MEMORANDUM OPINION AND ORDER granting 60 Motion for issuance of briefing schedule; denying 70 Motion for privilege log ; denying 75 Motion to Compel; denying 80 Motion to Compel. Signed by Judge Thomas Rawles Jones Jr. on 11/28/07. (ctat, ) Attachment 2ORDER granting application for Vincent James Napoleon to appear Pro hac vice Filing fee paid $ 50, receipt number 100004479. Signed by Judge James C. Cacheris on 11/2/07. (Attachments: # 1 Letter# 2 Receipt)(klau, ) Attachment 1ORDER granting application for Vincent James Napoleon to appear Pro hac vice Filing fee paid $ 50, receipt number 100004479. Signed by Judge James C. Cacheris on 11/2/07. (Attachments: # 1 Letter# 2 Receipt)(klau, ) Attachment 2ORDER granting application for Jerry Robin Selinger to appear Pro hac vice Filing fee paid $ 50, receipt number 100004480. Signed by Judge James C. Cacheris on 11/2/07. (Attachments: # 1 Receipt # 2 Letter)(klau, ) Attachment 1ORDER granting application for Jerry Robin Selinger to appear Pro hac vice Filing fee paid $ 50, receipt number 100004480. Signed by Judge James C. Cacheris on 11/2/07. (Attachments: # 1 Receipt # 2 Letter)(klau, ) ORDER granting application for Vincent James Napoleon to appear Pro hac vice Filing fee paid $ 50, receipt number 100004479. Signed by Judge James C. Cacheris on 11/2/07. (Attachments: # 1 Letter# 2 Receipt)(klau, ) ORDER granting application for Jerry Robin Selinger to appear Pro hac vice Filing fee paid $ 50, receipt number 100004480. Signed by Judge James C. Cacheris on 11/2/07. (Attachments: # 1 Receipt # 2 Letter)(klau, ) Attachment 2ORDER granting application for Steven Jerome Moore to appear Pro hac vice Filing fee paid $ 50, receipt number 100004133. Signed by Judge James C. Cacheris on 10/18/07. (Attachments: # 1 Letter# 2 Receipt)(klau, ) Attachment 1ORDER granting application for Steven Jerome Moore to appear Pro hac vice Filing fee paid $ 50, receipt number 100004133. Signed by Judge James C. Cacheris on 10/18/07. (Attachments: # 1 Letter# 2 Receipt)(klau, ) Attachment 1ORDER granting application for James Edward Nealon to appear Pro hac vice Filing fee paid$ 50, receipt number 100004237. Signed by Judge James C. Cacheris on 10/17/07. (Attachments: # 1 Receipt)(klau, ) Attachment 1ORDER granting application for Shaun Michael Gehan to appear Pro hac vice Filing fee paid $ 50, receipt number 100004167. Signed by Judge James C. Cacheris on 10/16/07. (Attachments: # 1 Receipt)(klau, ) ORDER in accordance w/Memo Opinion Deft Motion to Strike Exhibit E of the Memo in Support of Pltf Motion for Prelim Inj is denied. 33 Motion for Leave to File; 36 Motion for Leave to File; and 39 Motion for Leave to File Amici Curiae Briefs in Support of Pltf Motion for TRO/Preliminary Injunction are granted. Pltf Motion for Preliminary Injunction is granted. Defts are preliminarily enjoined from implementing the Final Rules titled "Changes to Practice for Continued Examination Failings, Patent Applications Containing Patentably Indistince Claims, and Examination of Claims in Patent Applications". Defts are prelimiarily enjoined from issuing new regulations restricting the number of continuing applications, the number of requests for continued examinaation and the number of claims that mey be filed w/the PTO. This Order shall expire upon the entryof a final judgment in this matter unless otherwise ordered by the Court.. Signed by Judge James C. Cacheris on 10/31/07. (jsol, ) AMENDMENT TO JOINT STIPULATION AND CONSENT ORDER REGARDING BRIEFING SCHEDULE that the Court enter the following amendment to the Joint Stipulation and Consent Order by substituting in paragraph 1 and 2 below in lieu of the existing paragraphs, all other terms remaining the same: 1. Plaintiff will file his opposition to Defendants' motion to dismiss dated October 4, 2007 on or before Friday, October 26, 2007. 2. Defendants will file their reply to any opposition by Plaintiff to Defendants' motion to dismiss on or before Wednesday, November 7, 2007 (see order for details). Signed by Judge James C. Cacheris on 10/30/07. (klau, ) ORDER upon consideration of the order of October 17, 2007, and filing of documents in both cases, it is accordingly ORDERED that all future pleading be filed in the lead case 1:07cv846 and the docket shall reflect the consolidation of all parties and counsel. Member case 1:07cv1008 shall remain open until further order of the Court. Signed by Judge James C. Cacheris on 10/30/07. (klau, ) AMENDED JOINT STIPULATION AND CONSENT ORDER REGARDING BRIEFING SCHEDULE that Plaintiff will file his opposition to Defendants' motion to dismiss dated October 4, 2007 on or before Thursday, October 25, 2007 ---- Defendants will notice Friday, November 9, 2007 as the date on which their motion to dismiss will be heard ---- Plaintiff will file any motion for summary judgment or or before Wednesday, November 7, 2007 --- The Parties will notice the hearing on any summary judgment filed by Plaintiff and any cross-motion for summary judgment filed by Defendants for Friday, December 21, 2007 ---- (see order for details). Signed by Judge James C. Cacheris on 10/22/07. (klau, ) ORDER granting application for Steven Jerome Moore to appear Pro hac vice Filing fee paid $ 50, receipt number 100004133. Signed by Judge James C. Cacheris on 10/18/07. (Attachments: # 1 Letter# 2 Receipt)(klau, ) ORDER granting application for James Edward Nealon to appear Pro hac vice Filing fee paid$ 50, receipt number 100004237. Signed by Judge James C. Cacheris on 10/17/07. (Attachments: # 1 Receipt)(klau, ) ORDER that they be and are consolidated under 1:07cv846 and that 1:07cv1008 be reassigned to the undersigned judge as well as Magistrate Judge Jones. Signed by Judge James C. Cacheris on 10/17/07. Associated Cases: 1:07-cv-00846-JCC-TRJ, 1:07-cv-01008-CMH-TRJ(klau, ) ORDER granting application for Shaun Michael Gehan to appear Pro hac vice Filing fee paid $ 50, receipt number 100004167. Signed by Judge James C. Cacheris on 10/16/07. (Attachments: # 1 Receipt)(klau, ) THE PARTIES'JOINT STIPULATION AND CONSENT ORDER Regarding Briefing Schedule 1. Defendants shall file any motion to dismiss Plaintiff's Amended Complaint dated September 7, 2007 on or before Thursday, October 4, 2007 ---- 10. The Parties will notice the hearing on any summary judgment filed by Plaintiff and any cross-motion for summary judgment filed by Defendants for Friday, December 21, 2007 ---- (see order for details). Signed by Judge James C. Cacheris. Signed by Judge James C. Cacheris on 9/21/07. (klau, ) ORDER OF DIRECTION TO THE CLERK OF COURT FOR REASSIGNMENT OF RELATED CASES. Case reassigned to Judge Joan N. Ericksen and Magistrate Judge Jeanne J. Graham for all further proceedings. Judge Ann D. Montgomery, Magistrate Judge Arthur J. Boylan no longer assigned to case. The new case number is 07cv4551 JNE/JJG. Signed by Judge Joan N. Ericksen on 11/27/07 and Judge Ann D. Montgomery on 11/28/07. (JME) Administrative ORDER of Reference regarding the referral of civil and criminal matters assigned to Judge Reidinger to the Magistrate Judges Signed by Judge Martin Karl Reidinger on 11/27/07. (bsw) ORDER signed by Judge Jeffrey T. Miller on 11/30/07. Plaintiffs Motion to Proceed IFP 2 is denied.This action is dismissed without prejudice for failure to prepay the $350 filing fee mandated by 28 U.S.C. § 1914(a), and for failure to suc cessfully move to proceed IFP pursuant to 28 U.S.C. § 1915(a).Plaintiff if granted forty five (45) days from the date this Order is Filed to either: (1) pay the entire $350 filing fee, or (2) file a new Motion to Proceed IFP. The Clerk of the Court shall provide Plaintiff with aCourt-approved form Motion and Declaration in Support of Motion to Proceed IFP". Form mailed to plaintiff 11/30/07.(tkl) ORDER granting 2 Motion for Leave to Proceed in forma pauperis; Dismissing Petition Without Prejudice: The Court GRANTS Petitioner's request to proceed in forma pauperis and DISMISSES the petition without prejudice as duplicative and for failure to name a proper respondent. Signed by Judge M. James Lorenz on 11/29/2007. (mjj) ORDER Reopening Case and Setting Briefing Schedule. The Court orders this case be reopened. Copy of this Order served on Attorney General for the State of California. Petitioner shall immediately notify the Court and counsel for Respondent of any change of Petitioner's address. If Petitioner fails to keep the Court informed of where Petitioner may be contacted, this action will be subject to dismissal for failure to prosecute. Signed by Judge Ruben B. Brooks on 11/29/07. (vrp) Attachment 1ORDER DISMISSING CASE. Signed by Judge Martin J. Jenkins on 11/27/07. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 11/28/2007) ORDER DISMISSING CASE. Signed by Judge Martin J. Jenkins on 11/27/07. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 11/28/2007) ORDER granting 14 Motion for Extension of Time to Answer. 24/7 Real Media, Inc. and WPP Group USA, Inc. deadline is extended to 12/27/07. Signed by Judge T. John Ward on 11/28/07. (ch, ) ORDER granting 13 Motion for Extension of Time to Answer. Seevast Corporation and Pulse 360, Inc. deadline is extended to 12/24/07. Signed by Judge T. John Ward on 11/26/07. (ch, ) ORDER granting 9 Motion for Extension of Time to Answer. Specific Media deadline is 12/24/07. Signed by Judge T. John Ward on 11/26/07. (ch, ) ORDER granting 6 Motion for Extension of Time to Answer until 12/24/07. Signed by Judge T. John Ward on 11/21/07. (djh, ) ORDER granting 5 Motion for Extension of Time to Answer until 12/24/07. Signed by Judge T. John Ward on 11/21/07. (djh, ) ORDER granting 4 Motion for Extension of Time to Answer until 12/24/07. Signed by Judge T. John Ward on 11/21/07. (djh, ) ORDER granting 65 Motion to Dismiss defts Amazon.com, Inc., A9.com, Inc. Borders, Inc and Borders Group Inc with prejudice. All attorneys' fees and costs are to be borne by the party that incurred then. Signed by Judge T. John Ward on 11/28/07. (ehs, ) ORDER THAT PLFF'S MOTION TO COMPEL (DOC #42) IS REFERRED TO MAGISTRATE JUDGE TIMOTHY R. RICE FOR RESOLUTION. ( SIGNED BY JUDGE JOHN R. PADOVA ON 11/27/07. ) Motions erred to TIMOTHY R. RICE. 11/28/07 ENTERED AND COPIES E-MAILED. (gn, ) SCHEDULING ORDER by Judge A. Howard Matz:This case has been assigned to Judge A. Howard Matz. If plaintiff has not already served the complaint (or any amendment thereto) on all defendants,plaintiff shall promptly do so and shall file proofs of service within three days thereafter. Defendants also shall timely serve and file their responsive pleadings and file proofs of service within three days thereafter.Rule 26 Meeting Report due by 2/4/2008.,Scheduling Conference set for 2/11/2008 01:30 PM before Judge A. Howard Matz. (mb) ORDER DISMISSING CASE - THEREFORE, IT IS ORDERED THAT this action is dism'd w/out prejudice, & the Clerk of Crt. shall close this file. Signed by Judge William W. Caldwell on 11/27/07. (am) MEMORANDUM AND ORDER THAT PETITIONER IS GRANTED PROVISIONAL LEAVE TO PROCEED IN FORMA PAUPERIS IN THIS MATTER FOR THE PURPOSE OF THIS ORDER ONLY. THE CLERK OF COURT SHALL FURNISH PETITIONER WITH A BLANK COPY OF THIS COURT'S FORM FOR FILING A PET ITION TO 28 U.S.C. SECTION 2255, ETC. PETITIONER IS FORMALLY PLACED ON NOTICE THAT IF HE DOES NOT RESPOND TO THIS ORDER WITHIN THIRTY DAYS THAT 07-4854 SHALL BE DISMISSED WITHOUT PREJUDICE FOR SEEKING RELIEF THAT IS NOT AVAILABLE PURSUANT TO 28 U.S.C. SECTION 2241.. SIGNED BY JUDGE MICHAEL M. BAYLSON ON 11/26/07. 11/27/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, ) REPORT AND RECOMMENDATIONS re 2 GRANTS MOTION to Proceed in forma pauperis filed by Kamal K. Roy, 1 RECOMMENDS that Pltf's Complaint be DISMISSED WITH PREJUDICE... FURTHER RECOMMENDS that Pltf be barred from filing any future civil action in any court in the Western District of Texas without first seeking leave of Court. Signed by Judge Andrew W. Austin. (td, ) ORDER REOPENING CASE ; signed by Senior Judge Wendell A. Miles (Senior Judge Wendell A. Miles, sds) ORDER DISMISSING CASE without prejudice for failure to pay the $350.00 civil action filing fee or to submit documents to apply to proceed in forma pauperis ; signed by Senior Judge Wendell A. Miles (Senior Judge Wendell A. Miles, sds) AMENDED ORDER adopting 30 Report and Recommendation. The referral of this case to Bankruptcy Court for the District of Nebraska is withdrawn; and This case is referred to Magistrate Judge Thomas D. Thalken for further progression of the matter. Ordered by Judge Joseph F. Bataillon. (TCL) MEMORANDUM AND ORDER regarding pending motions. 1. Plaintiff's motion to proceed IFP (filing 2) is granted. Plaintiff shall pay an initial partial filing fee of $0.03 by December 27, 2007, unless an enlargement of time is granted in respo nse to a written motion. In the absence of the initial partial filing fee by the specified deadline, this case is subject to dismissal. Plaintiff shall keep the court informed of his current address at all times. Plaintiff's motion for appointment of counsel (filing 4) is denied without prejudice. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party and institution)(JAB) ORDER Setting Case Management Conference re re 3 Order REFERRING CASE FOR RELATED CASE DETERMINATION. The Motion Hearing in C 07-04659 JW Gault South Bay, Inc. et al v. DePuy Orthopaedics, Inc. set for 12/3/2007 is VACATED. The Court sets a Case M anagement Conference in C 07-04659 Gault South Bay, Inc. et al v. DePuy Orthopaedics, Inc. AND C 07-05897 RS DePuy Orthopaedics, Inc. v. Gault South Bay, Inc. et al. for 12/3/2007 at 9:30 AM. The parties need not file a joint case management statemen t as required by the Civil Local Rules. Case Management Conference set for 12/3/2007 09:30 AM Courtroom 8, 4th Floor, San Jose before Hon. James Ware. Please see Order for further specifics. Signed by Judge James Ware on 11/28/2007. (ecg, COURT STAFF) (Filed on 11/28/2007) ORDER REFERRING CASE FOR RELATED CASE DETERMINATION. Signed by Judge Richard Seeborg on 11/26/07. (rssec, COURT STAFF) (Filed on 11/26/2007) ORDER DISMISSING CASE,. Signed by Judge Patricia V. Trumbull on 11/26/7. (bw, COURT STAFF) (Filed on 11/26/2007) SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 11/27/2007) ORDER: Final Judgment for Civil Penalties and Permanent Injunctive Relief. Signed by Judge Illston on 11/27/07. (Attachments: # 1 # 2)(ts, COURT STAFF) (Filed on 11/27/2007) SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 11/26/2007) SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 3 ADR Scheduling Order (Attachments: # 1 Standing Order)(sis, COURT STAFF) (Filed on 11/26/2007) ORDER TRANSFERRING CAUSE TO UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA, NORTHEASTERN DIVISION. Signed by Judge David C. Bramlette III on 11/19/07. (PKM) [Transferred from mssd on 11/26/2007.] ORDER denying in part 3 MOTION for Temporary Restraining Order with Brief in Support and Certificate of Service filed by McGough and Associates; directing plaintiff to serve defendants and setting a Preliminary Injunction Hearing for December 4, 2007 at 9:00 a.m. Signed by Honorable Robert H Cleland. (LWag) ORDER Adopting 24 Report and Recommendation and granting Battle's Motion to Set Aside the Default and Default Judgment. Signed by Honorable Julian Abele Cook. (CGre) ORDER re 7 Motion to Change Venue; adopting Report and Recommendations re 21 Report and Recommendations.. Signed by Judge Alan C. Kay on 11/14/07. (Filed 11/14/07 in USDC District of Hawaii) (jb, USDC) Modified on 11/28/2007 (jb, USDC). REPORT AND RECOMMENDATIONS re 7 MOTION to Change Venue filed by Anthony Grande, John D. Ferguson, State of Hawaii Department of Public Safety, Jimmy Turner, Corrections Corporation of America. The Court accordingly Recommends that the district court Grant Defendants' Motion to Transfer and Order transfer of this action to the Northern District of Mississippi. Signed by Judge Kevin S.C. Chang on 10/29/07. (Filed 10/30/07 in USDC District of Hawaii)(jb, USDC) MEMORANDUM OPINION re 17 MOTION for Reconsideration re 16 Order Dismissing Case, filed by ROVERTA DRAKE indicating that Plaintiff's Motion is granted. An appropriate Order to follow. Signed by Judge Nora Barry Fischer on 11/27/07. (jg) OPINION AND ORDER directing Pltf to supplement record forthwith as to citizenship of each Deft. Signed by Judge Roger B Cosbey on 11/28/2007. (lns) ORDER granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; Copies mailed to plaintiff and account clerk at Montgomery City Jail, furn: cashier. Signed by Judge Terry F. Moorer on 11/27/07. (vma, ) ORDERED that: (1) The 12 Recommendation of the Magistrate Judge is ADOPTED; (2) The plaintiff's 14 Objection is OVERRULED; and (3) The case is TRANSFERRED, pursuant to 28 U.S.C. § 1404, to the United States DistrictCourt for the Northern District of Alabama. The Clerk of Court is DIRECTED to take all necessary steps to effectuate said transfer. Signed by Judge William Keith Watkins on 11/27/2007. (cb, ) ORDER SETTING STATUS (PRETRIAL SCHEDULING) CONFERENCE signed by Judge Dale A. Drozd on 11/26/07: Status Conference set for 3/28/2008 at 11:00 AM in Courtroom 27 (DAD) before Magistrate Judge Dale A. Drozd. Concurrently with service of process, or a s soon thereafter as possible, plaintiff shall serve upon each defendant named in the complaint a copy of this order, and shall promptly file with the Clerk of the Court a certificate reflecting such service. Each party shall submit to the court, no later than seven days before the Status (Pretrial Scheduling) Conference, a status report. Concurrently with service of a copy of this order on the defendants, plaintiff shall serve upon each defendant named in the complaint one copy of the consent form and instructions provided by the Clerk of the Court. (Kaminski, H) ORDER signed by Judge Dale A. Drozd on 11/27/07 ORDERING that plaintiff shall submit, within thirty days from the date of this order, either the $350 filing fee or a properly completed application to proceed in forma pauperis on the form provided with this order. The Clerk is directed to send plaintiff an Application to Proceed In Forma Pauperis By a Prisoner for use in a civil rights action. (Duong, D) FIRST INFORMATIONAL ORDER signed by Judge Gary S. Austin on 11/28/07. (Verduzco, M) ORDER to Submit New Application to Proceed In Forma Pauperis AND Certified Copy of Trust Account Statement OR Pay Filing Fee within Thirty Days signed by Judge Sandra M. Snyder on 11/27/07. IFP Deadline: 1/2/2008. (Attachments: # 1 IFP application# 2 IFP instructions)(Verduzco, M) ORDER to Submit Application to Proceed in Forma Pauperis or Pay Filing Fee signed by Judge Sandra M. Snyder on 11/27/2007. IFP Deadline due by 12/31/2007. (Attachments: # 1 IFP application instructions# 2 blank IFP application)(Esteves, C) ORDER to Submit Application to Proceed In Forma Pauperis OR Pay Filing Fee signed by Judge Gary S. Austin on 11/26/07. IFP due by 1/2/2008. (Attachments: # 1 IFP Application# 2 IFP Instructions)(Verduzco, M) ORDER Hawk must re-submit his petition for a writ of habeas corpus on the appropriate form. All of the pages of the completed form must be filed with the Court on or before December 21, 2007. The Court will conduct an initial review of the re-filed petition at that time. If Hawk fails to comply with the above-stated requirements in a timely manner, this petition will be dismissed for want of prosecution. Signed by Judge Rudolph T Randa on November 28, 2007. (cc: via US Mail to Daniel D Hawk w/copy of 2254 Form)(Randa, Rudolph) ORDER directing Plaintiff to submit service copies and service forms for service of Plaintiff's amended complaint. These documents must be returned on or before 12/21/07, or the Court will recommend dismissal of this action for failure to prosecuteby Judge Karen L Strombom. (CMG, ) PLEASE DISREGARDJUDGMENT BY COURT (CMG, ) Modified on 11/26/2007: clerk's error, posted to wrong case. (CMG, ). ORDER adopting Report and Recommendations and Petitioner's motion for relief under 28 USC 2255 is DENIED re 12 REPORT AND RECOMMENDATIONS re 1 Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Armando Mora-Isabelles, by Judge James L. Robart.(MD, ) Modified on 11/26/2007 -mailed copy of order to Petitioner(MD, ). Order on ifp request: petr. to submit affidavit of indigency and trust fund account statement or filing fee by 12/5/07 or action subject to dismissal. Signed by Judge John C Shabaz on 11/21/2007. (llj) NOTICE OF ASSIGNMENT AND ORDER that plaintiff has to 12/14/07 to file written election to either consent to magistrate judge jurisdiction or elect to proceed before a United States district judge. That Plaintiff shall serve upon the Defendant the ap propriate consent form provided at the time of the filing of its Complaint at the time of service of its Complaint upon the Defendant. Defendant shall either consent to magistrate judge jurisdiction or elect to proceed before a district judge within twenty (20) days of each Defendants formal appearance herein. Parties to comply with the Rules of Practice for the U.S. District Court for District of AZ as amended on 12/1/06.. Signed by Judge Lawrence O Anderson on 11/28/07. (DMT, ) ORDER granting 19 Motion for Extension of Time to Answer. Dfts Acer, Inc. Acer America Corp. Apple, Inc., Dell, Inc. Gateway, Inc., Hewlett-Packard Company, Lenovo(United States) Inc., Toshiba America Information Systems, Inc. Broadcom Corporation, Intel Corporation, Atheros Communications Inc., Marvell Semiconductor, Inc and Circuit City Stores, Inc. deadline is extended to 12/24/07. Signed by Judge T. John Ward on 11/27/07. (ch, ) ORDER granting 18 Motion for Extension of Time to Answer. Best Buy Co. Inc. deadline is 12/27/07. Signed by Judge T. John Ward on 11/27/07. (ch, ) ORDER DIRECTING RELEASE OF FUND AND DISCONTINUANCE OF ACTION: Any funds restrained pursuant to the Process of Maritime Attachment and Garnishment authorized by this Court's Order dated 10/24/2007, be released in accordance with the original wire transfer instruction and this action be dismissed with prejudice and without costs as to either party. (Signed by Judge Richard J. Holwell on 11/5/2007) (jar) (Entered: 11/13/2007) ORDER granting 12 Motion for Extension of Time to Answer. Google, Inc. deadline is extended to 1/11/08. Signed by Judge T. John Ward on 11/26/07. (ch, ) STIPULATION AND ORDER Continuing Filing Deadlines and Hearing Date. Defendant's opposition brief due by 12/10/2007. Non-party Howell's reply due by 12/21/2007. Motion hearing on motion to motion to quash continued to 1/15/2008, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 11/26/2007. (hrllc2, COURT STAFF) (Filed on 11/26/2007) STIPULATION AND ORDER Continuing Filing Deadlines and Hearing Date. Defendant's opposition to motion to quash due by 11/27/2007. Non-party Howell's reply due by 12/4/2007. Motion hearing set for 12/18/2007, 10:00 AM. Signed by Magistrate Judge Howard R. Lloyd on 11/15/2007. (hrllc2, COURT STAFF) (Filed on 11/15/2007) STIPULATED PROTECTIVE ORDER (MODIFIED BY THE COURT). Signed by Magistrate Judge Howard R. Lloyd on 11/13/2007. (hrllc2, COURT STAFF) (Filed on 11/13/2007) MEMORANDUM AND ORDER THAT THE PLFF'S COMPLAINT IS AMENDED TO ADD THE CLAIM FOR FALSE ARREST SET OUT IN THE PLFF'S SECOND MOTION TO AMEND HIS COMPLAINT. THE PLFF'S COMPLAINT IS AMENDED TO DISMISS OFFICER JASON SHENSKY AS A DEFT. THIS DI SMISSAL IS WITHOUT PREJUDICE. THE STAY IN THIS ACTION GRANTED IN THE COURT'S MEMORANDUM AND ORDER OF NOVEMBER 15, 2007 IS LIFTED. THE COURT WILL ISSUE A FURTHER ORDER SCHEDULING AN ON-THE- RECORD TELEPHONIC STATUS CONFERENCE TO DISCUSS SETTING A PRE-TRIAL SCHEDULE THIS CASE PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 16.. SIGNED BY JUDGE MARY A. MCLAUGHLIN ON 11/19/07. 11/21/07 ENTERED AND COPIES MAILED, E-MAILED AND FAXED.(lvj, ) ORDER re 2 MOTION for Leave to Proceed in forma pauperis filed by Nick William Schaller, Sr. Trust Fund Statement due by 11/30/07 or action subject to dismissal. Signed by Judge John C Shabaz on 11/16/2007. (llj) MEMORANDUM DECISION transferring case to the 10th Circuit Court of Appeals for authorization. Signed by Judge Ted Stewart on 11/26/2007. (asp) ORDER DISMISSING CASE signed by Judge Lynn Adelman on 11/26/07. (cc: petitioner, respondent, all counsel)(Wesolek, Marie) ORDER granting 40 Motion to Reopen Case and permitting pltfs. to file 3rd amended complaint by 12/10/2007 Signed by Judge Mary L. Cooper on 11/26/2007. (ss, ) ORDER Directing Monthly Payments be made from Inmate's Prison Account until fee is paid in full; granting 2 Affidavit for Leave to Proceed in forma pauperis except to the extent payment is required under this order. Copies mailed to plaintiff and Lee County inmate account clerk. Signed by Judge Terry F. Moorer on 11/26/07. (sl, ) ORDER granting 3 Motion for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filings Signed by Judge Donald M. Middlebrooks on 11/21/07. (tp) ORDER Appointing Substitute Custodian of Vessel, Miami Marina Associates, LTD. re 3 MOTION to Appoint Custodian filed by Miami Beach Marina Associates, Ltd., Signed by Judge Federico A. Moreno on 11/21/07.(tp) ORDER GRANTING motion to stay case; case stayed for ninety (90) days; this stipulation notwithstanding, the parties will comply with the court's 11/20/07 order setting a mandatory scheduling conference for 2/19/08 at 9:30 am incourtroom 10; case to be stayed until 2/25/2008; order signed by Judge Gary S. Austin on 11/26/07. (Rooney, M) ORDER REFERRING CASE to Magistrate Judge John D. Love to conduct pre-trial proceedings in accordance with 28 USC 636. Signed by Judge Leonard Davis on 11/26/07. (ch, ) ORDER granting 37 Motion for Extension of Time to Answer. Yahoo! Inc. deadline is extended to 12/7/07. Signed by Judge Leonard Davis on 11/26/07. (ch, ) ORDER granting 32 Motion for Extension of Time to Answer. Microsoft's deadline to answer Amended Complaint is 12/7/07. Signed by Judge Leonard Davis on 11/20/07. (ch, ) ORDER granting 31 Motion for Extension of Time to Answer. Deadline extended for deft AOL to 12/7/07. Signed by Judge Leonard Davis on 11/19/07. (ehs, ) ORDER granting 30 Motion for Extension of Time to Answer. Deadline extended to 12/7/07 for deft Google to file answer. Signed by Judge Leonard Davis on 11/19/07. (ehs, ) ORDER granting 28 Motion for Extension of Time to Answer. A9.com, INc. deadline is extended to 12/7/07 . Signed by Judge Leonard Davis on 11/8/07. (ch, ) ORDERED that defendant Del Monte Foods, Inc's motion for a protective order to quash the subpoena or otherwise limit the discovery request shall be filed no later than November 27, 2007 at 12:00 noon; and Plaintiff's opposition shall be filed no later than November 29, 2007 at 12:00 noon. The Court will conduct a hearing on the motion for a protective order on November 30, 2007 at 2:00 pm. Signed by Judge Ann Marie Donio on 11/26/07. (sb) ORDERED that the previous Orders of the Court enjoining Menu Foods from comunicating with putative class members are modified to allow Menu Foods to send these letters to these non-party members of the putative class; ORDERED that defendants shall mail these letters within seven days of the date of this Order. Signed by Judge Noel L. Hillman on 11/7/07. (sb) ORDER ON 92Case Management Statement (Joint), CONTINUING Case Management Conference to January 25, 2008 at 1:30 p.m., further Joint Case Management Statement due on January 18, 2008. Signed by Judge Jeffrey S. White on November 26, 2007. (jswlc3, COURT STAFF) (Filed on 11/26/2007) ORDER REFERRING CASE to Magistrate Judge Charles Everingham. Signed by Judge T. John Ward on 11/26/07. (ch, ) AMENDED CASE MANAGEMENT ORDER REGARDING COORDINATION AND SCHEDULING: The production of documents requests served shall be completed by 1/28/2008. Merit discovery due 11/17/2008. Disclosure of expert witnesses shall be exchanged on 9/22/2008. Initial expert reports shall be exchanged on 10/20/2008. Rebuttal expert reports due 11/10/2008. Expert depositions to be taken from 11/10/2008 through 12/22/2008. Motions for summary judgment due by 2/16/2009. Oppositions to Motion for summary judgment due within 30 days of service of the motion. Plaintiffs' Motion for Class Certification due 30 days after the Courts decision with respect to summary judgment. Defendant's Opposition to Motion for Class Certification due 60 days after the motion for class certification, Plaintiffs' reply in support of Class Certification due 30 days after the Opposition is filed. The pretrial conference shall take place on 11/18/2008 for the purpose of informing the Court of the status of the case. However, the parties must, in addition, contact the Court to schedule a pre-motion conference before filing any motion. (Signed by Judge Peter K. Leisure for Judge John E. Sprizzo on 11/19/2007) (jar) ORDER, INTRADISTRICT TRANSFER to Sacramento New Case number 2:07cv2511 FCD-CMK, signed by Judge Dennis L. Beck on 11/20/2007. (Flores, E) JUDGMENT that pursuant to 32 parties' joint stipulation of dismissal, all counts and claims of the complaint are dismissed with prejudice as to the plaintiffs listed on Exhibit A, and without prejudice as to the plaintiffs listed on Exhibit B, with the parties to bear their own costs; that the clerk is directed to enter this document on the civil docket as a final judgment pursuantto Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 11/21/2007. (Attachments: # 1 Civil Appeals Checklist)(cc, ) JUDGMENT that pursuant to 32 parties' joint stipulation of dismissal, all counts and claims of the complaint are dismissed with prejudice as to the plaintiffs listed on Exhibit A; that the clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 11/21/2007. (Attachments: # 1 Civil Appeals Checklist)(cc, ) JUDGMENT, upon consideration of the joint stipulation 34, it is ORDERED, ADJUDGED and DECREED that all counts and claims of the complaint are dismissed with prejudice as to the plfs listed on Exhibit A, and without prejudice as to the plfs listed o n Exhibit B, with the parties to bear their own costs; directing the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Judge Myron H. Thompson on 11/21/07. (Exhibits A & B contained within main PDF Judgment document) (Attachments: # 1 civil appeals checklist)(djy, ) JUDGMENT, it is ORDERED, ADJUDGED and DECREED that all counts and claims of the complaint are dismissed with prejudice as to the plfs listed on Exhibit A, and without prejudice as to the plfs listed on Exhibit B, with the parties to bear their own costs; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Judge Myron H. Thompson on 11/21/2007. (Attachments: # 1 civil appeals checklist)(wcl, ) JUDGMENT pursuant to 45 parties' joint stipulation of dismissal, all counts and claims of the complaint are dismissed with prejudice as to the plaintiffs listed on Exhibit A, and without prejudice as to the plaintiffs listed on Exhibit B, with the parties to bear their own costs; that the clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 11/21/2007. (Attachments: # 1 Civil Appeals Checklist)(cc, ) JUDGMENT that pursuant to 45 parties' joint stipulation of dismissal, all counts and claims of the complaint are dismissed with prejudice as to the plaintiffs listed on Exhibit A; that the clerk is directed to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by Judge Myron H. Thompson on 11/21/2007. (Attachments: # 1 Civil Appeals Checklist)(cc, ) ORDER denying 3 Plaintiff's Motion for TRO; Preliminary Injunction is set for 12/19/07 at 9:00 a.m.. Signed by Judge Algenon L. Marbley on 11/21/07. (sem1, ) ORDER granting 153 Motion for Extension of Time to Answer until 1/7/08. Signed by Judge T. John Ward on 11/21/07. (djh, ) ORDER that pla's claims against dft U S Cellular Wireless, Samsung America, Inc and Kyocera America, Inc are hereby dismissed without prejudice to refiling same. Each party shall bear their own costs. Signed by Judge T. John Ward on 11/21/07. (djh, ) ORDER granting 136 Motion for Extension of Time to File. Verizon Communications, Inc and Verizon Wireless Services, LLC Deadline is extended to 1/7/08. Signed by Judge T. John Ward on 10/31/07. (ch, ) ORDER granting 128 Motion for Extension of Time to Answer. Dfts Boost Mobile, Sprint Nextel Corporation and Southern Communications Services, Inc. deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/24/07. (ch, ) ORDER granting 127 Motion to Withdraw as Attorney. Attorney Andrew Wesley Spangler terminated as counsel of record for Minerva Industries, Inc.. Signed by Judge T. John Ward on 10/23/07. (ch, ) ORDER granting 83 Motion for Extension of Time to Answer. Utstarcom, Inc. deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/17/07. (ch, ) ORDER granting 87 Motion for Extension of Time to Answer. Qwest Wireless LLC deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/17/07. (ch, ) ORDER granting 92 Motion for Extension of Time to Answer. Dobson Cellular Systems, Inc. deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/17/07. (ch, ) ORDER granting 86 Motion for Extension of Time to Answer. AT & T Mobility deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/17/07. (ch, ) ORDER granting 78 Motion for Extension of Time to Answer. Deadline extended to 12/14/07 for deft Hewlett-Packard Co . Signed by Judge T. John Ward on 10/11/07. (ehs, ) ORDER granting 72 Motion for Extension of Time to Answer. Deft Sony Ericsson Mobile Comm deadline extended to 11/15/07 . Signed by Judge Donald E. Walter on 10/11/07. (ehs, ) ORDER granting 64 Motion for Extension of Time to Answer. Sanyo North America Corporation deadline is extended to 12/3/07 . Signed by Judge T. John Ward on 10/9/07. (ch, ) ORDER granting 67 Motion for Extension of Time to Answer. Pantech Wireless Inc. deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/9/07. (ch, ) ORDER granting 61 Motion for Extension of Time to Answer. Verizon Communication, Inc. and Verizon Wireless Services, LLC deadlines is extended to 11/14/07 . Signed by Judge T. John Ward on 10/4/07. (ch, ) ORDER granting 60 Motion for Extension of Time to Answer. HTC America, Inc. deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/4/07. (ch, ) ORDER granting 82 Motion for Extension of Time to Answer. Deadline for defts extended to 1/7/08 . Signed by Judge T. John Ward on 10/17/07. (ehs, ) ORDER granting 85 Motion for Extension of Time to Answer. Suncom Wireless Operating Company LLC is extended to 1/7/08 . Signed by Judge T. John Ward on 10/17/07. (ch, ) ORDER granting 68 Motion for Extension of Time to Answer. Palm, Inc. deadline is extended to 1/7/08 . Signed by Judge T. John Ward on 10/9/07. (ch, ) ORDER: This case remains stayed pending resolution of case no. 2:04-cv-884 or until further order of the Court. Signed by Judge Norah McCann King on 11/21/2007. (kk2) MEMORANDUM AND OPINION (Kennedy, Henry) ORDER DISMISSING CASE. Signed by Judge Glen E. Conrad on November 21, 2007. (tvt) MEMORANDUM OPINION. Signed by Judge Glen E. Conrad on November 21, 2007. (tvt) STANDING ORDER Before Mag. Judge Elizabeth D. Laporte. (tn, COURT STAFF) (Filed on 11/19/2007) Supplemental ORDER to Order setting Initial Case Management Conference re 2 ADR Scheduling Order (Attachments: # 1 Standing Order for all Judges)(sv, COURT STAFF) (Filed on 11/16/2007) ORDER OF TRANSFER. Signed by Judge Phyllis J. Hamilton on 11/21/07. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 11/21/2007) JUDGMENT in favor of Captain Radtke, First Shift Sgt., GRAMS, WARDEN GREG, Vandenbrook, Welcome Rose, Winslow, AMY MILLARD, AMY SMITH, ANDREA NELSON, BURT TAMMINGA, Janelle Nickel, MARC CLEMENTS, MARY LEISER, RICK RAEMISCH, TOM GOZINSKE against Charles Lamont Norwood. (TMO / SKV) (elc) DECISION AND ORDER DENYING 2 Plaintiffs' Motion for a Temporary