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Hyperion Entertainment CVBA v. Itec, LLC et al

This is a list of all documents submitted in case no. 2:18-cv-00381 in the US district court of the Western District of Washington. It originally featured Hyperion CVBA as plaintiff, and Amino, Itec, Amiga Inc. as well as Cloanto Corporation as defendants. It was later consolidated with older case no. 2:18-cv-00535, Cloanto's original complaint against Hyperion - meaning that in the case listed here, all parties act as both plaintiffs and defendants.

While US court documents are public domain, access to them via PACER is subject to charges. This is why many of the documents listed here are not available publicly yet. The ones available for download were either uploaded to CourtListener by private individuals, purchased by amiga-news.de or published on Twitter by Amiga Documents.

External links

Documents and timeline

1 Mar 13, 2018

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)

2 Mar 13, 2018

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
Mar 14, 2018

Add and Terminate Judges

Mar 14, 2018

Judge Ricardo S. Martinez added. (DJ)

3 Mar 14, 2018

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 Mar 15, 2018

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 Mar 15, 2018

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 Mar 30, 2018

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 Apr 12, 2018

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)

8 Apr 16, 2018

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 Apr 26, 2018

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 Apr 27, 2018

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)

11 May 22, 2018

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 May 23, 2018

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 Jun 11, 2018

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 Jun 11, 2018

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 Jun 11, 2018

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 Jul 10, 2018

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 Jul 11, 2018

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
Jul 12, 2018

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

18 Jul 23, 2018

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 Jul 23, 2018

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)

20 Jul 30, 2018

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)

21 Aug 13, 2018

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 Aug 13, 2018

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 Aug 13, 2018

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 Aug 16, 2018

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 Aug 16, 2018

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 Aug 16, 2018

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
Aug 17, 2018

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 Aug 21, 2018

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 Aug 21, 2018

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

29 Aug 21, 2018

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

  • Main Document: Answer to Amended Complaint
30 Aug 22, 2018

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)

31 Sep 14, 2018

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

  • Main Document: Joint Status Report
32 Sep 21, 2018

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 Oct 26, 2018

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 Oct 26, 2018

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 Oct 26, 2018

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)

36 Oct 26, 2018

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 Oct 26, 2018

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 Oct 26, 2018

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 Oct 26, 2018

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 Oct 29, 2018

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 Nov 7, 2018

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)

42 Nov 20, 2018

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 Nov 26, 2018

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 Dec 13, 2018

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 Dec 27, 2018

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)

46 Dec 28, 2018

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)

47 Dec 29, 2018

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 Jan 14, 2019

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 Jan 14, 2019

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 Jan 14, 2019

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 Jan 14, 2019

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 Jan 14, 2019

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 Jan 18, 2019

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)

54 Feb 4, 2019

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)

55 Feb 8, 2019

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 Feb 28, 2019

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 Mar 6, 2019

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 Mar 6, 2019

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 Mar 11, 2019

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 Mar 11, 2019

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 Mar 11, 2019

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 Mar 15, 2019

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 Apr 3, 2019

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

64 Apr 5, 2019

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 Apr 8, 2019

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

66 Apr 9, 2019

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 Apr 15, 2019

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 Apr 25, 2019

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

69 May 16, 2019

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 ยง43(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)

70 May 31, 2019
  • Main Document: Answer to Amended Complaint
71 Jun 12, 2019
  • Main Document: Extension of Time-Other
72 Jun 18, 2019
  • Main Document: Amended Counterclaim
73 Jun 18, 2019

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)

74 Jul 2, 2019
75 Aug 29, 2019
  • Main Document: Compel
76 Sep 5, 2019
  • Main Document: Notice of Motion Re-Noted
77 Sep 13, 2019
  • Main Document: Notice of Motion Re-Noted
78 Sep 20, 2019
  • Main Document: Notice of Motion Re-Noted
79 Sep 27, 2019
  • Main Document: Notice of Motion Re-Noted
80 Oct 4, 2019
  • Main Document: Stipulated Motion
81 Oct 4, 2019
  • Main Document: Notice to Withdraw Pending Motion
82 Oct 8, 2019

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)

83 Jan 17, 2020

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)

84 Jan 31, 2020
  • Main Document: Stipulated Motion
85 Jan 31, 2020

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)

86 Feb 8, 2020
  • Main Document: Response to Order to Show Cause
87 Feb 8, 2020
  • Main Document: Response to Order to Show Cause
88 Feb 12, 2020

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

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