Peter Gallagher et al v. Lions Gate Entertainment Inc. et al
| California Central District Court | |
| Judge: | Otis D Wright, II |
| Referred: | Charles F Eick |
| Case #: | 2:15-cv-02739 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:501 Copyright Infringement |
| Case Filed: | Apr 13, 2015 |
| Terminated: | Sep 11, 2015 |
| Last checked: Saturday Oct 10, 2015 9:37 AM PDT |
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Defendant
Andrew Goddard
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Represented By
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Defendant
Lions Gate Entertainment Inc.
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Represented By
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Defendant
Lions Gate Films, Inc.
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Represented By
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Defendant
Mutant Enemy, Inc.
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Represented By
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Defendant
Joseph Whedon
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Represented By
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Defendant
Does
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Movant
Does
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Plaintiff
Peter Gallagher
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Represented By
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| 1. | Lawsuit filed by writer claims The Cabin in the Woods infringed copyright (theguardian.com) |
| Submitted Thu 04/16/2015 | |
| Docket last updated: 5 hours ago |
| Friday, April 29, 2016 | ||
| 36 | 36
1
pgs
appeal
USCA Memorandum/Opinion/Order
Mon 05/02 9:17 AM
ORDER from Ninth Circuit Court of Appeals filed re: Notice of Appeal to 9th Circuit Court of Appeals,33 filed by Peter Gallagher. CCA # 15-56588 This case is dismissed pursuant to Ninth Circuit Rule 42-1. A copy of this order sent to the district court shall act as and for the mandate of this court. Appellees' motion to dismiss for lack of prosecution is denied as moot. (mat) |
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| Tuesday, October 27, 2015 | ||
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10
pgs
order
Attorney Fees
Tue 10/27 4:33 PM
ORDER GRANTING ATTORNEYS FEES AND COSTS PURSUANT TO 17 U.S.C. 50529 29 by Judge Otis D. Wright, II: Defendants Lions Gate Entertainment Inc., Lions Gate Films Inc shall recover cost and fees in the amount of $47,290.38, inclusive of $2,021.06 in costs. (lc) .Modified on 10/27/2015 (lc) |
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| Wednesday, October 14, 2015 | ||
| 34 | 34
appeal
9th CCA Assigned Case Number Notice
Wed 10/14 2:22 PM
NOTIFICATION by Circuit Court of Appellate Docket Number 15-56588 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals,33 as to Plaintiff Peter Gallagher. (mat) |
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| Tuesday, October 13, 2015 | ||
| 33 | 33
appeal
Appeal to 9th Circuit Court of Appeals
Tue 10/13 5:16 PM
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by plaintiff Peter Gallagher. Appeal of Order on Motion to Dismiss Case,27 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-16608760.)(Matern, Matthew) |
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Att: 1
Exhibit 1
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| 32 | 32
testxtonly
Text Only Scheduling Notice
Tue 10/13 10:56 AM
SCHEDULING NOTICE by Judge Otis D. Wright, II: Defendant's Motion for Attorney Fees and Costs set for hearing on October 26, 2015 at 1:30 p.m. is hereby vacated. The motion is taken under submission. No appearances necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (pg) |
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| Friday, October 09, 2015 | ||
| 31 | 31
respm
Reply (Motion related)
Fri 10/09 5:17 PM
REPLY IN SUPPORT OF NOTICE OF MOTION AND MOTION for Attorney Fees and Costs Under 17 U.S.C. § 505 29 filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. (Rotstein, Robert) |
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| Friday, October 02, 2015 | ||
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respm
Objection/Opposition (Motion related)
Fri 10/02 8:42 PM
OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION for Attorney Fees and Costs Under 17 U.S.C. § 505 29 filed by Plaintiff Peter Gallagher.(Matern, Matthew) |
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Att: 1
Declaration of Peter Gallagher
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| Friday, September 25, 2015 | ||
| 29 | 29
motion
Attorney Fees
Fri 09/25 7:54 PM
NOTICE OF MOTION AND MOTION for Attorney Fees and Costs Under 17 U.S.C. § 505 filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. Motion set for hearing on 10/26/2015 at 01:30 PM before Judge Otis D. Wright II. (Rotstein, Robert) |
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Att: 1
Declaration of Elaine K. Kim (and Exhibits 1-7) in Support of Defendants' Motion for Attorney's Fees and Costs Under 17 U.S.C. § 505,
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Att: 2
Proposed Order Granting Defendants' Motion for Attorney's Fees and Costs Pursuant to 17 U.S.C. § 505
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| Friday, September 11, 2015 | ||
| 28 | 28
misc
Report of Determination of Copyright Action (CLOSE) (AO 121)
Fri 09/11 5:04 PM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) Mailed the report and a copy of the order granting defendants' motion to dismiss to Register of Copyrights, Copyright Office. (vv) |
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order
Dismiss Case
Fri 09/11 4:54 PM
ORDER GRANTING DEFENDANTS MOTION TO DISMISS by Judge Otis D. Wright, II: The Court has reviewed the works in question in their entirety and found they are not similar, thus, making proof of access a moot point and any amendment futile. Therefore, the Court GRANTS Defendants Motion to Dismiss with prejudice.18 (SEE DOCUMENT FOR FURTHER DETAILS) ( MD JS-6. Case Terminated ) (vv) |
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| Wednesday, June 24, 2015 | ||
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order
Dismiss Case
Wed 06/24 9:02 AM
MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: Hearing on MOTION to Dismiss Case18 scheduled for June 29, 2015 at 1:30 P.M., is hereby VACATED and taken off calendar. No appearances are necessary. The matter stands submitted, and will be decided upon without oral argument. An order will issue. (lc) |
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| Monday, June 15, 2015 | ||
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respm
Reply (Motion related)
Mon 06/15 7:42 PM
REPLY Defendants MOTION to Dismiss Case First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6) 18 filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. (Rotstein, Robert) |
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| Monday, June 08, 2015 | ||
| 24 | 24
respm
Objection/Opposition (Motion related)
Mon 06/08 11:57 PM
OPPOSITION in opposition to re: MOTION to Dismiss Case First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6) 18 filed by Plaintiff Peter Gallagher. (Matern, Matthew) |
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| Wednesday, June 03, 2015 | ||
| 23 | 23
notice
Clerical Error (G-11)
Wed 06/03 4:48 PM
NOTICE OF CLERICAL ERROR: Due to clerical error Incorrect G-114 form re sealed filing of CDs was replaced with G-114 form re filing of regular CDs Re: Exhibit 121 , Exhibit 222 to declaration of Elaine Kim. (lc) |
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| Tuesday, June 02, 2015 | ||
| 22 | 22
respm
Exhibit to Motion
Wed 06/03 12:26 PM
EXHIBIT 2 TO DECLARATION OF ELAINE K KIM IN SUPPORT OF MOTION to Dismiss Case First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6)18 filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. (lc) (Main Document 22 replaced on 6/3/2015) (lc) |
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| 21 | 21
respm
Exhibit to Motion
Wed 06/03 12:23 PM
EXHIBIT 1 TO DECLARATION OF ELAINE K KIM IN SUPPORT OF MOTION to Dismiss Case First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6) 18 filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. (lc) (Main Document 21 replaced on 6/3/2015) (lc) |
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| Monday, June 01, 2015 | ||
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notice
Appearance
Mon 06/01 3:14 PM
NOTICE of Appearance filed by attorney Elaine K Kim on behalf of Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon (Attorney Elaine K Kim added to party Andrew Goddard(pty:dft), Attorney Elaine K Kim added to party Lions Gate Entertainment Inc.(pty:dft), Attorney Elaine K Kim added to party Lions Gate Films, Inc.(pty:dft), Attorney Elaine K Kim added to party Mutant Enemy, Inc.(pty:dft), Attorney Elaine K Kim added to party Joseph Whedon(pty:dft))(Kim, Elaine) |
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| 19 | 19
misc
For Judicial Notice
Mon 06/01 2:55 PM
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6) 18 filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. (Rotstein, Robert) |
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| 18 | 18
motion
Dismiss Case
Mon 06/01 2:52 PM
NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6) filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. Motion set for hearing on 6/29/2015 at 01:30 PM before Judge Otis D. Wright II.(Rotstein, Robert) |
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Att: 1
Declaration of Elaine K. Kim in Support of Defendants' Request for Judicial Notice and Motion to Dismiss the First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6),
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Att: 2
Proposed Order Granting Defendants' Request for Judicial Notice and Motion to Dismiss the First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6)
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| 17 | 17
notice
Manual Filing (G-92)
Mon 06/01 2:08 PM
NOTICE of Manual Filing filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon of Exhibits 1 and 2 to the Declaration of Elaine K. Kim in Support of Defendants' Request for Judicial Notice and Motion to Dismiss the First Amended Complaint in its Entirety with Prejudice Pursuant to FRCP 12(b)(6).(Rotstein, Robert) |
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Att: 1
Proof of Service of Exhibits 1 and 2 to the Declaration of Elaine K. Kim
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| Tuesday, May 19, 2015 | ||
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testxtonly
Text Only Scheduling Notice
Tue 05/19 12:05 PM
ORDER by Judge Otis D. Wright, II: In light of Plaintiff's First Amended Complaint (ECF No. 15), Defendants' Motion to Dismiss (ECF No. 11) is DENIED as MOOT. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vv) |
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othcmp
Amended Complaint/Petition
Tue 05/19 8:16 AM
FIRST AMENDED COMPLAINT against Defendants Does, Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon amending Complaint (Attorney Civil Case Opening)1 , filed by Plaintiff Peter Gallagher (Matern, Matthew) |
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| Monday, May 18, 2015 | ||
| 14 | 14
misc
Corporate Disclosure Statement
Mon 05/18 2:30 PM
CORPORATE DISCLOSURE STATEMENT AND NOTICE OF INTERESTED PARTIES filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon identifying Defendants as Corporate Parent. (Rotstein, Robert) |
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| 13 | 13
misc
For Judicial Notice
Mon 05/18 2:27 PM
REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case IN ITS ENTIRETY WITH PREJUDICE 11 filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. (Rotstein, Robert) |
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| 12 | 12
notice
Manual Filing (G-92)
Mon 05/18 2:18 PM
NOTICE of Manual Filing filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon of Defendants. (Rotstein, Robert) |
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| 11 | 11
motion
Dismiss Case
Mon 05/18 2:16 PM
NOTICE OF MOTION AND MOTION to Dismiss Case IN ITS ENTIRETY WITH PREJUDICE filed by Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. Motion set for hearing on 6/15/2015 at 01:30 PM before Judge Otis D. Wright II.(Attorney Robert H Rotstein added to party Andrew Goddard(pty:dft), Attorney Robert H Rotstein added to party Lions Gate Entertainment Inc.(pty:dft), Attorney Robert H Rotstein added to party Lions Gate Films, Inc.(pty:dft), Attorney Robert H Rotstein added to party Mutant Enemy, Inc.(pty:dft), Attorney Robert H Rotstein added to party Joseph Whedon(pty:dft))(Rotstein, Robert) |
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Att: 1
Declaration of Elaine K. Kim,
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Att: 2
Proof of Service,
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Att: 3
Proposed Order Granting Motion to Dismiss and Request for Judicial Notice
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| Tuesday, April 21, 2015 | ||
| 10 | 10
misc
Report on Filing of Copyright Action (Initial Notification) (AO-121)
Tue 04/21 4:50 PM
REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Peter Gallagher. (Matern, Matthew) |
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| Wednesday, April 15, 2015 | ||
| 9 | 9
order
Minutes of In Chambers Order/Directive - no proceeding held
Wed 04/15 10:21 AM
MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. SEE DOCUMENT FOR SPECIFIC FILING REQUIREMENTS AND INFORMATION; AND REFER TO JUDGES PROCEDURES AND SCHEDULES FOR DETAILED INSTRUCTIONS RE SUBMISSION OF SEALED DOCUMENTS, EXCLUDING THOSE SUBMITTED BY PRO SE PARTIES AND IN CAMERA FILINGS). (lc) |
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| Tuesday, April 14, 2015 | ||
| 8 | 8
notice
Copyright/Patent/Trademark (CV-31) (Notice to Counsel) - optional html form
Tue 04/14 10:23 AM
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. (et) |
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| 7 | 7
service
Summons Issued (Attorney Civil Case Opening)
Tue 04/14 10:19 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendants Andrew Goddard, Lions Gate Entertainment Inc., Lions Gate Films, Inc., Mutant Enemy, Inc., Joseph Whedon. (et) |
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adr
Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form
Tue 04/14 10:18 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) |
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| 5 | 5
notice
Notice of Assignment to United States Judges (CV-18) - optional html form
Tue 04/14 10:17 AM
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Charles F. Eick. (et) |
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| Monday, April 13, 2015 | ||
| 4 | 4
notice
Summons Request
Mon 04/13 11:55 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Peter Gallagher. (Matern, Matthew) |
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| 3 | 3
notice
Certificate/Notice of Interested Parties
Mon 04/13 11:52 PM
NOTICE of Interested Parties filed by Plaintiff Peter Gallagher, (Matern, Matthew) |
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| 2 | 2
misc
Civil Cover Sheet (CV-71)
Mon 04/13 11:49 PM
CIVIL COVER SHEET filed by Plaintiff Peter Gallagher. (Matern, Matthew) |
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| 1 | 1
18
pgs
cmp
Complaint (Attorney Civil Case Opening)
Mon 04/13 11:44 PM
COMPLAINT Receipt No: 0973-15537021 - Fee: $400, filed by Plaintiff Peter Gallagher. (Attorney Matthew John Matern added to party Peter Gallagher(pty:pla))(Matern, Matthew) |
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