Open Source Security, Inc. v. Perens Assigned to: Magistrate Judge Laurel Beeler Demand: $3,000,000 Cause: 28:1332 Diversity-Libel,Assault,Slander |
Date Filed: 07/17/2017 Jury Demand: Plaintiff Nature of Suit: 320 Assault Libel & Slander Jurisdiction: Diversity |
| Plaintiff | ||
| Open Source Security,
Inc. A Pennsylvania Corporation |
represented by | Rohit Chhabra Chhabra Law Firm 257 Castro St Suite 104 Mountain View, CA 94041 ATTORNEY TO BE NOTICED |
| Plaintiff | ||
| BRADLEY SPENGLER | represented by | Rohit Chhabra (See above for address) ATTORNEY TO BE NOTICED |
V. |
||
| Defendant | ||
| Bruce Perens | represented by | Heather Janine
Meeker O'Melveny & Myers LLP 2765 Sand Hill Road Menlo Park, CA 94025 LEAD ATTORNEY ATTORNEY TO BE NOTICED Melody N Drummond Hansen O'Melveny and Myers LLP 2 Embarcadero Center 28th Floor San Francisco, CA 94111-3823 LEAD ATTORNEY ATTORNEY TO BE NOTICED Cara Lorraine Gagliano O Melveny and Myers LLP 2 Embarcadero Center 28th Floor San Francisco, CA 94111 ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|
| 06/24/2018 | 101 | Order granting 100 Motion to Stay; granting 100 Motion for Bond entered by Magistrate Judge Laurel Beeler. The court grants the unopposed motion, approves the $300,000 bond, and stays the order entering fees and costs pending the disposition of the plaintiffs' appeals. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/24/2018) |
| 06/22/2018 | 100 | MOTION to Stay re 95 Order on Motion for Attorney Fees,, Unopposed Motion to Stay Execution of Judgment, MOTION for Bond Approval of Supersedeas Bond And Joint Statement by the Parties filed by Open Source Security, Inc., BRADLEY SPENGLER. Responses due by 7/6/2018. Replies due by 7/13/2018. (Attachments: # 1 Exhibit Executed Bond, # 2 Proposed Order)(Chhabra, Rohit) (Filed on 6/22/2018) (Entered: 06/22/2018) |
| 06/15/2018 | 99 | USCA Case Number 18-16082 for 96 Notice of Appeal filed by Open Source Security, Inc., BRADLEY SPENGLER. (tnS, COURT STAFF) (Filed on 6/15/2018) (Entered: 06/15/2018) |
| 06/14/2018 | 98 | JOINT STATEMENT BY PARTIES MEET AND CONFER re 97 Order filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 6/14/2018) (Entered: 06/14/2018) |
| 06/11/2018 | 97 | ORDER. The court asks the parties to confer within two business days about whether they would like a referral to a magistrate judge for a settlement conference. The parties could request a random referral or a specific judge. It is possible to pursue an ADR option even with a notice of appeal (through coordination with the Ninth Circuit's ADR program). The court asks the parties to update the court by Thursday, 6/14/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 6/11/2018) (Entered: 06/11/2018) |
| 06/11/2018 | 96 | NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Open Source Security, Inc., BRADLEY SPENGLER. Appeal of Order on Motion for Attorney Fees 95 - (Appeal Fee of $505.00 receipt number 0971-12426699 paid.) (Chhabra, Rohit) (Filed on 6/11/2018) (Entered: 06/11/2018) |
| 06/09/2018 | 95 |
ORDER granting 62
Motion for Attorney Fees.
The court grants in part the motion for attorney's fees and awards $259,900.50 in fees (for 446.20 hours) and $2,403.12 in costs. Exhibits 1 and 2 are filed under seal (and the clerical task to accomplish that will be done on Monday morning). The exhibits are under seal for the reasons discussed in the attached order, and the parties are to treat them as sealed absent stipulation of the parties or further order of the court. (Attachments: # 1 (sealed) Exhibit 1: Defendant's Fee Demand, # 2 (sealed) Exhibit 2: Fee Award (Beeler, Laurel) (Filed on 6/9/2018) (Entered: 06/09/2018) |
| 06/09/2018 | 94 | Order granting 92 Administrative Motion to File Under Seal entered by Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 06/09/2018) |
| 05/30/2018 | 93 | CERTIFICATE OF SERVICE by Bruce Perens re 92 Administrative Motion to File Under Seal (Drummond Hansen, Melody) (Filed on 5/30/2018) (Entered: 05/30/2018) |
| 05/29/2018 | 92 | Administrative Motion to File Under Seal filed by Bruce Perens. (Attachments: # 1 Declaration of Melody Drummond Hansen in Support, # 2 Proposed Order, # 3 Declaration of Melody Drummond Hansen (Redacted), # 4 Declaration of Melody Drummond Hansen (Unredacted), # 5 Exhibit 1 - (Filed Under Seal)(Drummond Hansen, Melody) (Filed on 5/29/2018) (Entered: 05/29/2018) |
| 05/29/2018 | 91 | Declaration of Melody Drummond Hansen in Support of Defendant Bruce Perens's Motion for Attorneys Fees; Provided in Accordance with Court's Order Regarding Chart (ECF No. 89 ) filed by Bruce Perens. (Attachments: # 1 Exhibit 1)(Drummond Hansen, Melody) (Filed on 5/29/2018) (Entered: 05/29/2018) |
| 05/21/2018 | 90 |
Order denying 64
Motion for Sanctions entered by Magistrate Judge Laurel
Beeler.
The court exercises its discretion and declines to impose sanctions. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 05/21/2018) |
| 05/21/2018 | 89 | ORDER. The defendant provided a chart that summarized counsel's lodestar fees by hours and task. The court asks for the same chart filed and word format with the following additional information for each category: the biller, the hourly rate, and the total hours expended on that task. The court also asks for the billing records (Exhibit C) in chronological order broken out by biller. Another approach is to provide a spreadsheet that allows the court to sort the fields by biller.The information must be submitted in one week (unless that is unreasonable, in which case, the defendant must update the court by then with its timetable). (lblc3S, COURT STAFF) (Filed on 5/21/2018). Signed by Judge Laurel Beeler on May 21, 2018. (Entered: 05/21/2018) |
| 03/29/2018 | 88 | Order by Magistrate Judge Laurel Beeler granting 83 Administrative Motion to File Under Seal. The court grants the unopposed motion to file under seal.(lblc3S, COURT STAFF) (Filed on 3/29/2018) (Entered: 03/29/2018) |
| 03/28/2018 | 87 | Supplemental Brief re 84 Reply to Opposition/Response, Objection to Reply Evidence Pursuant to L.R. 7-3(d)(1) filed by Open Source Security, Inc., BRADLEY SPENGLER. (Related document(s) 84 ) (Chhabra, Rohit) (Filed on 3/28/2018) (Entered: 03/28/2018) |
| 03/26/2018 | 86 | CLERK'S NOTICE VACATING MOTION HEARING: The Motion Hearing, which has been noticed for Thursday, April 5, 2018, will be decided on papers submitted without oral argument. Accordingly, the hearing is hereby VACATED. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/26/2018) (Entered: 03/26/2018) |
| 03/23/2018 | 85 | EXHIBITS re 83 Administrative Motion to File Under Seal filed by Bruce Perens. (Attachments: # 1 Exhibit E)(Related document(s) 83 ) (Drummond Hansen, Melody) (Filed on 3/23/2018) (Entered: 03/23/2018) |
| 03/22/2018 | 84 | REPLY (re 62 MOTION for Attorney Fees / Defendant Bruce Perens's Motion for Mandatory Fees and Costs Under California's Anti-Slapp Law and Memorandum in Support ) filed by Bruce Perens. (Attachments: # 1 Drummond Hansen Declartion, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G)(Drummond Hansen, Melody) (Filed on 3/22/2018) (Entered: 03/22/2018) |
| 03/22/2018 | 83 | Administrative Motion to File Under Seal filed by Bruce Perens. (Attachments: # 1 Gagliano Declaration, # 2 Proposed Order, # 3 Exhibit A (Redacted), # 4 Exhibit A (Under Seal), # 5 Exhibit B (Redacted), # 6 Exhibit B (Under Seal), # 7 Drummond Hansen Declaration (Redacted), # 8 Drummond Hansen Declartion (Under Seal))(Drummond Hansen, Melody) (Filed on 3/22/2018) (Entered: 03/22/2018) |
| 03/22/2018 | 82 | REPLY (re 64 MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof ) Defendant's Reply in Support of Motion for Sanctions filed by Bruce Perens. (Attachments: # 1 Declaration of Melody Drummond Hansen, # 2 Exhibit 1, # 3 Exhibit 2)(Drummond Hansen, Melody) (Filed on 3/22/2018) (Entered: 03/22/2018) |
| 03/12/2018 | 81 | Order by Magistrate Judge Laurel Beeler granting 77 Administrative Motion to File Under Seal. The court grants the unopposed motion to file under seal.(lblc3S, COURT STAFF) (Filed on 3/12/2018) Modified on 3/13/2018 (aaaS, COURT STAFF). This is a text only docket entry. (Entered: 03/12/2018) |
| 03/12/2018 | 80 | Declaration of Cara L. Gagliano in Support of Plaintiffs' Administrative Motion to Seal Under Civil L.R. 79-5(e) 77 filed by Bruce Perens. (Gagliano, Cara) (Filed on 3/12/2018) (Entered: 03/12/2018) |
| 03/09/2018 | 79 | OPPOSITION/RESPONSE (re 64 MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof ) filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 Exhibit Exhibits (Ex. 2 Redacted))(Chhabra, Rohit) (Filed on 3/9/2018) (Entered: 03/09/2018) |
| 03/09/2018 | 78 | OPPOSITION/RESPONSE (re 62 MOTION for Attorney Fees / Defendant Bruce Perens's Motion for Mandatory Fees and Costs Under California's Anti-Slapp Law and Memorandum in Support ) filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 Exhibit Ex. 1 (Redacted), # 2 Exhibit Exhibits 2-7 (not under seal))(Chhabra, Rohit) (Filed on 3/9/2018) (Entered: 03/09/2018) |
| 03/09/2018 | 77 | Administrative Motion to File Under Seal Opposition to Attorneys' Fee and Opposition to 1927 Sanctions Motion filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 Proposed Order, # 2 Redacted Version of Opposition to Motion for Attorneys' Fee, # 3 Redacted Version of Ex. 1 in Support of Opposition of Attorney Fees Motion, # 4 Unredacted version of opposition to Attorneys' Fee motion, # 5 Unredacted Version of Ex. 1, # 6 Redacted Version of Opposition of Section 1927 Motion, # 7 Redacted version of Exhibit in Support of Opposition to Section 1927 Sanctions, # 8 unredacted version of Opposition to 1927 Sanctions, # 9 unredacted version of Exhibits in Opposition of Sanctions)(Chhabra, Rohit) (Filed on 3/9/2018) (Entered: 03/09/2018) |
| 02/15/2018 | 75 | Order by Magistrate Judge Laurel Beeler denying 68 Ex Parte Application. Plaintiff's counsel has identified no prejudice from the twenty-two minute delayed filing. The court deems the defendant's motion to be timely. (lblc3S, COURT STAFF) (Filed on 2/15/2018) (Entered: 02/15/2018) |
| 02/14/2018 | 76 |
ORDER re 72 STIPULATION
WITH PROPOSED ORDER re 64 MOTION for Sanctions and
62 MOTION for Attorney
Fees.
Plaintiff's response to motion for attorney's fees
and opposition due 3/8/2018. Defendant's reply in support
of motion for attorneys' fees and reply in support of
motion for sanctions due by 3/22/2018. Motion Hearings
reset from 3/29/2018 to 4/5/2018 at 09:30 AM in San
Francisco, Courtroom C, 15th Floor before Magistrate Judge
Laurel Beeler. |
| 02/14/2018 | 74 | REPLY (re 68 Ex Parte Application re 64 MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof --Sanctions Motion Improper Based on Procedure-- ) Rebuttal arguments to Defendant's opposition filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 2/14/2018) (Entered: 02/14/2018) |
| 02/14/2018 | 73 | OPPOSITION/RESPONSE (re 68 Ex Parte Application re 64 MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof --Sanctions Motion Improper Based on Procedure-- ) filed by Bruce Perens. (Attachments: # 1 Declaration of Melody Drummond Hansen in Support of)(Drummond Hansen, Melody) (Filed on 2/14/2018) (Entered: 02/14/2018) |
| 02/14/2018 | 72 | STIPULATION WITH PROPOSED ORDER re 64 MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof, 62 MOTION for Attorney Fees / Defendant Bruce Perens's Motion for Mandatory Fees and Costs Under California's Anti-Slapp Law and Memorandum in Support --[CORRECTED] STIPULATED REQUEST TO SET REVISED SCHEDULE-- filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 2/14/2018) (Entered: 02/14/2018) |
| 02/14/2018 | 71 | STIPULATION WITH PROPOSED ORDER re 64 MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof, 62 MOTION for Attorney Fees / Defendant Bruce Perens's Motion for Mandatory Fees and Costs Under California's Anti-Slapp Law and Memorandum in Support --STIPULATED REQUEST TO SET REVISED SCHEDULE-- filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 2/14/2018) (Entered: 02/14/2018) |
| 02/13/2018 | 70 | USCA Case Number 18-15189 9th Circuit for 59 Notice of Appeal filed by Open Source Security, Inc., BRADLEY SPENGLER. (fabS, COURT STAFF) (Filed on 2/13/2018) (Entered: 02/13/2018) |
| 02/13/2018 | 69 | Order by Magistrate Judge Laurel Beeler granting 63 Administrative Motion to File Under Seal. The court grants the unopposed motion to file under seal.(lblc3S, COURT STAFF) (Filed on 2/13/2018) (Entered: 02/13/2018) |
| 02/10/2018 | 68 | Ex Parte Application re 64 MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof --Sanctions Motion Improper Based on Procedure-- filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 2/10/2018) (Entered: 02/10/2018) |
| 02/08/2018 | 67 | EXHIBITS re 63 Administrative Motion to File Under Seal (Declaration of Melody Drummond Hansen In Support - Redcated and Corrected) filed by Bruce Perens. (Related document(s) 63 ) (Drummond Hansen, Melody) (Filed on 2/8/2018) (Entered: 02/08/2018) |
| 02/08/2018 | 66 | EXHIBITS re 62 MOTION for Attorney Fees / Defendant Bruce Perens's Motion for Mandatory Fees and Costs Under California's Anti-Slapp Law and Memorandum in Support (Declaration of Melody Drummond Hansen In Support of Defendant Bruce Perens's Motion For Mandatory Fees And Costs Under California's Anti-SLAPP Law - Redcated and Corrected) filed by Bruce Perens. (Related document(s) 62 ) (Drummond Hansen, Melody) (Filed on 2/8/2018) (Entered: 02/08/2018) |
| 02/08/2018 | 65 | CERTIFICATE OF SERVICE by Bruce Perens re 63 Administrative Motion to File Under Seal (Drummond Hansen, Melody) (Filed on 2/8/2018) (Entered: 02/08/2018) |
| 02/08/2018 | 64 | MOTION for Sanctions Against Plaintiffs' Counsel; Memorandum of Points and Authorities in Support Thereof filed by Bruce Perens. Motion Hearing set for 3/29/2018 09:30 AM in San Francisco, Courtroom C, 15th Floor before Magistrate Judge Laurel Beeler. Responses due by 2/22/2018. Replies due by 3/1/2018. (Attachments: # 1 Declaration of Melody Drummond Hansen, # 2 Proposed Order)(Drummond Hansen, Melody) (Filed on 2/8/2018) (Entered: 02/08/2018) |
| 02/07/2018 | 63 |
Administrative Motion to File Under Seal filed by Bruce
Perens. (Attachments: # 1
Declaration of Cara L. Gagliano in Support of Motion to
Seal, # 2 Proposed Order, #
*** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE
REFILED LATER. *** (3) Declaration of Melody Drummond Hansen (Redacted), # 4 Declaration of Melody Drummond Hansen (Unredacted))(Drummond Hansen, Melody) (Filed on 2/7/2018) Modified on 2/8/2018 (wv, COURT STAFF). (Entered: 02/08/2018) |
| 02/07/2018 | 62 |
MOTION for Attorney Fees / Defendant Bruce Perens's
Motion for Mandatory Fees and Costs Under California's
Anti-Slapp Law and Memorandum in Support filed by Bruce
Perens. Responses due by 2/21/2018. Replies due by
2/28/2018. *** FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT
TO BE REFILED LATER. *** (Attachments: # 1 Declaration of Melody Drummond Hansen in Support of, # 2 Declaration of Paul Covey, # 3 Proposed Order)(Drummond Hansen, Melody) (Filed on 2/7/2018) Modified on 2/8/2018 (wv, COURT STAFF). (Entered: 02/07/2018) |
| 02/06/2018 | 61 | Transcript Designation Form for proceedings held on 12/14/2017 before Judge Hon. Laurel Beeler, re 59 Notice of Appeal (filed 2/5/18) Transcript due by 4/6/2018. (Chhabra, Rohit) (Filed on 2/6/2018) (Entered: 02/06/2018) |
| 02/05/2018 | 60 | Transcript Designation Form for proceedings held on 12/14/2017 before Judge Hon. Laurel Beeler, (Chhabra, Rohit) (Filed on 2/5/2018) (Entered: 02/05/2018) |
| 02/05/2018 | 59 | NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Open Source Security, Inc., BRADLEY SPENGLER. (Appeal fee of $505 receipt number 0971-12085156 paid.) (Chhabra, Rohit) (Filed on 2/5/2018) (Entered: 02/05/2018) |
| 01/24/2018 | 58 | JUDGMENT Signed by Judge Laurel Beeler on January 24, 2018. (lblc3S, COURT STAFF) (Filed on 1/24/2018) (Entered: 01/24/2018) |
| 01/22/2018 | 57 | Ex Parte Application re 56 Order,,,, to enter final judgment and proposed order filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 1/22/2018) (Entered: 01/22/2018) |
| 01/19/2018 | 56 | The court previously dismissed the plaintiffs' claims for failure to state a claim and with leave to amend. (ECF No. 53.) The plaintiffs have submitted a notice of intent not to file an amended complaint and have asked the court to enter a judgment of dismissal without prejudice. (ECF No. 55.) Ordinarily, if the plaintiffs want to appeal, a judgment dismissing the case with prejudice is appropriate. Alternatively, if the plaintiffs want to end their case without prejudice, they can file a notice of voluntarily dismissal under Rule 41(a)(1) because the defendants have not answered or filed a summary-judgment motion, but then they cannot appeal. See Concha v. London, 62 F.3d 1493, 1507 (9th Cir. 1995). Under the circumstances, the court directs the parties to confer on a proposed form of judgment or whatever alternative process they might pursue. Signed by Judge Laurel Beeler on January 19, 2017. (This is a text-only entry generated by the court. There is no document associated with this entry.) (lblc3S, COURT STAFF) (Filed on 1/19/2018) (Entered: 01/19/2018) |
| 01/18/2018 | 55 | NOTICE by Open Source Security, Inc., BRADLEY SPENGLER OF INTENT NOT TO FILE AN AMENDED COMPLAINT (Chhabra, Rohit) (Filed on 1/18/2018) (Entered: 01/18/2018) |
| 12/21/2017 | not available | Transcript of Digital Audio Recording of Proceedings held on 12/14/2017, before Judge Laurel Beeler. Court Reporter/Transcriber Lydia Zinn, telephone number (xxx) xxx-xxxx. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 50 Transcript Order, 51 Transcript Order ) Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/21/2018. (Related documents(s) 50 , 51 ) (zinnlr62S, COURT STAFF) (Filed on 12/21/2017) (Entered: 12/21/2017) |
| 12/21/2017 | 53 | ORDER granting 30 Motion to Dismiss. In the attached order, the court dismisses the complaint with leave to amend, denies the anti-SLAPP motion without prejudice, and denies the motion for summary judgment. The plaintiffs must file any amended complaint by January 18, 2018. (Beeler, Laurel) (Filed on 12/21/2017) (Entered: 12/21/2017) |
| 12/14/2017 | 52 | AUDIO RECORDINGS ORDER (re: 48 Motion Hearing, ), by Open Source Security, Inc.. Court will send to Rohit Chhabra at [email protected] a link to the files requested in this order. ( Filing fee $ 31, receipt number 0971-11954258). (Chhabra, Rohit) (Filed on 12/14/2017) (Entered: 12/14/2017) |
| 12/14/2017 | 51 | TRANSCRIPT ORDER for proceedings held on 12-14-2017 before Magistrate Judge Laurel Beeler by Open Source Security, Inc., for Court Reporter FTR - San Francisco. (Chhabra, Rohit) (Filed on 12/14/2017) (Entered: 12/14/2017) |
| 12/14/2017 | 50 | TRANSCRIPT ORDER for proceedings held on 12-14-2017 before Magistrate Judge Laurel Beeler by Bruce Perens, for Court Reporter FTR - San Francisco. (Drummond Hansen, Melody) (Filed on 12/14/2017) (Entered: 12/14/2017) |
| 12/14/2017 | 49 | AUDIO RECORDINGS ORDER (re: 48 Motion Hearing, ), by Bruce Perens. Court will send to Diana Diaz at [email protected] a link to the files requested in this order. ( Filing fee $ 31, receipt number 0971-11954132). (Drummond Hansen, Melody) (Filed on 12/14/2017) (Entered: 12/14/2017) |
| 12/14/2017 | 48 |
Minute Entry for proceedings held before Magistrate
Judge Laurel Beeler: Motion Hearing held on 12/14/2017.
Matter is taken under submission. Court will issue an
order.
FTR Time: 10:26-10:57. |
| 12/13/2017 | 47 | Brief (Defendant Bruce Perens's Response Memorandum to Plaintiffs' Supplemental Points and Authorities in Opposition to Defendant's Motion to Dismiss and Special Motion to Strike 45 ) filed by Bruce Perens. (Drummond Hansen, Melody) (Filed on 12/13/2017) (Entered: 12/13/2017) |
| 12/13/2017 | 46 |
Order granting 45
Motion for Leave to File entered by Magistrate Judge Laurel
Beeler.
The court just recognized that the plaintiff's unopposed motion to file a supplemental memo contemplated a response from the defendant. The defendant said that it "has not seen Plaintiff's proposed memorandum and requests the opportunity to file a short response, if necessary." In case the defendant was waiting for court approval to file any response, the court grants the request to file a response. (The court recognizes that it also is possible that the lack of a response means that the defendant did not think it "necessary.") Any response should be filed as soon as is practicable else the court will not be able to read it before the hearing. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/13/2017) |
| 12/12/2017 | 45 | MOTION for Leave to File (UNOPPOSED) A SUPPLEMENTAL MEMORANDUM OF POINTS & AUTHORITIES TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND SPECIAL MOTION TO STRIKE filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 SUPPLEMENTAL MEMORANDUM OF POINTS & AUTHORITIES TO PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS AND SPECIAL MOTION TO STRIKE)(Chhabra, Rohit) (Filed on 12/12/2017) (Entered: 12/12/2017) |
| 11/30/2017 | 44 | REPLY (re 30 MOTION to Dismiss (Defendant Bruce Perens's Notice of Motion and Special Motion to Strike the First Amended Complaint Pursuant to the California Anti-Slapp Statute, Code of Civ. Proc. Sec. 425.16, and Motion to Dismiss the First Amended Compla ) / Defendant Bruce Perens's Reply Memorandum of Points and Authorities in Support of Special Motion to Strike the First Amended Complaint Pursuant to the California Anti-Slapp Statute, Code of Civ. Proc. Sec. 425.16, and Motion to Dismiss the First Amended Complaint with Prejudice Pursuant to Fed. R. Civ. P. 12(b)(6) filed by Bruce Perens. (Drummond Hansen, Melody) (Filed on 11/30/2017) (Entered: 11/30/2017) |
| 11/28/2017 | ADR Remark: ADR Phone Conference held on 11/28/2017 by Tamara Lange. (cmf, COURT STAFF) (Filed on 11/28/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 11/28/2017) | |
| 11/27/2017 | 42 | OPPOSITION/RESPONSE (re 40 ADMINISTRATIVE MOTION for Leave to File a Surreply and Supplemental Declaration ) filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 Declaration Declaration of Rohit Chhabra in Opposition, # 2 Proposed Order)(Chhabra, Rohit) (Filed on 11/27/2017) (Entered: 11/27/2017) |
| 11/27/2017 | CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Due to the pending motions, the court resets the initial CMC from 11/30/2017 to 02/08/2018 at 11:00 a.m. in Courtroom C, 15th Floor, San Francisco. Case Management Statement due by 2/1/2018. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 11/27/2017) (Entered: 11/27/2017) | |
| 11/24/2017 | 40 | ADMINISTRATIVE MOTION for Leave to File a Surreply and Supplemental Declaration filed by Bruce Perens. Responses due by 11/28/2017. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Declaration of Melody Drummond Hansen in Support, # 4 Proposed Order)(Drummond Hansen, Melody) (Filed on 11/24/2017) (Entered: 11/24/2017) |
| 11/22/2017 | 39 | JOINT CASE MANAGEMENT STATEMENT filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 11/22/2017) (Entered: 11/22/2017) |
| 11/21/2017 | 38 | OPPOSITION/RESPONSE (re 30 MOTION to Dismiss (Defendant Bruce Perens's Notice of Motion and Special Motion to Strike the First Amended Complaint Pursuant to the California Anti-Slapp Statute, Code of Civ. Proc. Sec. 425.16, and Motion to Dismiss the First Amended Compla ) filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 Declaration Declaration of Bradley Spengler, # 2 Proposed Order)(Chhabra, Rohit) (Filed on 11/21/2017) (Entered: 11/21/2017) |
| 11/14/2017 | 37 | REPLY to 32 Defendant's Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Open Source Security, Inc. (Chhabra, Rohit) (Filed on 11/14/2017) Modified on 11/15/2017 (farS, COURT STAFF). (Entered: 11/14/2017) |
| 11/13/2017 | 36 | ADR Clerk's Notice Setting ADR Phone Conference on 11/28/2017 at 10:00 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (cmf, COURT STAFF) (Filed on 11/13/2017) (Entered: 11/13/2017) |
| 11/09/2017 | 35 | NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Drummond Hansen, Melody) (Filed on 11/9/2017) (Entered: 11/09/2017) |
| 11/09/2017 | 34 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Drummond Hansen, Melody) (Filed on 11/9/2017) (Entered: 11/09/2017) |
| 11/09/2017 | 33 | ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Plaintiffs Open Source Security Inc. and Bradley Spengler (Chhabra, Rohit) (Filed on 11/9/2017) (Entered: 11/09/2017) |
| 10/31/2017 | 32 | Brief (Defendant's Opposition to Open Source Security, Inc.'s Motion for Partial Summary Judgment 24 ) filed by Bruce Perens. (Attachments: # 1 Declaration of Melody Drummond Hansen in Support of, # 2 Exhibit A to the Declaration of Hansen, # 3 Declaration to Bruce Perens in Support of, # 4 Proposed Order)(Drummond Hansen, Melody) (Filed on 10/31/2017) (Entered: 10/31/2017) |
| 10/31/2017 | 31 | Request for Judicial Notice re 30 MOTION to Dismiss (Defendant Bruce Perens's Notice of Motion and Special Motion to Strike the First Amended Complaint Pursuant to the California Anti-Slapp Statute, Code of Civ. Proc. Sec. 425.16, and Motion to Dismiss the First Amended Compla filed by Bruce Perens. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Related document(s) 30 ) (Drummond Hansen, Melody) (Filed on 10/31/2017) (Entered: 10/31/2017) |
| 10/31/2017 | 30 | MOTION to Dismiss (Defendant Bruce Perens's Notice of Motion and Special Motion to Strike the First Amended Complaint Pursuant to the California Anti-Slapp Statute, Code of Civ. Proc. Sec. 425.16, and Motion to Dismiss the First Amended Complaint with Prejudice Pursuant to Fed. R. Civ. P. 12(b)(6); Memorandum of Points and Authorities in Support thereof) filed by Bruce Perens. Motion Hearing set for 12/14/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 11/21/2017. Replies due by 11/30/2017. (Attachments: # 1 Declaration of Melody Drummond Hansen, # 2 Exhibit A to the Declaration of Hansen, # 3 Proposed Order)(Drummond Hansen, Melody) (Filed on 10/31/2017) (Entered: 10/31/2017) |
| 10/24/2017 |
ORDER GRANTING PARTIES' STIPULATION AND SETTING SCHEDULE
28 27 .
The court approves the parties' stipulation, which results in the following schedule. For the existing motion at ECF No. 24, the schedule is as follows: Opposition due 10/31/2017. Replies due by 11/14/2017. For the contemplated Anti-Slapp motion, the motion will be filed on 10/31/2017, the response/opposition will be filed on 11/21/2017, and the optional reply is due 11/30/2017. The hearing on all motions is set for 12/14/2017 at 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Beeler, Laurel) (Filed on 10/24/2017) (Entered: 10/24/2017) |
|
| 10/24/2017 | 29 | Notice of Withdrawal of Motion to Change Time and Continue Proceedings 26 (Drummond Hansen, Melody) (Filed on 10/24/2017) (Entered: 10/24/2017) |
| 10/24/2017 | 28 | STIPULATION WITH PROPOSED ORDER re 27 Order on Motion to Continue, / Stipulated Request to set revised schedule for proceedings on Motion for Partial Summary Judgment, Anti-Slapp Motion, and Motion to Dismiss filed by Bruce Perens. (Attachments: # 1 Declaration of Melody Drummond Hansen in Support)(Drummond Hansen, Melody) (Filed on 10/24/2017) (Entered: 10/24/2017) |
| 10/21/2017 | 27 | Order deferring ruling on 26 Motion to Continue entered by Magistrate Judge Laurel Beeler. This administrative motion requires a response under the local rules by Tuesday, 10/24/2017. The court suggests that the parties confer on a schedule. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/21/2017) |
| 10/20/2017 | 26 | MOTION to Continue (Defendant's Motion to Change Time and Continue Proceedings on Open Source Security, Inc.'s Motion for Partial Summary Judgment Pending Resolution of Defendant's Renewed Antislapp Motion and Renewed Motion to Dismiss for Failure to State a Claim) filed by Bruce Perens. (Attachments: # 1 Declaration of Melody Drummond Hansen, # 2 Proposed Order)(Drummond Hansen, Melody) (Filed on 10/20/2017) (Entered: 10/20/2017) |
| 10/18/2017 | 25 |
Order granting 19 Motion
for Joinder entered by Magistrate Judge Laurel Beeler.
The court grants the unopposed motion for joinder of Bradley Spengler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/18/2017) |
| 10/11/2017 | 24 | First MOTION for Partial Summary Judgment /Plaintiffs' notice of motion filed by Open Source Security, Inc., BRADLEY SPENGLER. Motion Hearing set for 11/16/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 10/25/2017. Replies due by 11/1/2017. (Attachments: # 1 Proposed Order)(Chhabra, Rohit) (Filed on 10/11/2017) (Entered: 10/11/2017) |
| 10/11/2017 | 23 | STIPULATION (Joint Stipulation Under Civil L.R. 6-1(a) Extending Defendant Bruce Perens's Time to Respond to the First Amended Complaint) filed by Bruce Perens. (Drummond Hansen, Melody) (Filed on 10/11/2017) (Entered: 10/11/2017) |
| 10/11/2017 | 22 | Order terminating 17 Motion for Joinder entered by Magistrate Judge Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 10/11/2017) |
| 10/10/2017 | 21 | Notice of Withdrawal of Motion Notice of Withdrawal of Motion to Dismiss and Special Motion to Strike as Moot (Drummond Hansen, Melody) (Filed on 10/10/2017) (Entered: 10/10/2017) |
| 10/02/2017 | 20 | OPPOSITION/RESPONSE (re 11 MOTION to Dismiss / Defendant Bruce Perens's Notice of Motion and Motion to Dismiss with Prejudice Pursuant to Fed. R. CIV. P. 12(b)(6) and Special Motion to Strike Pursuant to the California Anti-Slapp Statue, Code of Civil Procedure Section ) filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 Affidavit Declaration of Bradley Spengler, # 2 Proposed Order)(Chhabra, Rohit) (Filed on 10/2/2017) (Entered: 10/02/2017) |
| 10/02/2017 | 19 | Second MOTION for Joinder (Rule 20) to join Bradley Spengler as co-plaintiff, based on First Amended Complaint filed by Open Source Security, Inc., BRADLEY SPENGLER. (Chhabra, Rohit) (Filed on 10/2/2017) (Entered: 10/02/2017) |
| 10/02/2017 | 18 | AMENDED COMPLAINT (First) against Bruce Perens. Filed by Open Source Security, Inc., BRADLEY SPENGLER. (Attachments: # 1 Exhibit Ex. 1-12)(Chhabra, Rohit) (Filed on 10/2/2017) (Entered: 10/02/2017) |
| 09/29/2017 | 17 | First MOTION for Joinder of Bradley Spengler as co-plaintiff filed by Open Source Security, Inc.. (Attachments: # 1 Affidavit Declaration of Bradley Spengler, # 2 Proposed Order)(Chhabra, Rohit) (Filed on 9/29/2017) (Entered: 09/29/2017) |
| 09/23/2017 | 16 | Order granting 15 Stipulation entered by Laurel Beeler. (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 09/23/2017) |
| 09/23/2017 |
Initial Case Management Conference set for 11/30/2017
11:00 AM in Courtroom C, 15th Floor, San Francisco.
The attached order grants the parties' stipulation at ECF No. 15 and resets the initial case-management conference to 11/30/2017 at 11:00 a.m. The initial case-management statement now is due no later than 11/22/2017 (given that Thanksgiving is on 11/23/2017). (Beeler, Laurel) (Filed on 9/23/2017) (Entered: 09/23/2017) |
|
| 09/22/2017 | 15 | STIPULATION WITH PROPOSED ORDER for Continuing Case Management Conference and ADR Deadlines filed by Open Source Security, Inc.. (Chhabra, Rohit) (Filed on 9/22/2017) (Entered: 09/22/2017) |
| 09/18/2017 | 14 | Certificate of Interested Entities by Bruce Perens / Certificate of Interested Entities or Persons (L.R. 3-15) (Drummond Hansen, Melody) (Filed on 9/18/2017) (Entered: 09/18/2017) |
| 09/18/2017 | 13 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Bruce Perens.. (Drummond Hansen, Melody) (Filed on 9/18/2017) (Entered: 09/18/2017) |
| 09/18/2017 | 12 | Request for Judicial Notice re 11 MOTION to Dismiss / Defendant Bruce Perens's Notice of Motion and Motion to Dismiss with Prejudice Pursuant to Fed. R. CIV. P. 12(b)(6) and Special Motion to Strike Pursuant to the California Anti-Slapp Statue, Code of Civil Procedure Section filed by Bruce Perens. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Proposed Order)(Related document(s) 11 ) (Drummond Hansen, Melody) (Filed on 9/18/2017) (Entered: 09/18/2017) |
| 09/18/2017 | 11 | MOTION to Dismiss / Defendant Bruce Perens's Notice of Motion and Motion to Dismiss with Prejudice Pursuant to Fed. R. CIV. P. 12(b)(6) and Special Motion to Strike Pursuant to the California Anti-Slapp Statue, Code of Civil Procedure Section 425.16; Memorandum of Points and Authorities in Support Thereof; and Declaration of Melody Drummond Hansen in Support Thereof filed by Bruce Perens. Motion Hearing set for 10/26/2017 09:30 AM in Courtroom C, 15th Floor, San Francisco before Magistrate Judge Laurel Beeler. Responses due by 10/2/2017. Replies due by 10/10/2017. (Attachments: # 1 Declaration of Melody Drummond Hansen in Support, # 2 Exhibit A to the Drummond Hansen Declaration, # 3 Proposed Order)(Drummond Hansen, Melody) (Filed on 9/18/2017) (Entered: 09/18/2017) |
| 09/18/2017 | 10 | NOTICE of Appearance by Cara Lorraine Gagliano / Notice of Appearance of Counsel for Defendant Bruce Perens Pursuant to Civil L.R. 5-1(C)(2) (Gagliano, Cara) (Filed on 9/18/2017) (Entered: 09/18/2017) |
| 09/18/2017 | 9 | NOTICE of Appearance by Heather Janine Meeker / Notice of Appearance of Counsel for Defendant Bruce Perens Pursuant to Civil L.R. 5-1(C)(2) (Meeker, Heather) (Filed on 9/18/2017) (Entered: 09/18/2017) |
| 09/18/2017 | 8 | NOTICE of Appearance by Melody N Drummond Hansen / Notice of Appearance of Counsel for Defendant Bruce Perens Pursuant to Civil L.R. 5-1(C)(2) (Drummond Hansen, Melody) (Filed on 9/18/2017) (Entered: 09/18/2017) |
| 08/11/2017 | 7 | WAIVER OF SERVICE Returned Executed filed by Open Source Security, Inc.. Service waived by Bruce Perens waiver sent on 7/18/2017, answer due 9/18/2017. (Chhabra, Rohit) (Filed on 8/11/2017) (Entered: 08/11/2017) |
| 07/19/2017 | 6 | Summons Issued as to Bruce Perens. (farS, COURT STAFF) (Filed on 7/19/2017) (Entered: 07/19/2017) |
| 07/19/2017 | 5 | Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/12/2017. Initial Case Management Conference set for 10/19/2017 11:00 AM in Courtroom C, 15th Floor, San Francisco. (farS, COURT STAFF) (Filed on 7/19/2017) (Entered: 07/19/2017) |
| 07/17/2017 | 4 | CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Open Source Security, Inc... (Chhabra, Rohit) (Filed on 7/17/2017) (Entered: 07/17/2017) |
| 07/17/2017 | 3 |
Case assigned to Magistrate Judge Laurel Beeler.
Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/31/2017. (jmlS, COURT STAFF) (Filed on 7/17/2017) (Entered: 07/17/2017) |
| 07/17/2017 | 2 | Proposed Summons. (Chhabra, Rohit) (Filed on 7/17/2017) (Entered: 07/17/2017) |
| 07/17/2017 | 1 | COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-11550172.). Filed by Open Source Security, Inc.. (Attachments: # 1 Exhibit Exhibits A-E, # 2 Civil Cover Sheet)(Chhabra, Rohit) (Filed on 7/17/2017) (Entered: 07/17/2017) |