John Zachman et al v. Stan Locke et al



 
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RFC Case Number: C-J10-6045S
Court Case Number: 2:10-cv-06045-DSF -RC
File Date: Friday, August 13, 2010
Plaintiff: John Zachman
Zachman International
Plaintiff Counsel: Vipan K. Bhola of Law Offices of Vip Bhola
Defendant: Stan Locke
Metadata Systems Software
Does 1-10
Cause: 28:1338 Copyright Infringement
Court: California Central District Court
Judge: Judge Dale S. Fischer
Referred To: Magistrate Judge Rosalyn M. Chapman
Notes:

Docket Text

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Date # Docket Text
3/3/2011 34 NOTICE OF FILING TRANSCRIPT filed for proceedings 01/24/11; 2:02p.m. (Seijas, Pamela) (Entered: 03/03/2011)
3/3/2011 33 TRANSCRIPT for proceedings held on 01/24/11. Court Reporter/Electronic Court Recorder: Pamela A. Batalo, phone number www.pamelabatalo.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 3/24/2011. Redacted Transcript Deadline set for 4/3/2011. Release of Transcript Restriction set for 6/1/2011. (Seijas, Pamela) (Entered: 03/03/2011)
1/24/2011 32 JUDGMENT by Judge Dale S. Fischer, in favor of Metadata Systems Software, Stan Locke against Zachman International, John Zachman Related to: Motion Hearing, 31 . The Court having dismissed this action on forum non conveniens grounds,IT IS NOW ORDERED AND ADJUDGED that Plaintiffs take nothing and that the action be dismissed without prejudice on the conditions stated in the Courts January 24, 2011 Order. (MD JS-6, Case Terminated). (shb) (Entered: 01/24/2011)
1/24/2011 31 MINUTES OF MOTION TO DISMISS 27 . Motion Hearing held before Judge Dale S. Fischer: The case is called and counsel state their appearances. The Court hears oral argument as set forth on the record. The Motion to Dismiss is granted. A further written order will be issued as well as a judgment. Court Reporter: Pamela Batalo. (shb) (Entered: 01/24/2011)
1/24/2011 30 MEMORANDUM (IN CHAMBERS) ORDER by Judge Dale S. Fischer: granting 27 Motion to Dismiss for Lack of Jurisdiction. Defendants motion is GRANTED. The complaint is dismissed without prejudice. See Avery v. First Resolution Mgmt. Corp., 568 F.3d 1018, 1024 (9th Cir. 2009). The dismissal is conditioned on Defendants waiving any service of process arguments they may have in Canada and waiving any limitations arguments they would not have been able to assert here. Based on counsels representations at oral argument, the Court deems them to have done so. (shb) (Entered: 01/24/2011)
1/10/2011 29 REPLY in Support of MOTION to Dismiss for Lack of Jurisdiction 27 filed by Defendants Stan Locke, Metadata Systems Software. (Attachments: # 1 Declaration of Stan Locke)(Inman, Steven) (Entered: 01/10/2011)
1/3/2011 28 Opposition Opposition re: MOTION to Dismiss for Lack of Jurisdiction 27 Opposition to Motion to Dismiss for lack of Jurisdiction filed by Plaintiff John Zachman. (Attachments: # 1 Declaration Declaration of John Zachman in support of opposition to dismiss)(Bhola, Vipan) (Entered: 01/03/2011)
12/16/2010 27 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendants Stan Locke, Metadata Systems Software. Motion set for hearing on 1/24/2011 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Declaration of Stan Locke, # 2 Proposed Order)(Inman, Steven) (Entered: 12/16/2010)
12/13/2010 26 MEMORANDUM by Judge Dale S. Fischer: granting 15 Motion to Set Aside Default. Re: Minutes of In Chambers Order to Show Cause re Sanctions, 22 (shb) (Entered: 12/13/2010)
12/2/2010 25 REPLY in Support of MOTION to Set Aside Default 15 filed by Defendants Stan Locke, Metadata Systems Software. (Attachments: # 1 Declaration of Steven Inman In Support of Reply)(Inman, Steven) (Entered: 12/02/2010)
11/24/2010 24 DECLARATION of Vip Bhola In Response to OSC for Sanctions for filing late papers in opposition to MOTION to Set Aside Default 15 filed by Plaintiff John Zachman. (Bhola, Vipan) (Entered: 11/24/2010)
11/19/2010 23 DECLARATION of John Zachman In Opposition to Motion to Set Aside Default filed by the Defendants MOTION to Set Aside Default 15 The prior declaration was for the incorrect party this is the correct declaration filed by Plaintiff John Zachman. (Bhola, Vipan) (Entered: 11/19/2010)
11/19/2010 22 IN CHAMBERS MINUTE ORDER by Judge Dale S. Fischer to Show Cause re Sanctions and taking Defendant's Motion to Set Aside Default Under Submission: The Court orders Plaintiffs to show cause in writing by November 29, 2010 why a sanction of $250 should not issue for their failure to comply with the Courts deadlines. If Defendants wish, they may file a reply to the opposition by December 3, 2010. The Court will also take the motion under submission on December 3, 2010. (shb) (Entered: 11/19/2010)
11/17/2010 21 MEMORANDUM in Opposition to MOTION to Set Aside Default 15 filed by Defendant's; filed by Plaintiff John Zachman. (Attachments: # 1 Declaration Declaration of Vip Bhola, # 2 Declaration Declaration of John Zachman)(Bhola, Vipan) (Entered: 11/17/2010)
11/9/2010 20 NOTICE OF ERRATA filed by Defendants Stan Locke, Metadata Systems Software. correcting MOTION to Set Aside Default 15 Statement of Compliance with Local Rule 7-3 (Inman, Steven) (Entered: 11/09/2010)
11/4/2010 19 (In Chambers) Order re Local Rule 7-3 Compliance by Judge Dale S. Fischer: Counsel for moving party(ies) is to provide the required statement, includingthe date on which the conference took place. (If no conference was timely held before the Motion was filed, the Motion should be taken off-calendar until counsel complies with Rule 7-3.) Note that pursuant to Local Rule 16-12 and Paragraph 6b of this Courts Standing Order, a plaintiffs pro se status does not negate this requirement. The statement must be filed no later than November 10, 2010. A paper copy must be delivered to chambers. (ake) (Entered: 11/04/2010)
11/2/2010 18 Certificate of Interested Parties filed by Defendants Stan Locke, Metadata Systems Software, (Inman, Steven) (Entered: 11/02/2010)
11/2/2010 17 NOTICE OF ERRATA filed by Defendants Stan Locke, Metadata Systems Software. correcting MOTION to Set Aside Default 15 Errata Re: Declaration of Brandon A. Block in Support of Defendants' Motion to Set Aside Default (Inman, Steven) (Entered: 11/02/2010)
10/29/2010 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: MOTION to Set Aside Default 15 . The following error(s) was found: Local Rule 7.1-1 No Certification 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. (shb) (Entered: 10/29/2010)
10/28/2010 15 NOTICE OF MOTION AND MOTION to Set Aside Default filed by Defendants Stan Locke, Metadata Systems Software. Motion set for hearing on 11/29/2010 at 01:30 PM before Judge Dale S. Fischer. (Attachments: # 1 Declaration of Stan Locke, # 2 Declaration of Brandon Block, # 3 Proposed Order)(LaPorte, Lawrence) (Entered: 10/28/2010)
9/23/2010 14 MINUTES (IN CHAMBERS): ORDER by Judge Dale S. Fischer: denying 3 Application for Order to Show Cause; and Application for TRO. (shb) (Entered: 09/23/2010)
9/23/2010 13 DEFAULT BY CLERK ENTERED as to *Defendants Stan Locke, Metadata Systems Software dba Zachman Framework Associates* (shb) (Entered: 09/23/2010)
9/23/2010 12 MEMORANDUM (IN CHAMBERS) ORDER by Judge Dale S. Fischer: granting 10 , 11 Application for Clerk to Enter Default. The Court, having reviewed Plaintiffs requests for entry of the default of Defendants, GRANTS the clerk approval to enter the defaults. (shb) (Entered: 09/23/2010)
9/22/2010 11 First APPLICATION for Clerk to Enter Default against Defendant Metadata Systems Software filed by Plaintiff John Zachman. Application set for hearing on 9/30/2010 at 09:00 AM before Clerk of Court. (Bhola, Vipan) (Entered: 09/22/2010)
9/22/2010 10 First APPLICATION for Clerk to Enter Default against Defendant Stan Locke filed by Plaintiff John Zachman. Application set for hearing on 9/30/2010 at 09:00 AM before Clerk of Court. (Bhola, Vipan) (Entered: 09/22/2010)
9/15/2010 9 PROOF OF SERVICE Executed by Plaintiff John Zachman, upon Defendant Metadata Systems Software served on 8/17/2010, answer due 9/7/2010. Service of the Summons and Complaint were executed upon Stan Locke, agent of service for Metadata in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Bhola, Vipan) (Entered: 09/15/2010)
9/15/2010 8 PROOF OF SERVICE Executed by Plaintiff John Zachman, upon Defendant Stan Locke served on 8/17/2010, answer due 9/7/2010. Service of the Summons and Complaint were executed upon Stan Locke, an individual in compliance with Federal Rules of Civil Procedure by personal service. Original Summons returned. (Bhola, Vipan) (Entered: 09/15/2010)
8/30/2010 7 MINUTES (In Chambers) ORDER TO COMPLY WITH NOTICE TO COUNSEL RE THE FILING OF A COPYRIGHT AND/OR PATENT & TRADEMARK REPORTING REQUIREMENTS by Judge Dale S. Fischer. Counsel is ordered to comply with the above-referenced Notice to Counsel 4 filed on August 13, 2010 within five days. (lom) (Entered: 08/31/2010)
8/26/2010 6 MINUTE ORDER IN CHAMBERS by Judge Dale S. Fischer: re: APPLICATION for Order to Show Cause APPLICATION for Temporary Restraining Order 3 . The Court notes that there is no proof of service on the pending application and therefore will not rule on the application until one is filed. See Minute Order for specifics. (dp) (Entered: 08/26/2010)
8/23/2010 5 STANDING ORDER for Cases Assigned to Judge Dale S Fischer: Read this Order Carefully. It controls this case and differs in some respect from the Local Rules; Counsel for Plaintiff shall immediately serve this Order on all parties, including any new parties to the action; If this case came to the Court by Noticed Removal, Defendant shall serve this Order on all other parties (See document for further details) by Judge Dale S. Fischer (shb) (Entered: 08/23/2010)
8/13/2010 4 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. (Attachments: # 1 AO-121, # 2 AO-120) (car) (Entered: 08/13/2010)
8/13/2010 3 APPLICATION for Order to Show Cause and Temporary Restraining Order; Memorandum of Points and Authorities; Declaration of Vip Bhola RE: Notice filed by plaintiffs John Zachman, Zachman International. (car) (ds). (Entered: 08/13/2010)
8/13/2010 3 APPLICATION for Order to Show Cause and Temporary Restraining Order; Memorandum of Points and Authorities; Declaration of Vip Bhola RE: Notice filed by plaintiffs John Zachman, Zachman International. (car) (Entered: 08/13/2010)
8/13/2010 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff John Zachman, Zachman International (car) (mg). (Entered: 08/13/2010)
8/13/2010 2 CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff John Zachman, Zachman International (car) (Entered: 08/13/2010)
8/13/2010 1 COMPLAINT against Defendants DOES 1 to 10, inclusive, Stan Locke, Metadata Systems Software. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Rosalyn M Chapman.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff John Zachman, Zachman International.[CV-31](car) (Additional attachment(s) added on 8/13/2010: # 1 Summons, # 2 Civil Cover Sheet) (ds). (Additional attachment(s) added on 8/16/2010: # 3 Ntc of Asgnmt) (mg). (Entered: 08/13/2010)
8/13/2010 1 COMPLAINT against Defendants DOES 1 to 10, inclusive, Stan Locke, Metadata Systems Software. Case assigned to Judge Dale S. Fischer for all further proceedings. Discovery referred to Magistrate Judge Rosalyn M Chapman.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff John Zachman, Zachman International.[CV-31](car) (Entered: 08/13/2010)
8/13/2010 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants DOES 1-10, inclusive, Stan Locke, Metadata Systems Software. (car) (Entered: 08/13/2010)
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