UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles)
CIVIL DOCKET FOR CASE #: 2:07-cv-08292-RGK-AGR


MySpace v. Blue China Group et al
Assigned to: Judge R. Gary Klausner
Referred to: Magistrate Judge Alicia G. Rosenberg
Cause: 28:1331 Fed. Question

Date Filed: 12/21/2007
Jury Demand: Both
Nature of Suit: 890 Other Statutory Actions
Jurisdiction: Federal Question
Plaintiff
MySpace
Inc.
represented byChristian S Genetski
Sonnenschein Nath and Rosenthal
East Tower
1301 K Street NW Suite 600
Washington , DC 20005
202-408-6400
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

David H Stern
Winston and Strawn LLP
333 S Grand Avenue 38th Floor
Los Angeles , CA 90071-1543
213-615-1700
Fax: 213-615-1750
Email: dstern@winston.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Sekret T Sneed
Sonneschein Nath and Rosenthal
601 South Figueroa Street
Suite 2500
Los Angeles , CA 90017
213-623-9300
Email: ssneed@sonnenschein.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Blue China Group
Ltd
represented byGary Kurtz
Gary Kurtz Law Office
20335 Ventura Blvd Suite 200
Woodland Hills , CA 91364
818-884-8400
Fax: 818-884-8404
Email: gary@garykurtzlaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Michael Peter Walczak
aka Peter Call
represented byGary Kurtz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Jeremiah Buehre represented byGary Kurtz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Doru Giuchici represented byGary Kurtz
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
John Does
1-5

Date Filed #Docket Text
12/21/2007COMPLAINT against defendants John Does, Blue China Group, Michael Peter Walczak, Jeremiah Buehre, Doru Giuchici. (Filing fee $ 350 Paid) Jury Demanded, filed by plaintiff MySpace.(cbr) (Entered: 01/07/2008)
12/21/2007CERTIFICATION as to Interested Parties filed by Plaintiff MySpace. (cbr) (Entered: 01/07/2008)
12/21/2007 20 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants John Does, Blue China Group, Michael Peter Walczak, Jeremiah Buehre, Doru Giuchici. (cbr) (Entered: 01/07/2008)
12/21/2007NOTICE of Related Case(s) filed by plaintiff MySpace. Related Case(s): There are no actions previously filed or currently pending in the United States District Court. (cbr) (Entered: 01/07/2008)
12/21/2007 FAX number for Attorney Sekret T Sneed, David H Stern is 213-623-9924. (cbr) (Entered: 01/07/2008)
12/21/2007 FAX number for Attorney Christian S Genetski is 202-408-6399. (cbr) (Entered: 01/07/2008)
01/07/20084 NOTICE OF FILING FEE DUE on Pro Hac Vice Application mailed to attorney Christian S Genetski for Plaintiff MySpace. (cbr) (Entered: 01/07/2008)
01/25/20085  [Not for Does] Certificat of Interested Parties filed by Defendants John Does, Blue China Group, Michael Peter Walczak, Jeremiah Buehre, Doru Giuchici. (Kurtz, Gary) Modified on 1/28/2008 (lc, ). (Entered: 01/25/2008)
01/25/20086  APPLICATION OF NON-RESIDENT ATTORNEY Christian S. Genetski for Leave to Appear Pro Hac Vice filed by plaintiff MySpace. (Sneed, Sekret) (Entered: 01/25/2008)
01/28/20087 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: wrong document image linked to event; incorrect category: motion; correct event: application which prompts for required information; proposed order is then submitted as an attachment to the missing application form and event, action was or will be taken by filer: RE APPLICATION OF NON-RESIDENT ATTORNEY Christian S. Genetski for Leave to Appear Pro Hac Vice 6 (lc) (Entered: 01/28/2008)
01/28/20088 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found: deft entry erroneously selected doe defendants, action was taken by clerk: Clerk has corrected by removing attorneys erroneous selection of doe parties to entry: RE Certificate of Interested Parties 5 (lc) (Entered: 01/28/2008)
01/29/20089  APPLICATION OF NON-RESIDENT ATTORNEY Christian S. Genetski for Leave to Appear Pro Hac Vice. FEE NOT PAID. filed by plaintiff MySpace. (Attachments: # 1 Proposed Order Order on Application for Non-Resident Attorney To Appear In Specific Case)(Sneed, Sekret) (Entered: 01/29/2008)
01/29/200810 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by defendant Michael Peter Walczak.Motion set for hearing on 3/10/2008 at 01:30 PM before Judge George P. Schiavelli. (Attachments: # 1 Declaration Signature# 2 Exhibit A# 3 Exhibit B)(Kurtz, Gary) (Entered: 01/29/2008)
01/30/200811 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found 3/10/08 is a closed hearing date; refer to court website for available dates, action was or will be taken by filer: RE MOTION to Dismiss for Lack of Jurisdiction 10 (lc) (Entered: 01/30/2008)
01/30/200812 NOTICE OF MOTION AND Corrected MOTION to Dismiss for Lack of Jurisdiction filed by defendant Michael Peter Walczak.Motion set for hearing on 3/17/2008 at 01:30 PM before Judge George P. Schiavelli. (Attachments: # 1 Declaration signature# 2 Exhibit A# 3 Declaration B)(Kurtz, Gary) (Entered: 01/30/2008)
01/31/200813 ANSWER with JURY DEMAND filed by Defendant Doru Giuchici.(Kurtz, Gary) (Entered: 01/31/2008)
01/31/200814 ANSWER filed by defendant Jeremiah Buehre.(Kurtz, Gary) (Entered: 01/31/2008)
01/31/200815 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Blue China Group.Motion set for hearing on 3/17/2008 at 01:30 PM before Judge George P. Schiavelli. (Attachments: # 1 Declaration Signature page# 2 Exhibit A# 3 Exhibit B)(Kurtz, Gary) (Entered: 01/31/2008)
01/31/2008 FAX number for Attorney Gary Kurtz is 818-884-8404. (lc) (Entered: 02/01/2008)
02/08/200816 ORDER by Judge George P. Schiavelli Granting APPLICATION OF NON-RESIDENT ATTORNEY Christian S. Genetski for Leave to Appear Pro Hac Vice 6 9 by Christian S Genetski to appear on behalf of Plaintiff MySpace.Sekret T Sneed is designated as local counsel. Fee paid. (lc) (Entered: 02/12/2008)
02/21/200817 PROOF OF SERVICE Executed by PLAINTIFF MySpace, upon Jeremiah Buehre served on 12/22/2007, answer due 1/11/2008. The Summons and Complaint were served by Personal Service service, by Federal statute, upon Jeremiah Buehre, Defendant. Due Dilligence declaration No. Original Summons No. (Stern, David) (Entered: 02/21/2008)
02/25/200818 Amendment to MOTION to Dismiss for Lack of Jurisdiction 15 , Corrected MOTION to Dismiss for Lack of Jurisdiction 12 (Continuance of Motion) filed by Defendants Blue China Group, Michael Peter Walczak. (Kurtz, Gary) (Entered: 02/25/2008)
02/27/200819 MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli : Order Striking Document. The Court hereby STRIKES the Notice of Continuance of Hearing Date of Motions to Dismiss by Defendants Michael Peter Walczak and Blue China Group, Ltd. (item 18) that was electronically filed on February 25, 2008. Parties are not authorized to continue hearing dates. A stipulation and proposed order or an ex parte application to continue should be submitted to the Court regarding continuances. (sce) (Entered: 02/27/2008)
02/27/200820  STIPULATION TO CONTINUE HEARING re MOTION to Dismiss for Lack of Jurisdiction 15 , MOTION to Dismiss for Lack of Jurisdiction 10 , Corrected MOTION to Dismiss for Lack of Jurisdiction 12 filed by Defendants Blue China Group, Michael Peter Walczak. (Attachments: # 1 signature page of Plaintiff# 2 Proposed Order)(Kurtz, Gary) (Entered: 02/27/2008)
02/28/200821 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found wrong event: motion related document; correct event: stipulation, action was or will be taken by filer : RE Motion Related Document, 20 (lc) (Entered: 02/28/2008)
02/28/200822  STIPULATION for Hearing re MOTION to Dismiss for Lack of Jurisdiction 15 , Amendment (Motion related) 18 , Corrected MOTION to Dismiss for Lack of Jurisdiction 12 filed by Defendants Blue China Group, Michael Peter Walczak. (Attachments: # 1 Signature page of Plaintiff# 2 Proposed Order)(Kurtz, Gary) (Entered: 02/28/2008)
02/29/200823 ORDER upon Stipulation 22 continuing the hearings on defendants Michael Peter Wlczak and Blue China Group's motion to dismiss 1 , 12 , 15 to 4/14/2008 at 01:30 PM; MySpace's oppositions due on or by 3/31/08; defendants replies due on or by 4/7/08 by Judge George P. Schiavelli. (lc) (Entered: 03/03/2008)
03/31/200824 OBJECTIONS in Support of Opposition to re: MOTION to Dismiss for Lack of Jurisdiction 15 filed by Plaintiff MySpace. (Sneed, Sekret) (Entered: 03/31/2008)
03/31/200825 MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction 15 filed by Plaintiff MySpace. (Sneed, Sekret) (Entered: 03/31/2008)
03/31/200826 MEMORANDUM in Opposition to MOTION to Dismiss for Lack of Jurisdiction 15 filed by Plaintiff MySpace. (Sneed, Sekret) (Entered: 03/31/2008)
03/31/200827 DECLARATION of Ernest Hilbert in opposition to MOTION to Dismiss for Lack of Jurisdiction 15 , Corrected MOTION to Dismiss for Lack of Jurisdiction 12 filed by Plaintiff MySpace. (Attachments: # 1 Exhibit Exhibits A to Q# 2 Exhibit Exhibits R to T)(Sneed, Sekret) (Entered: 03/31/2008)
04/01/200828 NOTICE OF ERRATA filed by Plaintiff MySpace. correcting MEMORANDUM in Opposition to Motion 26 by Defendant Michael Peter Walczak (Attachments: # 1 Exhibit Opposition to Motion to Dismiss with Correctly Formatted Tables)(Sneed, Sekret) (Entered: 04/01/2008)
04/01/200829 NOTICE OF ERRATA filed by Plaintiff MySpace. correcting MEMORANDUM in Opposition to Motion 25 of Blue China Group, Ltd. (Attachments: # 1 Exhibit Opposition to Motion to Dismiss by Blue China Group, Ltd.)(Sneed, Sekret) (Entered: 04/01/2008)
04/07/200830 First EX PARTE APPLICATION to Dismiss for Lack of Jurisdiction (for leave to file replies in support thereof) filed by Defendant Blue China Group, Michael Peter Walczak. (Attachments: # 1 Exhibit Proposed Reply of BCG# 2 Exhibit Proposed Reply of Walczak)(Kurtz, Gary) (Entered: 04/07/2008)
04/07/200831 OBJECTIONS Plaintiff's Opposition to Motions to Dismiss re: MOTION to Dismiss for Lack of Jurisdiction 15 , MOTION to Dismiss for Lack of Jurisdiction 10 , Corrected MOTION to Dismiss for Lack of Jurisdiction 12 filed by Defendants Blue China Group, Michael Peter Walczak. (Kurtz, Gary) (Entered: 04/07/2008)
04/07/200832 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following deficiency was found missing the formal proposed ex parte order, which should be submitted as a separate attachment to main document, action was or will be taken by filer -: RE First EX PARTE APPLICATION to Dismiss for Lack of Jurisdiction (for leave to file replies in support thereof)First EX PARTE APPLICATION to Dismiss for Lack of Jurisdiction (for leave to file replies in support thereof) 30 (lc) (Entered: 04/07/2008)
04/08/200833 OPPOSITION to First EX PARTE APPLICATION to Dismiss for Lack of Jurisdiction (for leave to file replies in support thereof)First EX PARTE APPLICATION to Dismiss for Lack of Jurisdiction (for leave to file replies in support thereof) 30 filed by Plaintiff MySpace. (Attachments: # 1 Declaration David H. Stern in Support of MySpace, Inc.'s Opposition to Defendants Blue China Group, Ltd. and Michael Peter Walczak's Ex Parte Application for Leave to File Replies in Support of Motions to Dismiss)(Stern, David) (Entered: 04/08/2008)
04/09/200834 MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: Defendants filed anEx Parte Application seeking leave of the Court to file replies re defendants motions to dismiss, attaching the replies to the Application. Apparently, Defendants interpreted the Courts Standing Order No. 9 as encompassing both the initial brief and the reply. To clarify, Standing Order No. 9 applies to the initial brief. Therefore, the Court deems the attached replies as timely filed 30 . (lc) (Entered: 04/09/2008)
08/25/200835 MINUTES OF IN CHAMBERS ORDER held before Judge George P. Schiavelli: denying defendant Blue China Groups Motion to Dismiss for Lack of Jurisdiction 15 and deferring ruling on defendant Michael Walczaks Motion to Dismiss for Lack of Jurisdiction 10 , 12 and granting plaintiff jurisdictional Discovery for 45 days. After discovery, Plaintiff shall file a supplemental brief, not to exceed 5 pages, on or before October 10, 2008. Defendant Walczak can submit a reply brief, not to exceed five 5 pages, by October 24, 2008. Once submitted, the Court will determine if a further hearing is required. (lc) (Entered: 08/26/2008)
10/07/200836  EXPARTE APPLICATION for Extension of Time to File To Take Discovery and File Supplemental Brief in Opposition to Michael Walczak's Motion to Dismiss for Lack of Personal Jurisdiction filed by Plaintiff MySpace. (Attachments: # 1 Declaration of Christian Genetski in Support, # 2 Proposed Order)(Sneed, Sekret) (Entered: 10/07/2008)
10/08/200837 ORDER OF THE CHIEF JUDGE (#08-073) approved by Chief Judge Alicemarie H. Stotler, with the concurrence of the Case Management and Assignment Committee, this case is transferred, from Judge George P. Schiavelli, to the calendar of Judge R. Gary Klausner, for all further proceedings. The case number will now reflect the initials of the transferee Judge CV07-8292 RGK (AGRx). (at) (Entered: 10/10/2008)
10/10/200838 ORDER by Judge R. Gary Klausner Extending Time for MySpace, Inc. to Take Discovery and to File Supplemental Brief in Opposition to Defendant Michael Walczak's MOTION to Dismiss for Lack of Personal Jurisdiction 12 . MySpace's application 36 is hereby GRANTED. MySpace's time to take jurisdictional discovery and file a supplemental brief shall be extended to 10/17/2008. Defendant Michael Walczak's reply brief shall be filed no later than 10/31/2008. (mg) (Entered: 10/14/2008)
10/14/2008 DOCUMENT number 38, ORDER by Judge R. Gary Klausner Extending Time for MySpace, Inc. to Take Discovery and to File Supplemental Brief in Opposition to Defendant Michael Walczak's Motion to Dismiss... deleted for the following reason: Electronic service incomplete; No NEF.(nhac) (Entered: 10/14/2008)
10/17/200839  Supplemental Brief in Opposition to Michael Peter Walczak's Motion to Dismiss for Lack of Jurisdiction yes re: MOTION to Dismiss for Lack of Jurisdiction 10 filed by Plaintiff MySpace. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sneed, Sekret) (Entered: 10/17/2008)
10/28/200840 REPLY IN SUPPORT OF MOTION TO DISMISS FOR LACK OF JURISDICTION MOTION to Dismiss for Lack of Jurisdiction 10 , Corrected MOTION to Dismiss for Lack of Jurisdiction 12 filed by Defendant Michael Peter Walczak. (Sandler, Steven) (Entered: 10/28/2008)
10/29/200841 NOTICE of Errata re Supplemental Brief in Opposition to Defendant Michael Peter Walczak's Motion to Dismiss for Lack of Jurisdiction filed by Plaintiff MySpace. (Sneed, Sekret) (Entered: 10/29/2008)
10/29/200842 ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner: Scheduling Conference set for 1/12/2009 09:00 AM before Judge R. Gary Klausner. (See scheduling order for further detals) (yl) (Entered: 10/30/2008)
11/05/200843 STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (sw) (Entered: 11/05/2008)
11/06/200844  EX PARTE APPLICATION for Leave to File a Reply to Defendant Walczak's Supplemental Response in Support of His Motion to Dismiss filed by Plaintiff MySpace. (Attachments: # 1 Exhibit MySpace's Proposed Reply to Defendant Walczak's Supplemental Response Brief)(Sneed, Sekret) (Entered: 11/06/2008)
11/06/200845 DECLARATION of Christian Genetski in support of EX PARTE APPLICATION for Leave to File a Reply to Defendant Walczak's Supplemental Response in Support of His Motion to Dismiss 44 filed by Plaintiff MySpace. (Sneed, Sekret) (Entered: 11/06/2008)
11/06/200846 NOTICE OF LODGING filed by MySpace, Inc. re EX PARTE APPLICATION for Leave to File a Reply to Defendant Walczak's Supplemental Response in Support of His Motion to Dismiss 44 (Attachments: # 1 Proposed Order Granting MySpace, Inc.'s Ex Parte Application)(Sneed, Sekret) (Entered: 11/06/2008)
11/07/200847 OPPOSITION to EX PARTE APPLICATION for Leave to File a Reply to Defendant Walczak's Supplemental Response in Support of His Motion to Dismiss 44 filed by Defendant Michael Peter Walczak. (Kurtz, Gary) (Entered: 11/07/2008)
11/14/200848 REPLY in opposition to Defendant Michael Peter Walczak's Supplemental Response Brief in Support of His Motion to Dismiss for Lack of Personal Jurisdiction filed by Plaintiff MySpace. (Sneed, Sekret) (Entered: 11/14/2008)
11/14/200849 ORDER GRANTING MYSPACE, INC.'S EX PARTE APPLICATION FOR LEAVE TO FILE REPLY TO DEFENDANT MICHAEL PETER WALCZAK'S SUPPLEMENTAL RESPONSE BRIEF IN SUPPORT OF HIS MOTION TO DISSMISS FOR LACK OF PERSONAL JURISDICTION 44 by Judge R. Gary Klausner. Good cause appearing therefor, MySpaces application is herebyGRANTED. Not later than close of business on November 14, 2008, counsel shall electronically file MySpaces Reply to Defendant Michael Peter Walczaks Supplemental Response Brief in Opposition to Michael Peter Walczaks Motion to Dismiss for Lack of Personal Jurisdiction. (Note: Changes Made By The Court). (sch) (Entered: 11/17/2008)
11/25/200850 MINUTES (IN CHAMBERS) ORDER Defendant Walczaks Motion to Dismiss (DE12) by Judge R. Gary Klausner: re: Corrected MOTION to Dismiss for Lack of Jurisdiction 12 . On August 25, 2008, Judge Schiavelli deferred ruling on Defendant Walczaks Motion to Dismiss for Lack of Jurisdiction. In that Order, Judge Schiavelli granted Plaintiff jurisdictional discovery for 45 days, and provided a schedule for supplemental briefing. At the time the case was reassigned, this matter was pending. The Court has now reviewed and considered the parties' original and supplemental briefs on this matter, and finds as follows. (See minute order for further details) Therefore, the Court grants an extension of time to allow the parties to obtain resolution of their discovery disputes, either formally or informally. Hearing on this matter is hereby extended to February 17, 2009. The schedule for further briefing is as follows: Plaintiff's Second Supplemental Brief must be filed and personally served no later than February 2, 2009; Walczaks Reply to Plaintiffs Second Supplemental Brief must be filed and personally served no later than February 6, 2009; any Response to Walczaks Reply must be filed and personally served no later than February 11, 2009. IT IS SO ORDERED. (yl) (Entered: 11/26/2008)
12/31/200851 Joint STIPULATION to Continue Scheduling Conference from January 12, 2009 to March 23, 2009 filed by Plaintiff MySpace. (Attachments: # 1 Proposed Order to Continue Scheduling Conference)(Sneed, Sekret) (Entered: 12/31/2008)
01/07/200952 TRANSCRIPT for proceedings held on 04/14/08 1:30 PM. Court Reporter/Electronic Court Recorder: ROSALYN ADAMS, phone number 213-894-2665. 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 1/28/2009. Redacted Transcript Deadline set for 2/7/2009. Release of Transcript Restriction set for 4/7/2009. (Adams, Rosalyn) (Entered: 01/07/2009)
01/07/200953 NOTICE AND REQUEST of Settlement Procedure Selection (Sp2) filed; parties request to appear before an attorney selected by the Attorney Settlement Officer Panel or appointed by the Judge for Settlement Proceedings. Filed by Plaintiff MySpace (Attachments: # 1 Proposed Order)(Sneed, Sekret) (Entered: 01/07/2009)
01/08/200954 [PROPOSED] ORDER TO CONTINUESCHEDULING CONFERENCE by Judge R. Gary Klausner: re Stipulation to Continue 51 . DENIEDBY ORDER OF THE COURT (ama) (Entered: 01/09/2009)
01/09/200955 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 5-7 days, filed by Plaintiff MySpace.. (Sneed, Sekret) (Entered: 01/09/2009)
01/12/200956 SCHEDULING CONFERENCE held by Judge R. Gary Klausner: Counsel for defendant is not present. The Court sets an order to show cause why answer should not be stricken for failure to appear for January 26, 2009 at 9:00 a.m. Case recalled. All parties are present. Court and counsel confer. The OSC is discharged. The Scheduling Conference is held. The Court sets the following dates: (See minute order for further details) (yl) (Entered: 01/13/2009)
01/13/200957 ORDER FOR JURY TRIAL by Judge R. Gary Klausner, (yl) (Entered: 01/13/2009)
01/14/200958 ORDER by Judge R. Gary Klausner Approved the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2). (yl) (Entered: 01/15/2009)


PACER Service Center
Transaction Receipt
01/28/2009 06:22:52
PACER Login:ir2466Client Code:
Description:Docket ReportSearch Criteria:2:07-cv-08292-RGK-AGR End date: 1/28/2009
Billable Pages:6Cost: 0.48