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Court documents > Hyperion Entertainment CVBA v. Itec, LLC et al

Hyperion Entertainment CVBA v. Itec, LLC et al

This is a list of all documents submitted in case no. 2:18-cv-00381 in the US district court of the Western District of Washington. It originally featured Hyperion CVBA as plaintiff, and Amino, Itec, Amiga Inc. as well as Cloanto Corporation as defendants. It was later consolidated with older case no. 2:18-cv-00535, Cloanto's original complaint against Hyperion - meaning that in the case listed here, all parties act as both plaintiffs and defendants.

While US court documents are public domain, access to them via PACER is subject to charges. This is why many of the documents listed here are not available publicly yet. The ones available for download were either uploaded to CourtListener by private individuals, purchased by amiga-news.de or published on Twitter by Amiga Documents.

External links

Documents and timeline

1

Mar 13, 2018

COMPLAINT FOR DECLARATORY JUDGMENT AND BREACH OF CONTRACT against defendant(s) Amiga Inc, Amino Development Corporation, Cloanto Corporation, Itec LLC (Receipt # 0981-5237185), filed by Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit 1 to Complaint, # 2 Civil Cover Sheet)(Carlson, Robert) (Entered: 03/13/2018)


2

Mar 13, 2018

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Hyperion Entertainment C.V.B.A. (Carlson, Robert) (Entered: 03/13/2018)

  • Main Document: Corporate Disclosure Statement

Mar 14, 2018

Add and Terminate Judges


Mar 14, 2018

Judge Ricardo S. Martinez added. (DJ)


3

Mar 14, 2018

NOTICE TO FILER: Notice of Filing Deficiency** Action Required ** See Attached Letter for More Information and Instructions. (DJ) (Entered: 03/14/2018)

  • Main Document: Notice to Filer

4

Mar 15, 2018

PRAECIPE to attach document (Corrected Signature Page) re 1 Complaint, by Plaintiff Hyperion Entertainment C.V.B.A. (Carlson, Robert) (Entered: 03/15/2018)

  • Main Document: Praecipe to Attach Document

5

Mar 15, 2018

PRAECIPE to attach document (Corrected Signature Page) re 2 Corporate Disclosure Statement by Plaintiff Hyperion Entertainment C.V.B.A. (Carlson, Robert) (Entered: 03/15/2018)

  • Main Document: Praecipe to Attach Document

6

Mar 30, 2018

ORDER REGARDING INITIAL DISCLOSURES AND JOINT STATUS REPORT Joint Status Report due by 5/11/2018, FRCP 26f Conference Deadline is 4/27/2018, Initial Disclosure Deadline is 5/4/2018, by Judge Ricardo S. Martinez. (LW) (Entered: 03/30/2018)

  • Main Document: Joint Status Report Order Form for District Judges

7

Apr 12, 2018

AMENDED COMPLAINT FOR DECLARATORY JUDGMENT AND BREACH OF CONTRACT against All Defendants, filed by Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit)(Carlson, Robert) (Entered: 04/12/2018)


8

Apr 16, 2018

NOTICE of Appearance by attorney Michael G Atkins on behalf of Defendant Cloanto Corporation. (Atkins, Michael) (Entered: 04/16/2018)

  • Main Document: Notice of Appearance

9

Apr 26, 2018

Stipulated MOTION Extend Initial Scheduling Dates re 6 Joint Status Report Order Form for District Judges, filed by Plaintiff Hyperion Entertainment C.V.B.A.. Noting Date 4/26/2018, (Carlson, Robert) (Entered: 04/26/2018)

  • Main Document: Stipulated Motion

10

Apr 27, 2018

ORDER re: 9 Stipulated Motion Extending Initial Scheduling Dates. FRCP 26f Conference Deadline is 6/29/2018, Initial Disclosure Deadline is 7/6/2018, Combined Joint Status Report and Discovery Plan due by 7/13/2018. Signed by Judge Ricardo S Martinez. (PM) (Entered: 04/27/2018)


11

May 22, 2018

PRAECIPE TO ISSUE SUMMONS by Plaintiff Hyperion Entertainment C.V.B.A. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Carlson, Robert) (Entered: 05/22/2018)

  • Main Document: Praecipe for a Summons

12

May 23, 2018

Summonses Electronically Issued as to defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC (main document) (Attachments: # 1 Summons as to Amiga Inc, # 2 Summons as to Amino Development, # 3 Summons as to Cloanto Corporation)(SWT) (Entered: 05/23/2018)

  • Main Document: Summons Issued

13

Jun 11, 2018

AFFIDAVIT of Service of Summons and Complaint on Amino Development Corporation on 6/1/2018, filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Carlson, Robert) (Entered: 06/11/2018)

  • Main Document: Affidavit of Service of Summons & Complaint

14

Jun 11, 2018

AFFIDAVIT of Service of Summons and Complaint on ITEC, LLC on 6/5/2018, filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Carlson, Robert) (Entered: 06/11/2018)

  • Main Document: Affidavit of Service of Summons & Complaint

15

Jun 11, 2018

AFFIDAVIT of Service of Summons and Complaint on Amiga, Inc. on 6/6/2018, filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Carlson, Robert) (Entered: 06/11/2018)

  • Main Document: Affidavit of Service of Summons & Complaint

16

Jul 10, 2018

NOTICE of Filing of Motion to Consolidate ; filed by Plaintiff Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit A - Motion to Consolidate, # 2 Exhibit B - Declaration of Robert J. Carlson, # 3 Exhibit C - Proposed Order)(Carlson, Robert) (Entered: 07/10/2018)

  • Main Document: Notice-Other

17

Jul 11, 2018

WAIVER OF SERVICE of summons upon Cloanto Corporation (Atkins, Michael) Modified on 7/12/2018 to identify party waiving service (PM). (Entered: 07/11/2018)

  • Main Document: Waiver of Service

Jul 12, 2018

NOTICE of Docket Text Modification re 17 Waiver of Service of Summons: added name of party waiving service. (PM)


18

Jul 23, 2018

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, filed by Defendant Cloanto Corporation. (Attachments: # 1 Proposed Order) Noting Date 8/17/2018, (Atkins, Michael) (Entered: 07/23/2018)


19

Jul 23, 2018

DECLARATION of Esther Goldschmidt filed by Defendant Cloanto Corporation re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit 1 -Original Apostille Document, # 2 Exhibit 2 - 2018-07-22_13-59-09, # 3 Exhibit 3 - National Bank of Belgium screenshot, # 4 Exhibit 4 - Belgium Code of Economic Rights)(Atkins, Michael) (Entered: 07/23/2018)


20

Jul 30, 2018

ORDER granting Hyperion Entertainment C.V.B.A.'s motion to consolidate (filed in C18-535, Dkt. #35). This case is hereby transferred to the Honorable Ricardo S. Martinez as related to Hyperion Entertainment C. V.B.A. v. Itec LLC et al., No. C18-0381RSM. All future pleadings shall bear the cause number C18-0381 RSM. Signed by Judge James L. Robart. (PM) (Entered: 07/30/2018)


21

Aug 13, 2018

RESPONSE, by Plaintiff Hyperion Entertainment C.V.B.A., to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . (Carlson, Robert) (Entered: 08/13/2018)

  • Main Document: Response to Motion

22

Aug 13, 2018

DECLARATION of Robert J. Carlson filed by Plaintiff Hyperion Entertainment C.V.B.A. re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Carlson, Robert) (Entered: 08/13/2018)

  • Main Document: Declaration

23

Aug 13, 2018

DECLARATION of Timothy Van De Gehuchte filed by Plaintiff Hyperion Entertainment C.V.B.A. re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Attachments: # 1 Exhibit A - CBE Printout, # 2 Exhibit B - National Bank of Belgium printout, # 3 Exhibit C - Company Detail, # 4 Exhibit D - Official Belgian Gov't website)(Carlson, Robert) (Entered: 08/13/2018)

  • Main Document: Declaration

24

Aug 16, 2018

NOTICE of Appearance by attorney Gordon E R Troy on behalf of Defendant Amino Development Corporation. (Troy, Gordon) (Entered: 08/16/2018)

  • Main Document: Notice of Appearance

25

Aug 16, 2018

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amino Development Corporation (Troy, Gordon) (Entered: 08/16/2018)

  • Main Document: Corporate Disclosure Statement

26

Aug 16, 2018

REPLY, filed by Consol Plaintiff Cloanto Corporation, Defendant Cloanto Corporation, TO RESPONSE to 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Troy, Gordon) (Entered: 08/16/2018)

  • Main Document: Reply to Response to Motion

Aug 17, 2018

NOTE: Document 24 was filed incorrectly. Appearance of attorney Michael Atkins is not proper, and notices of electronic filing will not be sent until corrected. Signatures must be in accordance with FRCP 11 and LCR 83.2(a) and must comply with ECF Filing Procedures. (TH)


27

Aug 21, 2018

NOTICE of Appearance by attorney Michael G Atkins on behalf of Defendant Amino Development Corporation. (Atkins, Michael) (Entered: 08/21/2018)

  • Main Document: Notice of Appearance

28

Aug 21, 2018

ANSWER to 7 Amended Complaint with JURY DEMAND by Amino Development Corporation.(Troy, Gordon) (Entered: 08/21/2018)


29

Aug 21, 2018

ANSWER to 7 Amended Complaint with JURY DEMAND by Cloanto Corporation.(Troy, Gordon) (Entered: 08/21/2018)


30

Aug 22, 2018

MINUTE ORDER directing Clerk to remove from the Court's motions calendar Defendant Cloanto Corporation's 18 Motion to Dismiss First Amended Complaint, signed by Judge Ricardo S. Martinez. (SWT) (Entered: 08/22/2018)


31

Sep 14, 2018

JOINT STATUS REPORT signed by all parties estimated Trial Days: 5. (Carlson, Robert) (Entered: 09/14/2018)

  • Main Document: Joint Status Report

32

Sep 21, 2018

ORDER SETTING TRIAL DATE AND RELATED DATES; Length of Trial: *5 days*. Jury Trial is set for 12/9/2019 at 9:00 AM before Judge Ricardo S. Martinez. Joinder of Parties due by 10/19/2018, Amended Pleadings due by 10/19/2018, Expert Witness Disclosure/Reports under FRCP 26(a)(2) due by 6/12/2019, Motions due by 7/12/2019, Discovery completed by 8/12/2019, Dispositive motions due by 9/10/2019, 39.1 mediation to be completed by 10/25/2019, Motions in Limine due by 11/12/2019, Pretrial Order due by 11/27/2019, Trial briefs to be submitted by 12/4/2019, Proposed voir dire/jury instructions due by 12/4/2019, by Judge Ricardo S. Martinez. (LW) (Entered: 09/21/2018)

  • Main Document: RSM Order Setting Trial Date and Related Dates(FORM)

33

Oct 26, 2018

NOTICE of Appearance by attorney Gordon E R Troy on behalf of Defendant Amiga, Inc. (Troy, Gordon) (Entered: 10/26/2018)

  • Main Document: Notice of Appearance

34

Oct 26, 2018

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Amiga, Inc (Troy, Gordon) (Entered: 10/26/2018)

  • Main Document: Corporate Disclosure Statement

35

Oct 26, 2018

ANSWER to 7 Amended Complaint with JURY DEMAND, COUNTERCLAIM against plaintiff Hyperion Entertainment C.V.B.A. by Amiga, Inc.(Troy, Gordon) (Entered: 10/26/2018)


36

Oct 26, 2018

NOTICE of Appearance by attorney Gordon E R Troy on behalf of Defendant Itec, LLC. (Troy, Gordon) (Entered: 10/26/2018)

  • Main Document: Notice of Appearance

37

Oct 26, 2018

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Itec, LLC (Troy, Gordon) (Entered: 10/26/2018)

  • Main Document: Corporate Disclosure Statement

38

Oct 26, 2018

NOTICE of Appearance by attorney Michael G Atkins on behalf of Defendant Itec, LLC. (Atkins, Michael) (Entered: 10/26/2018)

  • Main Document: Notice of Appearance

39

Oct 26, 2018

NOTICE of Appearance by attorney Michael G Atkins on behalf of Counter Claimant Amiga, Inc, Defendant Amiga, Inc. (Atkins, Michael) (Entered: 10/26/2018)

  • Main Document: Notice of Appearance

40

Oct 29, 2018

CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1. Filed by Itec, LLC (Troy, Gordon) (Entered: 10/29/2018)

  • Main Document: Corporate Disclosure Statement

41

Nov 7, 2018

ANSWER to 7 Amended Complaint with JURY DEMAND, COUNTERCLAIM against plaintiff Hyperion Entertainment C.V.B.A. by Itec, LLC.(Troy, Gordon) (Entered: 11/07/2018)


42

Nov 20, 2018

Stipulated MOTION for Extension of Time to File Answer re 35 Answer to Amended Complaint, Counterclaim, 41 Answer to Amended Complaint, Counterclaim, filed by Consol Defendant Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. Noting Date 11/20/2018, (Carlson, Robert) (Entered: 11/20/2018)

  • Main Document: Extension of Time to File Answer

43

Nov 26, 2018

ORDER granting 42 Motion for Extension of Time to Answer: The Court stays Hyperion's response to Amiga's and Itec's counterclaims, pending the filing of a single combined amended complaint. Signed by Judge Ricardo S. Martinez.(LW) (Entered: 11/26/2018)

  • Main Document: Order on Motion for Extension of Time to Answer

44

Dec 13, 2018

Stipulated MOTION AND PROPOSED ORDER FOR LEAVE TO FILE A SECOND AMENDED COMPLAINT, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, Consol Defendant Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit (1) - Redline Comparison, # 2 Exhibit (2) - Proposed Second Amended Complaint) Noting Date 12/13/2018, (Troy, Gordon) (Entered: 12/13/2018)

  • Main Document: Stipulated Motion

45

Dec 27, 2018

MOTION for Preliminary Injunction, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1 - Declaration of Michele Console Battilana, # 2 Exhibit MB-1 - Hyperion 20091017 Announcement, # 3 Exhibit MB-2 - Boot Screens 3.1 (Original & 2016 Hyperion), # 4 Exhibit MB-3 - Boot Screen 3.1.4, # 5 Exhibit MB-4 - Boot Screen 3.1.4 (update), # 6 Exhibit MB-5 - Hyperion on Facebook, # 7 Exhibit MB-6 - Amiga OS discs, # 8 Exhibit MB-7 - Hyperion website statement 2017-12-31, # 9 Exhibit 2 - Declaration of Bill McEwen, # 10 Exhibit WM-1 - 2001 OEM License, # 11 Exhibit WM-2 - 2008-12-19 Hyperion Draft (Redline), # 12 Exhibit WM-3 - 2008-12-29 Amiga Draft (Redline), # 13 Exhibit WM-4 - 2009-03-30 Amiga Draft (Redline), # 14 Exhibit WM-5 - 2009-02-06 Hyperion Draft, # 15 Exhibit WM-6 - 2009-02-16 (Exhibit 1 List), # 16 Exhibit WM-7 - AmigaOS 3.1.4 floppy discs, # 17 Exhibit WM-8 - Boot-UP Screen Amiga OS 3.1.4, # 18 Proposed Order) Noting Date 1/18/2019, (Troy, Gordon) (Entered: 12/27/2018)


46

Dec 28, 2018

ORDER granting the Parties' 44 Stipulated Motion for Leave to File a Second Amended Complaint. Hyperion Entertainment CVBA shall respond to Plaintiffs' Second Amended Complaint within 14-days after service thereof, but no earlier than January 4, 2019. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 12/28/2018)


47

Dec 29, 2018

Second AMENDED COMPLAINT against defendant(s). Hyperion Entertainment C.V.B.A. with JURY DEMAND, filed by Itec, LLC, Cloanto Corporation, Amino Development Corporation, Amiga, Inc, Cloanto Corporation.(Troy, Gordon) (Entered: 12/29/2018)

  • Main Document: Second Amended Complaint

48

Jan 14, 2019

RESPONSE, by Consol Defendant Hyperion Entertainment C.V.B.A., to 45 MOTION for Preliminary Injunction . Oral Argument Requested. (Carlson, Robert) (Entered: 01/14/2019)

  • Main Document: Response by Consol Defendent

49

Jan 14, 2019

DECLARATION of Rhett V. Barney re 48 Response to 45 Motion for Preliminary Injunction by Consol Defendant Hyperion Entertainment C.V.B.A. (Attachments: # 1 Exhibit A - M, pp. 9 - 54)(Carlson, Robert) Modified on 1/15/2019 to add link to motion (PM). (Entered: 01/14/2019)

  • Main Document: Declaration of Rhett V. Barney

50

Jan 14, 2019

DECLARATION of Ben Hermans re 48 Response to 45 Motion for Preliminary Injunction by Consol Defendant Hyperion Entertainment C.V.B.A. (Carlson, Robert) Modified on 1/15/2019 to add link to motion (PM). (Entered: 01/14/2019)


51

Jan 14, 2019

DECLARATION of Timothy De Groote re 48 Response to 45 Motion for Preliminary Injunction by Consol Defendant Hyperion Entertainment C.V.B.A. (Attachments: # 1 Exhibit A, pp. 6-7)(Carlson, Robert) Modified on 1/15/2019 to add link to motion (PM). (Entered: 01/14/2019)

  • Main Document: Declaration of Timothy De Groote

52

Jan 14, 2019

MOTION to Dismiss in Part Plaintiffs' 47 Second Amended Complaint, filed by Consol Defendant Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Proposed Order) Noting Date 2/8/2019, (Carlson, Robert) Modified on 1/15/2019 to add link to second amended complaint (PM). (Entered: 01/14/2019)

  • Main Document: Motion to Dismiss

53

Jan 18, 2019

REPLY, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, TO RESPONSE to 45 MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Declaration of Bill McEwen, # 2 Exhibit Exhibit 1 to Declaration of Bill McEwen, # 3 Exhibit Declaration of Gordon E. R. Troy, # 4 Exhibit Exhibit A to Declaration of Gordon E. R. Troy, # 5 Exhibit Exhibit B to Declaration of Gordon E. R. Troy, # 6 Exhibit Exhibit C to Declaration of Gordon E. R. Troy, # 7 Exhibit Exhibit D to Declaration of Gordon E. R. Troy, # 8 Exhibit Exhibit E to Declaration of Gordon E. R. Troy)(Troy, Gordon) (Entered: 01/18/2019)


54

Feb 4, 2019

RESPONSE, by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, to 52 MOTION to Dismiss in Part Plaintiffs' Second Amended Complaint. (Attachments: # 1 Exhibit 1 - Declaration of Gordon E. R. Troy, # 2 Exhibit 2 - Trademark Assignment 1, # 3 Exhibit 3 - Trademark Assignment 2, # 4 Exhibit 4 - Successor-Acquirer (Exhibit 3) (20190201))(Troy, Gordon) (Entered: 02/04/2019)


55

Feb 8, 2019

REPLY, filed by Consol Defendant Hyperion Entertainment C.V.B.A., TO RESPONSE to 52 MOTION to Dismiss in Part Plaintiffs' Second Amended Complaint (Carlson, Robert) (Entered: 02/08/2019)

  • Main Document: Reply by Consol Defendant

56

Feb 28, 2019

MOTION for Extension of Time TO EXTEND DEADLINES IN SCHEDULING ORDER TO PERMIT PLAINTIFFS TO FILE A THIRD AMENDED COMPLAINT, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1-Proposed Third Amended Complaint (clean version), # 2 Exhibit 2-Proposed Third Amended Complaint (redline version), # 3 Exhibit 3-Declaration of Michele Mike Console Battilana, # 4 Exhibit 4-Email Correspondence between Counsel for Parties, # 5 Exhibit 5-Declaration of Gordon E. R. Troy, # 6 Proposed Order Exhibit 6-Proposed Order) Noting Date 3/8/2019, (Troy, Gordon) (Entered: 02/28/2019)

  • Main Document: Motion for Extension of Time

57

Mar 6, 2019

Amended MOTION for Extension of Time To Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56], filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1-Proposed Third Amended Complaint (clean version), # 2 Exhibit 2-Proposed Third Amended Complaint (redline version), # 3 Exhibit 3-Declaration of Michele Mike Console Battilana, # 4 Exhibit 4-Email Correspondence between Counsel for Parties, # 5 Exhibit 5-Declaration of Gordon E. R. Troy, # 6 Proposed Order Exhibit 6-Proposed Order) Noting Date 3/15/2019, (Troy, Gordon) Modified on 3/7/2019 to remove excessive capitalization (PM). (Entered: 03/06/2019)

  • Main Document: Extension of Time-Other

58

Mar 6, 2019

NOTICE of Hyperion Entertainment C.V.B.A.S Acknowledgement re 57 Amended MOTION for Extension of Time to Extend Deadlines in Scheduling Order to Permit Plaintiffs to file a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56 ; filed by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. (Carlson, Robert) Modified on 3/7/2019 to remove excessive capitalization (PM). (Entered: 03/06/2019)

  • Main Document: Notice-Other

59

Mar 11, 2019

RESPONSE, by Consol Defendant Hyperion Entertainment C.V.B.A., to 57 Amended MOTION for Extension of Time To Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56. (Elsden, Sarah) (Entered: 03/11/2019)

  • Main Document: Response to Motion

60

Mar 11, 2019

DECLARATION of Timothy De Groote re 59 Response to 57 Amended Motion for Extension of Time by Consol Defendant Hyperion Entertainment C.V.B.A. (Elsden, Sarah) Modified on 3/12/2019 to add document link and language re: motion for extension (PM). (Entered: 03/11/2019)

  • Main Document: Declaration (non motion)

61

Mar 11, 2019

DECLARATION of Sarah E. Elsden re 59 Response to 57 Amended Motion for Extension of Time Motion, by Consol Defendant Hyperion Entertainment C.V.B.A. (Attachments: # 1 Exhibit A - NV Secretary of State Information)(Elsden, Sarah) Modified on 3/12/2019 to create document link and language re: motion for extension (PM). (Entered: 03/11/2019)

  • Main Document: Declaration (non motion)

62

Mar 15, 2019

REPLY, filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation, TO RESPONSE to 57 Amended MOTION for Extension of Time To Extend Deadlines in Scheduling Order to Permit Plaintiffs to File a Third Amended Complaint [Correcting Noting Date To Reflect Request To Extend Deadlines and Leave to File Third Amended Complaint Dkt. No. 56 (Attachments: # 1 Exhibit 1 - Second Declaration of Mike Battilana, # 2 Exhibit 2 - Second Declaration of Gordon E. R. Troy, # 3 Exhibit 3 - Screenshots Reply)(Troy, Gordon) (Entered: 03/15/2019)

  • Main Document: Reply to Response to Motion

63

Apr 3, 2019

ORDER denying Plaintiffs' 45 Motion for Preliminary Injunction. Signed by Judge Ricardo S. Martinez. (PM) (Entered: 04/03/2019)


64

Apr 5, 2019

Stipulated MOTION for Protective Order, filed by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A.. (Attachments: # 1 Exhibit A - Proposed Protective Order, # 2 Exhibit B - Redline Protective Order) Noting Date 4/5/2019, (Carlson, Robert) (Entered: 04/05/2019)

  • Main Document: Protective Order

65

Apr 8, 2019

ORDER denying Plaintiffs' 57 Motion to Modify Scheduling Order. Signed by Judge Ricardo S. Martinez.(LW) (Entered: 04/08/2019)


66

Apr 9, 2019

STIPULATED PROTECTIVE ORDER re parties' 64 Stipulated Motion. Signed by Judge Ricardo S. Martinez.(LW) (Entered: 04/09/2019)

  • Main Document: Order on Motion for Protective Order

67

Apr 15, 2019

MOTION for Reconsideration (Partial), filed by Counter Claimants Amiga, Inc, Itec, LLC, Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Consol Plaintiff Cloanto Corporation. (Attachments: # 1 Exhibit 1-Declaration of Gordon E. R. Troy, # 2 Exhibit 2-(Proposed) Third Amended Complaint (CLEAN) (NEW), # 3 Exhibit 3-(Proposed) Third Amended Complaint (REDLINE) (NEW), # 4 Proposed Order on Motion for Partial Reconsideration) Noting Date 4/15/2019, (Troy, Gordon) (Entered: 04/15/2019)

  • Main Document: Reconsideration

68

Apr 25, 2019

ORDER denying Plaintiffs' 67 Motion for Partial Reconsideration. Signed by Judge Ricardo S. Martinez. (see order for specifics) (MW) (Entered: 04/25/2019)


69

May 16, 2019

ORDER granting in part and denying in part Defendant Hyperion Entertainment CVBA's 52 Motion to Dismiss in Part. Plaintiffs' First Cause of Action (Breach of Contract) as brought by Plaintiff Cloanto and Seventh Cause of Action (Lanham Act §43(a)) as brought by Plaintiff Cloanto are DISMISSED. Given the procedural history of this case, the Court does not grant Plaintiffs leave to amend the Second Amended Complaint at this time. Signed by Judge Ricardo S. Martinez.(PM)


70

May 31, 2019

  • Main Document: Answer to Amended Complaint

71

Jun 12, 2019

  • Main Document: Extension of Time-Other

72

Jun 18, 2019

  • Main Document: Amended Counterclaim

73

Jun 18, 2019

ORDER granting 71 Motion to Extend Trial Date and Related Deadlines. Jury Trial is CONTINUED to 4/13/2020 at 09:00 AM before Judge Ricardo S. Martinez. Discovery Motions due by 11/8/2019, Discovery completed by 12/10/2019, Dispositive motions due by 1/8/2020, 39.1 mediation to be completed by 2/21/2020, Motions in Limine due by 3/11/2020, Agreed Pretrial Order due by 3/26/2020, Voir dire/jury instructions/trial briefs due by 4/2/2020. Signed by Judge Ricardo S. Martinez. (PM)


74

Jul 2, 2019


75

Aug 29, 2019

  • Main Document: Compel

76

Sep 5, 2019

  • Main Document: Notice of Motion Re-Noted

77

Sep 13, 2019

  • Main Document: Notice of Motion Re-Noted

78

Sep 20, 2019

  • Main Document: Notice of Motion Re-Noted

79

Sep 27, 2019

  • Main Document: Notice of Motion Re-Noted

80

Oct 4, 2019

  • Main Document: Stipulated Motion

81

Oct 4, 2019

  • Main Document: Notice to Withdraw Pending Motion

82

Oct 8, 2019

STIPULATION AND ORDER to extend trial date and related deadlines re parties' 80 Stipulated Motion: Jury Trial is set for 8/3/2020 at 9:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Motions related to discovery due by 3/6/ 2020, Discovery completed by 4/8/2020, Dispositive motions due by 5/7/2020, Mediation per LCR 39.1 held no later than 6/19/2020, Motions in Limine due by 7/9/2020, Pretrial Order due by 7/24/2020, Trial briefs/Proposed voir dire/jury instructions due by 7/31/2020. Signed by Judge Ricardo S. Martinez. (SWT)


83

Jan 17, 2020

ORDER TO SHOW CAUSE. Cloanto and Hyperion must each write a short Response informing the Court of the current status of these two cases (C18-381-RSM and C19-683-RSM) and answering the following questions: 1) why these cases should or should not be consolidated, and 2) why Case No. 19-cv-00683-RSM should or should not be stayed pending the resolution of the instant action. The Court hereby finds and ORDERS that the parties shall file these Responses to this Order to Show Cause no later than fourteen (14) days from the date of this Order. Signed by Judge Ricardo S. Martinez. (TH)


84

Jan 31, 2020

  • Main Document: Stipulated Motion

85

Jan 31, 2020

STIPULATION AND ORDER Extending Deadline to Respond to Court's Order to Show Cause re parties' 84 Stipulated Motion. The deadline to respond to the Court's Order to Show Cause is extended to 2/7/2020. Signed by Judge Ricardo S. Martinez. (TH)


86

Feb 8, 2020

  • Main Doc­ument: Response to Order to Show Cause

87

Feb 8, 2020

  • Main Doc­ument: Response to Order to Show Cause

88

Feb 12, 2020

ORDER re 83 Order to Show Cause. Signed by Judge Ricardo S. Martinez. (MW)


89

Mar 16, 2020

  • Main Document: Notice of Appearance

90

Mar 16, 2020

  • Main Document: Notice of Withdrawal of Counsel

91

Apr 24, 2020

  • Main Document: Continue

92

Apr 27, 2020

ORDER re parties' 91 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is set for 11/2/2020 at 09:00 AM before Judge Ricardo S. Martinez, Dispositive motions due by 8/6/2020, 39.1 mediation to be completed by 9/18/2020, Motions in Limine due by 10/8/2020, Agreed Pretrial Order due by 10/23/2020, Voir dire/jury instructions/trial briefs due by 10/30/2020. Signed by Judge Ricardo S. Martinez.(PM)


93

Jul 15, 2020

  • Main Document: Stipulation

94

Jul 21, 2020

ORDER re Parties' 93 Stipulation. Jury Trial is CONTINUED TO 2/1/2021 at 09:00 AM in Courtroom 13206 before Judge Ricardo S. Martinez. Dispositive motions due by 11/5/2020, 39.1 mediation to be completed by 12/17/2020, Motions in Limine due by 1/7/2021, Agreed Pretrial Order due by 1/22/2021, Voir dire/jury instructions/trial briefs due by 1/29/2021. Signed by Judge Ricardo S. Martinez. (LH)


95

Oct 7, 2020

  • Main Document: Stipulated Motion

96

Oct 7, 2020

ORDER CONTINUING TRIAL re Parties' 95 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 5/3/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 2/5/2021, 39.1 mediation to be completed by 3/17/2021, Motions in Limine due by 4/7/2021, Agreed Pretrial Order due by 4/22/2021, Voir dire/jury instructions/trial briefs/exhibits due by 4/29/2021. Signed by Judge Ricardo S. Martinez.(PM)


97

Jan 20, 2021

STIPULATED MOTION to continue trial date and related dates by six weeks to facilitate completion of settlement discussions.


98

Jan 21, 2021

ORDER granting Parties' 97 Stipulated Motion to Continue Trial Date and Related Dates. Jury Trial is CONTINUED to 6/14/2021 at 09:00 AM before Judge Ricardo S. Martinez. Dispositive motions due by 3/18/2021, 39.1 mediation to be completed by 4/28/2021, Motions in Limine due by 5/19/2021, Agreed Pretrial Order due by 6/2/2021, Voir dire/jury instructions/trial briefs due by 6/9/2021. Signed by Judge Ricardo S. Martinez. (PM)


99

Mar 18, 2021

  • Main Document: Seal

100

Mar 18, 2021

PLAINTIFFS' MOTION for partial summary judgment.


101

Mar 18, 2021

  • Main Document: Sealed Document

102

Mar 18, 2021

  • Main Document: Declaration

103

Mar 18, 2021

  • Main Document: Declaration

104

Mar 18, 2021

  • Main Document: Declaration

105

Mar 18, 2021

HYPERION ENTERTAINMENT C.V.B.A.'s OPENING BRIEF in support of motion for summary judgment.


106

Mar 18, 2021

DECLARATION OF BEN HERMANS, ESQ. in support of motion for summary judgment.


107

Apr 6, 2021

PLAINTIFFS' MEMORANDUM in plaintiffs' opposition to Hyperion Entertainment CVBA's motion for summary judgment.


108

Apr 6, 2021

  • Main Document: Declaration

109

Apr 6, 2021

  • Main Document: Response to Motion

110

Apr 6, 2021

  • Main Document: Declaration

111

Apr 6, 2021

  • Main Document: Certificate of Service

112

Apr 9, 2021

  • Main Document: Reply to Response to Motion

113

Apr 9, 2021

  • Main Document: Declaration

114

Apr 10, 2021

PLAINTIFFS' REPLY in support of their motion for partial summary judgment.


115

Apr 12, 2021

  • Main Document: Notice-Other

116

Apr 14, 2021

PLAINTIFFS' SURREPLY to strike matter contained in Hyperion Entertainment CVBA's reply brief and declaration of Ben Hermans.


117

May 20, 2021

PLAINTIFFS' MOTION to vacate and reset pretrial calendar, and to allow the parties time to depose a new witness.


118

May 28, 2021

ORDER granting Plaintiffs' 117 Motion to Vacate and Reset Pretrial Calendar, and to Allow the Parties Time to Depose a New Witness.


119

Jun 3, 2021

MOTION for Reconsideration , filed by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. Noting Date 6/3/2021, (Harrison, Eric)

  • Main Document: Reconsideration

120

Jun 3, 2021

DECLARATION of Eric Harrison re119 MOTION for Reconsideration by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A. (Harrison, Eric)

  • Main Document: Declaration

121

Jun 14, 2021

  • Main Document: Notice of Appearance

122

Jun 14, 2021

  • Main Document: Notice of Appearance

123

Jun 14, 2021

  • Main Document: Quash

124

Jun 16, 2021

NOTICE to Withdraw Pending Motion re123 MOTION to Quash NOTICE OF DEPOSITION OF EVERT CARTON AND MOTION FOR PROTECTIVE ORDER ; by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. (Bamert, John)

  • Main Document: Notice to Withdraw Pending Motion

125

Jun 16, 2021

NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Eric Harrison for Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A.. (Harrison, Eric)

  • Main Document: Notice of Withdrawal of Counsel

126

Jun 21, 2021

MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition , filed by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC. Noting Date 6/21/2021, (Troy, Gordon)

  • Main Document: Miscellaneous Relief
  • Attachement 1: Exhibit
  • Attachement 2: Certificate of Service

127

Jun 21, 2021

DECLARATION of Gordon E. R. Troy filed by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC re126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition(Troy, Gordon)

  • Main Document: Declaration
  • Attachment 1: Notice of Deposition of Evert Carton June 25 2021
  • Attachment 2: Crossroads Bank for Enterprises
  • Attachment 3: Hyperion Entertainment corp. info
  • Attachment 4: Dissolution of Ben Hermans BV
  • Attachment 5: Belgian-Gazette-page-171
  • Attachment 6: Hyperion website, 3.2 sales
  • Attachment 7: Certificate of Service

128

Jun 21, 2021

RESPONSE, by Consol Defendant Hyperion Entertainment C.V.B.A., Plaintiff Hyperion Entertainment C.V.B.A., Counter Defendants Hyperion Entertainment C.V.B.A., Hyperion Entertainment C.V.B.A., to126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition . (Bamert, John)

  • Main Document: Response to Motion

129

Jun 22, 2021

REPLY, filed by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC, Counter Claimant Hyperion Entertainment C.V.B.A., TO RESPONSE to126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition(Troy, Gordon)

  • Main Document: Reply to Response to Motion
  • Attachment 1: Certificate of Service

130

Jun 22, 2021

DECLARATION of Gordon E. R. Troy filed by Counter Claimant Amiga, Inc, Defendants Amino Development Corporation, Cloanto Corporation, Itec, LLC re126 MOTION Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition(Troy, Gordon)

  • Main Document: Declaration
  • Attachment 1: Exhibit 1 - 20210531-JL de Chaffoy de Courcelles
  • Attachment 2: Exhibit 2 - 20210531_Chaffoy_Email_Response
  • Attachment 3: Exhibit 3 - Central Balance Sheet Office & Annual account filing
  • Attachment 4: Certificate of Service

131

Jun 22, 2021

ORDER denying Defendant-Counterclaim Plaintiff Hyperion Entertainment CVBA's119 Motion for Reconsideration; denying Plaintiffs'126 Motion to Bar Withdrawal and Substitution of Counsel and to Compel Attorney to Attend Deposition. Signed by Judge Ricardo S. Martinez. (PM)


132

Jun 23, 2021

PRAECIPE to attach document (Original signed document erroneously not uploaded in filing) re130 Declaration,, by Defendants Amiga, Inc, Amino Development Corporation, Cloanto Corporation, Itec, LLC (Troy, Gordon)

  • Main Document: Praecipe to Attach Document

Jun 23, 2021

NOTICE REGARDING LACK OF PROPER SIGNATURE. The130 Declaration was not signed by Gordon E. R. Troy . Signatures must be in accordance with FRCP 11 and must comply with[LINK:ECF Filing Procedures] . Please file corrected signature page using Praecipe to Attach event and link to original filing. (PM)


132

Jun 23, 2021

Praecipe to Attach Document


133

Jul 14, 2021

Leave


134

Jul 28, 2021

Response to Motion


135

Jul 30, 2021

Reply to Response to Motion


136

Sep 10, 2021

Notice of Change of Address/Change of Name


137

Oct 6, 2021

Leave


138

Oct 18, 2021

Response to Motion


139

Oct 22, 2021

Reply to Response to Motion


140

Jul 12, 2022

ORDER denying Counter-Claimants' 99 Motion to Seal. The Court DIRECTS the Clerk to immediately unseal Dkt. # 101 . Signed by Judge Ricardo S. Martinez. (SB)


141

Mar 30, 2023

ORDER. Plaintiffs' Motion for Partial Summary Judgment (Dkt. # 100 ) is DENIED. Hyperion's Motion for Summary Judgment (Dkt. # 105 ) is GRANTED as to all Counts contained in the Second Amended Complaint and as to all Plaintiffs; Plaintiffs& #039; claims in the Second Amended Complaint are DISMISSED. Plaintiffs' Motion for Leave to File and Supplemental Briefing (Dkt. # 133 ) is DENIED as moot. Hyperion's Motion for Leave to File Answer to Plaintiff's Second Amended Complaint and Second Amended Counterclaims (Dkt. # 137 ) is GRANTED. Hyperion is directed to immediately file the Amended Answer attached to its Motion. Signed by Judge Ricardo S. Martinez. (SB)

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