Source: Southern District of New York Dockets accessed by PACER.
Docket as of August 24, 2000 10:02 pm
Page 1
Proceedings include all events.
1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED CLOSED U.S. District Court Southern District of New York - Civil Database (Foley Square) CIVIL DOCKET FOR CASE #: 00-CV-277 Universal City, et al v. Reimerdes, et al Filed: 01/14/00 Assigned to: Judge Lewis A. Kaplan Demand: $0,000 Nature of Suit: 820 Lead Docket: None Jurisdiction: Federal Question Dkt# in other court: None Cause: 17:101 Copyright Infringement UNIVERSAL CITY STUDIOS, INC. Leon P. Gold plaintiff [COR LD NTC] William M. Hart [COR LD NTC] Proskauer, Rose, L.L.P. 1585 Broadway New York, NY 10036 (212) 969-3000 PARAMOUNT PICTURES CORPORATION Leon P. Gold plaintiff (See above) [COR LD NTC] William M. Hart (See above) [COR LD NTC] METRO-GOLDWYN-MAYER STUDIOS Leon P. Gold INC. (See above) plaintiff [COR LD NTC] William M. Hart (See above) [COR LD NTC] TRISTAR PICTURES, INC. Leon P. Gold plaintiff (See above) [COR LD NTC] William M. Hart (See above) [COR LD NTC] COLUMBIA PICTURES INDUSTRIES, Leon P. Gold INC. (See above) plaintiff [COR LD NTC] William M. Hart Docket as of August 24, 2000 10:02 pm Page 2 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED (See above) [COR LD NTC] TIME WARNER ENTERTAINMENT CO., Leon P. Gold L.P. (See above) plaintiff [COR LD NTC] William M. Hart (See above) [COR LD NTC] DISNEY ENTERPRISES, INC. Leon P. Gold plaintiff (See above) [COR LD NTC] William M. Hart (See above) [COR LD NTC] TWENTIETH CENTURY FOX FILM Leon P. Gold CORPORATION (See above) plaintiff [COR LD NTC] William M. Hart (See above) [COR LD NTC] v. SHAWN C. REIMERDES defendant [term 04/14/00] ERIC CORLEY Martin Garbus aka [COR LD NTC] "Emmanuel Goldstein" Frankfurt,Garbus Klein & Selz defendant 488 Madison Avenue NY, NY 10022 980-0120 ROMAN KAZAN defendant [term 03/20/00] ======================== SHAWN C. REIMERDES defendant Docket as of August 24, 2000 10:02 pm Page 3 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED ROMAN KAZAN defendant 2600 ENTERPRISES, INC. defendant Docket as of August 24, 2000 10:02 pm Page 4 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 1/14/00 1 COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); FILING FEE $150.00. RECEIPT # 363806. (em) [Entry date 01/19/00] 1/14/00 -- Magistrate Judge Ronald L. Ellis is so Designated. (em) [Entry date 01/19/00] 1/14/00 2 RULE 1.9 CERTIFICATE filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century Fox. (em) [Entry date 01/19/00] 1/18/00 3 MEMORANDUM OF LAW by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support of Plaintiffs' application for a Preliminary Injunction. (pl) [Entry date 01/19/00] 1/18/00 4 DECLARATION of Attaway, Ostroff, Boyden by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support Re: plaintiffs' application for a preliminary injunction. (pl) [Entry date 01/19/00] 1/18/00 5 ORDER TO SHOW CAUSE by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century; Show Cause Hearing set for 1/20/00 at 11:00 a.m.; for an order, purs. to Rule 65, for preliminary enjoining defts, their agents, etc., during the pendency of this action. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) [Entry date 01/19/00] [Edit date 01/20/00] 1/20/00 -- Oral argument held before Judge Lewis A. Kaplan. (sac) [Entry date 02/01/00] 1/21/00 6 PRELIMINARY INJUNCTION, granting [5-1] motion for an order, purs. to Rule 65, for preliminary enjoining defts, their agents, etc., during the pendency of this action as further set forth in this document ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) [Entry date 01/24/00] 1/24/00 8 NOTICE OF ENTRY OF BOND by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century (sac) [Entry date 01/26/00] 1/24/00 9 BOND #CGB 8509010 in the sum of $10,000.00 entered by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century . (cd) [Entry date 01/26/00] Docket as of August 24, 2000 10:02 pm Page 5 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 1/25/00 10 Reply Declarations of Marsha King, Robert W. Schuman, Mikhail V. Reider by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support of pltffs' motion for a preliminary injunction (ls) [Entry date 01/26/00] 1/25/00 11 MEMORANDUM OF LAW by Shawn C. Reimerdes, Eric Corley, Roman Kazan in opposition to [5-1] motion for an order, purs. to Rule 65, for preliminary enjoining defts, their agents, etc., during the pendency of this action. (sn) [Entry date 01/26/00] 1/26/00 7 PROPOSED ORDER (FILED UNSIGNED); for preliminary injunction. Copies mailed. (pl) 1/26/00 12 REPLY MEMORANDUM by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century re: in further support of [5-1] motion for an order, purs. to Rule 65, for preliminary enjoining defts, their agents, etc., during the pendency of this action (sac) [Entry date 01/27/00] 1/26/00 13 Reply declarations of Marsha King, Robert W. Schumann, Mikhail V. Reider and Bruce E. Boyden by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support of [5-1] motion for an order, purs. to Rule 65, for preliminary enjoining defts, their agents, etc., during the pendency of this action (sac) [Entry date 01/27/00] 1/26/00 14 AMENDED COMPLAINT by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century (Answer due 2/8/00 for Roman Kazan, for Eric Corley, for Shawn C. Reimerdes ) amending [1-1] complaint; Summons issued. (sn) [Entry date 01/27/00] 2/1/00 15 ORDER REGARDING SCHEDULING AND INITIAL PRETRIAL CONFERENCE; that counsel for all parties are directed to confer regarding an agreed scheduling order. If counsel are able to agree on a schedule and the agreed schedule calls for the filing of the pretrial order not more than 6 months from the date of this Order, counsel shall sign and file within 45 days from the date hereof a consent order for consideration by the Court. If such a consent order is not filed within the time provided, a conference will be held on 3/20/00 in Courtroom 12D, 500 Pearl Street at 11:00 a.m. . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) [Entry date 02/02/00] Docket as of August 24, 2000 10:02 pm Page 6 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 2/2/00 16 MEMORANDUM OPINION #83431; that for the reasons set forth on this Memorandum Opinion, the Court granted pltffs' motion for a preliminary injunction and entered such an Order on 1/20/00. The foregoing, together with those made on the record on that date, constitute the Court's findings of fact and conclusions of law. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) [Entry date 02/03/00] 3/7/00 17 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 1/20/00. (jp) 3/20/00 18 CONSENT JUDGMENT; pltffs and Kazan hereby stipulate and agree, and the Court hereby Orders, that: Kazan, their agents, servants, etc. are hereby permanently enjoined as set forth in this document. Based upon Kazan's representations and future compliance with this Consent Judgment, Pltffs shall refrain from seeking any monetary relief, including costs or attys' fees, from Kazan in connection with this action; provided, however, Pltffs may reopen these proceedings and seek actual, statutory, or other damages, including costs and attys' fees, incurred in this action, with limiting any other rights or remedies Pltffs' may have, upon a showing by Pltffs that: (a) Kazan has violated this Consent Judgment, including, but not limited, to by failing to disable access to or remove any of the matter prohibited stated in this document with the provision of this Consent Judgment, or (b) that Kazan's representations are inaccurate. Except to the extent modified herein as to Kazan, the preliminary injunction remains in full force and effects as to all remaining defts. ( signed by Judge Lewis A. Kaplan ). Entered On Docket: 3/20/00. (sac) [Edit date 03/21/00] 3/20/00 -- Pretrial Conference held before Judge Lewis A. Kaplan. (sac) [Entry date 04/04/00] 3/21/00 19 Memo endorsed on motion; for an extension of defendant's time in which to filed answer, In view of the agreement at the pretrial conference today, this is dismissed as moot. (signed by Judge Lewis A. Kaplan); Copies mailed. (ri) 3/21/00 20 SCHEDULING ORDER: Joinder of additional parties and amending pleadings cutoff by 5/1/00; completion of all discovery by 10/20/00; service of summary judgment motions by 11/6/00; filing of pretrial order, proposed jury instructions and requested voir dire questions and case ready for trial by 11/6/00; Trial date on 12/5/00. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) Docket as of August 24, 2000 10:02 pm Page 7 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 4/5/00 21 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century; for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion; for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion; Return date not inidicated. Proposed Order attached. (jp) 4/5/00 22 MEMORANDUM OF LAW by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support of [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion (jp) 4/5/00 23 SUPPLEMENTAL DECLARATION of Bruce E. Boyden & Robert W. Schumann, by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support Re: [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion . (jp) 4/10/00 24 STIPULATION and ORDER, that defendants Eric Corley and 2600 Enterprise's time to move or answer with respect to the complaint in the action is adjourned to 4/7/00; That defendant Eric Corley consents to plaintiffs' filing a second amended complaint adding 2600 Enterprises, as an additional defendant to this action; That defendant Eric Corley agrees that 2600 Enterprises is a proper party to this action and that there are no other persons or entities that own, operate or control the 2600.com website; That 2600 Enterprises will be bound by the Court's 1/20/00 Preliminary Injunction Order, and that it has already complied with the terms of such Order. ( signed by Judge Lewis A. Kaplan ) (ri) [Entry date 04/11/00] 4/11/00 25 ANSWER to Amended Complaint by Eric Corley; (Attorney Martin Garbus from the Firm: Frankfurt, Garbus, Klein & Sel). (pl) [Entry date 04/12/00] 4/11/00 26 RULE 1.9 CERTIFICATE filed by Eric Corley . (pl) [Entry date 04/12/00] Docket as of August 24, 2000 10:02 pm Page 8 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 4/14/00 27 STIPULATION and ORDER; defts shall have until 5/3/00 to file any answering memorandum of law and opposing affidavits to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion; reset to 5/3/00 [21-2] motion for an Order, purs. to Rule 15(a) of the FRCP granting leave to amend the complaint as set forth on this motion. Pltffs shall have until 5/17/00 to file their reply memorandum of law and any affidavits in further support of [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion; reset to 5/17/00 [21-2] motion for an Order, purs. to Rule 15(a) of the FRCP granting leave to amend the complaint as set forth on this motion. ( signed by Judge Lewis A. Kaplan ) (sn) 4/14/00 28 CONSENT JUDGMENT; pltffs are willing to enter into this Consent Judgment based upon the truthfulness of the representations of Reimerdes and Leech and their entry into, and full compliance with, this Consent Judgment. Pltffs, Reimerdes and Leech hereby stipulate and agree, and the Court hereby orders, that: Reimerdes and Leech, their agents, servants, etc. are hereby permanently enjoined as stated in this document. Based upon the representations of Reimerdes and Leech contained herein, and their future compliance with this Consent Judgment, Pltffs shall refrain from seeking any further relief in connection with this action, including monetary relief, costs or attys' fees, from Reimerdes or Leech; provided, however, pltffs may reopen these proceedings and seek actual, statutory, or other damages, including costs and attys' fees, incurred in this action, to the extent permitted by law, without limiting any other rights or remedies pltffs may have, upon a showing by pltffs. Except to the extent modified herein as to Reimerdes and Leech, the preliminary injunction remains in full force and effect as to all remaining defts. Reimerdes and Leech shall cooperate with pltffs in connection with all further proceedings in this or any related action. ( signed by Judge Lewis A. Kaplan ) Entered On Docket: 4/17/00. (sac) [Entry date 04/17/00] 4/25/00 29 STIPULATION and ORDER; plaintiffs hereby withdraw that portion of the April 4 motion seeking leave to file the second amended complaint; plaintiffs shall have up to and including 4/27/00 to file the second amended complaint; the parties shall proceed with the briefing on that portion of the April 4 moiton seeking to modify the 1/20/00 order of preliminary injunction in accordance with the schedule set forth in this Court's order dated 4/14/00. ( signed by Judge Lewis A. Kaplan ) (pl) 4/26/00 30 NOTICE OF MOTION by Time Warner to disqualify Frankfurt Garbus Klein & Selz, P.C.; Return date 5/15/00. (cd) Docket as of August 24, 2000 10:02 pm Page 9 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED [Entry date 04/27/00] 4/26/00 31 DECLARATION of katherine Chilton by Time Warner in support Re: [30-1] motion to disqualify Frankfurt Garbus Klein & Selz, P.C. . (cd) [Entry date 04/27/00] 4/26/00 32 MEMORANDUM OF LAW by Time Warner in support of [30-1] motion to disqualify Frankfurt Garbus Klein & Selz, P.C. (cd) [Entry date 04/27/00] 4/27/00 33 SECOND AMENDED COMPLAINT by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century (Answer due 5/17/00 for Eric Corley amending [14-1] amended complaint against Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises; Summons issued. (ri) [Entry date 05/01/00] 4/28/00 -- AMENDED SUMMONS(ES) issued for 2600 Enterprises (jp) [Entry date 05/01/00] 4/28/00 34 Affidavit of service of amended summons and complaint as to Eric Corley by personal svce to Jane Murphy, Legal Assistant at Frankfurt, Garbus, Klein & Selz, P.C. on 4/27/00. Answer due on 5/17/00 for Eric Corley. (djc) [Entry date 05/02/00] 5/2/00 35 NOTICE OF CROSS MOTION by Eric Corley, for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. Return date not indicated. (ri) [Entry date 05/03/00] 5/2/00 36 DECLARATION of Harold Abelson by Eric Corley in opposition to the [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of the [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] 5/2/00 37 DECLARATION of Dave Touretzky by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] Docket as of August 24, 2000 10:02 pm Page 10 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 5/2/00 38 DECLARATION of Andrew W. Appel by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, an in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] 5/2/00 39 DECLARATION of Bruce Fries by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] 5/2/00 40 DECLARATION of Eben Moglen by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] 5/2/00 41 DECLARATION of Bruce Schneier by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) of the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] 5/2/00 42 DECLARATION of Barbara Simons by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] Docket as of August 24, 2000 10:02 pm Page 11 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 5/2/00 43 DECLARATION of Frank Stevenson by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/03/00] 5/2/00 44 DECLARATION of John Young by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) of the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (ri) [Entry date 05/03/00] 5/2/00 -- Telephone Conference held before Judge Lewis A. Kaplan . (jp) [Entry date 05/26/00] 5/3/00 49 DECLARATION of Lewis Kurlantzick by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (ri) [Entry date 05/08/00] 5/3/00 50 DECLARATION of Chris DiBona by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP . (ri) [Entry date 05/08/00] Docket as of August 24, 2000 10:02 pm Page 12 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 5/3/00 51 DECLARATION of John Gilmore by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (ri) [Entry date 05/08/00] 5/3/00 52 DECLARATION of Robin Gross by Eric Corley in opposition to [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion, and in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (ri) [Entry date 05/08/00] 5/4/00 45 BRIEF by 2600 Enterprises, Eric Corley in opposition to re: [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion; in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (sac) [Entry date 05/08/00] 5/4/00 46 DECLARATION of Pamela Samuelson by 2600 Enterprises, Eric Corley in opposition to Re: [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion; in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (sac) [Entry date 05/08/00] 5/4/00 47 DECLARATION of Martin Garbus by 2600 Enterprises, Eric Corley in opposition to Re: [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion; in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (sac) [Entry date 05/08/00] Docket as of August 24, 2000 10:02 pm Page 13 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 5/4/00 48 DECLARATION of Emmanuel Goldstein by 2600 Enterprises, Eric Corley in opposition to Re: [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion, [21-2] motion for an Order, purs. to Rule 15(a) odf the FRCP granting leave to amend the complaint as set forth on this motion; in support of [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (sac) [Entry date 05/08/00] 5/5/00 53 Memo-Endorsement on letter addressed to Judge Kaplan from Margaret E. Smith, dated 5/1/00. Re: requesting the Court's permission to file an amicus brief in support of 2600.com; Any application for leave should be made on notice to all parties and together with the proposed brief. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ri) [Entry date 05/09/00] 5/8/00 54 ORDER TO SHOW CAUSE by Eric Corley, Show Cause Hearing set for 9:30 a.m. on 5/11/00; for an order requiring that the plaintiffs post an appropriate bond pursuant to Rule 65 FRCP; Dismissing the complaint; Immediately determining defendants' and plaintiffs' present motions on the basis of the record now before the Court; Vacating the Order of 1/20/00 and Decision of 2/3/00; Requiring plaintiffs to comply immediately with discovery on the dates and times set forth in defendants' notice of depositions; Imposing approsing appropriate sanctions fees and costs. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (Affidavit of Martin Garbus in support attached) (ri) [Entry date 05/09/00] [Edit date 05/10/00] 5/9/00 55 Affidavit of service of order to show cause with supporting affidavit of Martin Garbus dated 5/8/00 as to Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises by personal service on 5/8/00. (pl) [Entry date 05/10/00] 5/10/00 56 DECLARATION of Carla M. Miller by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in opposition to Re: [54-1] motion for an order requiring that the plaintiffs post an appropriate bond pursuant to Rule 65 FRCP, [54-2] motion Dismissing the complaint, [54-3] motion Immediately determining defendants' and plaintiffs' present motions on the basis of the record now before the Court, [54-4] motion Vacating the Order of 1/20/00 and Decision of 2/3/00, [54-5] motion Requiring plaintiffs to comply immediately with discovery on the dates and times set forth in defendants' notice of depositions, [54-6] motion Imposing approsing appropriate sanctions fees and costs . (pl) [Entry date 05/11/00] Docket as of August 24, 2000 10:02 pm Page 14 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 5/10/00 57 NOTICE OF MOTION by Eric Corley, 2600 Enterprises; for an Order granting leave to file a proposed brief amicus curiae . Return date not indicated. Affidavit of Charles R. Nesson in support of motion attached. Received in night deposit on 5/10/00 at 11:14 p.m. (jp) [Entry date 05/12/00] [Edit date 05/12/00] 5/10/00 58 MEMORANDUM OF LAW by Eric Corley, 2600 Enterprises in support of [57-1] motion for an Order granting leave to file a proposed brief amicus curiae. Received in night deposit on 5/10/00 at 11:14 p.m. (jp) [Entry date 05/12/00] 5/11/00 61 AFFIDAVIT of Richard J. Meislin Re: true and correct copy of an article that first appeared on April 28, 2000 and continues to be posted at web site as noted in this affidavit. (djc) [Entry date 05/15/00] 5/11/00 -- Order to Show Cause hearing Held before Judge Kaplan. (jp) [Entry date 05/26/00] 5/15/00 59 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Leon P. Gold, dated re: requests a ruling relating to discovery issues that we have not been able to resolve with defendants' counsel, Martin Garbus. (djc) 5/15/00 60 Letter filed by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises addressed to Judge Kaplan from EdwardHernstadt, dated 05/11/00, re: defendants request that they be permitted to pursue their cross- motion and have it decided now, rather than wait under a First Amendment injunction until the close of discovery. (djc) 5/15/00 62 ORDER; denying [54-1] motion for an order requiring that the plaintiffs post an appropriate bond pursuant to Rule 65 FRCP denying [54-2] motion Dismissing the complaint; denying [54-3] motion Immediately determining defendants' and plaintiffs' present motions on the basis of the record now before the Court; denying [54-4] motion Vacating the Order of 1/20/00 and Decision of 2/3/00; denying [54-6] motion Imposing approsing appropriate sanctions fees and costs; defendants' motion for sanctions and other relief is denied in all respects save those that address the location of depositions of MPAA personnel and the propriety of plantiffs' insistence on defendants' foreswearing of opening depositions following document production, which are resolved as indicated above. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) [Edit date 05/17/00] 5/15/00 63 ORDER; the motion of Charles R. Nesson, Esq. for leave to file a brief amicus curiae is granted; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf) Docket as of August 24, 2000 10:02 pm Page 15 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 5/15/00 64 DECLARATION of Martin Garbus/Attorney for Frankfurt Garbus Klein & Selz in opposition Re: [30-1] motion to disqualify Frankfurt Garbus Klein & Selz, P.C. . (cd) [Entry date 05/16/00] 5/15/00 65 MEMORANDUM OF LAW in opposition to [30-1] motion to disqualify Frankfurt Garbus Klein & Selz, P.C. (cd) [Entry date 05/16/00] 5/15/00 66 Reply affidavit of Martin Garbus by Eric Corley, 2600 Enterprises in support of [54-1] motion for an order requiring that the plaintiffs post an appropriate bond pursuant to Rule 65 FRCP, [54-2] motion Dismissing the complaint (cd) [Entry date 05/16/00] 5/18/00 67 ANSWER to Second Amended Complaint by Eric Corley, 2600 Enterprises (Attorney Martin Garbus from the Firm: Frankfurt Garbus Klein & Selz). (cd) [Entry date 05/19/00] 5/18/00 68 DECLARATION of Emmanuel Goldstein by Eric Corley in opposition Re: [30-1] motion to disqualify Frankfurt Garbus Klein & Selz, P.C. . (cd) [Entry date 05/19/00] 5/23/00 69 MEMORANDUM OPINION #83990, denying [30-1] motion to disqualify Frankfurt Garbus Klein & Selz, P.C. The proper place for this controversy is in the appropriate professional disciplinary body. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ri) [Edit date 05/24/00] 5/23/00 70 DECLARATION of John Schulman, Esq. by Time Warner in support Re: pltff time Warner Entertainment Company L.P.'s motion to disqualify Frankfurt, Garbus, Klein, & Selz, P.C. (lf) [Entry date 05/24/00] 5/23/00 71 DECLARATION of Nils Victor Montan, Esq. by Time Warner in support Re: Pltff Time Warner Entertainment Company L.P.'s motion to disqualify Frankfurt, Garbus, Klein, & Selz, P.C. (lf) [Entry date 05/24/00] 5/23/00 72 REPLY MEMORANDUM by Time Warner in further support re: pltff Time Warner Entertainment Company's motion to disqualify Frankfurt, Garbus, Klein, & Selz, P.c. (lf) [Entry date 05/24/00] Docket as of August 24, 2000 10:02 pm Page 16 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 5/26/00 73 ORDER; plaintiffs shall present their position by means of a motion for a protective order and members of the media wishing to be heard on these matters shall move for leave to intervene for that purpose and, at the same time, move for whatever substantive relief they care to seek. Any motions should be served promptly. The parties are to work out a briefing schedule, one element of which shall be that all papers in support or in opposition to such motions shall be filed within the Court no later than 6/2/00 at 4:00; the Court shall hear argument on 6/6/00 at 4:30 p.m.; plantiffs' counsel is directed promptly to serve a copy of this order on the two newspapers that have communicated with the court on this subject, the New York Observer and the Village Voice. ( signed by Judge Lewis A. Kaplan ); Copies (pl) 5/31/00 74 NOTICE OF MOTION by Margaret E. Smith for an order, for leave to file the proposed brief amicus curiae; Return date 7/21/00. Affidavit in support attached. (sac) [Entry date 06/02/00] 5/31/00 75 MEMORANDUM OF LAW in support of [74-1] motion for an order, for leave to file the proposed brief amicus curiae. (sac) [Entry date 06/02/00] 6/2/00 76 NOTICE OF MOTION to intervene by Newsday, Inc. in this proceeding for the purpose of asserting its rights to oppose pltffs' motion for protective order to the extent that it seeks to exclude the press from the depositions and/or seal the depositions of representatives of pltffs or the MPAA, and to the extent that it requests that the Court enter an extraordinarily broad confidentiality stipulation. Return date 6/2/00. (sn) [Entry date 06/05/00] 6/2/00 77 RULE 1.9 CERTIFICATE filed by Newsday, Inc. (sn) [Entry date 06/05/00] 6/2/00 78 MEMORANDUM OF LAW by Newsday, Inc. in opposition to motion for protective order and to exclude members of the news media from depositions. (sn) [Entry date 06/05/00] 6/2/00 79 NOTICE OF MOTION by Eric Corley, 2600 Enterprises for leave to file the proposed brief amicus curiae. No return date indicated. (sn) [Entry date 06/05/00] 6/2/00 79 DECLARATION of Pamela Samuelson by Eric Corley, 2600 Enterprises Re: [79-1] motion for leave to file the proposed brief amicus curiae. (sn) [Entry date 06/05/00] 6/2/00 80 DECLARATION of John Young by Eric Corley, 2600 Enterprises in opposition to pltffs' motion for a protective order. (sn) [Entry date 06/05/00] Docket as of August 24, 2000 10:02 pm Page 17 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 6/2/00 81 BRIEF of Professor Pamela Samuelson by Eric Corley, 2600 Enterprises as amicus curiae in support of defts Eric Corley a/k/a "Emmanuel Goldstein" and 2600 Enterprises. (sn) [Entry date 06/05/00] 6/2/00 82 DECLARATION of Martin Garbus by Eric Corley, 2600 Enterprises in opposition to pltffs' motion for a protective order. (sn) [Entry date 06/05/00] 6/2/00 83 MEMORANDUM OF LAW by Eric Corley, 2600 Enterprises in opposition to pltffs' motion for a protective order. (sn) [Entry date 06/05/00] 6/2/00 84 NOTICE OF CROSS MOTION to intervene by Village Voice Media for the limited purpose of opposing pltffs' motion for a protective order as set forth in this motion. No return date indicated. Declaration of Jeff Howe in support attached. (sn) [Entry date 06/05/00] 6/2/00 85 MEMORANDUM OF LAW by Village Voice Media in support of [84-1] cross motion to intervene by Village Voice Media for the limited purpose of opposing pltffs' motion for a protective order as set forth in this motion. (sn) [Entry date 06/05/00] 6/2/00 90 MEMORANDUM OF LAW by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in opposition to cross-motion to vacate the preliminary injunction. Received in night deposit on 6/2/00 at 11:27 p.m.. (jp) [Entry date 06/06/00] 6/2/00 91 REPLY MEMORANDUM by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century re: [54-1] motion for an order requiring that the plaintiffs post an appropriate bond pursuant to Rule 65 FRCP, [54-2] motion Dismissing the complaint, [54-3] motion Immediately determining defendants' and plaintiffs' present motions on the basis of the record now before the Court, [54-4] motion Vacating the Order of 1/20/00 and Decision of 2/3/00, [54-5] motion Requiring plaintiffs to comply immediately with discovery on the dates and times set forth in defendants' notice of depositions, [54-6] motion Imposing approsing appropriate sanctions fees and costs (jp) [Entry date 06/06/00] 6/2/00 91 REPLY MEMORANDUM by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in further support of pltffs motion to modify the 1/20/00 Order of Preliminary Injunction. Received in night deposit on 6/2/00 at 11:26 p.m. (jp) [Entry date 06/06/00] Docket as of August 24, 2000 10:02 pm Page 18 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 6/2/00 92 DECLARATIONS of Shumann, Gold, Fisher, Gronich, Hoy and Boyden, filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support of pltffs' motion to modify and in opposition to defts' cross-motion to vacate, the 1/20/00 Order of Preliminary Injunction. Received in night deposit on 6/2/00 at 11:27 p.m. (jp) [Entry date 06/06/00] 6/5/00 86 NOTICE OF MOTION by Eric Corley; for an order for Karen Coyle to file amicus brief; w/ attch. affidavit in support by Karen Coyle; Return date: not indicated. (pl) [Entry date 06/06/00] 6/5/00 87 MEMORANDUM OF LAW by Eric Corley in support of [86-1] motion for an order for Karen Coyle to file amicus brief. (pl) [Entry date 06/06/00] 6/5/00 88 BRIEF by Karen Corley in support of re: [86-1] motion for an order for Karen Coyle to file amicus brief (pl) [Entry date 06/06/00] 6/5/00 89 Memo-Endorsement on letter addressed to Judge Kaplan from Edward Hernstadt, dated 5/30/00. denying defendants requests that the hearing on the protective order sought by plaintiffs be moved to 6/5/00 @4:30. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) [Entry date 06/06/00] 6/5/00 93 CONFIDENTIALITY STIPULATION and PROTECTIVE ORDER; regarding procedures that will govern the handling of "Confidential Materials". ( signed by Judge Lewis A. Kaplan ) (pl) [Entry date 06/06/00] 6/5/00 94 ORDER granting [86-1] motion for an order for Karen Coyle to file amicus brief; granting [79-1] motion for leave to file the proposed brief amicus curiae; granting [74-1] motion for an order, for leave to file the proposed brief amicus curiae. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) [Entry date 06/07/00] 6/5/00 95 Memo-Endorsement on letter addressed to Judge Kaplan from Brian Kempner, dated 5/30/00; Re: denying without prejudice to the filing of [76-1] motion to intervene by Newsday, Inc. in this proceeding for the purpose of asserting its rights to oppose pltffs' motion for protective order to the extent that it seeks to exclude the press from the depositions and/or seal the depositions of representatives of pltffs or the MPAA, and to the extent that it requests that the Court enter an extraordinarily broad confidentiality stipulation. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) [Entry date 06/07/00] [Edit date 06/07/00] 6/5/00 -- Telephone Conference held before Judge Lewis A. Kaplan . (jp) [Entry date 06/30/00] Docket as of August 24, 2000 10:02 pm Page 19 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 6/6/00 96 Memo endorsed on motion to file an amicus curaie brief; granting leave to file the proposed brief amicus curiae of The Observer ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) [Entry date 06/07/00] [Edit date 06/08/00] 6/6/00 98 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century for a protective order, purs. to Rule 26(c), F.R.C.P. (a) precluding outsiders to the litigation, including members of the press or news organizations from attending depositions; (b) precluding defts from posting to the Internet all or any portion of depositions of individual representatives of pltffs or the MPAA; and (c) precluding defts from publicly disclosing documents and information obtained through discovery, which pltffs have designated, under the Confidentiality Stipulation previously agreed to, as "Confidential" or for "Attorneys Eyes Only". Return date 6/2/00. Declaration of Kenneth A. Jacobsen in support attached. (sn) [Entry date 06/09/00] 6/6/00 99 MEMORANDUM OF LAW by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support of [98-1] motion for a protective order, purs. to Rule 26(c), F.R.C.P. (a) precluding outsiders to the litigation, including members of the press or news organizations from attending depositions; (b) precluding defts from posting to the Internet all or any portion of depositions of individual representatives of pltffs or the MPAA; and (c) precluding defts from publicly disclosing documents and information obtained through discovery, which pltffs have designated, under the Confidentiality Stipulation previously agreed to, as "Confidential" or for "Attorneys Eyes Only". (sn) [Entry date 06/09/00] 6/6/00 100 REPLY MEMORANDUM by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support re: [98-1] motion for a protective order, purs. to Rule 26(c), F.R.C.P. (a) precluding outsiders to the litigation, including members of the press or news organizations from attending depositions; (b) precluding defts from posting to the Internet all or any portion of depositions of individual representatives of pltffs or the MPAA; and (c) precluding defts from publicly disclosing documents and information obtained through discovery, which pltffs have designated, under the Confidentiality Stipulation previously agreed to, as "Confidential" or for "Attorneys Eyes Only". (sn) [Entry date 06/09/00] 6/6/00 -- Oral argument held before Judge Lewis A. Kaplan, on 6/6/00. (sac) [Entry date 07/13/00] Docket as of August 24, 2000 10:02 pm Page 20 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 6/8/00 97 DECLARATIONS of Robert W. Schumann; Leon Gold; Franklin M. Fisher; Daphne Gronich; John J. Hoy; and Bruce E. Boyden by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in further support Re: [21-1] motion for an Order, purs. to FRCP Rule 65, modifying this Court's Preliminary injunction Order, dated 1/20/00, by adding the information set forth on this motion; and in opposition to [35-1] cross motion for an order vacating this Court's 1/20/00 order issuing a preliminary injunction pursuant to Rule 65 FRCP. (sn) [Entry date 06/09/00] 6/8/00 -- Pretrial Conference held before Judge Lewis A. Kaplan. (sac) [Entry date 07/13/00] 6/9/00 101 ORDER, the motions of The Times Mirror Co, Village Voice Media,and Mike Godwin for leave to intervene for the purpose of opposing plntfs' motion for a protective order are granted. The motion of Declan McCullagh to intervene for that purpose is denied; plntfs' motion for a protective order is granted to the extent that outsiders to the litigation, including members of the press or new organizations, are precluded from attending depositions as further set forth in this document; the confidentiality stipulation is modified as further set forth in this document ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) [Entry date 06/12/00] 6/13/00 102 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century to protect privileged communications and attorney work product as further set forth in this document; Return date not indicated; attached are papers in support (cd) [Entry date 06/14/00] 6/13/00 103 MEMORANDUM OF LAW by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in support of [102-1] motion to protect privileged communications and attorney work product as further set forth in this document . (cd) [Entry date 06/14/00] 6/13/00 104 NOTICE OF MOTION by Eric Corley, 2600 Enterprises for leave to file the proposed brief amicus curiae. No return date indicated. Declartion of Yochai Benkler attached. (sn) [Entry date 06/16/00] 6/15/00 105 REPLY BRIEF by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises in support of Re: motion to vacate the injunction. (pl) [Entry date 06/20/00] Docket as of August 24, 2000 10:02 pm Page 21 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 6/15/00 106 REPLY DECLARATION by Eric Corley in support of Re: Defendants' cross-motion to vacate the Preliminary Injunction. (pl) [Entry date 06/20/00] 6/16/00 107 SEALED DOCUMENT placed in vault. (afo) [Entry date 06/20/00] 6/16/00 108 AFFIDAVIT of Siva Vaidhyanathan by Eric Corley in support of [104-1] motion for leave to file the proposed brief amicus curiae (cd) [Entry date 06/20/00] 6/21/00 111 Reply DECLARATIONS of Mark Litvack and Robert G. Sugarman by plaintiffs in support of Re: [102-1] motion to protect privileged communications and attorney work product as further set forth in this document. (Received in the night deposit box on 6/21/00 at 9:56 p.m.) (kw) [Entry date 06/23/00] 6/21/00 112 REPLY MEMORANDUM by plaintiffs in support of re: [102-1] motion to protect privileged communications and attorney work product as further set forth in this document. (Recieved in the night deposit box on 6/21/00 at 9:56 p.m.) (kw) [Entry date 06/23/00] 6/22/00 109 ORDER; granting [104-1] motion for leave to file the proposed brief amicus curiae; (signed by Judge Lewis A. Kaplan); Copies mailed. (djc) 6/22/00 110 ORDER, that the parties shall submit witness and exhibit lists not later than 4:30 p.m. on 7/10/00. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ri) 6/23/00 113 Reply Declaration of Matthew Pavolich by Eric Corley in support of defts' cross-motion to vacate preliminary injunction (lf) [Entry date 06/26/00] 6/26/00 114 ORDER, plntfs shall submit the privilege logs and documents as to which attorney-client privilege or work product protection is claimed for in camera inspection as promptly as possible ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) [Entry date 06/27/00] [Edit date 06/28/00] 6/26/00 115 MEMORANDUM OF LAW by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises in opposition to [102-1] motion to protect privileged communications and attorney work product as further set forth in this document . (jp) [Entry date 06/27/00] 6/26/00 116 DECLARATION of Edward Hernstadt by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises in support Re: [115-1] opposition memorandum . (jp) [Entry date 06/27/00] 6/26/00 117 REPLY DECLARATION of Chris Moseng by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises in support Re: [115-1] opposition memorandum . (jp) [Entry date 06/27/00] Docket as of August 24, 2000 10:02 pm Page 22 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 6/26/00 118 DECLARATION of Andrew Stevenson by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises in support Re: [115-1] opposition memorandum . (jp) [Entry date 06/27/00] 6/27/00 119 ORDER, that at or before 4 p.m. on 6/27/00 plaintiffs shall provide the Court with a list setting forth the name of each person whom they have deposed, the date or dates of such deposition, and the number of pages filed by the transcript thereof; Defendants shall provide the Court with a list setting forth the name of each person whom they have deposed, the date or dates of such deposition, and the number of pages filled by the transcript thereof. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ri) 6/27/00 -- Pretrial Conference held before Judge Lewis A. Kaplan . (jp) [Entry date 06/30/00] 6/28/00 120 DECLARATION of Edward Hernstadt by Eric Corley, 2600 Enterprises Re: in accordance with the Court's Order of 6/27. (sac) [Entry date 06/29/00] 6/29/00 121 Memo-Endorsement on letter addressed to Jduge Kaplan from Edward Hernstadt, dated 6/28/00; denying defts' request that the Court order the Clerk of the Court to correct the caption leaving the names of Eric Corley a/k/a "Emmanuel Goldstein" and 2600 Enterprises, Inc. as the sole defts in this case ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) [Entry date 06/30/00] [Edit date 07/05/00] 6/29/00 -- Telephone Conference held before Judge Lewis A. Kaplan . (jp) [Entry date 06/30/00] 6/30/00 -- Telephone Conference held before Judge Lewis A. Kaplan. (sac) [Entry date 07/13/00] 7/10/00 122 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of May 2, 2000. (djc) 7/10/00 123 Letter filed addressed to Judge Kaplan from Martin Garbus, dated 7/5/00, re: a request for a brief extension of discovery to 9/18/00 and the trial to 10/16/00; docket as per chmbrs. (lf) [Entry date 07/11/00] 7/10/00 124 Letter filed addressed to Judge Kaplan from Leon P. Gold, dated 7/6/00, re: responding to the defts' most recent motion to adjourn the trial date in this action; docket as per chmbrs. (lf) [Entry date 07/11/00] 7/10/00 125 ORDER, defts' latest application to adjourn the trial, made by letter dated 7/5/00, is denied as further set forth in this document ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) [Entry date 07/11/00] Docket as of August 24, 2000 10:02 pm Page 23 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/10/00 126 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 5/11/00. (pl) [Entry date 07/11/00] 7/11/00 127 ORDER; that pltffs' [98-1] motion for a protective order with respect to privilged documents is granted with respect to the documents submitted for in camera inspection on 7/10/00 exception as to the documents listed on the schedule attached to this Order. Pltffs have failed to establish a burden for a protective order with respect to the documents there listed. In view of the arrangements for the handling of allegedly privileged documents that were no then so submitted, described in this Order, the motion is otherwise denied without prejudice to renew at trial. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) [Entry date 07/12/00] 7/11/00 -- Telephone Conference held before Judge Lewis A. Kaplan. (sac) [Entry date 07/13/00] 7/12/00 128 ORDER; that the Court has reviewed the papers on plaintiffs' motion to expand the preliminary injunction to cover linking and defendants' cross-motion to vacate the preliminary injunction. The latter obviously raises issues of fact that must be explored by an evidentiary proceeding. The resolution of the former would benefit from such a proceeding. Accordingly, both motions are consoldiated with the trial on the merits. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) [Edit date 07/13/00] 7/12/00 -- Pretrial Conference held before Judge Lewis A. Kaplan. (sac) [Entry date 07/13/00] [Edit date 07/13/00] 7/12/00 166 ORDER (CORRECTED), granting in part, denying in part pltffs' [102-1] motion to protect privileged communications and attorney work product as further set forth in this document; pltffs' motion for a protective order with respect to privileged documents is granted with respect to the documents submitted for in camera inspection on 7/10/00 except as to the documents listed on the attached schedule; the motion is otherwise denied without prejudice to renewal at trial (signed by Judge Lewis A. Kaplan ); Copies mailed. (lam) [Entry date 07/14/00] [Edit date 07/17/00] 7/13/00 129 Letter filed by Frankfurt Garbus Klien & Selz P.C. addressed to Kaplan from Hal R. Lieberman, dated 5/1/00; Re: this letter is in response to pltffs' letter to your Honor dated 4/28/00, which seeks to adjourn all depositions in this action until Time Warner's motion to disqualify is decided. (sac) 7/13/00 130 Letter filed Martin Garbus addressed to Judge Kaplan, dated 5/1/00; Re: counsel enclosed the following documents as set forth in this letter. (sac) Docket as of August 24, 2000 10:02 pm Page 24 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/13/00 131 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Martin Garbus, dated 5/8/00; Re: defts present the annexed order to show cause. (sac) 7/13/00 132 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Nancy Kilson, dated 5/12/00; Re: pltffs strenuously object to this request from Brian Kemper, President and General Counsel of the N.Y. Observer, for leave to attend the depositions of the pltffs, the MPAA and Jack Valenti in this action. (sac) 7/13/00 133 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 5/12/00; Re: this letter is in response to Ms. Kilson's letter dated 5/12/00. (sac) 7/13/00 134 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Nancy Kilson, dated 5/12/00; Re: this letter is in response to Mr. Hernstadt's 5/11/00 letter to the Court, in which he requests that the Court deny pltffs' request that the Court defer the deadline for submission of pltffs' reply brief and their answering brief from 5/17 until 6/14/00. (sac) 7/13/00 135 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 5/25/00; Re: defts respectfully request that the Court issue and Order modifying 6(c) of the Stipulation of Confidentiality to provide that designations "shall be made...within 5 days" rather than 15 business days; and respectfully request that the Court Order that designations of Confidential or Outside Counsel's eyes only shall be made strictly and only in accordance with the provisions of the Stipulation of Confidentiality, and that the Court reject pltffs' application for a protective order. (sac) 7/13/00 136 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 5/25/00; Re: counsel writes further to his letter of this morning. (sac) 7/13/00 137 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 5/29/00; Re: defts respectfully request that the Court direct the pltffs to narrow thier invocation of the atty-client and work-product privileges. (sac) Docket as of August 24, 2000 10:02 pm Page 25 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/13/00 138 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Scott P. Cooper, dated 5/31/00; Re: this letter is in response to 5/29 letter of Edward Hernstadt, in which he requests a discovery conf. (sac) 7/13/00 139 Letter filed by Martin Garbus addressed to Judge Kaplan, dated 6/1/00; Re: request adjournment of the 7/17/00 trial date. (sac) [Edit date 07/13/00] 7/13/00 140 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Leon P. Gold, dated 6/6/00; Re: in response to the letter from defts' counsel, Martin Garbus, dated 6/1/00, in which defts have requested an adjournment of the 7/17/00 trial date in this action. (sac) 7/13/00 141 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Martin Garbus, dated 6/6/00; Re: in response to pltffs' letter of 6/6. (sac) 7/13/00 142 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 6/8/00; Re: in response to pltffs' letter to the Court dated 6/6/00, in order to set the record straight on some of the inaccuracies contained therein. (sac) 7/13/00 143 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 6/22/00; Re: defts are compelled by the potential absence of a hearing on this action to briefly address a significant misstatement made therein. (sac) 7/13/00 144 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 6/23/00; Re: defts write in connection to the Court's scheduling Order dated 6/22/00. (sac) 7/13/00 145 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 6/23/00; Re: counsel for defts write further with regard to pltffs' pending motion for a protective order on grounds of alleged privilege in order clearly to refute pltffs' wrongful assertion that defts' silence on matters as to which no information has been provided, and on which pltffs have the burden, constitutes some kind of concession obviating the need for proof on their part. (sac) Docket as of August 24, 2000 10:02 pm Page 26 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/13/00 146 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 6/26/00; Re: defts write further to their letter to Your Honor of this afternoon. (sac) 7/13/00 147 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan, dated 6/26/00; Re: pltffs request permission to make the discovery motion. (sac) [Edit date 07/13/00] 7/13/00 148 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Leon P. Gold, dated 6/26/00; Re: pltffs respectfully request that the Court deny defts' most recent attempt to delay the trial of this action. (sac) 7/13/00 149 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan, dated 6/26/00; Re: pltffs write in response to the two letters from defts' counsel dated 6/22&23/00 in unauthorized sur-reply to pltffs' reply brief in support of their motion for an order protecting atty client privileged communications atty work product from discovery. (sac) 7/13/00 150 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 6/26/00; Re: defts write in connection with pltffs' letter to the Court dated 6/26/00, regarding the discovery period. (sac) 7/13/00 151 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Charles S. Sims, dated 6/27/00; Re: pltffs' write in response to your Order inquiring into depositions taken by pltffs in this action. (sac) 7/13/00 152 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan from Edward Hernstadt, dated 6/27/00; Re: defts write in connection with pltffs' letter to the Court dated 6/23/00 regarding the deposition of Michael Eisner. (sac) 7/13/00 153 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Leon P. Gold, dated 6/30/00; Re: pltffs do not wish to depose witnesses at all if they are not actually going to appear at the trial. (sac) Docket as of August 24, 2000 10:02 pm Page 27 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED [Edit date 07/13/00] 7/13/00 154 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Charles S. Sims, dated 6/30/00; Re: counsel writes with pltffs' views concerning the resolution of the pending privilege issues. (sac) 7/13/00 155 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Leon P. Gold, dated 7/5/00; Re: pltffs write to request a ruling relating to document discovery issues that we have not been able to resolve with defense counsel. (sac) 7/13/00 156 Letter filed by Eric Corley, 2600 Enterprises addressed to Judge Kaplan, dated 7/7/00; Re: counsel informs Your Honor with respect to the documents which, purs. to this Court's Order, pltffs are permitted to continue to withhold from defts on grounds of privilege and/or work product. (sac) 7/13/00 157 Letter filed by Eric Corley, Shawn C. Reimerdes addressed to Judge Kaplan from Martin Garbus, dated 7/10/00; Re: counsel for defts advises the Court on the 2600.com hard drive issue. (sac) 7/13/00 158 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Charles S. Sims, dated 7/10/00; Re: counsel writes in response to the defts' 7/7 letter from Mr. Hernstadt, which restated, yet again, defts' request for an adjournment of the trial and asks the Court to "issue an order addressing" its concern. (sac) 7/13/00 159 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Charles S. Sims, dated 7/11/00; Re: counsel writes in response to Mr. Garbus' letter of 7/10, which sheds no useful light on the subjects it addresses but is inaccurate in important respects that warranted a response. (sac) 7/13/00 160 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Leon P. Gold, dated 7/12/00; Re: enclosed fing pltffs' witness list & exhibit list. (sac) 7/13/00 161 SEALED DOCUMENT placed in vault. (da) Docket as of August 24, 2000 10:02 pm Page 28 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/13/00 162 ORDER, The Clerk shall file and docket the transcript of the deposition of Jack Valenti. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (ri) 7/13/00 163 Transcript of record for the deposition of Jack Valenti for the date of 6/6/00. (ri) 7/13/00 164 Letter filed by Eric Corley addressed to Judge Kaplan from Martin Garbus, dated 7/11/00, re: counsel has seen the recent exchange of correspondence and finds personal name calling awful. Counsel prefers not to respond to additional correspondence unless the Court directs otherwise. (Docket and file as per chambers) (sn) [Entry date 07/14/00] 7/13/00 165 Letter filed addressed to Judge Kaplan from Charles S. Sims, (counel to plaintiffs), dated 07/12/00; Re: responding to letter from David Altas, co-counsel for defendants (djc) [Entry date 07/14/00] 7/13/00 167 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century; in limine to preclude defts' evidence regarding reverse engineering and encryption research; Return date not indicated; recv'd. in Night Deposit Mail on 7/13/00 at 5:27 p.m. (lf) [Entry date 07/14/00] [Edit date 07/14/00] 7/13/00 168 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in limine to exclude evidence relating to the existence and feasibility of copying and piracy vel non; Return date not indicated; recv'd. in Night Deposit Mail on 7/13/00 at 5:26 p.m. (lf) [Entry date 07/14/00] 7/13/00 169 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in limine to exclude evidence on fair use; Return date not indicated; recv'd. in Night Deposit Mail on 7/13/00 at 5:26 p.m. (lf) [Entry date 07/14/00] 7/13/00 170 ORDER; granting [74-1] motion for an order, for leave to file the proposed brief amicus curiae . ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) [Entry date 07/14/00] 7/14/00 171 ORDER; that the court will hear opening statements, not to exceed 15 minutes on each side. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (pl) [Entry date 07/17/00] Docket as of August 24, 2000 10:02 pm Page 29 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/14/00 181 Letter filed by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century addressed to Judge Kaplan from Leon P. Gold, dated 7/12/00; Re: pltffs respectfully request that the Court quash the subpoenas that defts improperly and untimely served. (sac) [Entry date 07/17/00] 7/14/00 183 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century to protect privileged communications and atty work product. With declaration in support by Leon P. Gold, Fritz Attaway, Karen Elliott, Michelle Francis, Gregory P. Goeckner, David Kaplan, Anat Levy, Mark Litvack, Michael Smarinsky, Vicki R. Solmon, and Jacob M. Yellin attached. Return date not indicated. (lam) [Entry date 07/17/00] 7/14/00 184 Letter filed by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises addressed to Judge Kaplan from Martin Garbus, dated 7/10/00, re: defendants recusal and preference to make an opening on Monday. (pl) [Entry date 07/17/00] 7/14/00 186 NOTICE OF MOTION by San Jose Mercury News; for an order for leave to join as amicus curiae in the brief filed by Margaret E. Smith, Fellow with the Berkman Ctr. for Internet & Society at Harvard Law School, and in the brief filed by charles R. Nesson, William F. Weld Professor of Law at Harvard Law School and Director of the Berman Ctr. of Internet & Society; Return date: not indicated. (pl) [Entry date 07/17/00] 7/14/00 187 AFFIDAVIT of Judy Alexander in support of [186-1] motion for an order for leave to join as amicus curiae in the brief filed by Margaret E. Smith, Fellow with the Berkman Ctr. for Internet & Society at Harvard Law School, and in the brief filed by charles R. Nesson, William F. Weld Professor of Law at Harvard Law School and Director of the Berman Ctr. of Internet & Society . (pl) [Entry date 07/17/00] 7/14/00 175 NOTICE OF MOTION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century; for an Order granting leave to Scott P. Cooper to appear pro hac vice as counsel for pltffs. Return date not indicated. Declaration of Scott P. Cooper in support of motion, as well as proposed order attached. (jp) [Entry date 07/20/00] Docket as of August 24, 2000 10:02 pm Page 30 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/14/00 172 NOTICE OF MOTION by Eric Corley; for an Order inter alia purs. to 28 U.S.C. 455(a) and (b)(2) and 28 U.S.C. 144, disqualifying Judge Lewis A. Kaplan from sitting on this case and immediately designating another trial judge; Return date not indicated. (jp) [Entry date 07/21/00] 7/14/00 173 MEMORANDUM OF LAW by Eric Corley in support of [172-1] motion for an Order inter alia purs. to 28 U.S.C. 455(a) and (b)(2) and 28 U.S.C. 144, disqualifying Judge Lewis A. Kaplan from sitting on this case and immediately designating another trial judge . (jp) [Entry date 07/21/00] 7/14/00 174 AFFIDAVIT and Certification of good faith of Martin Garbus by Eric Corley Re: [172-1] motion for an Order inter alia purs. to 28 U.S.C. 455(a) and (b)(2) and 28 U.S.C. 144, disqualifying Judge Lewis A. Kaplan from sitting on this case and immediately designating another trial judge . (jp) [Entry date 07/21/00] 7/17/00 176 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 6/6/00 at 4:40 p.m.. (kg) 7/17/00 177 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 6/8/00 at 4:30 p.m.. (kg) 7/17/00 178 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 6/27/00 at 4:00 p.m.. (kg) 7/17/00 179 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 7/11/00 at 11:00 a.m.. (kg) 7/17/00 180 Transcript of record of proceedings before Judge Lewis A. Kaplan for the date(s) of 7/12/00 ay 2:15 p.m.. (kg) 7/17/00 182 Memo-Endorsement on copy of letter addressed to Judge Kaplan from Charles S. Sims, dated 07/12/00; granting counsel's request for permission to bring into the courthouse video and computer equipment for use in connection with the trial of this matter through the trial; (signed by Judge Lewis A. Kaplan); Copies mailed. (djc) [Edit date 07/18/00] Docket as of August 24, 2000 10:02 pm Page 31 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/17/00 185 ORDER; that pltff Time Warner Entertainment Company, L.P. ("TWE") is directed to submit a factual response to so much of defts' motion to recuse Judge Kaplan as rests on the allegation that Mr. Rabinowitz, while Judge Kaplan was a member of Paul, Weissm represented or counseled Warner Bros. in connection with the matter here at issue. The response shall address when any such consultation or representation began and the general nature thereof prior to 8/22/94, the date on which Judge Kaplan retired from the firm. Nothing herein shall be construed as directing said pltff to disclose any privileged matter; Mr. Garbus shall submit an affidavit addressing the question whether the quoted portion of his 7/14/00 affidavit is inaccurate in any way and, if so, explaining how the inaccuracy occurred. Mr. Hernstadt shall submit an affidavit addressing the question whether he knew prior to 7/10/00 "of Paul, Weiss's involvement...with Warner Bros."; any submissions purs. to this Order shall be delivered to Chambers on Monday, 7/17/00, before 8:45 a.m. if possible. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) 7/17/00 188 OPINION #84218, denying [172-1] motion for an Order inter alia purs. to 28 U.S.C. 455(a) and (b)(2) and U.S.C. 144, disqualifying Judge Lewis A. Kaplan from this case and immediately designating another trial. Defts cannot be permitted to parlay a baseless attack on the judge into the delay they seek. Nor are they entitled to use such an attack in an effort to avoid a judge before whom, for whatever reason, they would prefer not to proceed ( signed by Judge Lewis A. Kaplan ); Copies mailed. (cd) [Entry date 07/21/00] 7/17/00 -- Bench trial begun before Judge Lewis A. Kaplan . (jp) [Entry date 07/27/00] 7/18/00 189 MEMORANDUM OF LAW by Eric Corley, 2600 Enterprises in opposition to [169-1] motion in limine to exclude evidence on fair use, [168-1] motion in limine to exclude evidence relating to the existence and feasibility of copying and piracy vel non, [167-1] motion in limine to preclude defts' evidence regarding reverse engineering and encryption research. (ri) [Entry date 07/19/00] 7/18/00 -- Bench trial held before Judge Lewis A. Kaplan . (jp) [Entry date 07/27/00] 7/19/00 190 ORDER; all pending motions for leave to file briefs amici curiae are granted; ptffs' motion for leave for Scott P. Cooper to appear pro hac vice is granted; ( signed by Judge Lewis A. Kaplan ); Copies mailed; forwarded orig. doc. to Attny. Admissions Clerk (lf) Docket as of August 24, 2000 10:02 pm Page 32 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/19/00 191 Letter filed by Eric Corley addressed to Judge Kaplan from Edward Hernstadt, dated 07/14/00, re: in response to plaintiffs' letter of even date; defendants have no objection to the plaintiffs using either the jury or the witness room so long as similar facilities are available to the defendants. (djc) [Entry date 07/20/00] 7/19/00 192 Letter filed by Eric Corley addressed to Judge Kaplan from Martin Garbus, dated 07/15/00; (djc) [Entry date 07/20/00] 7/19/00 193 Letter filed by counsel to plaintiffs, addressed to Judge Kaplan from Charles S. Sims, dated 07/14/00, re: to obtain relief from defendants' continued refusal to be bound by any of the rules or rulings concerning petrial procedure. (djc) [Entry date 07/20/00] 7/19/00 194 AFFIDAVIT of Martin Garbus by Eric Corley; (djc) [Entry date 07/20/00] 7/19/00 195 AFFIDAVIT of Richard Kurnit by Eric Corley (djc) [Entry date 07/20/00] 7/19/00 196 DECLARATION of Edward Hernstadt by Eric Corley (djc) [Entry date 07/20/00] 7/19/00 197 DECLARATION of Martin Garbus by Eric Corley (djc) [Entry date 07/20/00] 7/19/00 198 MEMORANDUM OF LAW by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in opposition to [172-1] motion for an Order inter alia purs. to 28 U.S.C. 455(a) and (b)(2) and 28 U.S.C. 144, disqualifying Judge Lewis A. Kaplan from sitting on this case and immediately designating another trial judge . (djc) [Entry date 07/24/00] 7/19/00 199 DECLARATION by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century in opposition Re: [172-1] motion for an Order inter alia purs. to 28 U.S.C. 455(a) and (b)(2) and 28 U.S.C. 144, disqualifying Judge Lewis A. Kaplan from sitting on this case and immediately designating another trial judge . (djc) [Entry date 07/24/00] 7/19/00 -- Bench trial held before Judge Lewis A. Kaplan . (jp) [Entry date 07/27/00] 7/20/00 200 ORDER, on reconsideration in light of further evidence, set forth in this document, the Court again concludes that recusal on this basis is not required under 28 USC 455. ( Signed by Judge Lewis A. Kaplan ). Copies mailed. (kw) [Entry date 07/21/00] Docket as of August 24, 2000 10:02 pm Page 33 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 7/20/00 201 ORDER; the Court again has considered whether recusal is warranted and again concludes that it is not. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sac) [Entry date 07/21/00] 7/20/00 -- Bench trial held before Judge Lewis A. Kaplan . (jp) [Entry date 07/27/00] 7/21/00 -- Bench trial held before Judge Lewis A. Kaplan . (jp) [Entry date 07/27/00] 7/25/00 -- Bench trial concluded before Judge Lewis A. Kaplan. Briefs due 8/8/00. Judge's decision reserved. (jp) [Entry date 07/27/00] 7/27/00 202 ORDER; defts are to submit to the Court, by 11:30 AM on 7/31/00, all additional exhibits they proposed to offer together with a list identifying each exhibit and indicating as to each whether pltffs object to it and, if so, on what grounds. Counsel on both sides are directed to meet promptly to cooperate in preparing the necessary material. In the event that all disputes regarding defts' proposed exhibits are not resolved by agreement of the parties prior to that time, the Court will hear argument on the remaining objections at 2:15 PM on 7/31/00. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) [Entry date 07/28/00] 7/28/00 203 ORDER; DVD Copy Control Association, Inc. ("CCA" ), has moved to intervene in this action for certain limited purposes; in view of the pendency of that motion, CCA shall file any papers in response to defts' motion no later than 5 p.m. on 8/2/00; said papers shall be received provisionally, i.e., subject to a decision on CCA's motion to intervene; any opposition to CCA's motion to intervene shall be filed no later than 5 p.m. on 8/2/00; ( signed by Judge Lewis A. Kaplan ); Copies mailed. (lf) [Entry date 07/31/00] 7/28/00 204 NOTICE OF MOTION to intervene by DVD Copy Control; Return date not indicated. (djc) [Entry date 07/31/00] 7/28/00 205 DECLARATION of Edward J. Burke by DVD Copy Control in support Re: [204-1] motion to intervene by DVD Copy Control (djc) [Entry date 07/31/00] 7/28/00 206 ORDER; Subsequent to the issuance of the order dated July 27, 2000, the Court received the remaining proposed defendants' exhibits and plaintiff's objections thereto. Having reviewed the materials in question, the Court disposes of the proffer as set forth in this order; ( signed by Judge Lewis A. Kaplan); Copies mailed. (djc) [Entry date 07/31/00] Docket as of August 24, 2000 10:02 pm Page 34 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 8/2/00 207 MEMORANDUM OF LAW by DVD Copy Control in opposition to defts motion to unseal certain documents produced by DVDCCA . (jp) [Entry date 08/03/00] 8/2/00 208 DECLARATION of John J. Hoy by DVD Copy Control made to attest to the amount and nature of negative activity and communications directed towards DVD CCA since it filed suit against individuals posting DeCSS on their websites. (jp) [Entry date 08/03/00] 8/4/00 209 REPLY by Eric Corley, 2600 Enterprises to DVD CCS's opposition to unseal documents. (sn) [Entry date 08/07/00] 8/8/00 210 Memo-Endorsement on letter addressed to Judge Kaplan from Leon P. Gold, dated 8/4/00; granting the parties leave to file a memorandum of law in excess of the 35-page limit; both parties to serve post-trial briefs no longer than 43 pages. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (sn) [Entry date 08/09/00] 8/8/00 211 PLNTFS' BRIEF by Universal City, Paramount Pictures, Metro-Goldwyn-Mayer, Tristar Pictures, Columbia Pictures, Time Warner, Disney Enterprises, Twentieth Century re: remedy and defts' first amendment defense (fld in the night deposit box on 8/8/00 at 6:02 pm) (cd) [Entry date 08/09/00] 8/8/00 212 POST-TRIAL MEMORANDUM OF LAW by Eric Corley, Shawn C. Reimerdes, Roman Kazan, and 2600 Enterprises. (kw) [Entry date 08/10/00] 8/17/00 213 ORDER; granting [204-1] motion to intervene by DVD Copy Control; defts' application for determination is granted to the extent that the Court determines that the names and locations of the licensees and their contact persons identified in Exhibits AOV, AOU, AIZ and AOQ shall remain subject to the confidentiality order. The remaining portions of those exhibits shall not. Their application is otherwise denied. ( signed by Judge Lewis A. Kaplan ); Copies mailed. (jp) 8/17/00 214 Letter filed by Eric Corley, Shawn C. Reimerdes, Roman Kazan, 2600 Enterprises addressed to Judge Kaplan from David Atlas, dated 7/26/00, re: request that the other licensing documents that defendants will be offering as trial exhibits if admitted into evidence, be admitted as part of the public record. (pl) [Entry date 08/18/00] 8/17/00 215 OPINION #84379; for the reasons as set forth in this Opinion, plaintiffs are entitled to appropriate injunctive and declaratory relief; (signed by Judge Lewis A. Kaplan ); Copies mailed. (djc) [Entry date 08/18/00] Docket as of August 24, 2000 10:02 pm Page 35 Proceedings include all events. 1:00cv277 Universal City, et al v. Reimerdes, et al CLOSED 8/17/00 216 FINAL JUDGMENT. The Remaining Defendants, their officers, agents, servants, employees and attorneys and all persons in active concert or participation with them who receive actual notice of this order by personal service or otherwise are be and they hereby are permanently enjoined and restrained as set forth in this Final Judgment. Plaintiffs shall recover of defendants, jointly and severally, their costs as taxed by the Clerk. Plaintiffs' application for an award of attorney's fees purs to the Digital Millennium Copyright Act is denied (signed by Judge Lewis A. Kaplan); Mailed copies and notice of right to appeal. Entered On Docket: 08/18/00. (djc) [Entry date 08/18/00] [Edit date 08/18/00] 8/17/00 -- Case closed. (djc) [Entry date 08/18/00] 8/22/00 217 AMENDED FINAL JUDGMENT; amends: [216-1] judgment order. ( signed by Judge Lewis A. Kaplan ); Mailed copies and notice of right to appeal. Entered on docket: 8/23/00. (sac) [Entry date 08/23/00] 8/24/00 218 MANDATE OF USCA (certified copy) Re: Denied petitioner's writ of mandamus. 00-3053, Roseann B. Mackechnie, Clerk. (sl) [END OF DOCKET: 1:00cv277]