply)(Troy, Gordon) (Entered: 03/15/2019)

• Main Document: Reply to Response to Motion

63

ORDER denying Plaintiffs' 45 Motion for Preliminary Injunction. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 04/03/2019)

• Main Document: Order on Motion for Preliminary Injunction

64

Stipulated MOTION for Protective Order, filed by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit A - Proposed Protective Order, # 2 Exhibit B - Redline Protective Order) Noting Date 4/5/2019, (Carlson, Robert) (Entered: 04/05/2019)

• Main Document: Protective Order

65

ORDER denying Plaintiffs' 57 Motion to Modify Scheduling Order. Signed by Judge Ricardo S. Martinez.(LW) (Entered: 04/08/2019)

• Main Document: Order on Motion for Extension of Time-Other

66

STIPULATED PROTECTIVE ORDER re parties' 64 Stipulated Motion. Signed by Judge Ricardo S. Martinez.(LW) (Entered: 04/09/2019)

• Main Document: Order on Motion for Protective Order

67

MOTION for Reconsideration (Partial), filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1-Declaration of Gordon E. R. Troy, # 2 Exhibit 2-(Proposed) Third Amended Complaint (CLEAN) (NEW), # 3 Exhibit 3-(Proposed) Third Amended Complaint (REDLINE) (NEW), # 4 Proposed Order on Motion for Partial Reconsideration) Noting Date 4/15/2019, (Troy, Gordon) (Entered: 04/15/2019)

• Main Document: Reconsideration

68

ORDER denying Plaintiffs' 67 Motion for Partial Reconsideration. Signed by Judge Ricardo S. Martinez. (see order for specifics) (MW) (Entered: 04/25/2019)

• Main Document: Order on Motion for Reconsideration

69

ORDER granting in part and denying in part Defendant Hyperion Entertainment CVBA's 52 Motion to Dismiss in Part. Plaintiffs' First Cause of Action (Breach of Contract) as brought by Plaintiff Cloanto and Seventh Cause of Action (Lanham Act §43(a)) as brought by Plaintiff Cloanto are DISMISSED. Given the procedural history of this case, the Court does not grant Plaintiffs leave to amend the Second Amended Complaint at this time. Signed by Judge Ricardo S. Martinez.(PM)

• Main Document: Order on Motion to Dismiss

70

• Main Document: Answer to Amended Complaint

71

• Main Document: Extension of Time-Other

72

• Main Document: Amended Counterclaim

73

ORDER granting 71 Motion to Extend Trial Date and Related Deadlines. Jury Trial is CONTINUED to 4/13/2020 at 09:00 AM before Judge Ricardo S. Martinez. Discovery Motions due by 11/8/2019, Discovery completed by 12/10/2019, Dispositive motions due by 1/8/2020, 39.1 mediation to be completed by 2/21/2020, Motions in Limine due by 3/11/2020, Agreed Pretrial Order due by 3/26/2020, Voir dire/jury instructions/trial briefs due by 4/2/2020. Signed by Judge Ricardo S. Martinez. (PM)

• Main Document: Order on Motion for Extension of Time-Other

74

• Main Document: Answer to Amended Counterclaim

75

• Main Document: Compel

76

• Main Document: Notice of Motion Re-Noted

77

• Main Document: Notice of Motion Re-Noted

78

• Main Document: Notice of Motion Re-Noted

79

• Main Document: Notice of Motion Re-Noted

80

• Main Document: Stipulated Motion

81

• Main Document: Notice to Withdraw Pending Motion

82

STIPULATION AND ORDER to extend trial date and related deadlines re parties' 80 Stipulated Motion: Jury Trial is set for 8/3/2020 at 9:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Motions related to discovery due by 3/6/ 2020, Discovery completed by 4/8/2020, Dispositive motions due by 5/7/2020, Mediation per LCR 39.1 held no later than 6/19/2020, Motions in Limine due by 7/9/2020, Pretrial Order due by 7/24/2020, Trial briefs/Proposed voir dire/jury instructions due by 7/31/2020. Signed by Judge Ricardo S. Martinez. (SWT)

• Main Document: Order on Stipulated Motion

83

ORDER TO SHOW CAUSE. Cloanto and Hyperion must each write a short Response informing the Court of the current status of these two cases (C18-381-RSM and C19-683-RSM) and answering the following questions: 1) why these cases should or should not be consolidated, and 2) why Case No. 19-cv-00683-RSM should or should not be stayed pending the resolution of the instant action. The Court hereby finds and ORDERS that the parties shall file these Responses to this Order to Show Cause no later than fourteen (14) days from the date of this Order. Signed by Judge Ricardo S. Martinez. (TH)

• Main Document: Order to Show Cause

84

• Main Document: Stipulated Motion

85

STIPULATION AND ORDER Extending Deadline to Respond to Court's Order to Show Cause re parties' 84 Stipulated Motion. The deadline to respond to the Court's Order to Show Cause is extended to 2/7/2020. Signed by Judge Ricardo S. Martinez. (TH)

• Main Document: Order on Stipulated Motion

86

• Main Doc­ument: Response to Order to Show Cause

87

• Main Doc­ument: Response to Order to Show Cause

88

ORDER re 83 Order to Show Cause. Signed by Judge Ricardo S. Martinez. (MW)

• ORDER re 83 Order to Show Cause

89

• Main Document: Notice of Appearance

90

• Main Document: Notice of Withdrawal of Counsel

91

• Main Document: Continue

92

ORDER re parties' 91 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is set for 11/2/2020 at 09:00 AM before Judge Ricardo S. Martinez, Dispositive motions due by 8/6/2020, 39.1 mediation to be completed by 9/18/2020, Motions in Limine due by 10/8/2020, Agreed Pretrial Order due by 10/23/2020, Voir dire/jury instructions/trial briefs due by 10/30/2020. Signed by Judge Ricardo S. Martinez.(PM)

• Main Document: Order on Motion to Continue

93

• Main Document: Stipulation

94

ORDER re Parties' 93 Stipulation. Jury Trial is CONTINUED TO 2/1/2021 at 09:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Dispositive motions due by 11/5/2020, 39.1 mediation to be completed by 12/17/2020, Motions in Limine due by 1/7/2021, Agreed Pretrial Order due by 1/22/2021, Voir dire/jury instructions/trial briefs due by 1/29/2021. Signed by Judge Ricardo S. Martinez. (LH)

• Main Document: Util - Set/Reset Deadlines/Hearings AND 1 - Order

95

• Main Document: Stipulated Motion

96

ORDER CONTINUING TRIAL re Parties' 95 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 5/3/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 2/5/2021, 39.1 mediation to be completed by 3/17/2021, Motions in Limine due by 4/7/2021, Agreed Pretrial Order due by 4/22/2021, Voir dire/jury instructions/trial briefs/exhibits due by 4/29/2021. Signed by Judge Ricardo S. Martinez.(PM)

• Main Document: ~Util - Set/Reset Deadlines/Hearings AND Order on Stipulated Motion

97

STIPULATED MOTION to continue trial date and related dates by six weeks to facilitate completion of settlement discussions.

• Main Document: Stipulated Motion

98

ORDER granting Parties' 97 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 6/14/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 3/18/2021, 39.1 mediation to be completed by 4/28/2021, Motions in Limine due by 5/19/2021, Agreed Pretrial Order due by 6/2/2021, Voir dire/jury instructions/trial briefs due by 6/9/2021. Signed by Judge Ricardo S. Martinez. (PM)

• Main Document: Order on Stipulated Motion AND ~Util - Set/Reset Deadlines/Hearings

99

• Main Document: Seal

100

PLAINTIFFS' MOTION for partial summary judgment.

• Main Document: Partial Summary Judgment

101

• Main Document: Sealed Document

102

• Main Document: Declaration

103

• Main Document: Declaration

104

• Main Document: Declaration

105

HYPERION ENTERTAINMENT C.V.B.A.'s OPENING BRIEF in support of motion for summary judgment.

• Main Document: Summary Judgment

106

DECLARATION OF BEN HERMANS, ESQ. in support of motion for summary judgment.

• Main Document: Declaration

107

PLAINTIFFS' MEMORANDUM in plaintiffs' opposition to Hyperion Entertainment CVBA's motion for summary judgment.

• Main Document: Response to Motion

108

• Main Document: Declaration

109

• Main Document: Response to Motion

110

• Main Document: Declaration

111

• Main Document: Certificate of Service

112

• Main Document: Reply to Response to Motion

113

• Main Document: Declaration

114

PLAINTIFFS' REPLY in support of their motion for partial summary judgment.

• Main Document: Reply to Response to Motion

115

• Main Document: Notice-Other

116

PLAINTIFFS' SURREPLY to strike matter contained in Hyperion Entertainment CVBA's reply brief and declaration of Ben Hermans.

• Main Document: Surreply

117

PLAINTIFFS' MOTION to vacate and reset pretrial calendar, and to allow the parties time to depose a new witness.

• Main Document: Vacate

118

ORDER granting Plaintiffs' 117 Motion to Vacate and Reset Pretrial Calendar, and to Allow the Parties Time to Depose a New Witness.

• Main Document: ~Util - Terminate Deadlines/Hearings AND Order on Motion to Vacate

119

MOTION for Reconsideration , filed by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. Noting Date 6/3/2021, (Harrison, Eric)

• Main Document: Reconsideration

120

DECLARATION of Eric Harrison re119 MOTION for Reconsideration by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A. (Harrison, Eric)

• Main Document: Declaration

121

• Main Document: Notice of Appearance

122

• Main Document: Notice of Appearance

123

• Main Document: Quash

124

NOTICE to Withdraw Pending Motion re123 MOTION to Quash NOTICE OF DEPOSITION OF EVERT CARTON AND MOTION FOR PROTECTIVE ORDER ; by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. (Bamert, John)

• Main Document: Notice to Withdraw Pending Motion

125

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Eric Harrison for Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. (Harrison, Eric)

• Main Document: Notice of Withdrawal of Counsel

126

MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition , filed by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC. Noting Date 6/21/2021, (Troy, Gordon)

• Main Document: Miscellaneous Relief
• Attachement 1: Exhibit
• Attachement 2: Certificate of Service

127

DECLARATION of Gordon E. R. Troy filed by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC re126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition(Troy, Gordon)

• Main Document: Declaration
• Attachment 1: Notice of Deposition of Evert Carton June 25 2021
• Attachment 2: Crossroads Bank for Enterprises
• Attachment 3: Hyperion Entertainment corp. info
• Attachment 4: Dissolution of Ben Hermans BV
• Attachment 5: Belgian-Gazette-page-171
• Attachment 6: Hyperion website, 3.2 sales
• Attachment 7: Certificate of Service

128

RESPONSE, by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A., to126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition . (Bamert, John)

• Main Document: Response to Motion

129

REPLY, filed by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Counter Claimant Hyperion Entertainment C.V.B.A., TO RESPONSE to126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition(Troy, Gordon)

• Main Document: Reply to Response to Motion
• Attachment 1: Certificate of Service

130

DECLARATION of Gordon E. R. Troy filed by Counter Claimant Amiga, Inc, Defendants Amino Development Corporation, Cloanto Corporation, Itec, LLC re126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition(Troy, Gordon)

• Main Document: Declaration
• Attachment 1: Exhibit 1 - 20210531-JL de Chaffoy de Courcelles
• Attachment 2: Exhibit 2 - 20210531_Chaffoy_Email_Response
• Attachment 3: Exhibit 3 - Central Balance Sheet Office & Annual account filing
• Attachment 4: Certificate of Service

131

ORDER denying Defendant-Counterclaim Plaintiff Hyperion Entertainment CVBA's119 Motion for Reconsideration; denying Plaintiffs'126 Motion to Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition. Signed by Judge Ricardo S. Martinez. (PM)

• Main Document: Order on Motion for Reconsideration Order on Motion for Miscellaneous Relief

132

PRAECIPE to attach document (Original signed document erroneously not uploaded in filing) re130 Declaration,, by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC (Troy, Gordon)

• Main Document: Praecipe to Attach Document

NOTICE REGARDING LACK OF PROPER SIGNATURE. The130 Declaration was not signed by Gordon E. R. Troy . Signatures must be in accordance with FRCP 11 and must comply with[LINK:ECF Filing Procedures] . Please file corrected signature page using Praecipe to Attach event and link to original filing. (PM)

132

Praecipe to Attach Document

133

Leave

134

Response to Motion

135

Reply to Response to Motion

136

Notice of Change of Address/Change of Name

137

Leave

138

Response to Motion

139

Reply to Response to Motion

140

ORDER denying Counter-Claimants' 99 Motion to Seal. The Court DIRECTS the Clerk to immediately unseal Dkt. # 101 . Signed by Judge Ricardo S. Martinez. (SB)

• Main Document: Order on Motion to Seal
• Main Document: Order on Motion to Seal

141

ORDER. Plaintiffs' Motion for Partial Summary Judgment (Dkt. # 100 ) is DENIED. Hyperion's Motion for Summary Judgment (Dkt. # 105 ) is GRANTED as to all Counts contained in the Second Amended Complaint and as to all Plaintiffs; Plaintiffs& #039; claims in the Second Amended Complaint are DISMISSED. Plaintiffs' Motion for Leave to File and Supplemental Briefing (Dkt. # 133 ) is DENIED as moot. Hyperion's Motion for Leave to File Answer to Plaintiff's Second Amended Complaint and Second Amended Counterclaims (Dkt. # 137 ) is GRANTED. Hyperion is directed to immediately file the Amended Answer attached to its Motion. Signed by Judge Ricardo S. Martinez. (SB)

• Main Document: Order on Motion for Leave AND Order on Motion for Summary Judgment AND Order on Motion for Leave AND Order on Motion for Partial Summary Judgment