Case details

Court: cacd
Docket #: 2:14-cv-07648
Case Name: Flo & Eddie, Inc. v. Pandora Media, Inc. et al
PACER case #: 600852
Date filed: 2014-10-02
Date terminated: 2017-08-22
Date of last filing: 2015-02-27
Assigned to: Judge Philip S. Gutierrez
Referred to: Magistrate Judge Ralph Zarefsky
Case Cause: 28:1338 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Flo & Eddie, Inc.
Plaintiff
a California corporation, individually and on behalf of all others similarly situated
Evan Seth Cohen
Cohen and Cohen 1180 South Beverly Drive Suite 510 Los Angeles, CA 90035-1157 310-556-9800 Fax: 310-556-9801 Email: esc@manifesto.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Harvey W Geller
Carlton Fields Jorden Burt, LLP 2000 Avenue of the Stars Suite 530N Los Angeles, CA 90067 310-843-6300 Fax: 310-843-6301 Email: hgeller@carltonfields.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Henry D Gradstein
Gradstein and Marzano PC 6310 San Vicente Boulevard Suite 510 Los Angeles, CA 90048 323-776-3100 Fax: 323-931-4990 Email: hgradstein@gradstein.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Maryann R Marzano
Gradstein and Marzano PC 6310 San Vicente Boulevard Suite 510 Los Angeles, CA 90048 323-776-3100 Fax: 323-931-4990 Email: mmarzano@gradstein.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Pandora Media, Inc.
Defendant
a Delaware corporation
Andrew Michael Gass
Latham and Watkins LLP 505 Montgomery Street Suite 2000 San Francisco, CA 94111-6538 415-391-0600 Fax: 415-395-8095 Email: andrew.gass@lw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

James Kevin Lynch
Latham and Watkins LLP 505 Montgomery Street Suite 2000 San Francisco, CA 94111-6538 415-391-0600 Fax: 415-395-8095 Email: jim.lynch@lw.com
ATTORNEY TO BE NOTICED

Does
Defendant
1 through 100

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2014-10-02 1 0 Complaint - (Discovery) COMPLAINT against Defendants Does 1 through 100, Pandora Media, Inc. Case assigned to Judge Otis D. Wright, II for all further proceedings. Discovery referred to Magistrate Judge Stephen J. Hillman.(Filing fee $ 400:PAID) Jury Demanded., filed by plaintiff Flo & Eddie, Inc. (ghap) (mg). (Entered: 10/03/2014) 2015-01-09 14:57:17 b6348bfbc4d5b51a62421154c24070c27e5d8cdb
2014-10-02 2 0 Summons Issued 21 DAY Summons Issued re Complaint - (Discovery), 1 as to Defendant Pandora Media, Inc. (ghap) (Entered: 10/03/2014)
2014-10-02 3 0 Certificate/Notice of Interested Parties CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Flo & Eddie, Inc. (ghap) (mg). (Entered: 10/03/2014)
2014-10-02 4 0 Notice of Related Case(s) NOTICE of Related Case(s) filed by plaintiff Flo & Eddie, Inc. Related Case(s): CV-14-5693 PSG (RZx). (ghap) (mg). (Entered: 10/03/2014)
2014-10-02 5 0 Notice of Assignment to United States Judges(CV-18) - optional html form NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Stephen J. Hillman. (ghap) (Entered: 10/03/2014)
2014-10-02 6 0 Notice to Parties of Court-Directed ADR Program (ADR-8) - optional html form NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) (Entered: 10/03/2014)
2014-10-02 7 0 Notice To Counsel Re: Copyright/Patent/Trademark (CV-31) - optional html form NOTICE TO COUNSEL RE: Copyright, Patent and Trademark Reporting Requirements. Counsel shall file the appropriate AO-120 and/or AO-121 form with the Clerk within 10 days. (ghap) (Entered: 10/03/2014)
2014-10-06 8 0 Report on Filing of Copyright Action (Initial Notification) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Flo & Eddie, Inc.. (Marzano, Maryann) (Entered: 10/06/2014)
2014-10-07 9 0 Transferring Case purs GO 14-03 (Related Case (CV 34) ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 14-03 -Related Case- filed. Related Case No: CV13-05693 PSG (RZx). Case transferred from Magistrate Judge Stephen J. Hillman and Judge Otis D. Wright, II to Judge Philip S. Gutierrez and Magistrate Judge Ralph Zarefsky for all further proceedings. The case number will now reflect the initials of the transferee Judge CV14-07648 PSG (RZx). Signed by Judge Philip S. Gutierrez. (mg) (Entered: 10/07/2014)
2014-10-08 10 0 Order STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge Philip S. Gutierrez (SEE DOCUMENT FOR FURTHER DETAILS). (ab) (Entered: 10/08/2014)
2014-10-28 11 0 Service of Summons and Complaint Returned Executed (21 days) PROOF OF SERVICE Executed by Plaintiff Flo & Eddie, Inc., upon Defendant Pandora Media, Inc. served on 10/22/2014, answer due 11/12/2014. Service of the Summons and Complaint were executed upon CT CORPORATION SYSTEM, AGENT FOR SERVICE OF PROCESS in compliance with California Code of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Marzano, Maryann) (Entered: 10/28/2014)
2014-11-12 12 0 Stipulation Extending Time to Answer (30 days or less) STIPULATION Extending Time to Answer the complaint as to Pandora Media, Inc. answer now due 12/5/2014, filed by Plaintiff Flo & Eddie, Inc..(Geller, Harvey) (Entered: 11/12/2014) 2014-11-18 12:11:11 22787889eefa18ce1f7475a520e8b145dbac0db5
2014-12-05 13 0 Notice of Appearance NOTICE of Appearance filed by attorney Andrew Michael Gass on behalf of Defendant Pandora Media, Inc. (Attorney Andrew Michael Gass added to party Pandora Media, Inc.(pty:dft))(Gass, Andrew) (Entered: 12/05/2014)
2014-12-05 14 0 Notice of Appearance NOTICE of Appearance filed by attorney James Kevin Lynch on behalf of Defendant Pandora Media, Inc. (Attorney James Kevin Lynch added to party Pandora Media, Inc.(pty:dft))(Lynch, James) (Entered: 12/05/2014)
2014-12-05 15 0 Corporate Disclosure Statement CORPORATE DISCLOSURE STATEMENT filed by Defendant Pandora Media, Inc. (Gass, Andrew) (Entered: 12/05/2014)
2014-12-05 16 0 Certificate/Notice of Interested Parties Certification and Notice of Interested Parties of Interested Parties filed by Defendant Pandora Media, Inc., (Gass, Andrew) (Entered: 12/05/2014)
2014-12-05 17 0 Answer to Complaint (Discovery) ANSWER to Complaint - (Discovery), 1 with JURY DEMAND filed by Defendant Pandora Media, Inc..(Gass, Andrew) (Entered: 12/05/2014)
2014-12-05 18 0 Initial Order Setting R26 Scheduling Conference - form only ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 2/23/2015 at 02:00 PM. (wm) (Entered: 12/05/2014)
2014-12-17 19 0 Ex Parte Application for Extension of Time to File Document EXPARTE APPLICATION for Extension of Time to File Motion For Class Certification filed by Plaintiff Flo & Eddie, Inc.. (Attachments: # 1 Proposed Order)(Geller, Harvey) (Entered: 12/17/2014)
2014-12-18 20 0 Response in Opposition to Motion OPPOSITION to EXPARTE APPLICATION for Extension of Time to File Motion For Class Certification 19 filed by Defendant Pandora Media, Inc.. (Attachments: # 1 Declaration of Andrew Gass, # 2 Exhibit 1 to Gass Declaration, # 3 Proof of Service)(Gass, Andrew) (Entered: 12/18/2014)
2014-12-18 21 0 Order on Ex Parte Application for Extension of Time to File a Document ORDER GRANTING PLAINTIFF FLO & EDDIE, INC.'S EX PARTE APPLICATION FOR ANORDER EXTENDING THE TIME FOR FILING ITS MOTION FOR CLASS CERTIFICATION by Judge Philip S. Gutierrez granting 19 Ex Parte Application for Extension of Time to File: The Court has considered all papers and arguments submitted in support of and in opposition to Plaintiff Flo & Eddie, Inc's ("Flo & Eddie") Ex Parte Application For An Order Extending The Time For Filing Its Motion For Class Certification. The Court finds good cause to extend Flo & Eddie's time for filing its Motion for Class Certification. Accordingly, IT IS HEREBY ORDERED that Flo & Eddie's Application is GRANTED and the ninety-day time limitation set forth in L.R. 23-3 is vacated. The time for Flo & Eddie to file its motion for class certification shall be set at the initial Scheduling Conference scheduled for February 23, 2015. (bm) (Entered: 12/19/2014)
2014-12-19 22 0 Motion to Strike NOTICE OF MOTION AND MOTION to Strike Each Cause of Action in the Complaint Pursuant to California's Anti-SLAPP Statute [C.C.P. § 425.16] filed by Defendant Pandora Media, Inc.. Motion set for hearing on 2/23/2015 at 01:30 PM before Judge Philip S. Gutierrez. (Attachments: # 1 Memorandum of Points and Authorities in Support of Special Motion to Strike, # 2 Appendix of Legislative History and Other Authority, # 3 Exhibit 1 to Appendix, # 4 Exhibit 2 to Appendix, # 5 Exhibit 3 to Appendix, # 6 Exhibit 4 to Appendix, # 7 Exhibit 5 to Appendix, # 8 Exhibit 6 to Appendix, # 9 Exhibit 7 to Appendix, # 10 Exhibit 8 to Appendix, # 11 Exhibit 9 to Appendix, # 12 Exhibit 10 to Appendix, # 13 Exhibit 11 to Appendix, # 14 Exhibit 12 to Appendix, # 15 Exhibit 13 to Appendix, # 16 Proposed Order)(Gass, Andrew) (Entered: 12/19/2014)
22 1 Memorandum of Points and Authorities in Support of Special Motion to Strike 2014-12-22 09:43:46 a8705e8c08063cf65a5700cd151ddff43ffe6537
22 2 Appendix of Legislative History and Other Authority
22 3 Exhibit 1 to Appendix 2015-02-25 12:01:06 dc42621f2b979163eee3d6c052399b22038fa8a3
22 4 Exhibit 2 to Appendix
22 5 Exhibit 3 to Appendix
22 6 Exhibit 4 to Appendix
22 7 Exhibit 5 to Appendix
22 8 Exhibit 6 to Appendix
22 9 Exhibit 7 to Appendix
22 10 Exhibit 8 to Appendix
22 11 Exhibit 9 to Appendix
22 12 Exhibit 10 to Appendix
22 13 Exhibit 11 to Appendix
22 14 Exhibit 12 to Appendix
22 15 Exhibit 13 to Appendix
22 16 Proposed Order
2015-02-02 23 0 MEMORANDUM in Opposition to Motion MEMORANDUM in Opposition to MOTION to Strike Each Cause of Action in the Complaint Pursuant to California's Anti-SLAPP Statute [C.C.P. § 425.16] 22 filed by Plaintiff Flo & Eddie, Inc.. (Geller, Harvey) (Entered: 02/02/2015) 2015-02-24 10:40:56 9fb5c41d4e27c4572ff4a5cdf522f42bb71f8da7
2015-02-02 24 0 Declaration (Motion related) DECLARATION of Mark Volman Opposition MOTION to Strike Each Cause of Action in the Complaint Pursuant to California's Anti-SLAPP Statute [C.C.P. § 425.16] 22 filed by Plaintiff Flo & Eddie, Inc.. (Geller, Harvey) (Entered: 02/02/2015)
2015-02-02 25 0 Declaration (Motion related) DECLARATION of Harvey Geller Opposition MOTION to Strike Each Cause of Action in the Complaint Pursuant to California's Anti-SLAPP Statute [C.C.P. § 425.16] 22 filed by Plaintiff Flo & Eddie, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Geller, Harvey) (Entered: 02/02/2015)
2015-02-09 26 0 Reply (Motion related) REPLY in Support of Pandora Media, Inc.'s MOTION to Strike Each Cause of Action in the Complaint Pursuant to California's Anti-SLAPP Statute [C.C.P. § 425.16] 22 filed by Defendant Pandora Media, Inc.. (Attachments: # 1 Appendix, # 2 Exhibit 1 to Appendix)(Gass, Andrew) (Entered: 02/09/2015)
2015-02-11 27 0 Statement STATEMENT Joint Case Management Statement filed by Plaintiff Flo & Eddie, Inc. (Geller, Harvey) (Entered: 02/11/2015)
2015-02-23 28 0 Order on Motion to Strike MINUTES (IN CHAMBERS) ORDER DENYING Pandora's Anti-SLAPP Motion to Dismiss by Judge Philip S. Gutierrez denying 22 Motion to Strike: For the foregoing reasons, the Court DENIES Pandora's anti-SLAPP motion to dismiss. (see document for further details) (bm) (Entered: 02/23/2015) 2015-02-24 17:12:12 ef8fd1d63c198da8c16315681d16bd03822af649
2015-02-23 29 0 Motion Hearing MINUTES OF DEFENDANT PANDORA MEDIA, INC'S SPECIAL MOTION TO STRIKE UNDER CALIFORNIA CODE OF CIVIL PROCEDURE §425.162 FILED 12/19/14 (DOC 22); AND 2. SCHEDULING CONFERENCE JT 26f REPORT FILED: 02-11-15 held before Judge Philip S. Gutierrez: The Court, having considered all papers submitted as to the Motion referenced above, and the oral argument presented today, takes the motion under submissio, and vacates the Scheduling Conference, to be reset at a later time. Court Reporter: Marea Woolrich. (bm) (Entered: 02/24/2015) 2015-02-26 13:38:39 4c6ac74b781b5177df7e5168c0eae31ff49659a5
2015-02-24 30 0 Notice of Appeal to 9th Circuit Court of Appeals NOTICE OF APPEAL to the 9th CCA filed by Defendant Pandora Media, Inc.. Appeal of Order on Motion to Strike, 28 (Appeal fee of $505 receipt number 0973-15263615 paid.) (Attachments: # 1 Copy of February 23, 2015 Order (Doc. 28), # 2 Representation Statement)(Gass, Andrew) (Entered: 02/24/2015)
30 1 Copy of February 23, 2015 Order (Doc. 28)
30 2 Representation Statement 2015-02-26 13:45:46 8594220c516f40e9dc8408f96883e5e490c645c5
2015-02-24 31 0 9th CCA Assigned Case Number Notice NOTIFICATION by Circuit Court of Appellate Docket Number 15-55287, 9th CCA regarding Notice of Appeal to 9th Circuit Court of Appeals, 30 as to Defendant Pandora Media, Inc. (car) (Entered: 02/25/2015)
2015-02-25 32 0 Initial Order Setting R26 Scheduling Conference - form only ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 4/27/2015 at 02:00 PM. (wm) (Entered: 02/25/2015)
2015-02-25 33 0 Initial Order Setting R26 Scheduling Conference - form only CORRECTED ORDER SETTING SCHEDULING CONFERENCE by Judge Philip S. Gutierrez. Scheduling Conference set for 4/27/2015 at 02:00 PM. (wm) (Entered: 02/25/2015)
2015-02-25 34 0 9th CCA Assigned Case Number Notice NOTIFICATION by Circuit Court of Appellate Docket Number 15-55287, 9th Circuit regarding Notice of Appeal to 9th Circuit Court of Appeals 30 as to defendant Pandora Media, Inc. [Amended] (mat) (Entered: 02/26/2015) 2015-02-28 11:00:51 b3f448c219341e0651c4d657cc1abfdae07b4d40
2015-02-25 35 0 Notice of Clerical Error (G-11) NOTICE OF CLERICAL ERROR: Due to clerical error, the following docket entry has been corrected as indicated below. Re: Order Setting Scheduling Conference 32 , Filed date: 2/25/15. Other: Incorrect document attached. Document corrected (No. 33) (bm) (Entered: 02/26/2015)
2015-02-27 36 0 Transcript Designation and Ordering Form (G-120) TRANSCRIPT ORDER as to Defendant Pandora Media, Inc. Court Reporter. Court will contact Elizabeth Yandell at elizabeth.yandell@lw.com with any questions regarding this order. Transcript portion requested: Other: 02/23/2015. Transcript preparation will not begin until payment has been satisfied with the court reporter/recorder. (Gass, Andrew) (Entered: 02/27/2015)
2015-04-08 37 0 TRANSCRIPT for proceedings held on February 23, 2015, 1:43 p.m. Court Reporter: MAREA WOOLRICH, mareawoolrich@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 4/29/2015. Redacted Transcript Deadline set for 5/9/2015. Release of Transcript Restriction set for 7/7/2015. (mwo) (Entered: 04/08/2015)
2015-04-08 38 0 NOTICE OF FILING TRANSCRIPT filed for proceedings February 23, 2015, 1:43 p.m. re Transcript 37 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (mwo) TEXT ONLY ENTRY (Entered: 04/08/2015)
2015-04-08 39 0 STIPULATION to Continue Scheduling Conference from April 27, 2015 to May 4, 2015 Re: Initial Order Setting R26 Scheduling Conference - form only 33 filed by Plaintiff Flo & Eddie, Inc.. (Attachments: # 1 Proposed Order)(Geller, Harvey) (Entered: 04/08/2015)
2015-04-10 40 0 ORDER RE STIPULATION TO CONTINUE SCHEDULING CONFERENCE 39 by Judge Philip S. Gutierrez. It is hereby ORDERED that the Scheduling Conference in this matter currently set for April 27, 2015, at 2:00 p.m. is hereby continued to May 4, 2015 at 2:30 p.m. IT IS SO ORDERED. (lom) (Entered: 04/10/2015)
2015-04-14 41 0 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 7-10 days, filed by Plaintiff Flo & Eddie, Inc... (Lifschitz, Daniel) (Entered: 04/14/2015)
2015-04-15 42 0 NOTICE OF ERRATA filed by Plaintiff Flo & Eddie, Inc.. correcting Joint Report Rule 26(f) Discovery Plan 41 (Lifschitz, Daniel) (Entered: 04/15/2015)
2015-05-06 43 0 MINUTE ORDER IN CHAMBERS STAYING Action by Judge Philip S. Gutierrez: After considering the arguments presented by Plaintiff Flo & Eddie, Inc. ("Flo & Eddie") and Defendant Pandora Media, Inc. ("Pandora") in their Joint Case Management Statement (Dkt. # 42), as well as the arguments presented at the scheduling conference on May 4, 2015, the Court hereby STAYS the action in its entirety, pending the resolution of Pandora's appeal of this Court's February 23, 2015 Order Denying Pandora's Anti-SLAPP Motion to Dismiss (Dkt. # 28). (bm) (Entered: 05/06/2015)
2015-05-04 44 0 MINUTES OF SCHEDULING CONFERENCE held before Judge Philip S. Gutierrez: Case called. Counsel makes appearances. Court and counsel discuss case. The Court having heard from counsel, will consider all arguments made by both sides. In light of the scheduled above hearing the matter does not go forth, order to follow. Court Reporter: Marea Woolrich. (bm) (Entered: 05/07/2015)
2016-12-09 45 0 NOTICE TO PARTIES by District Judge Phillip S. Gutierrez. Effective December 19, 2016, Judge Gutierrez will be located at the 1st Street Courthouse, COURTROOM 6A on the 6th floor, located at 350 W. 1st Street, Los Angeles, California 90012. All Court appearances shall be made in Courtroom 6A of the 1st Street Courthouse, and all mandatory chambers copies shall be hand delivered to the judge's mail box outside the Clerk's Office on the 4th floor of the 1st Street Courthouse. The location for filing civil documents in paper format exempted from electronic filing and for viewing case files and other records services remains at the United States Courthouse, 312 North Spring Street, Room G-8, Los Angeles, California 90012. The location for filing criminal documents in paper format exempted from electronic filing remains at Edward R. Roybal Federal Building and U.S. Courthouse, 255 East Temple Street, Room 178, Los Angeles, California 90012. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrp) TEXT ONLY ENTRY (Entered: 12/09/2016)
2017-08-22 46 0 MINUTE ORDER IN CHAMBERS REOPENING/CLOSING by Judge Philip S. Gutierrez: Other: Per the Court, case is ordered closed. (Made JS-6. Case Terminated.) (bm) (Entered: 08/23/2017)
2017-08-23 47 0 REPORT ON THE DETERMINATION OF AN ACTION Regarding a Copyright. (Closing) (bm) (Entered: 08/23/2017)