Daniel J. Philbrick et al v. eNom, Incorporated



 
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RFC Case Number: T-D07-215E
Court Case Number: 1:07-cv-00215-JL
File Date: Tuesday, July 17, 2007
Plaintiff: Daniel J. Philbrick
Dover Sports, Inc.
Plaintiff Counsel: Kevin M. Fitzgerald, Courtney Quinn Brooks of Nixon Peabody LLP
Defendant: eNom, Incorporated
Cause: 15:1125 Trademark Infringement (Lanham Act)
Court: New Hampshire District Court
Judge: Judge Joseph N. Laplante
Notes:

Docket Text

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Date # Docket Text
5/19/2009 ENDORSED ORDER denying 115 Motion to Intervene as Plaintiffs and Motion for Reconsideration, en banc. Text of Order: Denied. The case is closed. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 05/19/2009)
5/18/2009 116 OBJECTION to 115 MOTION to Intervene as Plaintiff filed by eNom, Incorporated. (Attachments: # 1 Exhibit A-Jonathan Lee Riches Website Printouts)(Gordon, Steven) (Entered: 05/18/2009)
5/4/2009 115 MOTION to Intervene as Plaintiffs and Motion for Reconsideration, en banc filed by Ward Churchill, Jonathan Lee Riches. Served on 5/8/09 (via CM/ECF docketing). Follow up on Objection on 5/21/2009. (dae) (Entered: 05/08/2009)
3/24/2009 114 Notice of Withdrawal of Motion: 108 MOTION for Reconsideration re 106 Order on Motion in Limine,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION for Reconsideration re 106 Order on Motion in Limine,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,. (Fitzgerald, Kevin) (Entered: 03/24/2009)
3/23/2009 113 Notice of Withdrawal of Motion: 109 MOTION for Attorney Fees. (Gordon, Steven) (Entered: 03/23/2009)
3/1/2009 ENDORSED ORDER granting 110 Motion to Extend Time to Object/Respond to 109 Motion for Attorney Fees to 3/23/09. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 3/23/2009. (jb) (Entered: 03/04/2009)
3/1/2009 ENDORSED ORDER granting 112 Motion to Extend Time to Object/Respond to 108 Motion for Reconsideration. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 3/23/2009. (jb) (Entered: 03/04/2009)
2/24/2009 112 Assented to MOTION to Extend Time to Object/Respond to 108 MOTION for Reconsideration re 106 Order on Motion in Limine,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, MOTION for Reconsideration re 106 Order on Motion in Limine,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, to March 23, 2009 filed by eNom, Incorporated. (Gordon, Steven) (Entered: 02/24/2009)
2/24/2009 111 NOTICE of Attorney Appearance by William E. Christie on behalf of eNom, Incorporated (Christie, William) (Entered: 02/24/2009)
2/24/2009 110 Assented to MOTION to Extend Time to Object/Respond to 109 MOTION for Attorney Fees to 3/23/09 filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 02/24/2009)
2/10/2009 109 MOTION for Attorney Fees filed by eNom, Incorporated. Follow up on Objection on 3/2/2009. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A-Union Leader Article, 9/8/08, # 3 Exhibit B-Declaration of Michael Blend, # 4 Exhibit C-Email Exchange)(Gordon, Steven) (Entered: 02/10/2009)
2/6/2009 108 MOTION for Reconsideration re 106 Order granting 49 Motion for Summary Judgment filed by eNom, Inc.; denying 51 Motion for Summary Judgment on ACPA Claim (Count I) filed by Dover Sports, Inc., Daniel J. Philbrick(Fitzgerald, Kevin) Modified on 2/9/2009 to take out miscellaneous motion links: (cmp). (Entered: 02/06/2009)
1/27/2009 107 JUDGMENT is hereby entered in accordance with 106 Order on Motions for Summary Judgment. Signed by Clerk James R. Starr. (Case Closed) (cmp) (Entered: 01/29/2009)
1/22/2009 106 ///ORDER granting 49 Motion for Summary Judgment filed by eNom, Inc.; denying 51 Motion for Summary Judgment on ACPA Claim (Count I) filed by Dover Sports, Inc., Daniel J. Philbrick; denying as moot 26 Motion in Limine to Preclude Defendant from Offering Evidence of Plaintiff's Political Activities; denying as moot 27 Motion to Take Judicial Notice of WIPO and NAF Decisions; denying as moot 28 Motion in Limine to Preclude Defendant from Offering Evidence of Other Trademarks; denying as moot 32 Motion to Compel Responses to Discovery Requests; denying as moot 36 Motion in Limine to Preclude Plaintiffs from Offering Evidence of UDRP Proceedings; denying as moot 37 Motion in Limine to Exclude Unauthenticated Screenshots; denying as moot 38 Motion in Limine to Preclude Plaintiffs from Offering Evidence of Unrelated Domain Names and Websites; denying as moot 39 Motion in Limine to Preclude Plaintiffs from Presenting Evidence or Arguement Relating to the Accessibility of Third-Party Archival Websites; denying as moot 75 Motion to Strike Exhibits 1, 4 and 5 to eNom's Memorandum of Law in Support of Motion for Summary Judgment; denying as moot 85 Motion to Strike and Exclude Certain Evidence Submitted by Plaintiffs in Opposition to eNoms Motion for Summary Judgment; denying 90 Motion to Strike 77 Memorandum to Motion and/or Objection; denying 95 Motion for Sanctions Due to Defendant's Spoliation of Evidence and Alternative Motion in Limine No. 3 to Preclude Defendant from Contesting the Authenticity of Screenshots Taken from the Infringing Websites. The clerk shall enter judgment accordingly and close the case. So Ordered by Judge Joseph N. Laplante. (jb) (Additional attachment(s) added on 1/23/2009: # 1 January 22, 2009 Order) (cmp). (Entered: 01/22/2009)
1/21/2009 105 TRANSCRIPT of Proceedings for Motion Hearing held on January 8, 2009. Court Reporter: Sandra L. Bailey, Telephone # 603 225-1454. Transcript is available for public inspection, but may not be copied or otherwise reproduced, at the Clerk's Office for a period of 90 days. Additionally, only attorneys of record and pro se parties with an ECF login and password who purchase a transcript from the court reporter will have access to the transcript through PACER during this 90-day period. If you would like to order a copy, please contact the court reporter at the above listed phone number.NOTICE: Any party who requests an original transcript has 21 days from service of this notice to determine whether it is necessary to redact any personal identifiers and, if so, to electronically file a Redaction Request. Redaction Request Follow Up 2/17/2009. Redacted Transcript Follow Up 2/24/2009. Release of Transcript Restriction set for 4/21/2009. (cmp) (Entered: 01/21/2009)
1/13/2009 ENDORSED ORDER Approving 103 Stipulation re: Protective Order. Text of Order: Approved. Further, because of unexpected developments in unrelated matters on the court's docket, the court anticipates issuing the written opinion memorializing its oral order granting eNom's motion for summary judgment during the week of 1/19/09, and apologizes to counsel and the parties for the unexpected delay.SO ORDERED by Judge Joseph N. Laplante. (cmp) (Entered: 01/13/2009)
1/9/2009 104 Exhibit List for 1/8/08 Motion hearing by eNom, Incorporated. (cmp) (Entered: 01/09/2009)
1/8/2009 Minute Entry for proceedings held before Judge Joseph N. Laplante. MOTION HEARING held on 1/8/2009 re 51 MOTION for Summary Judgment on ACPA Claim (Count I)and 49 MOTION for Summary Judgment.Evidence Introduced. Oral Order denying plaintiff's Motion for Summary Judgment and granting Defendant's Motion for Summary Judgment. Written Order to issue. (Court Reporter: Sandra L. Bailey) (Pltfs Atty: Kevin Fitzgerald, Courtney Brooks) (Defts Atty: Steve Gordon, Daniel Rubinstein (Paul McGrady present)(Total Hearing Time: 2 hr 30 min) (cmp) (Entered: 01/09/2009)
1/7/2009 103 STIPULATION re: Protective Order Regarding Inspection of Certain of Plaintiffs' Electronic Evidence by eNom, Incorporated (Gordon, Steven) (Entered: 01/07/2009)
1/5/2009 102 OBJECTION to 85 MOTION to Strike AND EXCLUDE CERTAIN EVIDENCE SUBMITTED BY PLAINTIFFS IN OPPOSITION TO ENOMS MOTION FOR SUMMARY JUDGMENT filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Memorandum of Law in Support of Plaintiffs' Objection, # 2 Exhibit (Affidavit) of Matthew Langley, # 3 Exhibit (Affidavit) of Courtney Brooks, # 4 Exhibit A 8-29-08 Email from Dunning to Fitzgerald, # 5 Exhibit B 10-7-08 Email from Brooks to Dunning, # 6 Exhibit C 11-24=08 Email from Brooks to Dunning, # 7 Exhibit D 11-17-08 Email from Tady to Elster, # 8 Exhibit E 11-20-08 Email from Dunn to Brooks, # 9 Exhibit F 1/5/09 Email from Dunn to Brooks, # 10 Exhibit G eNom's 3rd Request for Production)(Fitzgerald, Kevin) (Entered: 01/05/2009)
1/5/2009 101 MEMORANDUM in Opposition re 90 MOTION to Strike 77 Memorandum to Motion and/or Objection, MOTION to Strike 77 Memorandum to Motion and/or Objection, filed by eNom, Incorporated. (Attachments: # 1 Exhibit 1-Declaration of Charles Ursini, # 2 Exhibit 2-Re-Notice of Deposition)(Gordon, Steven) (Entered: 01/05/2009)
12/30/2008 100 Pretrial Statement [Final] filed by eNom, Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dunning, Jeffrey) (Entered: 12/30/2008)
12/30/2008 99 Request for Findings of Fact and Rulings of Law by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 12/30/2008)
12/30/2008 98 TRIAL BRIEF /MEMORANDUM by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 12/30/2008)
12/30/2008 97 Request for Findings of Fact and Rulings of Law by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 12/30/2008)
12/30/2008 96 Pretrial Statement filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Exhibit A Plaintiffs' Exhibit List)(Fitzgerald, Kevin) (Entered: 12/30/2008)
12/30/2008 95 MOTION for Sanctions Due to Defendant's Spoliation of Evidence and Alternative Motion in Limine No. 3 to Preclude Defendant from Contesting the Authenticity of Screenshots Taken from the Infringing Websites filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 1/20/2009. (Fitzgerald, Kevin) (Entered: 12/30/2008)
12/22/2008 94 RESPONSE to Motion re 32 MOTION to Compel Responses to Discovery Requests filed by eNom, Incorporated. (Gordon, Steven) (Entered: 12/22/2008)
12/22/2008 ENDORSED ORDER granting in part 93 Motion for to Return the Date of the Final Pretrial Conference to January 12, 2009 and Set a January 6, 2009 Filing Date for Objections to Final Pretrial Statements. Text of Order: Granted in part. Pretrial will be held as scheduled on January 12, and date for filing objections to Pretrial Statements will be set at the January 8 summary judgment hearing. So Ordered by Judge Joseph N. Laplante. (cmp) (Entered: 12/22/2008)
12/22/2008 NOTICE re: 51 MOTION for Summary Judgment and 49 MOTION for Summary Judgment. Motion Hearing set for 1/8/2009 02:00 PM before Judge Joseph N. Laplante. (cmp) (Entered: 12/22/2008)
12/19/2008 ENDORSED ORDER granting 92 Motion to Extend Time For Filing Final Pretrial Statements and to Continue Final Pretrial Conference to the Afternoon of January 15 or 16, 2009. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Pretrial Statements due 12/30/2008. (jb) (Entered: 12/19/2008)
12/18/2008 93 Assented to MOTION to Return the Date of the Final Pretrial Conference to January 12, 2009 and Set a January 6, 2009 Filing Date for Objections to Final Pretrial Statements filed by eNom, Incorporated. (Gordon, Steven) (Entered: 12/18/2008)
12/17/2008 92 Assented to MOTION to Extend Time to For Filing Final Pretrial Statements to December 30, 2008 And To Continue the Final Pretrial Conference To The Afternoon of January 15 or 16, 2009 filed by eNom, Incorporated. (Gordon, Steven) (Entered: 12/17/2008)
12/16/2008 91 Addendum/DECLARATION THAT PARTY WAS UNABLE TO FILE IN A TIMELY MANNER DUE TO TECHNICAL FAILURE OR USER SYSTEMS FAILURE to 89 Memorandum in Support of Motion by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 12/16/2008)
12/16/2008 90 MOTION to Strike 77 Memorandum to Motion and/or Objection, filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 1/5/2009. (Attachments: # 1 Memorandum of Law in Support of Motion to Strike Declaration of Charles Ursini, # 2 Exhibit A - Excerpts from Ursini deposition, # 3 Exhibit B - Complaint, # 4 Exhibit C - Discovery Document, # 5 Declaration of Courtney Q. Brooks of Technical Failure)(Fitzgerald, Kevin) (Entered: 12/16/2008)
12/16/2008 89 MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 12/16/2008)
12/16/2008 ENDORSED ORDER granting 83 Motion to Exceed Page Limit in its Reply Memorandum in Support of its Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 12/16/2008)
12/16/2008 ENDORSED ORDER granting 84 Motion to Extend Time to Object/Respond re 32 Motion to Compel Responses to Discovery Requests to 12/22/08. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 12/22/2008. (jb) (Entered: 12/16/2008)
12/16/2008 ENDORSED ORDER denying as moot 82 Motion to Extend Time to Object/Respond to 32 Motion to Compel Responses to Discovery Requests to December 12, 2008. Text of Order: Denied as Moot. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 12/16/2008)
12/16/2008 NOTICE of ECF Filing Error re: 87 Memorandum in Support of Motion, filed by eNom, Incorporated. Document should have been filed as an attachment to the main document (#85 Motion to Strike) (AP 2.5(a)) In addition exhibits need to have a short description of 5 words or less. NO ACTION REQUIRED - FOR INFORMATIONAL PURPOSES ONLY AND MERELY INTENDED TO EDUCATE ALL PARTIES IN THE CASE. If the filing party has any questions concerning this notice, please contact the judge's case manager at 603-225-1488. (cmp) (Entered: 12/16/2008)
12/15/2008 88 MEMORANDUM in Opposition re 75 MOTION to Strike Exhibits 1, 4 and 5 to eNom's Memorandum of Law in Support of Motion for Summary Judgment filed by eNom, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dunning, Jeffrey) (Entered: 12/15/2008)
12/15/2008 87 MEMORANDUM in Support re 85 MOTION to Strike AND EXCLUDE CERTAIN EVIDENCE SUBMITTED BY PLAINTIFFS IN OPPOSITION TO ENOMS MOTION FOR SUMMARY JUDGMENT filed by eNom, Incorporated. (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)(Dunning, Jeffrey) (Entered: 12/15/2008)
12/15/2008 86 REPLY to Objection to Motion re 51 MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 12/15/2008)
12/15/2008 85 MOTION to Strike AND EXCLUDE CERTAIN EVIDENCE SUBMITTED BY PLAINTIFFS IN OPPOSITION TO ENOMS MOTION FOR SUMMARY JUDGMENT filed by eNom, Incorporated. Follow up on Objection on 1/2/2009. (Dunning, Jeffrey) (Entered: 12/15/2008)
12/12/2008 84 Assented to MOTION to Extend Time to Object/Respond to 32 MOTION to Compel Responses to Discovery Requests to 12/22/2008 filed by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 12/12/2008)
12/11/2008 83 Assented to MOTION to Exceed PAGE LIMIT IN ITS REPLY MEMORANDUM IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT filed by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 12/11/2008)
12/3/2008 82 MOTION to Extend Time to Object/Respond to 32 MOTION to Compel Responses to Discovery Requests to December 12, 2008 filed by eNom, Incorporated. Follow up on Objection on 12/22/2008. (Gordon, Steven) (Entered: 12/03/2008)
12/1/2008 81 Notice of Intent to Reply to Objection to 49 MOTION for Summary Judgment. Follow up on Reply on 12/18/2008. (Gordon, Steven) (Entered: 12/01/2008)
12/1/2008 80 Notice of Intent to Reply to Objection to 51 MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I), 49 MOTION for Summary Judgment. Follow up on Reply on 12/18/2008. (Fitzgerald, Kevin) (Entered: 12/01/2008)
12/1/2008 TRIAL NOTICE RESCHEDULED: Bench Trial reset for 1/28/2009 at 09:30 AM before Judge Joseph N. Laplante. (cmp) (Entered: 12/01/2008)
12/1/2008 ENDORSED ORDER granting 74 Motion to Exceed Page Limit on its Objection to Enom's Motion for Summary Judgment. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 12/01/2008)
12/1/2008 ENDORSED ORDER granting 73 Motion to Extend Time to Object/Respond to 32 Motion to Compel Responses to Discovery Requests to December 3, 2008. Text of Order: Granted. The motion will soon be moot, and, based on the recent course of dealings between the parties, the court believes plaintiff's counsel would have assented had he been reached. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 12/3/2008. (jb) (Entered: 12/01/2008)
12/1/2008 ENDORSED ORDER granting 72 Motion to Continue Bench Trial to January 28, 29 and 30. Text of Order: Granted. As far as the court is concerned, these are "hard" dates that will not be modified further without unequivocal agreement between the parties. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 12/01/2008)
11/26/2008 79 Addendum//corrected Memorandum of Law in Support of Objection to eNom's Motion for Summary Judgment to 78 Objection to Motion,,,,,,,, filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 11/26/2008)
11/26/2008 78 OBJECTION to 49 MOTION for Summary Judgment filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 CORRECTED MEMO FILED, See #79. Memorandum of Law in Opposition to eNom's Motion for Summary Judgment, # 2 Exhibit (Affidavit) Affidavit of Daniel J. Philbrick, # 3 Exhibit A-SOS Trade Name, # 4 Exhibit B - hockey.com websites, # 5 Exhibit C - web/phone sales report, # 6 Exhibit D - Washington Sales Report, # 7 Exhibit E1 - Philbrick's Sports ads, # 8 Exhibit E2 -Philbrick's Sports ads, # 9 Exhibit E3 - Philbrick's Sports ads, # 10 Exhibit F - Profit and Loss Statement, # 11 Exhibit G - Transaction Detail, # 12 Exhibit H - Philbrick's Sports/hockey.com co-branded ads, # 13 Exhibit I - Adult/Pornographic Content, # 14 Exhibit J - philbricksports.com webpage, # 15 Exhibit K - philbricksports.com webpage, # 16 Exhibit (Affidavit) Affidavit of Kevin M. Fitzgerald, # 17 Exhibit A - enom.com content, # 18 Exhibit B - Ursini Deposition, # 19 Exhibit C - Domain Name History For philbricksports.com, # 20 Exhibit D - Depo Exhibit 19, # 21 Exhibit E - eNom 000073-74, # 22 Exhibit F - eNom 000061-64, # 23 Exhibit G - Depo Exhibit 49, # 24 Exhibit H - philbrickssports.net webpage, # 25 Exhibit I - Mitchell Depo, # 26 Exhibit J - eNom's Responses to RFAs, # 27 Exhibit K - eNom's Responses to Interrogatories, # 28 Exhibit L - eNom Revenue from philbricksports.com, # 29 Exhibit M - eNom Revenue from philbrickssports.net, # 30 Exhibit N - eNom Revenues from philbricksports.com, # 31 Exhibit O - Walker Depo, # 32 Exhibit P - Blend Depo, # 33 Exhibit Q - WIPO Article, # 34 Exhibit R - ICANN accredited registrars, # 35 Exhibit S - eNom's Supplemental Responses to RFAs, # 36 Exhibit T - September 24, 2008 letter, # 37 Exhibit U - Senate Report No. 106-140, # 38 Exhibit V - George Philbrick Depo, # 39 Exhibit W - eNom's Supplemental Responses to Interrogatories, # 40 Exhibit X - Daniel J. Philbrick Depo)(Fitzgerald, Kevin) Modified on 12/1/2008 to add: CORRECTED MEMO language.(dae). (Entered: 11/26/2008)
11/26/2008 77 MEMORANDUM re 76 Objection to Motion,, filed by eNom, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Rubinstein, Daniel) (Entered: 11/26/2008)
11/26/2008 76 OBJECTION to 51 MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) MOTION for Summary Judgment on ACPA Claim (Count I) filed by eNom, Incorporated. (Rubinstein, Daniel) (Entered: 11/26/2008)
11/25/2008 75 MOTION to Strike Exhibits 1, 4 and 5 to eNom's Memorandum of Law in Support of Motion for Summary Judgment filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 12/15/2008. (Attachments: # 1 Memorandum of Law in Support of Motion to Strike, # 2 Exhibit A - Ursini Deposition Excerpts)(Fitzgerald, Kevin) (Entered: 11/25/2008)
11/24/2008 74 Assented to MOTION to Exceed Page Limit on its Objection to Enom's Motion for Summary Judgment filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 11/24/2008)
11/21/2008 73 MOTION to Extend Time to Object/Respond to 32 MOTION to Compel Responses to Discovery Requests to December 3, 2008 filed by eNom, Incorporated. Follow up on Objection on 12/11/2008. (Gordon, Steven) (Entered: 11/21/2008)
11/20/2008 72 MOTION to Continue Trial Bench Trial to January 28, 29 and 30, 2009 filed by eNom, Incorporated. Follow up on Objection on 12/8/2008. (Gordon, Steven) (Entered: 11/20/2008)
11/20/2008 71 Addendum/eNom's Certificate of Service to 70 Answer to Amended Complaint for Damages and Equitable Relief by eNom, Incorporated. (Gordon, Steven) (Entered: 11/20/2008)
11/19/2008 70 ANSWER to 67 Amended Complaint, filed by eNom, Incorporated. (Gordon, Steven) (Entered: 11/19/2008)
11/18/2008 TRIAL NOTICE: LR 16.2(d) Objections due 1/5/09. Bench Trial set for 1/20/2009 09:30 AM before Judge Joseph N. Laplante. Final Pretrial Conference set for 1/12/2009 02:00 PM before Judge Joseph N. Laplante. Pretrial Statements due 12/22/2008. (cmp) (Entered: 11/18/2008)
11/12/2008 69 Assented to MOTION to Extend Time to Object/Respond to 32 MOTION to Compel Responses to Discovery Requests to November 21, 2008 filed by eNom, Incorporated. (Gordon, Steven) (Entered: 11/12/2008)
11/12/2008 ENDORSED ORDER granting 69 Motion to Extend Time to Object/Respond to 32 Motion to Compel Responses to Discovery Requests to November 21, 2008. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 11/21/2008. (jb) (Entered: 11/13/2008)
11/12/2008 ENDORSED ORDER granting 68 Motion to Extend Time to Object/Respond to 50 Memorandum in Support of Motion, 51 Motion for Summary Judgment on ACPA Claim (Count I), 49 Motion for Summary Judgment to November 26, 2008. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objections on 11/26/2008. (jb) (Entered: 11/12/2008)
11/7/2008 68 Assented to MOTION to Extend Time to Object/Respond to 50 Memorandum in Support of Motion, 51 MOTION for Summary Judgment on ACPA Claim (Count I) , 49 MOTION for Summary Judgment to November 26, 2008 filed by Daniel J. Philbrick, Dover Sports, Inc., eNom, Incorporated. (Fitzgerald, Kevin) Modified on 11/10/2008 to take out duplicate text. (dae). (Entered: 11/07/2008)
11/4/2008 67 AMENDED COMPLAINT against eNom, Incorporated filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Exhibit A New Hampshire Trade Name Registration, # 2 Exhibit B registrant data, # 3 Exhibit C registrant data, # 4 Exhibit D Infringing web-page advertising content, # 5 Exhibit E Infringing web-page adult content, # 6 Exhibit F Temporary Restraining Order, # 7 Exhibit G Preliminary Restraining Order)(Fitzgerald, Kevin) (Entered: 11/04/2008)
11/4/2008 ENDORSED ORDER granting 33 Motion to Amend 1 Complaint. Text of Order: Granted per discussion at recent telephone conference. Within 48 hours counsel shall electronically refile the pleading attached to the Motion to Amend using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante. Amended Pleadings due by 11/6/2008. (cmp) (Entered: 11/04/2008)
11/4/2008 ENDORSED ORDER granting 66 Motion to Extend Time to Object/Respond re 32 Motion to Compel. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 11/12/2008. (cmp) (Entered: 11/04/2008)
11/3/2008 66 Assented to MOTION to Extend Time to Object/Respond to 32 MOTION to Compel Responses to Discovery Requests to November 12, 2008 filed by eNom, Incorporated. (Gordon, Steven) (Entered: 11/03/2008)
10/23/2008 63 Assented to MOTION to Extend Time to Object/Respond to 32 MOTION to Compel Responses to Discovery Requests to November 3, 2008 filed by eNom, Incorporated. (Gordon, Steven) (Entered: 10/23/2008)
10/23/2008 Corrective Entry to 65 US Marshal Return. Entry corrected by by adding the following text, [FILED IN ERROR - Should have been docketed in 07-cr-215-01-SM]. (jab) (Entered: 10/23/2008)
10/23/2008 Corrective Entry to 64 US Marshal Return. Entry corrected by adding the following text,[FILED IN ERROR - Should have been docketed in 07-cr-215-01-SM] (jab) (Entered: 10/23/2008)
10/23/2008 ENDORSED ORDER granting 63 Motion to Extend Time to Object/Respond to 32 Motion to Compel Responses to Discovery Requests to November 3, 2008. Text of Order: Granted. The court appreciates counsel's efforts to resolve these matters. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 11/3/2008. (jb) (Entered: 10/23/2008)
10/22/2008 65 [FILED IN ERROR - Should have been docketed in 07-cr-215-01-SM]. US Marshal Service of Process re: net proceeds in the amount of $ 973.42 transferred to the Clerk of Court (pursuant to the Restoration letter from the Asset Forfeiture and Money Laundering Section dated 10/7/08). (jab) Modified on 10/23/2008 to add text in brackets (jab). (Entered: 10/23/2008)
10/22/2008 64 [FILED IN ERROR - Should have been docketed in 07-cr-215-01-SM]. US Marshal Service of Process re: net proceeds in the amount of $6,802.92 transferred to the Clerk of Court (pursuant to the Restoration letter from the Asset Forfeiture and Money Laundering Section dated 10/7/08). (jab) Modified on 10/23/2008 to add text in brackets (jab). (Entered: 10/23/2008)
10/22/2008 ENDORSED ORDER terminating 52 Motion to Continue Trial; terminating 52 Motion to Continue Trial Date. Text of Order: Issue was covered during 10-21-08 telephone conference. Bench trial to be scheduled by agreement of parties in consultation with Deputy Clerk. So Ordered by Judge Joseph N. Laplante. (jb) Modified on 11/20/2008 to change date of telephone conference from 10/20 to 10/21. (cmp). (Entered: 10/22/2008)
10/22/2008 ENDORSED ORDER granting 59 Motion to Appear Pro Hac Vice. Text of Order: Granted on the condition that Daniel D. Rubinstein completes an online ECF Registration Form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 11/10/2008. To access the online registration form, click HERE. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE.(jb) (Entered: 10/22/2008)
10/22/2008 ENDORSED ORDER mooting 53 Motion to Excuse Defendants Representative from Attendance at the Final Pretrial Conference Pursuant to Local Rule 16.3(b). Text of Order: Moot. Pretrial was continued. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 10/22/2008)
10/21/2008 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 10/21/2008. Bench Trial to Schedule. (Pltfs Atty: Kevin Fitzgerald, Courtney Quinn Brooks) (Defts Atty: Jeffrey P. Dunning, Paul D. McGrady, Daniel Rubenstein, Steven M. Gordon)(Total Hearing Time: 14 min) (cmp) (Entered: 10/21/2008)
10/21/2008 ENDORSED ORDER granting 48 Motion to Seal Document at Level I. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (cmp) (Entered: 10/21/2008)
10/20/2008 61 NOTICE of JURY WAIVER by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/20/2008)
10/20/2008 60 Addendum/ to 52 Assented to MOTION to Continue Trial Date to November 11, 2008 Assented to MOTION to Continue Final Pretrial Conference to October 28, 2008 by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 10/20/2008)
10/20/2008 59 MOTION for of Daniel D. Rubinstein, Esquire to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000451577.) filed by eNom, Incorporated. Follow up on Objection on 11/6/2008. (Attachments: # 1 Exhibit Declaration of Daniel D. Rubinstein)(Gordon, Steven) (Entered: 10/20/2008)
10/20/2008 58 THIS DOCUMENT FILED IN ERROR. REPLACED BY DOCUMENT #60. Addendum/ to 52 Assented to MOTION to Continue Trial Date to November 11, 2008 Assented to MOTION to Continue Final Pretrial Conference to October 28, 2008 by eNom, Incorporated. (Dunning, Jeffrey) Modified on 10/21/2008 to add: THIS DOCUMENT FILED IN ERROR. REPLACED BY DOCUMENT #60 (cmp). (Entered: 10/20/2008)
10/20/2008 57 OBJECTION to 38 MOTION in Limine to Preclude Plaintiffs from Offering Evidence of Unrelated Domain Names and Websites filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Exhibit A - royalcaribbiancruise domain name, # 2 Exhibit B - northamericanpaper domain name, # 3 Exhibit northbaycorvette.com domain name, # 4 Exhibit D - holyspiritcatholicschool.com domain name)(Fitzgerald, Kevin) (Entered: 10/20/2008)
10/20/2008 56 OBJECTION to 39 MOTION in Limine to Preclude Plaintiffs from Presenting Evidence or Arguement Relating to the Accessibility of Third-Party Archival Websites filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Exhibit A - Internet Archive Home Page, # 2 Exhibit B - Post Gazette Article, # 3 Exhibit C - Internet Archive philbrickssports.com)(Fitzgerald, Kevin) (Entered: 10/20/2008)
10/20/2008 55 OBJECTION to 36 MOTION in Limine to Preclude Plaintiffs from Offering Evidence of UDRP Proceedings filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Exhibit A - Carolyn Mitchell Deposition Transcript, # 2 Exhibit B - Deposition Ex. 18, # 3 Exhibit C - Depo Exhibit 19)(Fitzgerald, Kevin) (Entered: 10/20/2008)
10/20/2008 54 OBJECTION to 37 MOTION in Limine to Exclude Unauthenticated Screenshots filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/20/2008)
10/20/2008 53 MOTION to Excuse DEFENDANTS REPRESENTATIVE FROM ATTENDANCE AT THE FINAL PRETRIAL CONFERENCE PURSUANT TO LOCAL RULE 16.3(b) filed by eNom, Incorporated. Follow up on Objection on 11/6/2008. (Dunning, Jeffrey) (Entered: 10/20/2008)
10/20/2008 NOTICE of Hearing. Telephone Conference set for 10/21/2008 02:00 PM before Judge Joseph N. Laplante. The court will initiate the call. (cmp) (Entered: 10/20/2008)
10/19/2008 52 Assented to MOTION to Continue Trial Date to November 11, 2008, Assented to MOTION to Continue Final Pretrial Conference to October 28, 2008 ( Follow up on Objection on 11/3/2008.) filed by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 10/19/2008)
10/17/2008 51 MOTION for Summary Judgment on ACPA Claim (Count I) filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 11/19/2008. (Attachments: # 1 Memorandum of Law in Support of Motion for Summary Judgment, # 2 Exhibit (Affidavit) of Kevin M. Fitzgerald, # 3 Exhibit A - eNom web page, # 4 Exhibit B - eNom web page, # 5 Exhibit C - Notice of Conventional Filing, # 6 Exhibit D - NameJet webpage, # 7 Exhibit E - Depo Exhibit 18, # 8 Exhibit F - Depo Exhibit 19, # 9 Exhibit G - eNom 000073 - 74, # 10 Exhibit H - eNom 000061 - 64, # 11 Exhibit I - Depo Exhibit 49, # 12 Exhibit J - philbrickssports.net information, # 13 Exhibit K - Deposition of Carolyn Mitchell, # 14 Exhibit L - eNom's Responses to RFA's, # 15 Exhibit M - eNom's Responses to Interrogatories, # 16 Exhibit N - eNom 000228, # 17 Exhibit O - Depo Exhibit 13, # 18 Exhibit P - Depo Exhibit 14, # 19 Exhibit Q - eNom 1, # 20 Exhibit R - Deposition of Kevin Walker, # 21 Exhibit S - Notice of Conventional Filing, # 22 Exhibit T - eNom's Responses to RFPs, # 23 Exhibit U - eNom 000060, # 24 Exhibit V - Ultra RPM Info, # 25 Exhibit W - Senate Report, # 26 Exhibit X - Deposition of Daniel Philbrick, # 27 Exhibit Y - Deposition of George Philbrick, # 28 Exhibit Z - eNom Id Protect, # 29 Exhibit AA - September 24, 2008 letter, # 30 Exhibit (Affidavit) of Daniel J. Philbrick, # 31 Exhibit A - Secretary of State Trade Name, # 32 Exhibit B - Profit and Loss Statement, # 33 Exhibit C - Transaction Detail, # 34 Exhibit D - Philbrick's Sports web page, # 35 Exhibit E - Advertisements, # 36 Exhibit F - philbricksports.com website, # 37 Exhibit G - philbricksports.com website, # 38 Exhibit H - Adult Content on philbricksports.com)(Fitzgerald, Kevin) (Entered: 10/17/2008)
10/17/2008 50 MEMORANDUM in Support re 49 MOTION for Summary Judgment filed by eNom, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 part 2, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit 14, # 16 Exhibit 15, # 17 Exhibit 16, # 18 Exhibit 17, # 19 Exhibit 18)(Dunning, Jeffrey) (Entered: 10/17/2008)
10/17/2008 49 MOTION for Summary Judgment filed by eNom, Incorporated. Follow up on Objection on 11/19/2008. (Dunning, Jeffrey) (Entered: 10/17/2008)
10/17/2008 48 Assented to MOTION to Seal Document at Level 1 filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/17/2008)
10/17/2008 47 Objection to 30 Proposed Jury Instructions filed by eNom, Incorporated. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dunning, Jeffrey) (Entered: 10/17/2008)
10/17/2008 46 RESPONSE to Motion re 28 MOTION in Limine to Preclude Defendant from Offering Evidence of Other Trademarks filed by eNom, Incorporated. (Attachments: # 1 Exhibit A-C)(Dunning, Jeffrey) (Entered: 10/17/2008)
10/17/2008 45 ENOM, INC.'S OBJECTIONS TO PLAINTIFFS LIST OF EXHIBITS THAT PLAINTIFFS EXPECT TO OFFER AT TRIAL, EXHIBITS THAT PLAINTIFFS MAY OFFER AT TRIAL, AND DEPOSITIONS THAT PLAINTIFFS MAY READ AT TRIAL by eNom, Incorporated (Dunning, Jeffrey) (Entered: 10/17/2008)
10/17/2008 44 RESPONSE to Motion re 26 MOTION in Limine to Preclude Defendant from Offering Evidence of Plaintiff's Political Activities filed by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 10/17/2008)
10/16/2008 43 MEMORANDUM in Opposition re 33 MOTION to Amend 1 Complaint,, MOTION to Amend 1 Complaint,, MOTION to Amend 1 Complaint,, MOTION to Amend 1 Complaint,, filed by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 10/16/2008)
10/16/2008 42 RESPONSE to Motion re 27 MOTION to Take Judicial Notice of WIPO and NAF Decisions filed by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 10/16/2008)
10/10/2008 41 Pretrial Statement Final filed by eNom, Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Dunning, Jeffrey) (Entered: 10/10/2008)
10/10/2008 40 Proposed Jury Instructions by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 10/10/2008)
10/10/2008 39 MOTION in Limine to Preclude Plaintiffs from Presenting Evidence or Arguement Relating to the Accessibility of Third-Party Archival Websites filed by eNom, Incorporated. Follow up on Objection on 10/30/2008. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Dunning, Jeffrey) (Entered: 10/10/2008)
10/10/2008 38 MOTION in Limine to Preclude Plaintiffs from Offering Evidence of Unrelated Domain Names and Websites filed by eNom, Incorporated. Follow up on Objection on 10/30/2008. (Dunning, Jeffrey) (Entered: 10/10/2008)
10/10/2008 37 MOTION in Limine to Exclude Unauthenticated Screenshots filed by eNom, Incorporated. Follow up on Objection on 10/30/2008. (Attachments: # 1 Exhibit 1 (First Half), # 2 Exhibit 1 (Second Half), # 3 Exhibit 2)(Dunning, Jeffrey) (Entered: 10/10/2008)
10/10/2008 36 MOTION in Limine to Preclude Plaintiffs from Offering Evidence of UDRP Proceedings filed by eNom, Incorporated. Follow up on Objection on 10/30/2008. (Dunning, Jeffrey) (Entered: 10/10/2008)
10/10/2008 35 Proposed Voir Dire Requests by eNom, Incorporated. (Dunning, Jeffrey) (Entered: 10/10/2008)
10/9/2008 34 Addendum/Corrected Exhibit B to Motion for Leave to File Amended Complaint to 33 MOTION to Amend 1 Complaint,, MOTION to Amend 1 Complaint,, MOTION to Amend 1 Complaint,, MOTION to Amend 1 Complaint,, by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/09/2008)
10/9/2008 33 MOTION to Amend 1 Complaint,, filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 10/27/2008. (Attachments: # 1 Exhibit A - Redlined Proposed First Amended Complaint, # 2 Exhibit B - Clean Proposed First Amended Complaint, # 3 Memorandum of Law in Support of Plaintiffs' Motion for Leave to Amend Complaint, # 4 Exhibit A to Memorandum of Law - philbrickssports.net screenshots, # 5 Exhibit B to Memorandum of Law - October 11, 2007 e-mail, # 6 Exhibit C to Memorandum of Law - October 12, 2007 e-mail, # 7 Civil Cover Sheet D to Memorandum of Law - Washington Complaint, # 8 Exhibit E to Memorandum of Law - March 5, 2008 e-mail, # 9 Exhibit F to Memorandum of Law - Plaintiff's Responses to Interrogatories, # 10 Exhibit G to Memorandum of Law - Plaintiffs' Second Request for Production, # 11 Exhibit H to Memorandum of Law - eNom's Second Request for Production)(Fitzgerald, Kevin) (Entered: 10/09/2008)
10/8/2008 32 MOTION to Compel Responses to Discovery Requests filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 10/27/2008. (Attachments: # 1 Memorandum of Law, # 2 Exhibit A eNom's Responses to Production, # 3 Exhibit B eNom's Responses to Admissions, # 4 Exhibit C eNom's Answers to Interrogatories, # 5 Exhibit D Communications Between Parties, # 6 Exhibit E eNom's Privilege Log)(Fitzgerald, Kevin) (Entered: 10/08/2008)
10/6/2008 Minute Entry for proceedings held before Judge Joseph N. Laplante. TELEPHONE CONFERENCE held on 10/6/2008. (Pltfs Atty: Courtney Brooks, Kevin Fitzgerald) (Defts Atty: Steve Gordon, Jeffrey Dunning, Paul McGrady)(Total Hearing Time: 20 mins) (cmp) (Entered: 10/06/2008)
10/6/2008 ENDORSED ORDER granting in part 25 Motion to Extend Time to file pretrial statements. Text of Order: Granted in part, based on today's telephone conference. Deadline is now Oct. 10, 2008. Dispositive motions due Oct. 17, 2008; objections thereto due Oct. 27, 2008. Plaintiff's motion to amend due Oct. 9, 2008; objection thereto due Oct. 16, 2008. So Ordered by Judge Joseph N. Laplante. (cmp) (Entered: 10/06/2008)
10/2/2008 NOTICE of Hearing. Telephone Conference set for 10/6/2008 01:00 PM re upcoming trial before Judge Joseph N. Laplante. The court will initiate the call. (dae) (Entered: 10/02/2008)
10/1/2008 31 Pretrial Statement filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/01/2008)
10/1/2008 30 Proposed Jury Instructions by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/01/2008)
10/1/2008 29 Proposed Voir Dire by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/01/2008)
10/1/2008 28 MOTION in Limine to Preclude Defendant from Offering Evidence of Other Trademarks filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 10/20/2008. (Attachments: # 1 Exhibit A Philbrick Deposition Excerpts)(Fitzgerald, Kevin) (Entered: 10/01/2008)
10/1/2008 27 MOTION to Take Judicial Notice of WIPO and NAF Decisions filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 10/20/2008. (Attachments: # 1 Exhibit A WIPO Decision, # 2 Exhibit B WIPO Decision, # 3 Exhibit C WIPO Decision, # 4 Exhibit D NAF Decision, # 5 Exhibit E NAF Decision, # 6 Exhibit F NAF Decision)(Fitzgerald, Kevin) (Entered: 10/01/2008)
10/1/2008 26 MOTION in Limine to Preclude Defendant from Offering Evidence of Plaintiff's Political Activities filed by Daniel J. Philbrick, Dover Sports, Inc.. Follow up on Objection on 10/20/2008. (Fitzgerald, Kevin) (Entered: 10/01/2008)
9/30/2008 25 Assented to MOTION to Extend Time to For the Date for Filing Pretrial Statements for An Additional 14 Days filed by eNom, Incorporated. (Gordon, Steven) (Entered: 09/30/2008)
9/11/2008 24 NOTICE of Related Case by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Exhibit A - Complaint filed in Washington Action, # 2 Exhibit B - e-mail Correspondence and eNom's Proposed Motion, # 3 Exhibit C - E-mail Correspondence)(Fitzgerald, Kevin) (Entered: 09/11/2008)
9/10/2008 ENDORSED ORDER denying 21 Motion for Protective Order to Preclude Plaintiffs from Taking the Deposition of Michael Blend. Text of Order: Denied for, inter alia, the reasons set forth in the plaintiff's objection. The defendant will make Mr. Blend available for a deposition at a reasonable time, and at a reasonable location of the defendant's choosing. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 09/10/2008)
9/9/2008 Oral Notice of Intent to Reply to Objection to 21 MOTION for Protective Order to Preclude Plaintiffs From Taking the Deposition of Michael Blend. Follow up on Reply on 9/22/2008. (dae) (Entered: 09/09/2008)
9/5/2008 23 OBJECTION to 21 MOTION for Protective Order to Preclude Plaintiffs From Taking the Deposition of Michael Blend filed by Daniel J. Philbrick, Dover Sports, Inc.. (Attachments: # 1 Exhibit A - Nevada Secretary of State Report, # 2 Exhibit B - Dunn & Bradstreet Report, # 3 Exhibit C - ENom ICANNWiki Printout)(Fitzgerald, Kevin) (Entered: 09/05/2008)
9/3/2008 ENDORSED ORDER granting 22 Motion to Continue and Extend Deadlines Discovery and Disposition Motions Deadlines. Text of Order: Granted. The court requests only that, in the future, counsel make an effort to comply with Local Rule 7.2(a). Compliance with that rule facilitates the court's expeditious ruling on motions to extend time, as it eliminates the need for the court to review the docket and schedule for potentially conflicting hearing, conference, or trial dates. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 09/03/2008)
8/29/2008 22 Assented to MOTION to Continue and Extend Deadlines Discovery and Disposition Motions Deadlines filed by Dover Sports, Inc.. (Attachments: # 1 Exhibit Correspondence)(Fitzgerald, Kevin) (Entered: 08/29/2008)
8/19/2008 21 MOTION for Protective Order to Preclude Plaintiffs From Taking the Deposition of Michael Blend filed by eNom, Incorporated. Follow up on Objection on 9/8/2008. (Attachments: # 1 Memorandum of Law in Support of Motion for Protective Order, # 2 Exhibit 1-Declaration of M. Blend, # 3 Exhibit 2-Notice of Depo-M. Blend, # 4 Exhibit 3-Dunning ltr to Attorney Brooks, # 5 Exhibit 4-Emails, # 6 Exhibit 5-Emails, # 7 Exhibit 6-Notice of 30(b)(6) Depo-eNom)(Gordon, Steven) (Entered: 08/19/2008)
7/31/2008 ENDORSED ORDER Approving 19 Stipulation re: Proposed Protective Order Regarding Confidentiality. Text of Order: Approved as drafted. So Ordered by Judge Joseph N. Laplante. (cmp) (Entered: 08/01/2008)
7/31/2008 ENDORSED ORDER granting 20 Motion to Extend Time of Dispositive Motions Deadline to September 6, 2008. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 07/31/2008)
7/30/2008 20 Joint Assented to MOTION to Extend Time to of Dispositive Motions Deadline filed by eNom, Incorporated. (Gordon, Steven) (Entered: 07/30/2008)
7/30/2008 19 JOINT STIPULATION re: Proposed Protective Order Regarding Confidentiality by Daniel J. Philbrick, Dover Sports, Inc. and eNom (Fitzgerald, Kevin) Modified on 7/30/2008 to add: (cmp). (Entered: 07/30/2008)
5/16/2008 ENDORSED ORDER granting 18 Motion for Correction to Substitute Declarations of Jeffrey Dunning, Esquire, Paul McGrady, Esquire and Jason Elster, Esquire Motion for Counsel to Appear Pro Hac Vice. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (jb) (Entered: 05/16/2008)
5/13/2008 18 Assented to MOTION To Correction to Substitute Declarations of Jeffrey Dunning, Esquire, Paul McGrady, Esquire and Jason Elster, Esquire Motion for Counsel to Appear Pro Hac Vice filed by eNom, Incorporated. (Gordon, Steven) (Entered: 05/13/2008)
4/16/2008 ENDORSED ORDER granting 15 Motion to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Jason B. Elster submits an ECF registration form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 5/5/2008. (jb) (Entered: 04/16/2008)
4/16/2008 ENDORSED ORDER granting 14 Motion to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Paul D. McGrady, Jr. submits an ECF registration form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 5/5/2008. (jb) (Entered: 04/16/2008)
4/16/2008 ENDORSED ORDER granting 13 Motion to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Jeffrey P. Dunning submits an ECF registration form within 10 days. So Ordered by Judge Joseph N. Laplante. Notice of Compliance Deadline set for 5/5/2008. (jb) (Entered: 04/16/2008)
4/15/2008 17 NOTICE for Ambika Doran to Withdraw as Attorney filed by eNom, Incorporated. Follow up on Objection on 5/2/2008. (Gordon, Steven) Modified on 4/16/2008 to add: NOTICE(cmp). (Entered: 04/15/2008)
4/15/2008 16 NOTICE for Randal L. Gainer to Withdraw as Attorney filed by eNom, Incorporated. Follow up on Objection on 5/2/2008. (Gordon, Steven) Modified on 4/16/2008 to add: NOTICE(cmp). (Entered: 04/15/2008)
4/15/2008 15 Assented to MOTION for Jason B. Elster to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000392978.) filed by eNom, Incorporated. (Attachments: # 1 Exhibit (Affidavit) Declaration of Jason B. Elster)(Gordon, Steven) (Entered: 04/15/2008)
4/15/2008 14 Assented to MOTION for Paul D. McGrady, Jr. to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000392975.) filed by eNom, Incorporated. (Attachments: # 1 Exhibit (Affidavit) Declaration of Paul D. McGrady, Jr.)(Gordon, Steven) (Entered: 04/15/2008)
4/15/2008 13 Assented to MOTION for Jeffrey P. Dunning to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 01020000000000392965.) filed by eNom, Incorporated. (Attachments: # 1 Exhibit (Affidavit) Declaration of Jeffrey P. Dunning)(Gordon, Steven) (Entered: 04/15/2008)
2/7/2008 TRIAL NOTICE. TRIAL RESCHEDULED BEFORE JUDGE LAPLANTE: LR 16.2(d) Objections due 10/17/08. Pretrial Statements due 10/1/2008. Final Pretrial Conference set for 10/22/2008 10:30 AM before Judge Joseph N. Laplante. Jury Trial set for two-week period beginning 11/4/2008 09:30 AM before Judge Joseph N. Laplante. (cmp) (Entered: 02/07/2008)
2/7/2008 Case reassigned to Judge Joseph N. Laplante. Reason for Reassignment: Pursuant to Standing Order dated 1/7/2008. The new case designation is: 07-cv-215-JL. Please show this number with the correct judge designation on all further pleadings. (dae) (Entered: 02/07/2008)
10/26/2007 TRIAL NOTICE: LR 16.2(d) Objections due 10/17/08.. Jury Trial set for two-week period beginning 11/4/2008 09:30 AM before Judge Paul J. Barbadoro., Final Pretrial Conference set for 10/22/2008 02:00 PM before Judge Paul J. Barbadoro., Pretrial Statements due 10/3/2008. (mm) (Entered: 10/26/2007)
10/25/2007 12 Amended Proposed Discovery Plan (mm) (Entered: 10/26/2007)
10/25/2007 ENDORSED ORDER granting 11 Motion to Amend 10 Discovery Plan ; approving 12 Discovery Plan. Length of Trial 5-7 days. Case Track: Standard. PRETRIAL CONFERENCE CANCELLED. Text of Order: Granted. The parties' plan is approved and adopted as the scheduling order. Trial 11/4/08 So Ordered by Judge James R. Muirhead.Summary Judgment Motions due by 8/7/2008. (mm) (Entered: 10/26/2007)
10/24/2007 11 Assented to MOTION to Amend 10 Proposed Discovery Plan (Joint) filed by Daniel J. Philbrick, Dover Sports, Inc.. filed by eNom, Incorporated. (Attachments: # 1 Exhibit Amended Discovery Plan)(Gordon, Steven) (Entered: 10/24/2007)
10/19/2007 10 Proposed Discovery Plan (Joint) filed by Daniel J. Philbrick, Dover Sports, Inc.. (Fitzgerald, Kevin) (Entered: 10/19/2007)
9/28/2007 NOTICE OF PRETRIAL CONFERENCE. Pretrial Conference set for 10/29/2007 10:00 AM before Magistrate Judge James R. Muirhead. Follow up on Discovery Plan 10/22/2007. Please note pursuant to Title 28 USC 636(c) and Local Rule 73.1, the parties may consent to have the case reassigned to Magistrate Judge Muirhead, but are free to withhold consent without adverse consequences.(kad) (Entered: 09/28/2007)
9/19/2007 9 Disclosure Statement by eNom, Incorporated disclosing parent companies, and no merger agreement (Gordon, Steven) (Entered: 09/19/2007)
9/18/2007 8 ANSWER to Complaint filed by eNom, Incorporated. (Gordon, Steven) (Entered: 09/18/2007)
9/17/2007 ENDORSED ORDER granting 7 Motion to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Ambika Doran submits an ECF registration form within ten days. So Ordered by Judge James R. Muirhead.Notice of Compliance Deadline set for 10/4/2007. (sls) (Entered: 09/17/2007)
9/17/2007 ENDORSED ORDER granting 6 Motion to Appear Pro Hac Vice. ECF Registration form sent to PHV attorney along with this order. Text of Order: Granted on the condition that Randal L. Gainer submits an ECF registration form within ten days. So Ordered by Judge James R. Muirhead.Notice of Compliance Deadline set for 10/4/2007. (sls) (Entered: 09/17/2007)
9/14/2007 7 Assented to MOTION for Ambika Doran to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 333279.) filed by eNom, Incorporated. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Ambika Doran)(Gordon, Steven) (Entered: 09/14/2007)
9/14/2007 6 Assented to MOTION for Randal L. Gainer to Appear Pro Hac Vice (Filing fee $ 100, Receipt # 333275.) filed by eNom, Incorporated. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Randal L. Gainer)(Gordon, Steven) (Entered: 09/14/2007)
8/16/2007 5 WAIVER OF SERVICE Returned Executed as to eNom, Incorporated by Daniel J. Philbrick, Dover Sports, Inc.. Served/mailed on 7/20/2007,Answer due by 9/21/2007. (Fitzgerald, Kevin) (Entered: 08/16/2007)
7/19/2007 4 NOTICE of Attorney Appearance by Courtney Quinn Brooks on behalf of Daniel J. Philbrick, Dover Sports, Inc. (Brooks, Courtney) (Entered: 07/19/2007)
7/19/2007 3 Summons Issued Electronically as to eNom, Incorporated. NOTICE: Counsel shall print and serve the summons and all attachments in accordance with Fed.R.Civ.P.4. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. (Attachments:, # 1 Notice ECF)(cmp) (Entered: 07/19/2007)
7/17/2007 2 Disclosure Statement by Daniel J. Philbrick, Dover Sports, Inc. disclosing no parent companies, and no merger agreement. (cmp) Modified on 7/19/2007 to add: filed on 7/17/07(cmp). (Entered: 07/19/2007)
7/17/2007 1 COMPLAINT against eNom, Incorporated with Jury Demand ( Filing fee $ 350 receipt number 318183) filed by Daniel J. Philbrick, Dover Sports, Inc. (Attachments: # 1 Exhibit A - NH App. for Renewal of Trade Name, # 2 Exhibit B - philbricksports.com registration information, # 3 Exhibit C - philbricksports.com home page, # 4 Exhibit D - Pornographic-adult content on philbricksports.com, # 5 Exhibit E - TRO entered in Strafford County lawsuit, # 6 Exhibit F - Preliminary Order entered in Strafford County lawsuit)(cmp) (Entered: 07/19/2007)
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