Trevari Media LLC et al v. Cantu
| Oregon District Court | |
| Judge: | Mustafa T Kasubhai |
| Case #: | 6:23-cv-01879 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:101 Copyright Infringement |
| Case Filed: | Dec 13, 2023 |
| Last checked: Tuesday Jun 11, 2024 2:17 AM PDT |
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Counter Claimant
Joshua Cantu
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Represented By
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Counter Defendant
Joshua Cantu
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Represented By
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Counter Defendant
Trevari Media LLC
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Represented By
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Counter Defendant
Underwater Investigations
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Represented By
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Defendant
Joshua Cantu
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Represented By
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Plaintiff
Trevari Media LLC
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Represented By
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Plaintiff
Underwater Investigations
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Represented By
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| Docket last updated: 02/06/2025 11:59 PM PST |
| Thursday, January 23, 2025 | ||
| 40 | 40
8
pgs
order
Order on Motion for Protective Order
Thu 01/23 3:55 PM
Stipulated Protective Order signed on 01/23/2025 by Judge Mustafa T. Kasubhai. (bd) |
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| Tuesday, January 21, 2025 | ||
| 39 | 39
8
pgs
motion
Protective Order
Tue 01/21 5:05 PM
Stipulated Motion for Protective Order . Filed by Trevari Media LLC, Underwater Investigations. (Aldrich, Nicholas) |
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| Thursday, December 05, 2024 | ||
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order
Order
Thu 12/05 2:09 PM
ORDER by Judge Mustafa T. Kasubhai: ECF No.30 is VACATED. An Opinion and Order regarding Plaintiff's Omnibus Motion to Strike Affirmative Defenses and Dismiss Defendant's Counterclaims for Failure to State a Claim (ECF No.25 ) will follow. The Court will consider the parties' objections (ECF Nos.32 ,33 ) as additional arguments while the motion at issue is under advisement. (bd) |
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| Monday, November 25, 2024 | ||
| 37 | 37
oth_evt
Case Reassignment Notice - FORM EVENT
Mon 11/25 1:56 PM
Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Mustafa Kasubhai to District Judge Mustafa T. Kasubhai. (jk) |
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| Tuesday, September 24, 2024 | ||
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minute
Status Conference
Tue 09/24 5:01 PM
MINUTES of Proceedings: Status Conference by telephone. All current deadlines are VACATED. Within 14 days of Judge Aiken's ruling on the pending Findings & Recommendation (ECF No.30 ), the parties are ordered to file a joint status report with proposed new deadlines for the case. David Ludwig and Nicholas Aldrich present as counsel for plaintiffs. William Wardlow present as counsel for defendant. Magistrate Judge Mustafa T. Kasubhai presiding. (FTR - Eugene Courtroom 3) (bd) |
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| Monday, September 23, 2024 | ||
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order
1 - Scheduling
Mon 09/23 12:06 PM
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Status Conference is set for 9/24/2024 at 11:00AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by separate order. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. (bd) |
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| Monday, July 15, 2024 | ||
| 34 | 34
2
pgs
notice
Address Change
Mon 07/15 5:52 PM
Notice of Change of Address. Filed by Trevari Media LLC, Underwater Investigations. (Aldrich, Nicholas) |
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| Friday, July 05, 2024 | ||
| 33 | 33
4
pgs
resp
Objections to Findings & Recommendation
Fri 07/05 10:38 AM
Objections to Findings & Recommendation: Motion to Strike Defendant's Affirmative Defenses Answer to Complaint,, Counterclaim,22 Motion to Dismiss for Failure to State a Claim Motion to Dismiss Defendant's Counterclaims for Failure 30 Oral Argument requested. Filed by Joshua Cantu. (Wardlow, William) |
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| Wednesday, July 03, 2024 | ||
| 32 | 32
4
pgs
resp
Objections to Findings & Recommendation
Wed 07/03 3:01 PM
Objections to Findings & Recommendation: Motion to Strike Defendant's Affirmative Defenses Answer to Complaint,, Counterclaim,22 Motion to Dismiss for Failure to State a Claim Motion to Dismiss Defendant's Counterclaims for Failure 30 Oral Argument requested. Filed by Trevari Media LLC. (Aldrich, Nicholas) |
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| Thursday, June 20, 2024 | ||
| 30 | 30
16
pgs
motion
Findings & Recommendation
Thu 06/20 12:33 PM
Findings & Recommendation signed on 6/20/2024 by Magistrate Judge Mustafa T. Kasubhai: Plaintiffs' motion to strike and to dismiss Defendant's counterclaims (ECF No.25 ) should be GRANTED in part and DENIED in part. Defendant voluntarily withdrew his Seventh, Eighth, Twelfth, Thirteenth, Fifteenth, Seventeenth, Twenty-Second, Twenty-Seventh, Twenty-Eighth, Twenty-Ninth, Thirtieth, Thirty-First, Thirty-Seventh, Forty-Second, and Forty-Third affirmative defenses, so those defenses should be stricken. Plaintiffs' Motion to strike should be granted as to Defendant's Twentieth, Twenty-Fifth, Thirty-Eighth, and Forty-Fourth, and denied as to Defendant's other affirmative defenses. Plaintiffs' motion to dismiss Defendant's counterclaims should be granted as to counterclaims five and eight, and denied as to counterclaims one, two, six and seven. Objections to the Findings and Recommendation are due by 7/5/2024. (jk) |
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order
Findings & Recommendation Referred
Thu 06/20 12:37 PM
ORDER by Magistrate Judge Mustafa T. Kasubhai: Findings & Recommendation30 is referred to Judge Ann L. Aiken. (jk) |
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| Tuesday, May 14, 2024 | ||
| 29 | 29
22
pgs
resp
Reply to Motion
Tue 05/14 2:13 PM
Reply in Support of to Motion to Strike Defendant's Affirmative Defenses Answer to Complaint,, Counterclaim,22 Motion to Dismiss for Failure to State a Claim Motion to Dismiss Defendant's Counterclaims for Failure to State a Claim 25 Oral Argument requested. Filed by Trevari Media LLC, Underwater Investigations. (Aldrich, Nicholas) |
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| Tuesday, April 30, 2024 | ||
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oth_sup
Declaration
Tue 04/30 3:43 PM
Declaration of William Wardlow ISO Opposition to Plaintiffs' Motions to Strike and Dismiss . Filed by Joshua Cantu. (Wardlow, William) |
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| 27 | 27
resp
Response in Opposition to Motion
Tue 04/30 3:41 PM
Response in Opposition to Motion to Strike Defendant's Affirmative Defenses Answer to Complaint,, Counterclaim,22 Motion to Dismiss for Failure to State a Claim Motion to Dismiss Defendant's Counterclaims for Failure to State a Claim 25 Oral Argument requested. Filed by Joshua Cantu. (Wardlow, William) |
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| Thursday, April 18, 2024 | ||
| 26 | 26
oth_evt
Notice by Clerk of Partial Consent
Thu 04/18 11:47 AM
NOTICE BY THE CLERK: A dispositive motion has been filed in this case. Currently there is not full consent to proceed before a U.S. Magistrate Judge in this case. If the non-consenting party would like to consent to proceed before a U.S. Magistrate Judge, the consent form may be found on the court's website at[LINK:ord.uscourts.gov/civil-forms] and may be filed electronically by using the Consent event under Other Filings/Consent in the Civil menu or delivered to the Clerk's Office by mail or in person. The form is also attached to this docket entry. For more information regarding the role of magistrate judges and consenting to magistrate judge jurisdiction, see[LINK:ord.uscourts.gov/consent] . The parties are free to withhold consent without adverse substantive consequences. Consent to Jurisdiction by a Magistrate Judge, if any, is to be filed on or before the date briefing on the dispositive motion is complete. (jk) |
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| Tuesday, April 16, 2024 | ||
| 25 | 25
motion
Strike Dismiss for Failure to State a Claim
Tue 04/16 10:06 PM
Motion to Strike Defendant's Affirmative Defenses Answer to Complaint,, Counterclaim,22 , Motion to Dismiss for Failure to State a Claim Motion to Dismiss Defendant's Counterclaims for Failure to State a Claim . Oral Argument requested. Filed by Underwater Investigations, Trevari Media LLC. (Aldrich, Nicholas) |
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minute
Rule 16 Conference
Tue 04/16 3:13 PM
MINUTES of Proceedings: Telephonic Rule 16 Conference held before Magistrate Judge Mustafa T. Kasubhai. Discovery is to be completed by 9/30/2024. Exchange of Expert Witness Statements must be completed by 10/30/2024. Rebuttal Expert Reports are due by 11/21/2024. Expert Discovery to be completed by 12/6/2024. Dispositive Motions are due by 1/10/2025. Joint Alternate Dispute Resolution Report is due 30 days following the Court's ruling on any Dispositive Motions or, by 2/10/2025 if none are filed. The Court has reviewed the parties' joint status report and discovery plan (ECF No.23 ) with regard to the dispute about ESI protocols. Based upon the representations of the parties about the volume of anticipated discovery in this case, the Court adopts Defendant's proposal as laid out in the discovery plan at Appendix B. However, should the volume of discovery grow beyond what was anticipated, Plaintiffs have leave to renew their objection to Defendants approach after conferral with Defendant. David Ludwig, Nicholas Aldrich, Jr. present as counsel for plaintiffs. William Wardlow present as counsel for defendant. Court Reporter: FTR - Courtroom 3. (ck) |
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| Wednesday, April 03, 2024 | ||
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17
pgs
oth_doc
Rule 26(f) Report and Discovery Plan
Wed 04/03 10:02 AM
Joint Rule 26(f) Report and Discovery Plan . Filed by Trevari Media LLC, Underwater Investigations. (Ludwig, David) |
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| Tuesday, April 02, 2024 | ||
| 22 | 22
28
pgs
answer
Answer to Complaint Counterclaim
Tue 04/02 3:34 PM
First Amended Answer to First Amended Complaint17 with Jury Demand. First , Amended Counterclaim Joshua Cantu. Filed by Joshua Cantu. (Wardlow, William) Modified on 4/2/2024 to add document link. NEF regenerated. (jw) |
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Att: 1
38 pgs
Exhibit REDLINE
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| Monday, March 18, 2024 | ||
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order
1 - Scheduling
Mon 03/18 9:52 AM
Scheduling Order by Magistrate Judge Mustafa T. Kasubhai: Rule 16 Conference is set for 4/16/2024 at 10:30AM in Eugene by telephone before Magistrate Judge Mustafa T. Kasubhai. The parties are ordered to call into the Court's conference line at least 5 minutes prior to the scheduled hearing. Call-in information will be sent by e-mail prior to the hearing. Please use a land line connection without external noise. The Court prohibits speaker phones due to the greatly diminished sound quality. The parties should be prepared to discuss the status of discovery, any actual or potential discovery related conflicts, consent to a magistrate judge, potential trial dates, other issues presented by this action, and proposed modifications to the schedule outlined in the initial Discovery and Pretrial Scheduling Order issued by the Court at the commencement of the action. The parties additionally should be prepared to discuss Alternate Dispute Resolution (ADR) pursuant to L.R. 16.4. All deadlines are VACATED and will be reset at the Rule 16 Conference. Pronoun Usage : The parties and counsel are encouraged to advise the Court of their pronouns and honorifics (such as Ms., Mx., or Mr.). People appearing before this Court may provide their pronouns and honorifics in writing or orally when appearing for conferences, hearings, or trials. Attorneys are encouraged to identify their pronouns and honorifics in their signature lines when submitting documents for filing. Parties and counsel are instructed to address each other in all written documents and court proceedings by those previously identified pronouns and honorifics. (jk) |
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| Tuesday, March 12, 2024 | ||
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25
pgs
answer
Answer to Amended Complaint Counterclaim
Tue 03/12 2:22 PM
Answer to17 Amended Complaint, with Jury Demand , Counterclaim against Plaintiffs Trevari Media LLC, Underwater Investigations. Filed by Joshua Cantu. (Wardlow, William) |
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| Friday, March 08, 2024 | ||
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order
Order on Motion for Extension of Time to Answer a Complaint/Petition
Fri 03/08 10:50 AM
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Stipulated Motion for Extension of Time to Answer (Titled "Joint Stipulation re Amended Complaint, 17 extending time for Defendant's response to First Amended Compliant") 18 . Defendant Joshua Cantu's answer to Plaintiff's First Amended Complaint18 is due by 3/13/2024. (jk) |
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| Thursday, March 07, 2024 | ||
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oth_doc
Stipulation
Thu 03/07 2:32 PM
Joint Stipulation re Amended Complaint,17 extending time for Defendant's response to First Amended Compliant by Joshua Cantu. Filed by Joshua Cantu. (Wardlow, William) |
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| Wednesday, February 21, 2024 | ||
| 17 | 17
cmp
Amended Complaint (ALL CASE TYPES)
Wed 02/21 5:44 PM
First Amended Complaint . Filed by Trevari Media LLC, Underwater Investigations against Joshua Cantu. (Ludwig, David) |
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Att: 1
6 pgs
Exhibit A,
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Att: 2
4 pgs
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
1 pgs
Exhibit F,
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Att: 7
13 pgs
Exhibit Redline First Amended Complaint
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| Monday, February 12, 2024 | ||
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order
Order on Motion for Extension of Time to Answer a Complaint/Petition
Mon 02/12 4:21 PM
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING the parties' Stipulated Motion for Extension of Time to Answer (Titled "Joint Stipulation re Complaint,,, 1 extending time for Defendant's response to Compliant" [sic]) 15 . Defendant Joshua Cantu's answer is due by 2/28/2024. (jk) |
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| Thursday, February 08, 2024 | ||
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4
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oth_doc
Stipulation
Thu 02/08 3:19 PM
Joint Stipulation re Complaint,,,1 extending time for Defendant's response to Compliant by Joshua Cantu. Filed by Joshua Cantu. (Wardlow, William) |
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| Tuesday, January 09, 2024 | ||
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notice
Attorney Appearance
Tue 01/09 3:11 PM
Notice of Appearance of William Wardlow appearing on behalf of All Defendants . Filed by on behalf of All Defendants. (Wardlow, William) |
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| Monday, January 08, 2024 | ||
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service
Waiver of Service Summons
Mon 01/08 9:24 AM
Waiver of Service of Summons Returned Executed by Joshua Cantu waiver sent on 12/20/2023. Filed by Trevari Media LLC; Underwater Investigations. (Cohen, Michael) |
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| Tuesday, January 02, 2024 | ||
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order
Leave to Appear Pro Hac Vice
Tue 01/02 2:21 PM
ORDER by Magistrate Judge Mustafa T. Kasubhai GRANTING Motion for Leave to Appear Pro Hac Vice 9 requested by attorney Thomas Dunlap; Motion for Leave to Appear Pro Hac Vice 10 requested by attorney David Ludwig; and Motion for Leave to Appear Pro Hac Vice 11 requested by attorney Jason Witten. (jk) |
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| Friday, December 22, 2023 | ||
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motion
Leave to Appear Pro Hac Vice
Fri 12/22 7:24 AM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Jason Witten. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9208383. Filed by Trevari Media LLC, Underwater Investigations. (Witten, Jason) |
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attyadm
Clerk's Review of Pro Hac Vice Motion
Fri 12/22 8:37 AM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Jason Witten. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-920838311 : Reviewed and Ready for Ruling. (jw) |
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| Monday, December 18, 2023 | ||
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motion
Leave to Appear Pro Hac Vice
Mon 12/18 12:41 PM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney David Ludwig. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9201133. Filed by Trevari Media LLC, Underwater Investigations. (Ludwig, David) |
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motion
Leave to Appear Pro Hac Vice
Mon 12/18 12:20 PM
Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Thomas Dunlap. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-9201056. Filed by Trevari Media LLC, Underwater Investigations. (Dunlap, Thomas) |
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attyadm
Clerk's Review of Pro Hac Vice Motion
Mon 12/18 3:08 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney Thomas Dunlap. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-92010569 : Reviewed and Ready for Ruling. (jw) |
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attyadm
Clerk's Review of Pro Hac Vice Motion
Mon 12/18 3:23 PM
Clerk's Review of Motion for Leave to Appear Pro Hac Vice . Pro Hac Vice admission requested by attorney David Ludwig. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-920113310 : Reviewed and Ready for Ruling. (jw) |
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| Friday, December 15, 2023 | ||
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pgs
oth_evt
Copyright Report - FORM EVENT
Fri 12/15 9:25 AM
Copyright Report: This report is being submitted pursuant to 17 U.S.C. section 508(a), which states: Within one month after the filing of any action under this title, the clerks of the courts of the United States shall send written notification to the Register of Copyrights setting forth, as far as is shown by the papers filed in the court, the names and addresses of the parties and the title, author, and registration number of each work involved in the action. (Mailed to the Register of Copyrights) . (jw) |
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| Thursday, December 14, 2023 | ||
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5
pgs
order
Order
Thu 12/14 5:35 PM
Case Management Order signed on 12/14/2023 by Magistrate Judge Mustafa T. Kasubhai. (jk) |
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| 5 | 5
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service
Summons Issued
Thu 12/14 3:08 PM
Summons Issued Electronically as to Joshua Cantu. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jw) |
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| 4 | 4
7
pgs
order
3 - Discovery and Pretrial Scheduling Order - FORM EVENT
Thu 12/14 2:58 PM
Notice of Case Assignment to Magistrate Judge Mustafa T. Kasubhai and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5 . Discovery is to be completed by 4/12/2024. Joint Alternate Dispute Resolution Report is due by 5/13/2024. Pretrial Order is due by 5/13/2024. Ordered by Magistrate Judge Mustafa T. Kasubhai. (jw) |
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oth_evt
Correction of the Record
Thu 12/14 3:39 PM
Notice of Correction by Clerk regarding1 Complaint (attachment #7 - Civil Cover Sheet). A Clerical error has been discovered in the case record: The PDF was not flattened. The following corrections were made to the record: A corrected PDF has been uploaded to replace the incorrect one. The Notice of Electronic Filing (NEF) will be regenerated to all parties. (cw) |
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| Wednesday, December 13, 2023 | ||
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2
pgs
oth_doc
Corporate Disclosure Statement
Wed 12/13 3:21 PM
Corporate Disclosure Statement . Filed by Underwater Investigations LLC, an Oregon limited liability company. (Cohen, Michael) |
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| 2 | 2
2
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oth_doc
Corporate Disclosure Statement
Wed 12/13 3:14 PM
Corporate Disclosure Statement . Filed by Trevari Media LLC, an Oregon limited liability company. (Cohen, Michael) |
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12
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cmp
Complaint
Wed 12/13 2:12 PM
Complaint. Filing fee in the amount of $405 collected. Agency Tracking ID: AORDC-9194937 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Included copyrights: PAu004204991--Knockel--Knockel, PAu004204993--Messier--Messier, PAu004204988--Hopper--Hopper, PAu004204986--Shepherd--Shepherd, PAu004204990--Torres--Torres. Filed by Trevari Media LLC, an Oregon limited liability company, Underwater Investigations LLC, an Oregon limited liability company against Joshua Cantu, Juke Motion Pictures. (Cohen, Michael) |
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Att: 1
6 pgs
Exhibit A,
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Att: 2
4 pgs
Exhibit B,
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Att: 3
4 pgs
Exhibit C,
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Att: 4
1 pgs
Exhibit D,
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Att: 5
1 pgs
Exhibit E,
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Att: 6
1 pgs
Exhibit F,
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Att: 7
2 pgs
Civil Cover Sheet,
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Att: 8
1 pgs
Proposed Document
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