Washington Western District Court
Judge:Kymberly K Evanson
Case #: 2:23-cv-01586
Nature of Suit190 Contract - Other Contract
Cause17:501 Copyright Infringement
Case Filed:Oct 17, 2023
Last checked: Sunday Apr 14, 2024 3:13 AM PDT
Defendant
M.Z.
Plaintiff
Rec Room Inc
Represented By
Brian William Esler
Miller Nash Llp (sea)
contact info
Lorien Giles
Miller Nash Llp (sea)
contact info
Michael David Dunford
Kamerman Uncyk Soniker & Klein Pc (ny)
contact info
Akiva M Cohen
Kamerman Uncyk Soniker & Klein Pc (ny)
contact info
Dylan M Schmeyer
Kamerman Uncyk Soniker & Klein Pc (ny)
contact info


Docket last updated: 05/13/2025 11:59 PM PDT
Tuesday, May 06, 2025
45 45 order KKE Order Re Chambers Procedures CV (FORM) Tue 05/06 9:52 AM
ORDER REGARDING CHAMBERS PROCEDURES IN CIVIL CASES Chambers by District Judge Kymberly K. Evanson. (DS)
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Thursday, April 10, 2025
44 44 4 pgs order Order on Stipulated Motion ~Util - Terminate Deadlines/Hearings ~Util - Set/Reset Deadlines/Hearings Thu 04/10 10:43 AM
ORDER granting Parties'43 Unopposed Joint Motion to Stay Proceedings. The case schedule is VACATED. Dkt. No.37 . At request of the parties, the deadline for the close of discovery is set for 7/25/2025. The parties shall file a joint status report by 5/15/2025 setting forth the case status and recommendations on future deadlines, if any. Signed by District Judge Kymberly K. Evanson. (KRA)
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Wednesday, April 09, 2025
43 43 motion Stipulated Motion Wed 04/09 9:08 PM
Joint Stipulated MOTION TO STAY PROCEEDINGS , filed by Plaintiff Rec Room Inc. Noting Date 4/9/2025, (Esler, Brian)
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Wednesday, January 15, 2025
42 42 notice Notice of Unavailability Wed 01/15 12:25 PM
NOTICE of Unavailability of counsel Jonah O. Harrison for Defendant M.Z. from February 14, 2025 to February 23, 2025. (Harrison, Jonah)
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Thursday, December 26, 2024
41 41 1 pgs order Order on Stipulated Motion ~Util - Set/Reset Deadlines/Hearings Thu 12/26 4:39 PM
ORDER granting Parties'40 Stipulated Motion to Extend Deadlines for Joining Additional Parties and Amended Pleadings. Amended Pleadings due by 1/27/2025, Joinder of Parties due by 1/27/2025. Signed by District Judge Kymberly K. Evanson. (SB)
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Monday, December 23, 2024
40 40 motion Stipulated Motion Mon 12/23 10:54 AM
Stipulated MOTION to Extend Deadlines for Joining Additional Parties and Amended Pleadings , filed by Defendant M.Z.. Noting Date 12/23/2024, (Ashbaugh, Denise)
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Att: 1 Proposed Order
Wednesday, October 30, 2024
39 39 notice Notice of Unavailability Wed 10/30 11:11 AM
NOTICE of Unavailability of counsel Denise L Ashbaugh for Defendant M.Z. from December 16, 2024 to January 2, 2025. (Ashbaugh, Denise)
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Thursday, September 19, 2024
38 38 notice Notice of Change of Address/Change of Name Thu 09/19 12:48 PM
NOTICE of Change of Address/Change of Name of Attorney Denise L Ashbaugh. Filed by Defendant M.Z.. (Ashbaugh, Denise)
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Tuesday, September 10, 2024
37 37 order KKE Order Setting and Amending Trial Date and Related Dates (FORM) Tue 09/10 10:54 AM
ORDER SETTING TRIAL DATE AND RELATED DATES Signed by District Judge Kymberly K. Evanson. Length of Trial: *7 days*. Jury Trial is set for 10/14/2025 at 09:30 AM before District Judge Kymberly K. Evanson. Joinder of Parties due by 1/6/2025, Amended Pleadings due by 1/6/2025, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 3/18/2025, Discovery Motions due by 4/17/2025, Discovery completed by 5/19/2025, Dispositive motions due by 6/16/2025, Attorney settlement conference to be held by 8/15/2025, Motions in Limine due by 9/9/2025, Proposed jury instructions due by 9/23/2025, Pretrial Order due by 9/23/2025, Trial briefs to be submitted by 9/30/2025, Proposed voir dire questions due by 9/30/2025, Deposition Designations due by 9/30/2025, Pretrial Conference set for 10/6/2025 at 10:00 AM before District Judge Kymberly K. Evanson. (DS)
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Monday, September 09, 2024
36 36 misc Joint Status Report Mon 09/09 3:15 PM
JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 7. (Esler, Brian)
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Wednesday, July 31, 2024
35 35 notice Notice of Appearance Wed 07/31 11:19 AM
NOTICE of Appearance by attorney Denise L Ashbaugh on behalf of Defendant M.Z.. (Ashbaugh, Denise)
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Monday, July 29, 2024
34 34 order Joint Status Report Order Form for District Judges Mon 07/29 10:40 AM
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Signed by District Judge Kymberly K. Evanson. FRCP 26(f) Conference Deadline is 8/19/2024, Initial Disclosure Deadline is 9/3/2024, Joint Status Report due by 9/9/2024. (DS)
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utility Add and Terminate Attorneys Mon 07/29 10:26 AM
Attorneys Denise L Ashbaugh, Jeremy E Roller, Jonah O. Harrison added for M.Z., per33 Order Appointing Counsel. (SB)
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Friday, July 26, 2024
33 33 order 1 - Order Fri 07/26 1:13 PM
ORDER Appointing Counsel. The Court now appoints attorneys Denise Ashbaugh, Jeremy Roller, and Jonah Harrison to represent Defendant in this matter. Counsel are directed to file Notices of Appearance within seven (7) calendar days. An order resetting the initial case deadlines will follow. Signed by District Judge Kymberly K. Evanson. (SB) (cc: Defendant Plaintiff via USPS, counsel via ad hoc NEF) Modified on 7/26/2024 (SB)
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Monday, June 10, 2024
32 32 notice Notice of Appearance Mon 06/10 2:51 PM
NOTICE of Appearance by attorney Lane Conrad on behalf of Plaintiff Rec Room Inc. (Conrad, Lane)
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31 31 notice Notice of Appearance Mon 06/10 1:55 PM
NOTICE of Appearance by attorney Nicholas H Hesterberg on behalf of Plaintiff Rec Room Inc. (Hesterberg, Nicholas)
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Monday, June 03, 2024
30 30 order 1 - Order ~Util - Terminate Deadlines/Hearings Mon 06/03 1:07 PM
ORDER Referring Case to Pro Bono Panel. The Court DIRECTS the Western District of Washington's Pro Bono Coordinator to identify an attorney(s) or law firm from the Pro Bono Panel to represent Defendant for all further proceedings, should he consent once Pro Bono counsel has contacted him. All pending deadlines are STAYED pending the appointment of counsel. Signed by District Judge Kymberly K. Evanson. (SB) (cc: Defendant via USPS and email, Pro Bono Panel via NEF)
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Thursday, May 30, 2024
29 29 misc Response (non motion) Mon 06/03 12:48 PM
RESPONSE filed by Defendant M.Z. re28 Order. (SB)
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Monday, May 06, 2024
28 28 order 1 - Order ~Util - Set/Reset Deadlines/Hearings Mon 05/06 3:51 PM
ORDER: M.Z. has 30 days in which to obtain legal counsel to defend him in this action. By 6/5/2024 M.Z., through his representative, must file a status report with the Court identifying defense counsel or, if unsuccessful in obtaining counsel, a status report detailing the efforts taken to obtain counsel. Signed by District Judge Kymberly K. Evanson. (SS) (cc: Defendant via USPS and email)
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Wednesday, April 24, 2024
27 27 2 pgs order Order on Motion to Seal Wed 04/24 2:15 PM
ORDER granting Plaintiff's24 Motion to Seal. The Tewson declaration (Dkt. No.25 ) shall remain under seal until further order of this court. Signed by District Judge Kymberly K. Evanson. (SB)
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Friday, April 19, 2024
26 26 misc Declaration (non motion) Fri 04/19 1:39 PM
DECLARATION of Dylan Schmeyer re21 Response to Order to Show Cause by Plaintiff Rec Room Inc (Esler, Brian)
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25 25 sealdoc Sealed Document Fri 04/19 11:07 AM
SEALED DOCUMENT by Plaintiff Rec Room Inc re24 MOTION to Seal Tewson Declaration (Esler, Brian)
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24 24 motion Seal Fri 04/19 11:05 AM
MOTION to Seal Tewson Declaration , filed by Plaintiff Rec Room Inc. Noting Date 5/10/2024, (Esler, Brian)
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Att: 1 Proposed Order
23 23 misc Declaration (non motion) Fri 04/19 11:01 AM
SEALED DECLARATION of Dylan Schmeyer re21 Response to Order to Show Cause by Plaintiff Rec Room Inc (Esler, Brian) Modified to administratively seal due to personal identifiers on 4/19/2024 (LH)
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22 22 misc Declaration (non motion) Fri 04/19 11:00 AM
SEALED DECLARATION of Don McGowan re21 Response to Order to Show Cause by Plaintiff Rec Room Inc (Esler, Brian) Modified to administratively seal due to personal identifiers on 4/19/2024. Unsealed on 4/18/2024 - incorrect filing was sealed; the Declaration of McGowan remains publicly available (LH)
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21 21 misc Response to Order to Show Cause Fri 04/19 10:58 AM
RESPONSE TO ORDER TO SHOW CAUSE by Plaintiff Rec Room Inc re:20 Order to Show Cause,, Terminate Deadlines and Hearings,(Esler, Brian)
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Att: 1 Proposed Order
utility Notice of Docket Text Modification Fri 04/19 12:42 PM
DISREGARD NOTICE of Docket Text Modification re 22 Declaration: This filing has been administratively sealed due to the presence of personal identifiers. (LH) Modified on 4/19/2024 (LH)
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utility Notice of Docket Text Modification Fri 04/19 1:21 PM
CORRECTED NOTICE of Docket Text Modification. The Declaration of Don McGowan at Dkt.22 was previously administratively sealed in error by the clerk and is now unsealed. The Declaration of Dylan Schmeyer at Dkt.23 has been administratively sealed due to the presence of personal identifiers. (LH)
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Monday, April 01, 2024
20 20 1 pgs order Order to Show Cause ~Util - Terminate Deadlines/Hearings Mon 04/01 12:15 PM
ORDER TO SHOW CAUSE. By no later than 4/19/2024, the Court ORDERS Plaintiff to explain under what authority M.Z. has the capacity to be sued consistent with Federal Rule of Civil Procedure 17(b)(1) and whether the Court must appoint a guardian ad litem under Federal Rule of Civil Procedure 17(c)(2). The Court STAYS all other deadlines (Dkt. No18 ) in this matter pending Plaintiff's response. Signed by District Judge Kymberly K. Evanson. (SB)
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Monday, March 18, 2024
19 19 5 pgs answer Answer to Complaint Mon 03/18 4:48 PM
ANSWER to1 Complaint, filed by Defendant M.Z. (SB)
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Monday, February 12, 2024
18 18 order Joint Status Report Order Form for District Judges Mon 02/12 10:21 AM
MINUTE ORDER: At Plaintiff's request, an extension of time for the initial scheduling deadlines is granted. FRCP 26(f) Conference Deadline is 3/29/2024, Initial Disclosure Deadline is 4/12/2024, Joint Status Report due by 4/19/2024. Authorized by District Judge Kymberly K. Evanson. (DS)
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Tuesday, January 23, 2024
17 17 order Joint Status Report Order Form for District Judges Tue 01/23 9:29 AM
ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Signed by District Judge Kymberly K. Evanson. FRCP 26(f) Conference Deadline is 2/13/2024, Initial Disclosure Deadline is 2/27/2024, Joint Status Report due by 3/5/2024, (DS)
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Thursday, January 11, 2024
16 16 service Affidavit of Service of Summons & Complaint Thu 01/11 4:33 PM
AFFIDAVIT of Service of Summons and Complaint on on 10/28/2023, filed by Plaintiff Rec Room Inc. (Esler, Brian)
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utility Notice of Docket Text Modification Thu 01/11 4:07 PM
NOTICE of Docket Text Modification re 15 Affidavit of Service of Summons and Complaint: administratively sealed by court, per counsel request. (KRA)
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Wednesday, October 25, 2023
14 14 order Order on Application for Leave to Appear Pro Hac Vice Wed 10/25 9:54 AM
ORDER re9 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Dylan M Schmeyer for Plaintiff Rec Room Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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13 13 order Order on Application for Leave to Appear Pro Hac Vice Wed 10/25 9:52 AM
ORDER re8 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Michael David Dunford for Plaintiff Rec Room Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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12 12 order Order on Application for Leave to Appear Pro Hac Vice Wed 10/25 9:50 AM
ORDER re7 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Akiva M Cohen for Plaintiff Rec Room Inc by Clerk Ravi Subramanian. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (JWC)
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Tuesday, October 24, 2023
9 9 misc Application for Leave to Appear Pro Hac Vice Tue 10/24 3:10 PM
APPLICATION OF ATTORNEY Dylan M. Schmeyer FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Rec Room Inc (Fee Paid) Receipt No. AWAWDC-8213991 (Esler, Brian)
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8 8 misc Application for Leave to Appear Pro Hac Vice Tue 10/24 3:07 PM
APPLICATION OF ATTORNEY Michael David Dunford FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Rec Room Inc (Fee Paid) Receipt No. AWAWDC-8213979 (Esler, Brian)
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7 7 misc Application for Leave to Appear Pro Hac Vice Tue 10/24 3:05 PM
APPLICATION OF ATTORNEY Akiva M. Cohen FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiff Rec Room Inc (Fee Paid) Receipt No. AWAWDC-8213958 (Esler, Brian)
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Friday, October 20, 2023
6 6 utility Report Regarding Patent/Trademark/Copyright Fri 10/20 1:30 PM
REPORT on the filing or determination of an action. Mailed to the US Copyright Office. (RE)
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Thursday, October 19, 2023
5 5 notice Notice of Appearance Thu 10/19 3:53 PM
NOTICE of Appearance by attorney Lorien Giles on behalf of Plaintiff Rec Room Inc. (Giles, Lorien)
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4 4 order KKE Standing Order re 28 USC 455 (FORM) Thu 10/19 12:23 PM
STANDING ORDER REGARDING 28 U.S.C. § 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by District Judge Kymberly K. Evanson. (DS)
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3 3 utility Case/IFP Deficiency Letter Thu 10/19 12:05 PM
Notice of Filing Deficiency ***Action Required*** Improper Signature - Secondary Attorney(s), Copyright/Patent/Trademark Forms Omitted. See attached letter for more information and instructions. (RE)
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utility Add and Terminate Judges Thu 10/19 11:50 AM
District Judge Kymberly K. Evanson added. (RE)
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Tuesday, October 17, 2023
2 2 discov Corporate/Diversity Disclosure Statement Tue 10/17 2:03 PM
CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Rec Room, Inc.. (Esler, Brian)
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1 1 37 pgs cmp Complaint Tue 10/17 1:58 PM
COMPLAINT against defendant(s) M.Z. Related [+] Attorney Brian William Esler added to party Rec Room, Inc.(pty:pla) filed by Rec Room, Inc..(Esler, Brian)
Related: [-] ceipt # AWAWDC-8204369
Att: 1 Civil Cover Sheet