| CLOSED, LODGED_DOC, PROSE |
Merkey v. Perens et al Assigned to: Judge Dale A. Kimball Cause: 42:1983 Civil Rights Act |
Date Filed: 06/22/2005 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Jeff V Merkey | represented by | Jeff V Merkey
1058 E 50 S LINDON, UT 84042 (801)427-3547 PRO SE |
V. | ||
| Defendant | ||
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Bruce Perens
TERMINATED: 07/20/2005 also known as OSRM TERMINATED: 07/20/2005 |
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| Defendant | ||
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Pamela Jones
also known as Groklaw.com |
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| Defendant | ||
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Grendel
TERMINATED: 08/16/2005 also known as Pagansavage.com TERMINATED: 08/16/2005 |
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| Defendant | ||
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Matt Merkey
TERMINATED: 08/16/2005 also known as Merkey.net TERMINATED: 08/16/2005 |
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| Defendant | ||
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Brandon Suit
TERMINATED: 08/16/2005 also known as Merkey.net TERMINATED: 08/16/2005 |
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| Defendant | ||
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John Sage
TERMINATED: 08/16/2005 also known as Finchhaven.com TERMINATED: 08/16/2005 |
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| Defendant | ||
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Mrbuttle
also known as ip-wars.net |
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| Defendant | ||
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Slashdot.org
TERMINATED: 07/20/2005 |
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| Defendant | ||
|
Jeff Causey
also known as ip-wars.net |
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| Defendant | ||
|
Al Petrofsky
also known as scofacts.org also known as Alan P. Petrofsky |
represented by | Al Petrofsky
3618 ALAMEDA APT 5 MENLO PARK, CA 94025 (650)520-0626 PRO SE |
| Amicus | ||
| Electronic Frontier Foundation | represented by | Kurt B. Opsahl
ELECTRONIC FRONTIER FOUNDATION 454 SHOWELL ST SAN FRANCISCO, CA 94110 (415)436-9333 Email: kurt@eff.org LEAD ATTORNEY ATTORNEY TO BE NOTICED Corynne McSherry ELECTRONIC FRONTIER FOUNDATION 454 SHOWELL ST SAN FRANCISCO, CA 94110 (415)436-9333 Email: corynne@eff.org ATTORNEY TO BE NOTICED Matthew J. Zimmerman ELECTRONIC FRONTIER FOUNDATION 454 SHOWELL ST SAN FRANCISCO, CA 94110 (415)436-9333 Email: mattz@eff.org ATTORNEY TO BE NOTICED |
| Amicus | ||
| American Civil Liberties Union of Utah Foundation | represented by | Margaret D. Plane
AMERICAN CIVIL LIBERTIES UNION OF UTAH 355 N 300 W STE 1 SALT LAKE CITY, UT 84103 (801)521-9862 Email: mplane@acluutah.org LEAD ATTORNEY ATTORNEY TO BE NOTICED |
Date Filed |
# | Docket Text |
| 06/21/2005 | 1 | COMPLAINT against Brandon Suit, John Sage, Mrbuttle, Slashdot.org, Bruce Perens, Pamela Jones, Grendel, Matt Merkey (Filing fee $ 250, receipt number 4681004547), filed by Jeff V Merkey. (Attachments: # (1) Exhibit A-B)Assigned to Judge Dale A. Kimball (rlr, ) Additional attachment(s) added on 6/22/2005 (blk, ). Modified by redacting document/deleting complete document image and attaching redacted image per order #2, on 6/22/2005 (blk, ). (Entered: 06/22/2005) |
| 06/22/2005 | 2 | ORDER sealing Exhibit #2 re 1 Complaint, filed by Jeff V Merkey, . Signed by Judge Dale A. Kimball on 6/22/05. (blk, ) (Entered: 06/22/2005) |
| 06/22/2005 | 3 | Modification of Docket: Error: complaint contained sealed/protected information. Correction: Clerk removed the sealed/protected portion of the complaint per order no. 2 and re-attached redacted document image. re 1 Complaint,. (blk, ) (Entered: 06/22/2005) |
| 06/22/2005 | 4 | **SEALED DOCUMENT** Exhibit #2 re 1 Complaint, filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 06/22/2005) |
| 07/20/2005 | 6 | Memorandum in support of #8 motion to conduct expedited discovery filed by Plaintiff Jeff V Merkey. ((blk, ) Modified on 7/28/2005: Motion was thought to not have been filed, however it was filed and docketed after docketing the memo in support(blk, ). (Entered: 07/27/2005) |
| 07/20/2005 | 7 | AMENDED COMPLAINT against Jeff Causey, Al Petrofsky, Brandon Suit, John Sage, Mrbuttle, Pamela Jones, Grendel, Matt Merkey with Jury Demand, filed by Jeff V Merkey.(blk, ) (Entered: 07/27/2005) |
| 07/20/2005 | 8 | EX-PARTE MOTION to Expedite Discovery filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 07/28/2005) |
| 07/21/2005 | 5 | ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters.. Signed by Judge Dale A. Kimball on 07/21/05. (abr, ) (Entered: 07/21/2005) |
| 08/03/2005 | 9 | NOTICE OF HEARING ON MOTION re: 8 MOTION to Expedite Discovery: Motion Hearing set for 8/17/2005 11:30 A.M. in Room 248 before Magistrate Judge Samuel Alba. (cas) (Entered: 08/03/2005) |
| 08/09/2005 | 10 | MEMORANDUM in Opposition re 8 MOTION to Expedite Discovery filed by Defendant Al Petrofsky. (blk, ) (Entered: 08/10/2005) |
| 08/12/2005 | 11 | REPLY to Response to Motion re 8 MOTION to Expedite Discovery filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 08/16/2005) |
| 08/15/2005 | 12 | MOTION for Leave to File Amicus Curiae Brief in opposition to Plaintiffs Ex Parte Motion to Conduct Expedited Discovery filed by Movants Electronic Frontier Foundation, American Civil Liberties Union of Utah Foundation. (blk, ) (Entered: 08/16/2005) |
| 08/15/2005 | 13 | NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Kurt Opsahl, Matt Zimmerman, and Corynne McSherry, for Movant Electronic Frontier Foundation (blk, ) Additional attachment(s) added on 8/16/2005 (blk, ). (Entered: 08/16/2005) |
| 08/16/2005 | 14 | Modification of Docket: Error: Document image did not successfully attach to docket #13. Correction: Attached document image to dockt #13 and to this event for viewing. re 13 Notice PHV Requirements. (blk, ) (Entered: 08/16/2005) |
| 08/16/2005 | 15 | MEMORANDUM in Opposition re 12 MOTION for Leave to File Amicus Curiae Brief in opposition to Plaintiffs Ex Partef Motion to Conduct Expedited Discovery filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 08/16/2005) |
| 08/16/2005 | 16 | NOTICE of Voluntary Dismissal of Grendel, Pagansavage.com, John Sage, Finchhaven.com, Matt Merkey, Brandon Suit, Merkey.Net filed by Plaintiff Jeff V Merkey (blk, ) (Entered: 08/16/2005) |
| 08/17/2005 | 17 | ORDER granting 12 Motion for Leave to File Amicus Curiae Brief by Electronic Frontier Foundation and the American Civil Liberties Union of Utah re: Plas Ex Parte Motion to Conduct Expedited Discovery. Signed by Judge Samuel Alba on 8/16/05. (blk, ) (Entered: 08/17/2005) |
| 08/17/2005 | 18 | Amicus Curiae BRIEF in opposition to 8 MOTION to Expedite Discovery filed by Amicus Parties Electronic Frontier Foundation, American Civil Liberties Union of Utah Foundation. (blk, ) (Entered: 08/18/2005) |
| 08/17/2005 | 20 | Minute Entry for proceedings held before Judge Samuel Alba: The plaintiff was present, pro se. The Court noted the filings in the case to date. The Court addressed issues with regard to service of process upon the defendants and inquired as to what efforts have been made by the plaintiff. The Plaintiff made arguments to the Court in support of his Motion for Expedited Discovery. The Court requires additional information of the plaintiff and directs that such be filed in the form of an affidavit with exhibits filed in support thereof. The plaintiff's affidavit is to be filed with the Court no later than 8/23/05.Motion Hearing held on 8/17/2005 re 8 MOTION to Expedite Discovery filed by Jeff V Merkey,. (Court Reporter Laura Robinson.) (tsh, ) (Entered: 08/22/2005) |
| 08/18/2005 | Judge Samuel Alba no longer assigned to case under (b)(1)(A). New order of reference to be docketed under (b)(1)(B). (ce, ) (Entered: 08/18/2005) | |
| 08/18/2005 | 19 | ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters.. Signed by Judge Dale A. Kimball on 08/18/05. (abr, ) (Entered: 08/18/2005) |
| 08/18/2005 | 21 | MOTION/ORDER granting motion for Admission Pro Hac Vice for of Matthew J. Zimmerman for Electronic Frontier Foundation. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 8/18/05. (blk, ) (Entered: 08/22/2005) |
| 08/18/2005 | 22 | MOTION/ORDER granting motion for Admission Pro Hac Vice for of Corynne McSherry for Electronic Frontier Foundation. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 8/18/05. (blk, ) (Entered: 08/22/2005) |
| 08/18/2005 | 23 | MOTION/ORDER granting motion for Admission Pro Hac Vice for of Kurt B. Opsahl for Electronic Frontier Foundation. Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 8/18/05. (blk, ) (Entered: 08/22/2005) |
| 08/23/2005 | 24 | 2nd AMENDED COMPLAINT against Mrbuttle, Jeff Causey, Al Petrofsky, Pamela Jones with Jury Demand, filed by Jeff V Merkey.(blk, ) (Entered: 08/25/2005) |
| 08/23/2005 | 25 | AFFIDAVIT of Jeffrey Vernon Merkey in Support re 8 MOTION to Expedite Discovery filed by Plaintiff Jeff V Merkey. (Attachments: # 1 Second half of document)(blk, ) (Entered: 08/25/2005) |
| 08/23/2005 | 26 | 2nd NOTICE of Voluntary Dismissal of dft atul666 and dft saltydogmn filed by Plaintiff Jeff V Merkey (blk, ) Modified on 8/25/2005 (blk, ). (Entered: 08/25/2005) |
| 09/12/2005 | 27 | 3rd NOTICE of Voluntary Dismissal of mrbuttle, Jeff Causey, IP-Wars.net filed by Plaintiff Jeff V Merkey (blk, ) (Entered: 09/14/2005) |
| 09/27/2005 | 28 | NOTICE of Final Dismissal of Pamela Jones and Al Petrofsky filed by Plaintiff Jeff V Merkey (kvs, ) (Entered: 09/28/2005) |
| 09/27/2005 | 29 | ORDER re 28 Notice of Voluntary Dismissal filed by Jeff V Merkey . Signed by Judge Dale A. Kimball on 9/27/05. (kvs, ) (Entered: 09/28/2005) |
| 10/21/2005 | 30 | MOTION for Order to Show Cause filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/24/2005) |
| 10/21/2005 | 31 | NOTICE of Court Order to Jimmy Wales and Wikimedia Foundation and Wikipedia by Jeff V Merkey (blk, ) (Entered: 10/24/2005) |
| 10/21/2005 | 33 | MEMORANDUM in Support re 30 MOTION for Order to Show Cause filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/27/2005) |
| 10/24/2005 | 32 | MOTION to Reopen Case for Enforcement Proceedings filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/27/2005) |
| 10/25/2005 | 35 | AFFIDAVIT of Jeffrey Vernon Merkey in Support re 30 MOTION for Order to Show Cause filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/28/2005) |
| 10/27/2005 | 34 | ORDER granting 32 Motion to Reopen Case for Enforcement Proceedings and reinstating the prior referral to Magistrate Judge Alba per 28 USC 636(b)(1)(B). . Signed by Judge Dale A. Kimball on 10/27/05. (blk, ) (Entered: 10/27/2005) |
| 10/31/2005 | 36 | NOTICE of Service to Jimmy Wales and Wikimedia Foundation and Wikipedia by Jeff V Merkey (blk, ) (Entered: 11/04/2005) |
| 11/28/2005 | 37 | ORDER . Signed by Judge Samuel Alba on 11/28/05. (cas) (Entered: 11/28/2005) |
| 12/15/2005 | 38 | DOCUMENTS LODGED consisting of Proof of service re: summons, second amended complaint. This document is lodged as there is no summons issued by the court attached. (ce, ) (Entered: 12/19/2005) |
| 12/20/2005 | 39 | **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Jeff V Merkey as to Al Petrofsky served on 12/8/2005, answer due 12/28/2005. (ce, ) (Entered: 12/21/2005) |
| 01/23/2006 | 40 | MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky, Request to submit for decision on Order to Show Cause, MOTION to Amend/Correct 1 Complaint, filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 01/24/2006) |
| 02/23/2006 | Judge Paul M. Warner added. Judge Samuel Alba no longer assigned to case. (cas) (Entered: 02/23/2006) | |
| 02/23/2006 | 41 | MOTIONS 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, 30 MOTION for Order to Show Cause REFERRED to Judge Paul Warner. (cas) (Entered: 02/23/2006) |
| 06/30/2006 | 42 | REPORT AND RECOMMENDATIONS re 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, filed by Jeff V Merkey, 30 MOTION for Order to Show Cause filed by Jeff V Merkey. Objections to R&R due by 7/17/2006. Signed by Judge Paul M. Warner on 6/30/2006. (srs, ) (Entered: 06/30/2006) |
| 07/25/2006 | 43 | OBJECTION to 42 Report and Recommendations and to Order Granting Motion to Amend Complaint filed by Defendant Al Petrofsky. (blk, ) Modified on 7/25/2006 by adding docket text. (Entered: 07/25/2006) |
| 07/28/2006 | 44 | RESPONSE re 43 Objection to Report and Recommendations, filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 07/31/2006) |
| 08/09/2006 | 45 | Reply in Support re 43 Objection to Report and Recommendations and Order Granting Motion to Amend Complaint filed by Defendant Al Petrofsky. (blk, ) (Entered: 08/09/2006) |
| 09/21/2006 | 46 | ORDER Modifying Report & Recommendation. Case Closed with each party to bear his own fees and costs. Re 42 REPORT AND RECOMMENDATIONS re 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, filed by Jeff V Merkey,, 30 MOTION for Order to Show Cause filed by Jeff V Merkey,., 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, filed by Jeff V Merkey,, 30 MOTION for Order to Show Cause filed by Jeff V Merkey, . Signed by Judge Dale A. Kimball on 9/21/06. (blk, ) (Entered: 09/21/2006) |
| 09/21/2006 | Case no longer referred to Paul M. Warner. (blk, ) (Entered: 09/21/2006) |