Marvel Worldwide, Inc. et al v. Kirby et al


New York Southern District Court (nysd)

Docket Number: 1:10-cv-00141
Pacer Case Number: 356975

Date filed: 2010-01-08
Date terminated: 2011-08-08
Date last filing: 2011-12-09

Document List

This docket is unofficial and may be incomplete or out-of-date. The official docket is available on PACER (fees may apply). For more information, click here
1.0 Complaint
COMPLAINT against Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Filing Fee $ 350.00, Receipt Number 890821)Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.(ama) (Entered: 01/11/2010)
Date filed in court 01/08/2010
Date uploaded to PACER 01/11/2010
Date uploaded to RECAP 02/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
2.0 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Walt Disney Company as Corporate Parent. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.(ama) (Entered: 01/11/2010)
Date filed in court 01/08/2010
Date uploaded to PACER 01/11/2010
Date uploaded to RECAP 02/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
3.0 Order for Initial Pretrial Conference
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE:... Initial Conference set for 4/23/2010 at 09:45 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 1/19/2010) (tve) (Entered: 01/19/2010)
Date filed in court 01/19/2010
Date uploaded to PACER 01/19/2010
Date uploaded to RECAP 02/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
4.0 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Lisa R. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David) (Entered: 02/05/2010)
Date filed in court 02/05/2010
Date uploaded to PACER 02/05/2010
Date uploaded to RECAP 02/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
5.0 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Neal L. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David) (Entered: 02/05/2010)
Date filed in court 02/05/2010
Date uploaded to PACER 02/05/2010
Date uploaded to RECAP 02/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
6.0 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Susan N. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David) (Entered: 02/05/2010)
Date filed in court 02/05/2010
Date uploaded to PACER 02/05/2010
Date uploaded to RECAP 02/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
7.0 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Barbara J. Kirby waiver sent on 1/8/2010, answer due 3/9/2010. Document filed by MVL Rights, LLC; Marvel Worldwide, Inc.; Marvel Characters, Inc.. (Fleischer, David) (Entered: 02/05/2010)
Date filed in court 02/05/2010
Date uploaded to PACER 02/05/2010
Date uploaded to RECAP 02/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
8.0 Endorsed Letter
ENDORSED LETTER: addressed to Judge Colleen McMahon from James W. Quinn dated 2/18/2010 re: In light of the inability to reach agreement on this matter, Plaintiffs request a conference with Your Honor so that this case may proceed as expeditiously as possible. While the Order currently provides for a conference on April 16, 2010 Plaintiffs request that a conference be held on a date at Your Honor's earliest in advance of April 16. ENDORSEMENT: Since you can"t agree, Come in for a conference as scheduled do not send me long letters. So Ordered. (Signed by Judge Colleen McMahon on 2/19/2010) (js) (Entered: 02/19/2010)
Date filed in court 02/19/2010
Date uploaded to PACER 02/19/2010
Date uploaded to RECAP 02/20/2010
Report privacy issue
Explanation: Page number(s) of Issue:
9.0 Motion to Dismiss/Lack of Jurisdiction
MOTION to Dismiss for Lack of Jurisdiction. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc) (Entered: 03/09/2010)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
10.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/09/2010)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
11.0 Declaration in Support of Motion
DECLARATION of Lisa R. Kirby in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/09/2010)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
12.0 Declaration in Support of Motion
DECLARATION of Neal L. Kirby in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/09/2010)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
13.0 Declaration in Support of Motion
DECLARATION of Marc Toberoff, Esq. in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Toberoff, Marc) (Entered: 03/09/2010)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
13.1 Attachment 1DECLARATION of Marc Toberoff, Esq. in Support...
Attachment 1DECLARATION of Marc Toberoff, Esq. in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Toberoff, Marc)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
13.2 Attachment 2DECLARATION of Marc Toberoff, Esq. in Support...
Attachment 2DECLARATION of Marc Toberoff, Esq. in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Toberoff, Marc)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
13.3 Attachment 3DECLARATION of Marc Toberoff, Esq. in Support...
Attachment 3DECLARATION of Marc Toberoff, Esq. in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Toberoff, Marc)
Date filed in court 03/09/2010
Date uploaded to PACER 03/09/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
14.0 Order Referring Case to Magistrate Judge
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (including discovery) discovery dispute. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Colleen McMahon on 3/15/2010) (jar) (Entered: 03/15/2010)
Date filed in court 03/15/2010
Date uploaded to PACER 03/15/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
15.0 Order
ORDER. IT IS HEREBY ORDERED that a telephonic conference will be held in the above-captioned action on March 22, 2010, at 3:30 p.m. The telephonic conference shall be initiated by counsel to the defendants to (212) 805-6705. (Telephone Conference set for 3/22/2010 at 03:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/18/10) (rjm) (Entered: 03/19/2010)
Date filed in court 03/19/2010
Date uploaded to PACER 03/19/2010
Date uploaded to RECAP 03/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
16.0 Endorsed Letter
ENDORSED LETTER addressed to Judge Colleen McMahon from Marc Toberoff dated 3/25/2010 re: Counsel for Defendants write to request a brief extension until 4/7/2010 of the time for defendants to serve their reply to plaintiffs' Opposition to Motion to Dismiss. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 3/26/2010) (tro) (Entered: 03/26/2010)
Date filed in court 03/26/2010
Date uploaded to PACER 03/26/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
17.0 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James) (Entered: 03/26/2010)
Date filed in court 03/26/2010
Date uploaded to PACER 03/26/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
18.0 Declaration in Opposition to Motion
DECLARATION of Alan N. Braverman in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James) (Entered: 03/26/2010)
Date filed in court 03/26/2010
Date uploaded to PACER 03/26/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
19.0 Declaration in Opposition to Motion
DECLARATION of Eli Bard in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James) (Entered: 03/26/2010)
Date filed in court 03/26/2010
Date uploaded to PACER 03/26/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
20.0 Declaration in Opposition to Motion
DECLARATION of James W. Quinn in Opposition re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James) (Entered: 03/26/2010)
Date filed in court 03/26/2010
Date uploaded to PACER 03/26/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
21.0 Order
CALENDAR NOTICE TIME CHANGE Rule (16) Conference set for 4/16/2010 at 02:45 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 4/2/10) (cd) (Entered: 04/02/2010)
Date filed in court 04/02/2010
Date uploaded to PACER 04/02/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
22.0 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 04/06/2010)
Date filed in court 04/06/2010
Date uploaded to PACER 04/06/2010
Date uploaded to RECAP 03/08/2011
Report privacy issue
Explanation: Page number(s) of Issue:
23.0 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of Marc Toberoff, Esq. in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 04/06/2010)
Date filed in court 04/06/2010
Date uploaded to PACER 04/06/2010
Date uploaded to RECAP 03/08/2011
Report privacy issue
Explanation: Page number(s) of Issue:
24.0 Reply Affidavit in Support of Motion
REPLY AFFIDAVIT of Lisa R. Kirby in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 04/06/2010)
Date filed in court 04/06/2010
Date uploaded to PACER 04/06/2010
Date uploaded to RECAP 03/08/2011
Report privacy issue
Explanation: Page number(s) of Issue:
25.0 Response in Support of Motion
RESPONSE in Support re: 9 MOTION to Dismiss for Lack of Jurisdiction. Defendants' Evidentiary Objections to the Declarations of Eli Bard and James W. Quinn Regarding Defendants' Motion to Dismiss. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 04/06/2010)
Date filed in court 04/06/2010
Date uploaded to PACER 04/06/2010
Date uploaded to RECAP 03/08/2011
Report privacy issue
Explanation: Page number(s) of Issue:
26.0 Notice of Change of Address
NOTICE OF CHANGE OF ADDRESS by David Fleischer on behalf of all plaintiffs. New Address: Haynes and Boone, LLP, 1221 Avenue of the Americas, 26th Floor, New York, New York, 10020, 212-659-7300. (Fleischer, David) (Entered: 04/08/2010)
Date filed in court 04/08/2010
Date uploaded to PACER 04/08/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
27.0 Order on Motion to Dismiss/Lack of Jurisdiction
DECISION AND ORDER DENYING DEFENDANTS' MOTION TO DISMISS: ORDER denying 9 Motion to Dismiss for Lack of Jurisdiction. For all the foregoing reasons, the Defendants' Motions to Dismiss (docket no. 9) is denied. The Clerk of the Court shall remove the motion at docket no. 9 from the Court's active motion list. This constitutes the decision and order of this Court.(Signed by Judge Colleen McMahon on 4/14/2010) (jmi) (Entered: 04/14/2010)
Date filed in court 04/14/2010
Date uploaded to PACER 04/14/2010
Date uploaded to RECAP 04/14/2010
Report privacy issue
Explanation: Page number(s) of Issue:
28.0 Case Management Plan
CIVIL CASE MANAGEMENT PLAN: The parties disagree as to whether this case is to be tried to a jury. Plaintiffs believe a jury trial is not required. Defendants believe a jury trial is required. No additional parties may be joined After July 26, 2010; No pleading may be amended after July 26, 2010; All discovery, including expert discovery, must be completed on or before January 14, 2011. The deposition of Stan Lee for the purpose of preserving testimony shall be taken no later than 30 days from the date of this Order, defendants may cross-examine then and/or may depose Mr. Lee at a later date, but if they do, they run the risk that they will never be able to cross-examine and understand that the presumed testimony will be admissible at trial. Mr. Lee will not be questioned twice about the same matters. The Court gravely doubts that there is any relevant e-discovery; you must come back to Judge McMahon if any e-discovery is believed necessary. (Signed by Judge Colleen McMahon on 4/16/10) (djc) Modified on 4/22/2010 (djc). (Entered: 04/19/2010)
Date filed in court 04/19/2010
Date uploaded to PACER 04/19/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
29.0 Rule 7.1 Corporate Disclosure Statement
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc) (Entered: 04/28/2010)
Date filed in court 04/28/2010
Date uploaded to PACER 04/28/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
30.0 Answer to Complaint
ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc) (Entered: 04/28/2010)
Date filed in court 04/28/2010
Date uploaded to PACER 04/28/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
31.0 Motion to Dismiss
MOTION to Dismiss Counterclaims. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc..(Quinn, James) (Entered: 05/24/2010)
Date filed in court 05/24/2010
Date uploaded to PACER 05/24/2010
Date uploaded to RECAP 05/25/2010
Report privacy issue
Explanation: Page number(s) of Issue:
32.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Counterclaims.. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James) (Entered: 05/24/2010)
Date filed in court 05/24/2010
Date uploaded to PACER 05/24/2010
Date uploaded to RECAP 05/26/2010
Report privacy issue
Explanation: Page number(s) of Issue:
33.0 Declaration in Support of Motion
DECLARATION of Eli Bard in Support re: 31 MOTION to Dismiss Counterclaims.. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B (1 of 3), # 3 Exhibit B (2 of 3), # 4 Exhibit B (3 of 3), # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Quinn, James) (Entered: 05/24/2010)
Date filed in court 05/24/2010
Date uploaded to PACER 05/24/2010
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
Documents in this range may be missing.
33.2 Exhibit A
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
33.3 Exhibit B (1 of 3)
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
33.4 Exhibit B (2 of 3)
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
33.5 Exhibit B (3 of 3)
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
33.6 Exhibit C
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
33.7 Exhibit D
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
33.8 Exhibit E
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
34.0 Protective Order
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...ENDORSEMENT: The Court agrees to this order in order to facilitate discovery. The parties must understand that the Court reserves the right to conclude that the part under materials designated "confidential" are in fact nothing of the sort and to "declassify" any document in any decision or at any trial of this matter unless a party can demonstrate to the Court's satisfaction why it should remain on public issues. So Ordered (Signed by Judge Colleen McMahon on 6/2/2010) (js) (Entered: 06/02/2010)
Date filed in court 06/02/2010
Date uploaded to PACER 06/02/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
35.0 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 31 MOTION to Dismiss Counterclaims.. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 06/10/2010)
Date filed in court 06/10/2010
Date uploaded to PACER 06/10/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
36.0 Response in Opposition to Motion
RESPONSE in Opposition re: 31 MOTION to Dismiss Counterclaims. Defendants' Objection to the Declaration of Eli Bard. Document filed by Lisa R. Kirby, Barbara J. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 06/10/2010)
Date filed in court 06/10/2010
Date uploaded to PACER 06/10/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
37.0 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. Marvel Entertainment, Inc. waiver sent on 5/6/2010, answer due 7/6/2010. Document filed by Lisa R. Kirby; Barbara J. Kirby; Neal L. Kirby; Susan N. Kirby. (Toberoff, Marc) (Entered: 06/11/2010)
Date filed in court 06/11/2010
Date uploaded to PACER 06/11/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
38.0 Waiver of Service Executed
WAIVER OF SERVICE RETURNED EXECUTED. The Walt Disney Company waiver sent on 5/6/2010, answer due 7/6/2010. Document filed by Lisa R. Kirby; Barbara J. Kirby; Neal L. Kirby; Susan N. Kirby. (Toberoff, Marc) (Entered: 06/11/2010)
Date filed in court 06/11/2010
Date uploaded to PACER 06/11/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
39.0 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 31 MOTION to Dismiss Counterclaims.. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Quinn, James) (Entered: 06/21/2010)
Date filed in court 06/21/2010
Date uploaded to PACER 06/21/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
40.0 Declaration in Support
DECLARATION of James W. Quinn in Support re: 39 Reply Memorandum of Law in Support of Motion. Document filed by The Walt Disney Company, Marvel Entertainment, Inc., MVL Rights, LLC, Marvel Worldwide, Inc., Marvel Characters, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Quinn, James) (Entered: 06/21/2010)
Date filed in court 06/21/2010
Date uploaded to PACER 06/21/2010
Date uploaded to RECAP 07/29/2010
Report privacy issue
Explanation: Page number(s) of Issue:
40.1 Exhibit A
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
40.2 Exhibit B
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
40.3 Exhibit C
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
41.0 Endorsed Letter
ENDORSED LETTER addressed to Judge Colleen McMahon from David Fleischer dated 9/1/2010 re: Plaintiffs respectfully submit that Mr. Toberoff's supplemental declaration should have no effect on plaintiffs' pending motion to dismiss defendants' counterclaims. ENDORSEMENT: I can sort out the relevance of all this when I decide the motion. I will accept the supplemental declaration but if it is irrelevant I will pay it no mind. (Signed by Judge Colleen McMahon on 9/6/2010) (jpo) (Entered: 09/08/2010)
Date filed in court 09/07/2010
Date uploaded to PACER 09/08/2010
Date uploaded to RECAP 09/15/2010
Report privacy issue
Explanation: Page number(s) of Issue:
42.0 Endorsed Letter
ENDORSED LETTER addressed to Magistrate Judge Kevin N. Fox from Randi W. Singer dated 9/22/10 re: counsel for plaintiff and Mr. John Romita, Sr. respectfully request that the Court order that the deposition of John Romita, Sr. take place at 9:30 am on October 21 and, if necessary, continue on October 22, 2010 at the Garden City Hotel, 45 Seventh Street, Garden City, NY 11530. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/27/10) (pl) (Entered: 09/27/2010)
Date filed in court 09/27/2010
Date uploaded to PACER 09/27/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
43.0 Order
ORDER: The plaintiffs request to: (i) depose Evanier as a fact witness, on November 9, 2010, in Los Angeles, California; and (ii) depose Evanier as an expert witness, on December 6, 2010, in Los Angeles, California, is granted. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/13/2010) (jfe) (Entered: 10/14/2010)
Date filed in court 10/14/2010
Date uploaded to PACER 10/14/2010
Date uploaded to RECAP 10/22/2010
Report privacy issue
Explanation: Page number(s) of Issue:
44.0 Letter
Letter addressed to To all counsel in Marvel Worldwide, Inc., et. al. v. Lisa R. Kirby, et. al., (10cv141) from Judge Colleen McMahon dated 11/3/2010 re: In their Answer and Counterclaims, the Kirbys allege that Marvel and Jack Kirby entered into an agreement on October 31, 1986, whereby Marvel agreed to return to Kirby all of his original artwork still in Marvel's possession or control. The contract is discussed in the Kirbys' fourth counterclaim and is the basis for the Kirbys' breach-of-contract claim. The contract is not attached to the Kirbys' Answer, and I could not find it in any of the parties' filings. Because the agreement is relied on by the Kirbys in asserting their counterclaim, I ask that either party produce to the Court a copy of the 1986 contract. (jpo) (Entered: 11/03/2010)
Date filed in court 11/03/2010
Date uploaded to PACER 11/03/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
45.0 Declaration in Opposition to Motion
DECLARATION of Marc Toberoff, Esq. in Opposition re: 31 MOTION to Dismiss Counterclaims.. Document filed by Barbara J. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A)(Toberoff, Marc) (Entered: 11/04/2010)
Date filed in court 11/04/2010
Date uploaded to PACER 11/04/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
46.0 Declaration
DECLARATION of James W. Quinn in Opposition to Declaration of Marc Toberoff. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Quinn, James) (Entered: 11/05/2010)
Date filed in court 11/05/2010
Date uploaded to PACER 11/05/2010
Date uploaded to RECAP 11/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
47.0 Response in Opposition to Motion
RESPONSE in Opposition re: 31 MOTION to Dismiss Counterclaims. and Objection to the Declaration of James W. Quinn. Document filed by Barbara J. Kirby, Susan N. Kirby. (Attachments: # 1 Declaration of Marc Toberoff)(Toberoff, Marc) (Entered: 11/05/2010)
Date filed in court 11/05/2010
Date uploaded to PACER 11/05/2010
Date uploaded to RECAP 11/08/2010
Report privacy issue
Explanation: Page number(s) of Issue:
47.1 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
48.0 Endorsed Letter
ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Marc Toberoff dated 11/14/10 re: We respectfully ask this Court to clarify that while it ordered that Mr. Evanier could be separately deposed as a "fact witness" and an expert witness, Mr. Evanier should not be required to be deposed for more than seven hours in total per F.R.C.P. 30(d)(1). ENDORSEMENT: Fed. R. Civ. P. 30 (d)(1) speaks to the number and presumptive length of each deposition ("... a deposition is limited to 1 day of 7 hours"); Accordingly, a deponent who participates in a litigation in different capacities, for example, in an individual capacity and as a corporate representative (See Fed. R. Civ. P. 30(b)(6)), might testify at more than one deposition proceeding. In such a circumstance, each deposition would be governed by Fed. R. Civ. P. 30(d)(1). Therefore, the December 6, 2010 expert witness deposition is limited to one day of seven hours. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/15/10) (rjm) (Entered: 11/15/2010)
Date filed in court 11/15/2010
Date uploaded to PACER 11/15/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
49.0 Order on Motion to Dismiss
DECISION AND ORDER GRANTING IN PART AND DENYING IN PART COUNTERCLAIM-DEFENDANTS' MOTION TO DISMISS granting in part and denying in part 31 Motion to Dismiss. Granted as to Counterclaim-Plaintiffs' second, third, fourth, and fifth counterclaims. Counterclaim-Defendants' motion to dismiss the first counterclaim is denied. Counterclaim-Defendants' motion to dismiss The Walt Disney Company and Marvel Entertainment, Inc as Counterclaim-Defendants is also denied. (Signed by Judge Colleen McMahon on 11/19/10) Copies Sent By Chambers By ECF. (cd) (Entered: 11/22/2010)
Date filed in court 11/22/2010
Date uploaded to PACER 11/22/2010
Date uploaded to RECAP 11/29/2010
Report privacy issue
Explanation: Page number(s) of Issue:
50.0 Answer to Counterclaim
ANSWER to Counterclaim. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company.(Quinn, James) (Entered: 12/06/2010)
Date filed in court 12/06/2010
Date uploaded to PACER 12/06/2010
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
51.0 Endorsed Letter
ENDORSED LETTER addressed to Judge Collen McMahon from James W. Quinn dated 1/25/2011 re: Counsel request a brief telephonic conference to get the Court's guidance as to how Your Honor would like counsel to proceed. The parties respectfully request the opportunity to address and resolve the jury trial issue before preparing their pretrial order. ENDORSEMENT: Did you move to strike the jury demand? If not, why should I deal with them now?. (Signed by Judge Colleen McMahon on 1/26/2011) (jfe) (Entered: 01/26/2011)
Date filed in court 01/26/2011
Date uploaded to PACER 01/26/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
52.0 Motion to Strike
MOTION to Strike Jury Demand. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company.(Kleinick, Jodi) (Entered: 01/28/2011)
Date filed in court 01/28/2011
Date uploaded to PACER 01/28/2011
Date uploaded to RECAP 02/08/2011
Report privacy issue
Explanation: Page number(s) of Issue:
53.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 52 MOTION to Strike Jury Demand.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi) (Entered: 01/28/2011)
Date filed in court 01/28/2011
Date uploaded to PACER 01/28/2011
Date uploaded to RECAP 02/08/2011
Report privacy issue
Explanation: Page number(s) of Issue:
54.0 Declaration in Support of Motion
DECLARATION of Jodi A. Kleinick in Support re: 52 MOTION to Strike Jury Demand.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Kleinick, Jodi) (Entered: 01/28/2011)
Date filed in court 01/28/2011
Date uploaded to PACER 01/28/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
55.0 Endorsed Letter
ENDORSED LETTER addressed to Judge Colleen McMahon from Marc Toberoff dated 1/28/2011 re: Requesting a two week extension of the February 11, 2011 deadline for the parties to file summary judgment motions. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 1/31/2011) (jpo) (Entered: 01/31/2011)
Date filed in court 01/31/2011
Date uploaded to PACER 01/31/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
56.0 Notice of Change of Address
NOTICE OF CHANGE OF ADDRESS by David Fleischer on behalf of MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. New Address: Haynes and Boone, LLP, 30 Rockefeller Plaza, 26th Floor, New York, New York, USA 10112, 212-659-7300. (Fleischer, David) (Entered: 02/02/2011)
Date filed in court 02/02/2011
Date uploaded to PACER 02/02/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
57.0 Endorsed Letter
ENDORSED LETTER addressed to Judge Colleen McMahon from James W. Quinn, dated 2/2/2011, re: Counsel for Plaintiffs Marvel Worldwide, Inc., Marvel Characters, Inc and MVL Rights, LLC, together with counsel for the Defendants, write to request a brief postponement of the deadline for the parties to submit their Joint Pretrial Order and accompanying pretrial materials until forty-five (45) days after the jury demand issue is resolved, whether by consent or decision. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 2/7/2011) (lnl) (Entered: 02/07/2011)
Date filed in court 02/07/2011
Date uploaded to PACER 02/07/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
58.0 Stipulation and Order
STIPULATION & ORDER: 1. All of Marvel's claims and Defendants' remaining counterclaim in the action will be tried to the Court without a jury. 2. Marvel's January 28, 2011 motion to strike Defendants' jury demand is withdrawn as moot. 3. Marvel waives any and all claims to any costs or legal fees associated with its motion to strike Defendants' jury demand. SO ORDERED. (Signed by Judge Colleen McMahon on 2/16/2011) (lnl) (Entered: 02/16/2011)
Date filed in court 02/16/2011
Date uploaded to PACER 02/16/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
59.0 Endorsed Letter
ENDORSED LETTER: addressed to Judge Colleen McMahon from Randi W. Singer dated 2/18/2011 re: Counsel for Marvel request permission to file a non compatible disc with the Clerk of Court by conventional means. So Ordered. ENDORSEMENT: OK. So Ordered. (Signed by Judge Colleen McMahon on 2/18/2011) (js) (Entered: 02/18/2011)
Date filed in court 02/18/2011
Date uploaded to PACER 02/18/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
60.0 Motion for Summary Judgment
MOTION for Summary Judgment. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit Certificate of Service)(Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
61.0 Rule 56.1 Statement
RULE 56.1 STATEMENT. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
62.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
63.0 Sealed Document
SEALED DOCUMENT placed in vault.(mps) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.0 Declaration in Support of Motion
DECLARATION of Eli Bard in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1-1, # 2 Exhibit 1-2, # 3 Exhibit 1-3, # 4 Exhibit 1-4, # 5 Exhibit 1-5, # 6 Exhibit 1-6, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7)(Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
64.1 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.2 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.3 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.4 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.5 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.6 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.7 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.8 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.9 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.10 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.11 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
64.12 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.0 Declaration in Support of Motion
DECLARATION of Randi W. Singer in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16-1, # 17 Exhibit 16-2, # 18 Exhibit 16-3, # 19 Exhibit 16-4, # 20 Exhibit 17, # 21 Exhibit 18, # 22 Exhibit 19, # 23 Exhibit 20, # 24 Exhibit 21, # 25 Exhibit 22, # 26 Exhibit 23, # 27 Exhibit 24, # 28 Exhibit 25, # 29 Exhibit 26, # 30 Exhibit 27, # 31 Exhibit 28, # 32 Exhibit 29, # 33 Exhibit 30)(Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.1 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.2 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.3 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.4 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.5 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.6 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.7 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.8 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.9 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.10 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.11 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.12 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.13 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.14 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.15 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.16 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.17 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.18 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.19 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.20 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
65.21 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.22 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.23 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.24 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.25 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.26 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.27 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.28 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.29 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.30 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.31 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.32 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
65.33 Untitled
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
66.0 Declaration in Support of Motion
DECLARATION of Randi W. Singer in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 31, # 2 Exhibit 32, # 3 Exhibit 33, # 4 Exhibit 34, # 5 Exhibit 35, # 6 Exhibit 36, # 7 Exhibit 37, # 8 Exhibit 38, # 9 Exhibit 39, # 10 Exhibit 40, # 11 Exhibit 41-1, # 12 Exhibit 41-2, # 13 Exhibit 42, # 14 Exhibit 43, # 15 Exhibit 44, # 16 Exhibit 45, # 17 Exhibit 46, # 18 Exhibit 47, # 19 Exhibit 48, # 20 Exhibit 49, # 21 Exhibit 50, # 22 Exhibit 51, # 23 Exhibit 52, # 24 Exhibit 53, # 25 Exhibit 54, # 26 Exhibit 55, # 27 Exhibit 56, # 28 Exhibit 57)(Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
67.0 Motion in Limine
MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit Certificate of Service)(Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
68.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
69.0 Declaration in Support of Motion
DECLARATION of Sabrina A. Perelman in Support re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Quinn, James) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
70.0 Motion in Limine
MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit Certificate of Service)(Fleischer, David) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
71.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Fleischer, David) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
72.0 Declaration in Support of Motion
DECLARATION of David Fleischer in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fleischer, David) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
73.0 Motion for Summary Judgment
MOTION for Summary Judgment. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP 03/14/2011
Report privacy issue
Explanation: Page number(s) of Issue:
74.0 Declaration in Support of Motion
DECLARATION of Mark Evanier in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit)(Toberoff, Marc) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP 03/14/2011
Report privacy issue
Explanation: Page number(s) of Issue:
74.1 Exhibit A
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
74.2 Exhibit B
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
74.3 Exhibit C
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
74.4 Exhibit
Date filed in court Not available
Date uploaded to PACER Not available
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
75.0 Declaration in Support of Motion
DECLARATION of John Morrow in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B (part one), # 3 Exhibit B (part two), # 4 Exhibit B (part three))(Toberoff, Marc) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
76.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
77.0 Declaration in Support of Motion
DECLARATION of Marc Toberoff in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
78.0 Rule 56.1 Statement
RULE 56.1 STATEMENT. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 02/25/2011)
Date filed in court 02/25/2011
Date uploaded to PACER 02/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
79.0 Exhibit
DECLARATION OF RANDI W. SINGER IN SUPPORT OF PLAINTIFFS' AND COUNTERCLAIM-DEFENDANTS' MOTION FOR SUMMARY JUDGMENT (with accompanying CD with Exhibit 11). Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.***Accepted for filing by the Honorable Colleen McMahon on 2/18/11, document number 59.(mro) (Entered: 02/28/2011)
Date filed in court 02/28/2011
Date uploaded to PACER 02/28/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
80.0 Stipulation and Order
STIPULATION AND ORDER, that 1. Defendants' oppositions to Plaintiffs' Motions to Exclude must be filed and served on or before March 25, 2011; and 2. Plaintiffs' reply briefs in further support of their Motions to Exclude must be filed and served on or before April 8, 2011. ( Responses due by 3/25/2011, Replies due by 4/8/2011.) (Signed by Judge Colleen McMahon on 3/9/11) (pl) Modified on 3/9/2011 (pl). (Entered: 03/09/2011)
Date filed in court 03/09/2011
Date uploaded to PACER 03/09/2011
Date uploaded to RECAP 03/10/2011
Report privacy issue
Explanation: Page number(s) of Issue:
81.0 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 73 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Quinn, James) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
82.0 Declaration in Opposition to Motion
DECLARATION of Randi W. Singer (Supplemental) in Opposition re: 73 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Attachments: # 1 Exhibit 58, # 2 Exhibit 59, # 3 Exhibit 60, # 4 Exhibit 61, # 5 Exhibit 62, # 6 Exhibit 63)(Quinn, James) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
83.0 Counter Statement to Rule 56.1
COUNTER STATEMENT TO 78 Rule 56.1 Statement. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Worldwide, Inc.. (Quinn, James) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
84.0 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP 03/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
85.0 Declaration in Opposition to Motion
DECLARATION of Marc Toberoff in Opposition re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
86.0 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
87.0 Declaration in Opposition to Motion
DECLARATION of Marc Toberoff in Opposition re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
88.0 Declaration in Opposition to Motion
DECLARATION of Mark Evanier in Opposition re: 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
89.0 Declaration in Opposition to Motion
DECLARATION of John Morrow in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B (part 1), # 3 Exhibit B (part 2), # 4 Exhibit B (part 3))(Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
90.0 Declaration in Opposition to Motion
DECLARATION of Mark Evanier in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
91.0 Declaration in Opposition to Motion
DECLARATION of Richard Ayers in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
92.0 Declaration in Opposition to Motion
DECLARATION of Joe Sinnott in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
93.0 Declaration in Opposition to Motion
DECLARATION of Neal Adams in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
94.0 Declaration in Opposition to Motion
DECLARATION of James Steranko in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
95.0 Memorandum of Law in Opposition to Motion
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MEMORANDUM OF LAW in Opposition re: 60 MOTION for Summary Judgment. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc) Modified on 3/28/2011 (db). (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
96.0 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
97.0 Declaration in Opposition to Motion
DECLARATION of Marc Toberoff (Part II) in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit FF, # 2 Exhibit GG, # 3 Exhibit HH, # 4 Exhibit II, # 5 Exhibit JJ, # 6 Exhibit KK, # 7 Exhibit LL, # 8 Exhibit MM, # 9 Exhibit NN, # 10 Exhibit OO, # 11 Exhibit PP, # 12 Exhibit QQ, # 13 Exhibit RR, # 14 Exhibit SS, # 15 Exhibit TT, # 16 Exhibit UU, # 17 Exhibit VV, # 18 Exhibit WW, # 19 Exhibit XX, # 20 Exhibit YY, # 21 Exhibit ZZ, # 22 Exhibit AAA, # 23 Exhibit BBB, # 24 Exhibit CCC, # 25 Exhibit DDD, # 26 Exhibit EEE, # 27 Exhibit FFF, # 28 Exhibit GGG, # 29 Exhibit HHH, # 30 Exhibit III, # 31 Exhibit JJJ, # 32 Exhibit KKK, # 33 Exhibit LLL)(Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
98.0 Counter Statement to Rule 56.1
COUNTER STATEMENT TO 61 Rule 56.1 Statement. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/25/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/25/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
99.0 Declaration in Opposition to Motion
DECLARATION of Gene Colan in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A (Filed Under Seal), # 2 Exhibit B (Filed Under Seal), # 3 Exhibit C (Filed Under Seal), # 4 Exhibit D (Filed Under Seal))(Toberoff, Marc) (Entered: 03/26/2011)
Date filed in court 03/26/2011
Date uploaded to PACER 03/26/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
100.0 Declaration in Opposition to Motion
DECLARATION of Marc Toberoff [Redacted]- Original Filed Under Seal in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit 1 (Filed Under Seal), # 2 Exhibit 2 (Filed Under Seal), # 3 Exhibit 3 (Filed Under Seal), # 4 Exhibit 4 (Filed Under Seal), # 5 Exhibit 5 (Filed Under Seal), # 6 Exhibit 6 (Filed Under Seal), # 7 Exhibit 7 (Filed Under Seal), # 8 Exhibit 8 (Filed Under Seal), # 9 Exhibit 9 (Filed Under Seal), # 10 Exhibit 10 (Filed Under Seal), # 11 Exhibit 11 (Filed Under Seal), # 12 Exhibit 12 (Filed Under Seal), # 13 Exhibit 13 (Filed Under Seal), # 14 Exhibit 14 (Filed Under Seal), # 15 Exhibit 15 (Filed Under Seal))(Toberoff, Marc) (Entered: 03/26/2011)
Date filed in court 03/26/2011
Date uploaded to PACER 03/26/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
101.0 Objection (non-motion)
Objection re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 03/26/2011)
Date filed in court 03/26/2011
Date uploaded to PACER 03/26/2011
Date uploaded to RECAP 03/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
102.0 Declaration in Opposition to Motion
DECLARATION of Marc Toberoff (Part I) in Opposition re: 60 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE)(Toberoff, Marc) (Entered: 03/28/2011)
Date filed in court 03/28/2011
Date uploaded to PACER 03/28/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
103.0 Sealed Document
SEALED DOCUMENT placed in vault.(nm) (Entered: 03/28/2011)
Date filed in court 03/25/2011
Date uploaded to PACER 03/28/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
104.0 Notice (Other)
NOTICE of Elements of Claim and Defense. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James) (Entered: 04/01/2011)
Date filed in court 04/01/2011
Date uploaded to PACER 04/01/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
105.0 Pretrial Statement
PRETRIAL STATEMENT filed pusruant to paragraph 3.E.ii of the Court's Individual Practices. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby.(Toberoff, Marc) (Entered: 04/01/2011)
Date filed in court 04/01/2011
Date uploaded to PACER 04/01/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
106.0 Endorsed Letter
ENDORSED LETTER addressed to Judge Colleen McMahon from Marc Toberoff dated 4/5/2011 re: Requesting a five page extension of the page limit. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 4/5/2011) (jpo) (Entered: 04/05/2011)
Date filed in court 04/05/2011
Date uploaded to PACER 04/05/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
107.0 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 60 MOTION for Summary Judgment.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
108.0 Counter Statement to Rule 56.1
COUNTER STATEMENT TO 61 Rule 56.1 Statement. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
109.0 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow., 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Quinn, James) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
110.0 Declaration in Support of Motion
DECLARATION of Sabrina A. Perelman (Reply) in Support re: 70 MOTION in Limine to Exclude the Expert Report and Testimony of John Morrow., 67 MOTION in Limine to Exclude the Expert Report and Testimony of Mark Evanier.. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1)(Quinn, James) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
111.0 Motion to Strike
MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company.(Kleinick, Jodi) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
112.0 Memorandum of Law in Support of Motion
MEMORANDUM OF LAW in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP 04/18/2011
Report privacy issue
Explanation: Page number(s) of Issue:
113.0 Declaration in Support of Motion
DECLARATION of Jodi A. Kleinick in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Kleinick, Jodi) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
114.0 Declaration in Support of Motion
DECLARATION of Marc Toberoff (Reply) in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Toberoff, Marc) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
115.0 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 73 MOTION for Summary Judgment.. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 04/08/2011)
Date filed in court 04/08/2011
Date uploaded to PACER 04/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
116.0 Counter Statement to Rule 56.1
COUNTER STATEMENT TO 78 Rule 56.1 Statement. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 04/09/2011)
Date filed in court 04/09/2011
Date uploaded to PACER 04/09/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
117.0 Memorandum of Law in Opposition to Motion
MEMORANDUM OF LAW in Opposition re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Toberoff, Marc) (Entered: 04/22/2011)
Date filed in court 04/22/2011
Date uploaded to PACER 04/22/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
118.0 Declaration in Opposition to Motion
DECLARATION of Marc Toberoff in Opposition re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Toberoff, Marc) (Entered: 04/22/2011)
Date filed in court 04/22/2011
Date uploaded to PACER 04/22/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
119.0 Reply Memorandum of Law in Support of Motion
REPLY MEMORANDUM OF LAW in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi) (Entered: 04/29/2011)
Date filed in court 04/29/2011
Date uploaded to PACER 04/29/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
120.0 Declaration in Support of Motion
DECLARATION of Jodi A. Kleinick (Reply) in Support re: 111 MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),]. MOTION to Strike Document No. [89 (Ex. B), 92, 94, 97 (Exs. GG, JJ, OO, FFF, JJJ, LLL) and 102 (Ex. Y),].. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kleinick, Jodi) (Entered: 04/29/2011)
Date filed in court 04/29/2011
Date uploaded to PACER 04/29/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
121.0 Memorandum & Opinion
MEMORANDUM OPINION AND ORDER GRANTING PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND DENYING DEFENDANTS' #100581 CROSS MOTION FOR SUMMARY JUDGMENT. For the reasons discussed in this memorandum opinion and order, the Plaintiffs' motion for summary judgment is granted. The Defendants' cross motion for summary judgment is denied. The Docket Clerk is instructed to remove docket entries 60 and 73 from the Court's list of pending motions. Further, the Plaintiffs' motions to strike the expert reports of Mark Evanier and John Morrow are granted. The Docket Clerk is instructed to remove docket entries 67 and 70 from the Court's list of pending motions. Plaintiffs' motion to strike the declarations of Sinnott and Steranko is denied. The Docket Clerk is instructed to remove docket entry 111 from the Court's list of pending motions. The Court will enter judgment in favor of Plaintiffs and close the case. (Signed by Judge Colleen McMahon on 7/28/11) Copies Sent By Chambers via ECF to All Counsel. (rjm) Modified on 7/28/2011 (ajc). (Entered: 07/28/2011)
Date filed in court 07/28/2011
Date uploaded to PACER 07/28/2011
Date uploaded to RECAP 07/28/2011
Report privacy issue
Explanation: Page number(s) of Issue:
122.0 Notice (Other)
NOTICE of Notice of Change of Firm Name. Document filed by MVL Rights, LLC, Marvel Characters, Inc., Marvel Entertainment, Inc., Marvel Worldwide, Inc., The Walt Disney Company. (Kleinick, Jodi) (Entered: 08/04/2011)
Date filed in court 08/04/2011
Date uploaded to PACER 08/04/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
123.0 Clerk's Judgment
CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion and Order dated July 28, 2011, Plaintiffs' motion for summary judgment is granted; defendants' cross-motion for summary judgment is denied; plaintiffs' motion to strike the expert reports of Mark Evanier and John Morrow are granted; plaintiffs' motion to strike the declarations of Sinnitt and Steranko are denied, and judgment is entered is favor of plaintiffs'; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/8/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 08/08/2011)
Date filed in court 08/08/2011
Date uploaded to PACER 08/08/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
124.0 Notice of Appeal
NOTICE OF APPEAL from 123 Clerk's Judgment. Document filed by Barbara J. Kirby, Lisa R. Kirby, Neal L. Kirby, Susan N. Kirby. Filing fee $ 455.00, receipt number 465401014037. (tp) (Entered: 08/16/2011)
Date filed in court 08/15/2011
Date uploaded to PACER 08/16/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
125.0 Notice of Change of Address
Date filed in court 12/09/2011
Date uploaded to PACER 12/09/2011
Date uploaded to RECAP Not available
Report privacy issue
Explanation: Page number(s) of Issue:
Documents in this range may be missing.