Microsoft Corporation v. Softwareau.com et al

California Central District Court
Judge:Andre Birotte Jr
Referred: John E Mcdermott
Case #: 2:15-cv-08019
Nature of Suit820 Property Rights - Copyrights
Cause17:501 Copyright Infringement
Case Filed:Oct 13, 2015
Terminated:Jun 22, 2016
Last checked: Sunday Apr 10, 2016 1:20 AM PDT
Defendant
Does
Defendant
Softwareau.com
Plaintiff
Microsoft Corporation
Represented By
Audra M Mori
Perkins Coie LLP
contact info
Katherine M Dugdale
Perkins Coie LLP
contact info


Docket last updated: 04/24/2024 11:59 PM PDT
Wednesday, June 22, 2016
26 26 misc Report of Determination of Patent/Trademark Action (CLOSE) (AO 120) Wed 06/22 1:44 PM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Patent or Trademark. (Closing) (gk)
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Att: 1 Default Judgment,
Att: 2 Permanent Injunction
25 25 misc Report of Determination of Copyright Action (CLOSE) (AO 121) Wed 06/22 1:43 PM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) Mailed copies to the Register of Copyrights. (gk)
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Att: 1 4 pgs Default Judgment,
Att: 2 Permanent Injunction
24 24 judgmentCV Judgment - Default by Judge Wed 06/22 1:41 PM
DEFAULT JUDGMENT by Judge Andre Birotte Jr.: This Court contemporaneously issues a separate permanent injunction. Plaintiff Microsoft Corporation is awarded $270,000 in statutory damages against Defendant under the Copyright Act. Microsoft is awarded $1,500,000 in statutory damages against Defendant under the Lanham Act. Microsoft is awarded $39,000 in attorneys' fees and costs. The total judgment against Defendant is $1,809,000. This judgment shall accrue interest, compounded annually, pursuant to 28 U.S.C. Section 1961. ( MD JS-6. Case Terminated ) (gk)
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23 23 judgmentCV Permanent Injunction Wed 06/22 1:35 PM
PERMANENT INJUNCTION AGAINST DEFENDANT by Judge Andre Birotte Jr.: IT IS HEREBY ORDERED that Defendant Softwareau.com and its agents, servants, employees, representatives, successors and assigns, and all those acting in concert or participation with it shall be, and hereby are, PERMANENTLY ENJOINED and restrained re Plaintiff's registered trademarks and copyrights, including the unauthorized distribution of their software. See document for details. (gk)
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22 22 order Default Judgment Wed 06/22 1:25 PM
MINUTES (IN CHAMBERS) Order GRANTING Plaintiff's Motion for Default Judgment and Permanent Injunction by Judge Andre Birotte Jr.: Plaintiff's motion for entry of default judgment19 is GRANTED. Defendant is PERMANENTLY ENJOINED from infringing on Plaintiff's property and from distributing Microsoft software without Plaintiff's authorization as more fully set forth in the Court's separately filed Permanent Injunction Against Defendant. The Court also AWARDS STATUTORY DAMAGES in the amount of $1,770,000 (17 U.S.C. Section 504(c)) and AWARDS ATTORNEYS' FEES AND COSTS in the amount of $39,000 (17 U.S.C. Section 505) as more fully set forth in the Court's separately filed Final Judgment. Court Reporter: N/A. (gk)
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Friday, April 22, 2016
21 21 testxtonly Text Only Scheduling Notice Fri 04/22 2:25 PM
(IN CHAMBERS) ORDER TAKING PLAINTIFF'S MOTION FOR DEFAULT JUDGMENT AGAINST DEFENDANT SOFTWAREAU.COM (DKT.19 ) UNDER SUBMISSION by Judge Andre Birotte Jr.: The Court has considered the matters raised with respect to the Motion and has concluded that pursuant to Local Rule 7.15, the matter can be decided without oral argument. The Court advises counsel that the Motion, noticed for hearing on April 25, 2016, has been taken under submission and off its motion calendar. No appearance by counsel is necessary. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb)
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Tuesday, March 22, 2016
20 20 testxtonly Text Only Scheduling Notice Tue 03/22 9:18 AM
(IN CHAMBERS) ORDER DISCHARGING ORDER TO SHOW CAUSE. On March 8, 2016, the Court issued an Order to Show Cause why it should not dismiss this action for lack of prosecution. Plaintiff has filed a response to the Order to Show Cause re Lack of Prosecution on March 21, 2016. The Court deems that response satisfactory, and orders the Order to Show Cause discharged. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb)
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Monday, March 21, 2016
19 19 motion Default Judgment Mon 03/21 3:51 PM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Softwareau.com filed by Plaintiff Microsoft Corporation. Motion set for hearing on 4/25/2016 at 10:00 AM before Judge Andre Birotte Jr. (Mori, Audra)
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Att: 1 23 pgs Memorandum ISO of Motion for Entry of Default and Permanent Injunction,
Att: 2 Declaration of Sue Ventura ISO Default Judgment with Exhs. A - D,
Att: 3 Declaration of Michael Fuller ISO Default Judgment with Exhs. A - D,
Att: 4 Declaration of Randy Bradley ISO Default Judgment with Exhs. A - C,
Att: 5 Declaration of Audra Mori ISO Default Judgment and Permanent Injunction with Exhs. A - D,
Att: 6 Proposed Order (Proposed) Permanent Injunction Against Defendant,
Att: 7 Proposed Order (Proposed) Default Judgment,
Att: 8 Proof of Service
Tuesday, March 08, 2016
18 18 order Order to Show Cause Tue 03/08 4:27 PM
(In Chambers) Order To Show Cause Regarding Dismissal for Lack of Prosecution by Judge Andre Birotte Jr. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause, in writing, on or before March 22, 2016, why this action should not be dismissed for lack of prosecution. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. The Order to Show Cause will stand submitted upon the filing of plaintiff's response. Failure to respond to this Order to Show Cause will be deemed consent to the dismissal of the action. (iv)
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Friday, February 05, 2016
17 17 1 pgs order Clerks Entry of Default (CV-37) - optional html form Fri 02/05 12:15 PM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to SOFTWAREAU.COM. (gk)
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Wednesday, February 03, 2016
16 16 motion Clerk to Enter Default Wed 02/03 9:57 AM
REQUEST for Clerk to Enter Default against Defendant Softwareau.com filed by Plaintiff Microsoft Corporation. (Mori, Audra)
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Att: 1 2 pgs Declaration of Audra M. Mori,
Att: 2 3 pgs Proof of service
Wednesday, January 13, 2016
15 15 service Service of Summons and Complaint Returned Executed (21 days) Wed 01/13 3:44 PM
PROOF OF SERVICE Executed by Plaintiff Microsoft Corporation, upon Defendant Softwareau.com served on 1/11/2016, answer due 2/1/2016. Service of the Summons and Complaint were executed upon kokolpopo@gmail.com, bbonuimm@hotmail.com, support@softwareau.com in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons NOT returned. (Mori, Audra)
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Friday, January 08, 2016
14 14 2 pgs order For Order Mon 01/11 8:56 AM
ORDER GRANTING PLAINTIFF MICROSOFT CORPORATION'S EX PARTE APPLICATION FOR EMAIL SERVICE OF PROCESS by Judge Andre Birotte Jr.: IT HEREBY ORDERED that the Ex Parte Application for Email Service of Process13 is GRANTED. Microsoft may immediately serve defendants with the Summons and Complaint via email at support@softwareau.com and defendants shall respond within 21 days of the date on which the email is sent. IT IS FURTHER ORDERED that Microsoft may also serve defendants with the Summons and Complaint via email at the email addresses that it lists as administrative, technical, and billing contacts, kokolpopo@gmail.com and bbonuimm@hotmail.com, and defendants shall respond within 21 days of the date on which the email is sent. Microsoft has until 2/10/2016 to serve defendants as described above. (gk)
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Wednesday, January 06, 2016
13 13 motion Order Wed 01/06 4:01 PM
EX PARTE APPLICATION for Order for Email Service of Process filed by Plaintiff Microsoft Corporation. (Mori, Audra)
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Att: 1 8 pgs Memorandum Points and Authorities,
Att: 2 21 pgs Declaration of Audra M. Mori, Exhs 1-5,
Att: 3 Proposed Order
Wednesday, November 18, 2015
12 12 2 pgs order Discovery Wed 11/18 2:58 PM
ORDER GRANTING PLAINTIFF MICROSOFT CORPORATIONS EX PARTE APPLICATION FOR LIMITED DISCOVERY PRIOR TO RULE 26(F) CONFERENCE by Magistrate Judge John E. McDermott11 . [See Order for details.] (san)
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Friday, November 13, 2015
11 11 2 pgs motion Discovery Fri 11/13 3:15 PM
EX PARTE APPLICATION for Discovery regarding for Limited Discovery prior to Rule 26(f) Conference filed by Plaintiff Microsoft Corporation.(Mori, Audra)
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Att: 1 20 pgs Declaration of Audra M. Mori, Exhibits 1-3,
Att: 2 5 pgs Declaration of Scott Johannesmeyer, Exhibit 1,
Att: 3 2 pgs Proposed Order
Wednesday, October 14, 2015
10 10 testxtonly Text Only Scheduling Notice Wed 10/14 10:05 AM
TEXT ONLY ENTRY: Judge Andre Birotte Jr. is participating in a pilot project regarding the submission of SEALED DOCUMENTS. All proposed sealed documents must be submitted, via e-mail, to the Judge's Chambers email at AB_chambers@cacd.uscourts.gov. Please refer to the Judge's procedures and schedules for detailed instructions for submission of sealed documents. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (cb)
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Tuesday, October 13, 2015
9 9 1 pgs service Summons Issued (Attorney Civil Case Opening) Tue 10/13 2:52 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Softwareau.com. (et)
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8 8 2 pgs adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Tue 10/13 2:50 PM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
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7 7 notice Notice of Assignment to United States Judges (CV-18) - optional html form Tue 10/13 2:49 PM
NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge John E. McDermott. (et)
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6 6 misc Report on Filing of Patent/Trademark Action (Initial Notification) (AO 120) Tue 10/13 1:18 PM
REPORT ON THE FILING OF AN ACTION Regarding a Patent or a Trademark (Initial Notification) filed by Microsoft Corporation. (Mori, Audra)
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5 5 2 pgs misc Report on Filing of Copyright Action (Initial Notification) (AO-121) Tue 10/13 1:16 PM
REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Microsoft Corporation. (Mori, Audra)
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4 4 notice Certificate/Notice of Interested Parties Tue 10/13 1:14 PM
Certification and Notice of Interested Parties filed by Plaintiff Microsoft Corporation, (Mori, Audra)
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3 3 notice Summons Request Tue 10/13 1:11 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Microsoft Corporation. (Mori, Audra)
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2 2 misc Civil Cover Sheet (CV-71) Tue 10/13 1:09 PM
CIVIL COVER SHEET filed by Plaintiff Microsoft Corporation. (Mori, Audra)
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1 1 20 pgs cmp Complaint (Attorney Civil Case Opening) Tue 10/13 12:48 PM
COMPLAINT Receipt No: 0973-16604671 - Fee: $400, filed by Plaintiff Microsoft Corporation. (Attorney Audra M Mori added to party Microsoft Corporation(pty:pla))(Mori, Audra)
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Att: 1 18 pgs Exhibit 1 - 9,
Att: 2 Exhibit 10 - 29