California Central District Court
Judge:Otis D Wright, II
Referred: Paul L Abrams
Case #: 2:18-cv-00710
Nature of Suit820 Property Rights - Copyrights
Cause17:101 Copyright Infringement
Case Filed:Jan 26, 2018
Terminated:Feb 06, 2020
Last checked: Wednesday Jul 25, 2018 1:54 AM PDT
Defendant
Andrew Bennett
Plaintiff
E.L.V.H. Inc.
Represented By
Eric Levinrad
Wolf Rifkin Shapiro Schulman And Rabkin LLP
contact info
Mark B Mizrahi
Wolf Rifkin Shapiro Schulman And Rabkin LLP
contact info
Plaintiff
Edward Van Halen
Represented By
Eric Levinrad
Wolf Rifkin Shapiro Schulman And Rabkin LLP
contact info
Mark B Mizrahi
Wolf Rifkin Shapiro Schulman And Rabkin LLP
contact info


Docket last updated: 10 hours ago
Thursday, June 11, 2020
41 41 misc Financial Entry Thu 06/11 9:13 AM
FINANCIAL ENTRY: Disbursed $10,391.38 from the registry of the Court to E.L.V.H. Inc. and Edward Van Halen on 06/08/2020. Re: Default Judgment,,, Permanent Injunction,,39 . (pri)
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Thursday, May 07, 2020
40 40 misc Report of Determination of Copyright Action (CLOSE) (AO 121) Thu 05/07 3:02 PM
REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. Mailed closing report to the current address of the Copyright Office: U.S. Copyright Office 101 Independence Ave. S.E., Washington, D.C. 20559-6000. (Closing) (lc)
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39 39 4 pgs judgmentCV Judgment - Default by Judge Permanent Injunction Thu 05/07 2:57 PM
JUDGMENT38 by Judge Otis D. Wright, II: Judgment is entered in favor of Plaintiffs E.V.L.H., Inc. and Edward Van Halen and against Defendant Andrew Bennett. Bennett, his agents etc are permanently restrained and enjoined re Copyrights (SEE DOCUMENT FOR SPECIFIC COMPLIANCE REQUIREMENTS AND INSTRUCTIONS THEREOF).The Court acknowledges that Plaintiffs previously posted with theClerk of the Court an attorneys check in the amount of $10,000.0025 . Clerk of Court is Directed to Reimburse Plaintiff's the sum of $10,000.00. (lc)
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Thursday, February 06, 2020
38 38 order Default Judgment Fri 02/07 2:07 PM
ORDER GRANTING PLAINTIFFS MOTION FOR DEFAULT JUDGMENT by Judge Otis D. Wright, II: For the reasons discussed above, the Court GRANTS Van Halens Motion for Default Judgment as to Van Halens causes of action for copyright infringement, cybersquatting, use of name and likeness, misappropriation of common law right of publicity, and breach of contract. (ECF No. 34.) The Court also GRANTS Van Halens request for permanent injunctive relief against Bennett. The Court will issue Judgment. IT IS SO ORDERED. (See order for further details)granting34 MOTION for Default Judgment (yl)
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Friday, January 10, 2020
37 37 3 pgs respm Supplement (Motion related) Fri 01/10 5:16 PM
SUPPLEMENT to NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Andrew Bennett34 filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen.(Levinrad, Eric)
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Att: 1 Supplemental Declaration
Wednesday, October 30, 2019
36 36 textonly Text Only Scheduling Notice Wed 10/30 8:15 AM
The hearing on the MOTION for Default Judgment34 , scheduled for November 4, 2019 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. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce)
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Tuesday, October 08, 2019
35 35 notice Notice of Appearance or Withdrawal of Counsel (G-123) Tue 10/08 5:50 PM
Notice of Appearance or Withdrawal of Counsel: for attorney Eric Levinrad counsel for Plaintiffs E.L.V.H. Inc., Edward Van Halen. Mark B. Mizrahi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs E.L.V.H. Inc. and Edward Van Halen. (Levinrad, Eric)
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Friday, October 04, 2019
34 34 motion Default Judgment Fri 10/04 5:53 PM
NOTICE OF MOTION AND MOTION for Default Judgment against Defendant Andrew Bennett filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen. Motion set for hearing on 11/4/2019 at 01:30 PM before Judge Otis D. Wright II. (Levinrad, Eric)
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Att: 1 Memorandum of Points and Authorities,
Att: 2 Declaration of Eric Levinrad,
Att: 3 6 pgs Declaration of John Narcise and Exhibit 1,
Att: 4 21 pgs Proposed Default Judgment and Permanent Injunction
Wednesday, September 04, 2019
33 33 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines Wed 09/04 11:42 AM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: Plaintiff(s) is ordered to show cause in writing no later than October 4, 2019 why this action should not be dismissed for lack of prosecution. The Court will consider the filing of the following, as an appropriate response to this OSC, on or before the above date:Plaintiff's filing of a noticed motion for entry of default judgment for the defendant. No oral argument on this Order to Show Cause will be heard unless ordered by the Court. The Order will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Court's Order may result in the dismissal of the action. (lc)
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Tuesday, September 03, 2019
32 32 order Clerks Entry of Default (CV-37) - optional html form Tue 09/03 10:45 AM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to Andrew Bennett (lc)
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Saturday, August 31, 2019
31 31 motion Clerk to Enter Default Sat 08/31 10:41 AM
APPLICATION for Clerk to Enter Default against Defendant Andrew Bennett filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen. (Levinrad, Eric)
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Att: 1 Declaration of Eric Levinrad In Support
Thursday, August 22, 2019
30 30 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines Thu 08/22 2:26 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II:Since May 29, 2018, the Parties have not taken any further action regarding this matter. Accordingly, by August 31, 2019, Plaintiff is (1) ORDERED TO SHOW CAUSE in writing why this action should not be dismissed for lack of prosecution. (SEE DOCUMENT FOR OTHER SPECIFICS). (lc)
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Tuesday, May 29, 2018
29 29 misc Declaration Tue 05/29 5:53 PM
DECLARATION of John Narcise re Preliminary Injunction28 filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen.(Mizrahi, Mark)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Friday, May 25, 2018
28 28 order Preliminary Injunction Fri 05/25 4:11 PM
PRELIMINARY INJUNCTION AND IMPOUNDMENT ORDER by Judge Otis D. Wright, II. Refer to the Court's order for details. (pso)
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Monday, May 21, 2018
27 27 minutes Show Cause Hearing - optional html form Mon 05/21 4:07 PM
MINUTES OF TRO Hearing held before Judge Otis D. Wright, II: Case called, appearance made by plaintiffs attorney. No appearance by Andrew Bennett. TheCourt orders the prelim injunction will issue. Court Reporter: Terri Hourigan. (lc)
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Thursday, May 17, 2018
26 26 misc Financial Entry Thu 05/17 3:02 PM
FINANCIAL ENTRY: Received $10,000.00 into the registry of the Court from Wolf Rifkin Shapiro Schulman & Rabkin, LLP. Re: Notice (Other),25 . Receipt number LA171817. (edr)
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25 25 notice Notice (Other) Thu 05/17 1:58 PM
NOTICE filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen. PLAINTIFFS NOTICE OF DEPOSIT OF ATTORNEYS CHECK IN COMPLIANCE WITH MAY 14, 2018 COURT ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION FOR (1) TEMPORARY RESTRAINING ORDER AND (2) ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND IMPOUNDMENT ORDER SHOULD NOT ISSUE [DKT NO. 22] (Mizrahi, Mark)
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Wednesday, May 16, 2018
24 24 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Hearings Wed 05/16 4:27 PM
MINUTE ORDER IN CHAMBERS by Judge Otis D. Wright, II: re: Order on Motion for Temporary Restraining Order22 . Because the Court is required to set a hearing when a TRO is issued without notice, IT IS HEREBY ORDERED that Defendant SHOW CAUSE on May 21, 2018 at 1:30 p.m. in Courtroom 5D, in the United States District Court for the Central District of California, the Honorable Otis D. Wright presiding, why an order pursuant to Rule 65 of the Federal Rules of Civil Procedure and 17 U.S.C. § 503(a) should not be entered. For clarification, as stated in the TRO, the Court FURTHER ORDERS that Defendants answering papers to Plaintiffs Order to Show Cause, if any, shall be filed with the Clerk of this Court and served upon Plaintiffs counsel by delivering copies to the offices of WOLF, RIFKIN, SHAPIRO, SCHULMAN & RABKIN, LLP, Attention: Mark Mizrahi, by no later than May 17, 2018 at 12:00 p.m. with any reply by Plaintiffs to be filed and served by May 18, 2018 at 2:00 p.m. (smo)
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23 23 misc Declaration Wed 05/16 2:48 PM
DECLARATION of John Narcise re Order on Motion for Temporary Restraining Order,,,22 filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen.(Mizrahi, Mark)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
Monday, May 14, 2018
22 22 order Temporary Restraining Order Mon 05/14 4:08 PM
ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR (1) TEMPORARY RESTRAINING ORDER AND (2)ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION AND IMPOUNDMENT ORDER SHOULD NOT ISSUE19 by Judge Otis D. Wright, II. IT IS HEREBY ORDERED that Defendant show cause in writing on or before May 21, 2018, why an order pursuant to Rule 65 of the Federal Rules of Civil Procedure and 17 U.S.C. § 503(a) should not be entered. IT IS FURTHER ORDERED that the Temporary Restraining Order shall remain in effect until the date for the hearing on the Order to Show Cause, as set forth above, or such further dates as set by the Court. 6. IT IS FURTHER ORDERED that Plaintiffs post a corporate surety bond, cash, certified check, or attorneys check in the amount of $ 10,000 as security, determined adequate for the payment of such damages as any person may be entitled to recover as a result of a wrongful restraint hereunder. See document for details. (lom)
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Friday, May 11, 2018
21 21 notice Manual Filing (G-92) Fri 05/11 5:35 PM
NOTICE of Manual Filing filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen of CD containing media files filed under seal. (Mizrahi, Mark)
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20 20 attyseal Sealed Document Fri 05/11 5:31 PM
SEALED DOCUMENT re EX PARTE APPLICATION for Temporary Restraining Order 19 , Order on Motion for Leave to File Document Under Seal,,17 filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen.(Mizrahi, Mark)
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Att: 1 Declaration of Adam D. Mandell, Esq.,
Att: 2 Exhibit 2-6 to Decl. Mandell,
Att: 3 Exhibit 2-11 to Decl. Mandell,
Att: 4 Exhibit 2-12 to Decl. Mandell,
Att: 5 Exhibit 2-14 to Decl. Mandell,
Att: 6 Exhibit 2-19 to Decl. Mandell,
Att: 7 Exhibit 2-20 to Decl. Mandell,
Att: 8 Declaration of Matthew Bruck
19 19 motion Temporary Restraining Order Fri 05/11 5:16 PM
EX PARTE APPLICATION for Temporary Restraining Order filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen. (Mizrahi, Mark)
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Att: 1 Memorandum [Redacted],
Att: 2 Declaration of Adam D. Mandell, Esq. [Redacted],
Att: 3 Exhibit 2-1 to Decl. Mandell,
Att: 4 Exhibit 2-2 to Decl. Mandell,
Att: 5 Exhibit 2-3 to Decl. Mandell,
Att: 6 Exhibit 2-4 to Decl. Mandell,
Att: 7 Exhibit 2-5 to Decl. Mandell,
Att: 8 Exhibit 2-6 to Decl. Mandell [Redacted],
Att: 9 Exhibit 2-7 to Decl. Mandell,
Att: 10 Exhibit 2-8 to Decl. Mandell,
Att: 11 Exhibit 2-9 to Decl. Mandell,
Att: 12 Exhibit 2-10 to Decl. Mandell,
Att: 13 Exhibit 2-11 to Decl. Mandell [Redacted],
Att: 14 Exhibit 2-12 to Decl. Mandell [Redacted],
Att: 15 Exhibit 2-13 to Decl. Mandell,
Att: 16 Exhibit 2-14 to Decl. Mandell [Redacted],
Att: 17 Exhibit 2-15 to Decl. Mandell,
Att: 18 Exhibit 2-16 to Decl. Mandell,
Att: 19 Exhibit 2-17 to Decl. Mandell,
Att: 20 Exhibit 2-18 to Decl. Mandell,
Att: 21 Exhibit 2-19 to Decl. Mandell [Redacted],
Att: 22 Exhibit 2-20 to Decl. Mandell [Redacted],
Att: 23 Exhibit 2-21 to Decl. Mandell,
Att: 24 Declaration of Matthew Bruck [Redacted],
Att: 25 Proposed Order
18 18 misc Declaration Fri 05/11 5:04 PM
DECLARATION of John Narcise re Order on Motion for Service by Publication,,,,,, Order on Motion for Ruling,,,,,16 filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen.(Mizrahi, Mark)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2,
Att: 3 Exhibit 3,
Att: 4 Exhibit 4,
Att: 5 Exhibit 5,
Att: 6 Exhibit 6
Tuesday, May 08, 2018
17 17 order Leave to File Document Under Seal Tue 05/08 10:54 AM
ORDER GRANTING, IN PART, AND DENYING, IN PART, PLAINTIFFS APPLICATION FORLEAVE TO FILE UNDER SEAL (SEE DOCUMENT FOR LIST OF APPLICABLE DOCUMENTS)12 . Plaintiffs must submit a new application to file the Settlement Agreementunder seal, articulating good cause as to why the Settlement Agreement should bekept confidential. Plaintiffs should narrowly tailor their redactions to cover only information for which there is good cause for confidentiality. Plaintiffs must file their application to file under seal by no later than May 22, 2018. by Judge Otis D. Wright, II (lc)
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Wednesday, May 02, 2018
16 16 order Service by Publication Ruling Thu 05/03 9:01 AM
ORDER GRANTING PLAINTIFFS EX PARTE APPLICATION11 by Judge Otis D. Wright, II: The Court GRANTS Plaintiffs Application to serve Bennett by alternative means under New York law. Plaintiffs are ORDERED to attempt service of the Summons and Complaint, and Plaintiffs Ex Parte Application for TRO and Preliminary Injunction, and Plaintiffs Ex Parte Application for Leave to File Under Seal by all of the following methods: (1) By emailing copies of the Summons and Complaint, and Ex Parte Applications to the email address, 5150vaulted@gmail.com; (2) By sending a Facebook message to the Andrew Bennett Facebook page, containing a copy of the Summons and Complaint, and the Ex ParteApplications; and (3) Within seven days of this Order, Plaintiffs shall send copies of the Summons and Complaint, the Ex Parte Applications, and this Order for Alternative Service to Defendant Bennett at any additional addressesascertained before expiration of the time prescribed for publication of theSummons. Plaintiffs shall file a declaration explaining how they complied with this Order on or before May 14, 2018. The Court also sua sponte grants Plaintiffs an extension of time within which to effect service. See Fed. R. Civ. P. 4(m). Plaintiffs shall have until June 1, 2018 to effectuate service on Bennett. (lc)
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15 15 motion Ruling Wed 05/02 10:06 AM
REQUEST for Ruling (1) Ex Parte Application for Order Authorizing Electronic Service etc [Dkt Nos. 11 and 14]; and (2) Application for Leave to File Under Seal [Dkt Nos. 12 and 13] filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen. (Mizrahi, Mark)
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Att: 1 Exhibit A
Wednesday, April 25, 2018
14 14 respm Declaration (Motion related) Wed 04/25 3:53 PM
DECLARATION of John Narcise In Support Of EX PARTE APPLICATION for Service by Publication 11 filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen. (Mizrahi, Mark)
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Friday, April 20, 2018
13 13 attyseal Sealed Declaration in Support Fri 04/20 9:46 PM
SEALED DECLARATION IN SUPPORT OF APPLICATION to file document under seal12 filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen.(Mizrahi, Mark)
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Att: 1 Unredacted Document Exhibit 1,
Att: 2 Unredacted Document Exhibit 2,
Att: 3 Unredacted Document Exhibit 3,
Att: 4 Unredacted Document Exhibit 4,
Att: 5 Unredacted Document Exhibit 5,
Att: 6 Unredacted Document Exhibit 6,
Att: 7 Unredacted Document Exhibit 7,
Att: 8 Unredacted Document Exhibit 8,
Att: 9 Unredacted Document Exhibit 9,
Att: 10 Unredacted Document Exhibit 10,
Att: 11 Unredacted Document Exhibit 11
12 12 motion Leave to File Document Under Seal Fri 04/20 9:38 PM
APPLICATION to file document under seal filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen.(Mizrahi, Mark)
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Att: 1 Redacted Document Exhibit 1,
Att: 2 Redacted Document Exhibit 2,
Att: 3 Redacted Document Exhibit 3,
Att: 4 Redacted Document Exhibit 4,
Att: 5 Redacted Document Exhibit 5,
Att: 6 Redacted Document Exhibit 6,
Att: 7 Redacted Document Exhibit 7,
Att: 8 Redacted Document Exhibit 8,
Att: 9 Redacted Document Exhibit 9,
Att: 10 Redacted Document Exhibit 10,
Att: 11 Redacted Document Exhibit 11,
Att: 12 Proposed Order
11 11 motion Service by Publication Fri 04/20 9:09 PM
EX PARTE APPLICATION for Service by Publication filed by Plaintiffs E.L.V.H. Inc., Edward Van Halen. (Mizrahi, Mark)
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Att: 1 Declaration of Adam D. Mandell, Esq.,
Att: 2 Exhibit 1 to Declaration of Adam D. Mandell, Esq.,
Att: 3 Affidavit of Attempted Service of Nicholai Granados,
Att: 4 Declaration of John Narcise,
Att: 5 Exhibit 1 to Declaration of John Narcise,
Att: 6 Exhibit 2 to Declaration of John Narcise,
Att: 7 Exhibit 3 to Declaration of John Narcise,
Att: 8 Exhibit 4 to Declaration of John Narcise,
Att: 9 Exhibit 5 to Declaration of John Narcise,
Att: 10 Declaration of Jason Grandsinger,
Att: 11 Proposed Order
Thursday, February 01, 2018
10 10 misc Report on Filing of Copyright Action (Initial Notification) (AO-121) Thu 02/01 10:47 AM
REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by E.L.V.H. Inc.. (Mizrahi, Mark)
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Tuesday, January 30, 2018
9 9 order Minutes of In Chambers Order/Directive - no proceeding held Tue 01/30 12:50 PM
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; PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. all proposed sealed documents must be submitted via e-mail to the Judges Chambers email address, EXCLUDING those submitted by pro se parties and IN CAMERA filings, which shall continue to comply with Local Rule 79-5.1. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc)
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Monday, January 29, 2018
8 8 notice Copyright/Patent/Trademark (CV-31) (Notice to Counsel) - optional html form Mon 01/29 12:14 PM
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 notice Deficiency in Attorney Case Opening Mon 01/29 11:53 AM
NOTICE OF DEFICIENCIES in Attorney Case Opening RE: Complaint (Attorney Civil Case Opening)1 . The following error(s) was found: The Civil Cover Sheet is attached to the Complaint. It should have been filed and entered separately under its proper event. You are not required to take any action to correct this deficiency unless the Court so directs. (et)
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6 6 service Summons Issued (Attorney Civil Case Opening) Mon 01/29 11:51 AM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Andrew Bennett. (et)
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5 5 adr Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form Mon 01/29 11:49 AM
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et)
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4 4 notice Notice of Assignment to United States Judges (CV-18) - optional html form Mon 01/29 11:49 AM
NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Paul L. Abrams. (et)
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Friday, January 26, 2018
3 3 notice Certificate/Notice of Interested Parties Fri 01/26 5:22 PM
Certification and NOTICE of Interested Parties filed by Plaintiff E.L.V.H. Inc., (Mizrahi, Mark)
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2 2 notice Summons Request Fri 01/26 5:21 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening),1 filed by Plaintiff E.L.V.H. Inc.. (Mizrahi, Mark)
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1 1 cmp Complaint (Attorney Civil Case Opening) Fri 01/26 5:20 PM
COMPLAINT Receipt No: 0973-21168140 - Fee: $400, filed by Plaintiff E.L.V.H. Inc.. (Attorney Mark B Mizrahi added to party E.L.V.H. Inc.(pty:pla))(Mizrahi, Mark)
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Att: 1 Exhibit Exhibit 1,
Att: 2 Exhibit Exhibit 2,
Att: 3 Exhibit Exhibit 3,
Att: 4 Exhibit Exhibit 4,
Att: 5 Exhibit Exhibit 5,
Att: 6 Exhibit Exhibit 6,
Att: 7 Exhibit Exhibit 7,
Att: 8 Exhibit Exhibit 8,
Att: 9 Exhibit Exhibit 9,
Att: 10 Exhibit Exhibit 10,
Att: 11 Civil Cover Sheet Civil Cover Sheet