Case details

Court: iand
Docket #: 5:13-cv-04036
Case Name: Killer Joe Nevada, LLC v. Leaverton et al
PACER case #: 40045
Date filed: 2013-04-26
Date terminated: 2014-09-30
Date of last filing: 2015-12-28
Assigned to: Judge Mark W Bennett
Referred to: Magistrate Judge Leonard T Strand
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Killer Joe Nevada, LLC
Plaintiff
Jay Ramon Hamilton
Hamilton IP Law, PC 201 W. 2nd Street Suite 400 **ECF Davenport, IA 52801 563 441 0207 Fax: 823 4637 Email: jay@hamiltoniplaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander JSW Johnson
Hamilton IP Law, PC 201 W. 2nd Street Suite 400 ECF Davenport, IA 52801 563 441 0207 Fax: 823 4637 Email: alex@hamiltoniplaw.com
ATTORNEY TO BE NOTICED

Charles Aaron Damschen
Hamilton IP Law, PC 201 W. 2nd Street Suite 400 ECF Davenport, IA 52801 563 441 0207 Fax: 823 4637 Email: charlie@hamiltoniplaw.com
ATTORNEY TO BE NOTICED

Does 1-20
Defendant
TERMINATED: 02/04/2014
Leigh Leaverton
Defendant
TERMINATED: 07/17/2014
Raymond H Johnson
Johnson Law Firm 950 Office Park Road Suite 221 ECF West Des Moines, IA 50265 515 224 7090 Fax: 515 222 2656 Email: johnsonlaw29@aol.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nicholas Anderson
Defendant
TERMINATED: 05/20/2014
Brittany Bolan
Defendant
Raymond H Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Richard Brother
Defendant
TERMINATED: 05/20/2014
Jason Fills
Defendant
TERMINATED: 09/08/2014
Leigh Leaverton
Counter Claimant
TERMINATED: 07/17/2014
Raymond H Johnson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Killer Joe Nevada, LLC
Counter Defendant
TERMINATED: 07/17/2014
Jay Ramon Hamilton
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander JSW Johnson
Hamilton IP Law, PC 201 W. 2nd Street Suite 400 **ECF Davenport, IA 52801 563 441 0207 Fax: 823 4637 Email: alex@hamiltoniplaw.com
ATTORNEY TO BE NOTICED

Charles Aaron Damschen
(See above for address)
ATTORNEY TO BE NOTICED

Brittany Bolan
Counter Claimant
Raymond H Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Killer Joe Nevada, LLC
Counter Defendant
Jay Ramon Hamilton
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alexander JSW Johnson
(See above for address)
ATTORNEY TO BE NOTICED

Charles Aaron Damschen
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-04-26 1 0 Notice of New Case Filing NOTICE of New Case Filing by Killer Joe Nevada, LLC. (skm)
2013-04-26 2 0 Complaint COMPLAINT and Jury Demand against Does 1-20, filed by Killer Joe Nevada, LLC. Scheduling Report due by 9/6/2013 (Attachments: # (1) Civil Cover Sheet, # (2) Exhibit A, # (3) Exhibit B) (Hamilton, Jay) Modified text on 4/26/2013 (skm). Modified text on 4/29/2013 (des).
2013-04-29 3 0 Notice (Other) NOTICE AO 121 Form and copy of [2] Complaint mailed to Register of Copyrights this date via US Mail (des)
2013-05-07 4 0 Summons Issued Summons Issued as to Does 1-20. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: # (1) New Civil Case Packet) (ksy)
2013-05-16 5 0 Notice of Change of Address NOTICE of Change of Address by Jay Ramon Hamilton (Hamilton, Jay)
2013-05-16 6 0 Corporate Disclosure Statement CORPORATE Disclosure Statement by Killer Joe Nevada, LLC (Hamilton, Jay)
2013-06-20 7 0 Motion for Leave to File Document MOTION for Leave to File to Take Discovery by Plaintiff Killer Joe Nevada, LLC (Attachments: # (1) Memo in Support of Motion, # (2) Exhibit A) (Hamilton, Jay)
2013-07-08 8 0 Notice of Appearance NOTICE of Appearance by Charles Aaron Damschen on behalf of Killer Joe Nevada, LLC (Damschen, Charles)
2013-07-15 9 0 Order on Motion for Leave to File Document ORDER granting in part and denying in part [7] Motion for Leave to take discovery prior to a Rule 26(f) conference (See Order Text). Signed by Magistrate Judge Leonard T Strand on 7/15/2013. (des)
2013-09-09 10 0 Order ORDER - Because no defendants have yet been named, the deadline for the parties to submit a proposed scheduling order and discovery plan is hereby stayed. However, on or before 9/23/2013, plaintiff shall file a report describing the status of its efforts to identify the defendants and proposing a deadline for the filing of an amended complaint that contains the names of those defendants. Signed by Magistrate Judge Leonard T Strand on 09/09/2013. (src)
2013-09-20 11 0 UNRESISTED MOTION UNRESISTED Motion for Extension of Time Limit for Service by Plaintiff Killer Joe Nevada, LLC (Hamilton, Jay)
2013-09-20 12 0 Order on Unresisted Motion ORDER granting [11] Unresisted Motion for extension of time limit for service. The deadline to serve defendants is extended to 12/5/2013. Signed by Magistrate Judge Leonard T Strand on 9/20/2013. (des)
2013-09-23 13 0 Status Report STATUS Report by Killer Joe Nevada, LLC (Hamilton, Jay)
2013-11-14 14 0 Motion to Dismiss NOTICE of Voluntary Dismissal Without Prejudice by Plaintiff Killer Joe Nevada LLC against Defendant Doe #13 (Hamilton, Jay) Modified text on 11/15/2013 (des).
2013-12-03 15 0 UNRESISTED MOTION UNRESISTED Motion for Extension of Time Limit for Service of Defendants by Plaintiff Killer Joe Nevada, LLC (Hamilton, Jay)
2013-12-04 16 0 Order ORDER - Granting [15] UNRESISTED Motion for Extension of Time Limit for Service of Defendants filed by Killer Joe Nevada, LLC. The deadline to serve the defendants is extended to February 5, 2014. Signed by Magistrate Judge Leonard T Strand on 12/04/2013. (src)
2014-01-31 17 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #1 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 18 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #3 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 19 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #4 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 20 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #5 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 21 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #6 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 22 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #7 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 23 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #8 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 24 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #9 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 25 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #11 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 26 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #20 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 27 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #12 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 28 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #16 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 29 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #18 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 2/3/2014 (des).
2014-01-31 30 0 Motion for Leave to File Document MOTION for Leave to File Amended Complaint by Plaintiff Killer Joe Nevada, LLC (Attachments: # (1) Amended Complaint) (Hamilton, Jay)
2014-02-04 31 0 Order on Motion for Leave to File Document ORDER granting [30] Motion for Leave to File Amended Complaint. The Clerk shall docket the proposed amended complaint [30-1] as plaintiff's amended complaint in this case. Plaintiff shall act promptly to serve the summons and amended complaint on all newly-added defendants. Signed by Magistrate Judge Leonard T Strand on 2/4/14. (djs)
2014-02-04 32 0 Amended Complaint AMENDED Complaint With Jury Demand against Nicholas Anderson, Brittany Bolan, Richard Brother, Jason Fills, Leigh Leaverton filed by Killer Joe Nevada, LLC. Filed by Clerk pursuant to Order at [31]. (djs)
2014-02-04 33 0 Summons Issued Summons Issued as to Nicholas Anderson, Brittany Bolan, Richard Brother, Jason Fills, Leigh Leaverton. ****PLEASE MAKE COPIES OF SUMMONS FOR EACH DEFENDANT AND FILL IN REMAINING INFORMATION**** (Attachments: # (1) New Civil Case Packet) (djs)
2014-02-04 34 0 Notice (Other) NOTICE AO 121 Form and a copy of [32] Amended Complaint mailed to Register of Copyrights this date via US mail. (djs)
2014-04-04 35 0 Answer to Amended Complaint ANSWER and Jury Demand to [32] Amended Complaint , COUNTERCLAIM against Killer Joe Nevada, LLC by Leigh Leaverton.(Johnson, Raymond) Modified text on 4/7/2014 (des).
2014-04-07 36 0 Order ORDER - On or before May 7, 2014, plaintiff and all defendants who have then-appeared shall submit a joint proposed scheduling order and discovery plan for my review pursuant to Local Rule 16(b). Signed by Magistrate Judge Leonard T Strand on 04/07/2014. (src)
2014-05-01 37 0 Summons Returned Executed SUMMONS Returned Executed by Killer Joe Nevada, LLC. Brittany Bolan served on 3/17/2014, answer due 4/7/2014. (Hamilton, Jay)
2014-05-07 38 0 Notice (Other) FILED IN ERROR--NOTICE by Leigh Leaverton (Johnson, Raymond) Modified on 5/7/2014 to note attorney filed proposed scheduling order and discovery plan electronically in error. Clerk notified attorney to properly email this document to ecf mail (des).
2014-05-08 39 0 Scheduling Order and Discovery Plan SCHEDULING Order and Discovery Plan: Initial Disclosures due date of 06/01/2014 but not filed with the court. Add Parties Deadline due by 7/1/2014. Amended Pleadings due by 7/1/2014. Plaintiffs Expert Witness due by 7/1/2014. Defendants Expert Witnesses due by 8/1/2014. Plaintiffs Rebuttal Experts due by 9/1/2014. Discovery due by 2/1/2014. Motions due by 2/15/2015. Trial Ready Deadline 7/1/2015. Signed by Magistrate Judge Leonard T Strand on 05/08/2014. (src)
2014-05-08 40 0 Order Setting/Resetting Hearings ORDER Setting Hearings. Settlement Conference set for 6/30/2014 09:00 AM in SC 1st Fl Ct before Magistrate Judge Leonard T Strand. Signed by Magistrate Judge Leonard T Strand on 5/8/2014. (des)
2014-05-08 41 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendant Doe #14 by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 5/9/2014 (des).
2014-05-15 42 0 Trial Management Order TRIAL Management Order: Witness and exhibit lists exchanged by parties (but not filed) at least 28 days before FPTC: Exhibits marked: Jury Instructions 21 days before FPTC: Motions in Limine 28 days before FPTC: Jury Trial set for 08/17/2015 at 9:00 AM in SC 3rd Fl Ct before Judge Mark W Bennett: Final Pretrial Conference set for 08/04/2015 at 3:00 PM in SC 1st Fl Ct before Magistrate Judge Leonard T Strand: Proposed Pretrial Order ddl 07/30/2015. Signed by Judge Mark W Bennett on 05/15/14. (kfs)
2014-05-20 43 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal without prejudice as to Defendants Nicholas Anderson and Richard Brother by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 5/20/2014 (des).
2014-05-20 44 0 Notice of Appearance NOTICE of Appearance by Alexander JSW Johnson on behalf of Killer Joe Nevada, LLC. (Johnson, Alexander)
2014-06-11 45 0 Order Cancelling Deadline ORDER: At Plaintiff's request, the Settlement Conference scheduled for 06/30/14 at 9:00 AM is cancelled. Signed by Magistrate Judge Leonard T Strand on 06/11/14. (kfs)
2014-06-11 46 0 Motion to Dismiss MOTION to Dismiss with Prejudice Both Plaintiff's Complaint Against Leaverton and Defendant Leaverton's Counterclaim by Plaintiff Killer Joe Nevada, LLC Responses due by 6/30/2014 (Attachments: # (1) Brief) (Hamilton, Jay) Modified text on 6/12/2014 (des).
2014-06-30 47 0 Resistance to Motion RESISTANCE to Motion re [46] MOTION to Dismiss with Prejudice Both Plaintiff's Complaint Against Leaverton and Defendant Leaverton's Counterclaim filed by Leigh Leaverton. (Attachments: # (1) Brief in Resistance to Motion to Dismiss) (Johnson, Raymond)
2014-07-17 48 0 Order on Motion to Dismiss MEMORANDUM Opinion and Order granting [46] Motion to Dismiss with Prejudice Both Plaintiff's Complaint Against Defendant Leigh Leaverton and Leaverton's Counterclaim filed by Killer Joe Nevada LLC. Leavertons Complaint of copyright infringement against Leaverton is dismissed with prejudice; Leavertons Counterclaim of non-infringement of Killer Joe Nevadas copyright is dismissed with prejudice. Defendant Leavertons request for an award of attorneys fees and costs as a prevailing party pursuant to 17 U.S.C. ยง 505, as a condition of dismissal, is denied. Defendant Leaverton is dismissed from this action, with Killer Joe Nevada and Leaverton each to bear their own costs and fees. Signed by Judge Mark W Bennett on 7/17/2014. (des)
2014-08-06 49 0 Motion to Set Aside/Reconsider Order MOTION to Set Aside/Reconsider Order [48] Order on Motion to Dismiss,,, by Counter Claimant Leigh Leaverton (Attachments: # (1) Declaration Barbara Blake, # (2) Brief in support of Motion to Alter or Amend Judgment, # (3) Declaration Leigh Leaverton, # (4) Declaration Ray Johnson, # (5) Declaration Matt Nowick, # (6) Declaration Heather Minard) (Johnson, Raymond)
2014-08-18 50 0 Resistance to Motion RESISTANCE to Motion re [49] MOTION to Set Aside/Reconsider Order [48] Order on Motion to Dismiss filed by Killer Joe Nevada, LLC. (Attachments: # (1) Brief In Support of Resistance to Motion to Alter, # (2) Declaration of Jay R. Hamilton) (Hamilton, Jay) Modified on 8/19/2014 (JK).
2014-08-25 51 0 Reply Brief REPLY BRIEF to [49] MOTION to Set Aside/Reconsider [48] Order on Motion to Dismiss filed by Leigh Leaverton. (Johnson, Raymond) Modified text on 8/26/2014 (des).
2014-08-27 52 0 Order on Motion to Set Aside Order TEXT ORDER ONLY. Defendant Leaverton's [49] Motion to Set Aside Order is DENIED. Signed by Judge Mark W Bennett on 08/27/2014. (Mastalir, Roger)
2014-09-08 53 0 Answer to Complaint ANSWER to Complaint , COUNTERCLAIM against Killer Joe Nevada, LLC by Brittany Bolan.(Johnson, Raymond)
2014-09-08 54 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal With Prejudice re Defendant Jason Fills by Killer Joe Nevada, LLC (Hamilton, Jay) Modified text on 9/9/2014 (des).
2014-09-09 55 0 Motion to Dismiss MOTION to Dismiss of Defendant Bolan's Counterlcaim by Plaintiff Killer Joe Nevada, LLC Responses due by 9/26/2014 (Attachments: # (1) Brief Memo in Support, # (2) Exhibit A, # (3) Exhibit B, # (4) Exhibit C) (Hamilton, Jay)
2014-09-24 56 0 Resistance to Motion RESISTANCE to Motion re [55] MOTION to Dismiss of Defendant Bolan's Counterlcaim filed by Brittany Bolan. (Attachments: # (1) Declaration of Britney Bolan) (Johnson, Raymond) Modified on 9/25/2014 to update text. (src)
56 1 Declaration of Britney Bolan
2014-09-25 57 0 Reply Brief REPLY BRIEF to re [55] MOTION to Dismiss of Defendant Bolan's Counterlcaim filed by Killer Joe Nevada, LLC. (Attachments: # (1) Exhibit A, # (2) Exhibit B, # (3) Exhibit C, # (4) Exhibit D, # (5) Exhibit E) (Hamilton, Jay)
2014-09-26 58 0 Motion for Leave to File Document MOTION for Leave to File Surreply Brief re [55] Motion to Dismiss filed by Brittany Bolan. (Attachments: # (1) Brief) (Johnson, Raymond) Modified event and text on 9/29/2014 (des).
58 1 Brief
2014-09-29 59 0 Order on Motion for Leave to File Document ORDER granting [58] Motion for Leave to File Surreply Brief. The Clerk of Court shall detach the proposed Surreply Brief and file it as defendant Bolan's Surreply to plaintiff Killer Joe Nevada's [55] Motion to Dismiss. Signed by Judge Mark W Bennett on 9/29/14. (djs)
2014-09-29 60 0 Reply Brief SURREPLY BRIEF to [55] MOTION to Dismiss of Defendant Bolan's Counterlcaim filed by Brittany Bolan. Filed by Clerk pursuant to Order at [59]. (djs)
2014-09-30 61 0 Order on Motion to Dismiss ORDER granting [55] Motion to Dismiss Counterclaim and defendant Bolan's Counterclaim is dismissed with prejudice. [41] Notice of Voluntary Dismissal is amended to dismiss the claim against defendant Bolan with prejudice. Because no claims or counterclaims by or against any party remain pending, this action is dismissed in its entirety. Signed by Judge Mark W Bennett on 9/30/2014. (des)
2014-09-30 62 0 Judgment JUDGMENT: Plaintiff take nothing and this action is dismissed with prejudice. Defendant take nothing on her counterclaim and this action is dismissed with prejudice. Signed by Clerk on 9/30/2014. (des)
2014-10-01 63 0 Notice (Other) NOTICE AO 121 Form with copy of [2] Complaint, [61] Order, and [62] Judgment mailed to Register of Copyrights this date via US Mail (des)
2014-10-01 64 0 Case Ready for Decision DOCKETED IN ERROR - CASE Ready for Decision re [2] Complaint. Action taken as all deadlines have passed. (djs) Modified text on 10/1/2014 (djs).
2014-10-03 65 0 Notice of Appeal NOTICE of Appeal as to [48] Order on Motion to Dismiss, [52] Order on Motion to Set Aside Order by Leigh Leaverton. Filing fee $ 505, receipt number 0862-1878695, Paid 10/1/2014. (Johnson, Raymond) Modified text on 10/3/2014 (des).
2014-10-03 66 0 NOA Supplement and Transmission of Notice of Appeal to USCA NOA Supplement and Transmission of Notice of Appeal to US Court of Appeals re [65] Notice of Appeal. Case Number due by 10/8/2014. (des)
2014-10-10 67 0 USCA Case Number USCA Case Number 14-3274 for [65] Notice of Appeal filed by Leigh Leaverton (Attachment # (1) 8CC Correspondence) (kfs)
2015-12-04 68 0 USCA Order/Opinion OPINION of USCA as to [65] Notice of Appeal: Affirming the judgment of the District Court (Attachments: # (1) 8CC Correspondence # (2) 8CC Correspondence 2)(kfs)
68 1 8CC Correspondence
68 2 8CC Correspondence 2
2015-12-04 69 0 USCA Judgment JUDGMENT of USCA as to [65] Notice of Appeal: Affirming the Judgment of the District Court (kfs)
2015-12-28 70 0 USCA Mandate MANDATE of USCA as to [65] Notice of Appeal RE: [68] Opinion and [69] Judgment filed by Leigh Leaverton: The formal Mandate is hereby issued in the above-filed matter (kfs)