Columbia Pictures Industries Inc v. Bunnell Doc.

420

1
Ira P. Rothken (SBN #160029)
2 ROTHKEN LAW FIRM LLP
3 Hamilton Landing, Suite 280
3
Novato, CA 94949
4 Telephone: (415) 924-4250
5
Facsimile: (415) 924-2905
6
Kirk J. Retz (#170208)
7 LAW OFFICES OF KIRK J. RETZ, APC
21535 Hawthorne Blvd., #200
8
Torrance, CA 90503
9 Telephone: (310) 540-9800
10
Facsimile: (310) 540-9881
Attorneys for Defendant VALENCE MEDIA LTD. 1,
11
UNITED STATES DISTRICT COURT
12
CENTRAL DISTRICT OF CALIFORNIA
13
COLUMBIA PICTURES INDUSTRIES, INC., ) Case No. 06-01093 FMC (JCx)
14
DISNEY ENTERPRISES, INC. PARAMOUNT )
15 PICTURES CORPORATION, TRISTAR ) NOTICE OF APPEAL TO THE
16
PICTURES, INC., TWENTIETH CENTURY ) UNITED STATES COURT OF
FOX FILM CORPORATION, WARNER BROS. ) APPEAL FOR THE NINTH
17 ENTERTAINMENT, INC., Delaware ) CIRCUIT
18 Corporation, UNIVERSAL CITY STUDIOS )
LLLP, and UNIVERSAL CITY STUDIOS )
19
PRODUCTIONS, LLLP, Delaware limited )
20 liability partnerships, )
21
Plaintiffs, )
)
22 vs. )
23 )
JUSTIN BUNNELL, FORREST PARKER, WES )
24
PARKER, individuals, VALENCE MEDIA, LLC, )
25 a limited liability company, and DOES 1-10, )
Defendants. )
26

27
1
Individual defendants Justin Bunnell, Wes Parker and Forrest Parker have filed for Bankruptcy, resulting in an
28 automatic stay as to the actions against them prior to Final Judgment. Accordingly, appeal as to their cases is not
ripe.
1
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT

Dockets.Justia.com
 1
Notice is hereby given that VALENCE MEDIA LTD.2, Defendant in the
2
above named case, hereby appeals to the United States Court of Appeals for the
3
Ninth Circuit from the AMENDED JUDGMENT AND PERMANENT
4
INJUNCTION (“Final Judgment”) entered on May 7, 2008 (Docket No. 410), and
5
all Orders giving rise to that Final Judgment, including but not limited to the
6
following:
7
05/27/2008, Docket No. 416 ORDER, by Judge Florence-Marie
8 Cooper, GRANTING PLAINTIFFS’ EX PARTE APPLICATION TO
CERTIFY JUDGMENT UNDER RULE 54(b)
9

10 05/05/2008, Docket No. 409 JUDGMENT AND PERMANENT

11
INJUNCTION by Judge Florence-Marie Cooper, in favor of
Plaintiffs, which was amended by Docket No. 410 above.
12

13 04/11/2008, Docket No. 352 ORDER, by Judge Florence-Marie

Cooper, DENYING EX PARTE APPLICATION FOR LEAVE TO
14
FILE A MEMORANDUM IN CONNECTION WITH DEFAULT
15 HEARING, Docket No. 348.
16
04/04/2008, Docket No. 346 TEMPORARY RESTRAINING
17 ORDER AND ORDER TO SHOW CAUSE RE PRELIMINARY
18 INJUNCTION TO PRESERVE ASSETS by Judge Florence-Marie
Cooper.
19

20 12/13/2007, Docket No. 325 ORDER, by Judge Florence-Marie

21
Cooper, GRANTING PLAINTIFFS' MOTION FOR
TERMINATING SANCTIONS.
22

23 05/10/2006, Docket No. 22 ORDER, by Judge Florence-Marie

Cooper, DENYING DEFENDANTS' MOTION TO DISMISS FOR
24
FAILURE TO STATE A CLAIM.
25
Defendant further appeals the discovery orders in this action, including, but
26

27
2
Individual defendants Justin Bunnell, Wes Parker and Forrest Parker have filed for Bankruptcy, resulting in an
28 automatic stay as to the actions against them prior to Final Judgment. Accordingly, appeal as to their cases is not
ripe. Valence Media, LTD was incorrectly sued as Valence Media, LLC.
2
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
 1
not limited to the following orders and pending orders regarding discovery and
2
attorneys’ fees:
3

4 10/31/2007, Docket No. 321 ORDER, by Judge Florence-Marie

Cooper, DENYING MOTION FOR REVIEW OF AUGUST 8, 2007
5
ORDER FOR SANCTIONS, Docket No. 240.
6

7
08/27/2007, Docket No. 255 ORDER, by Judge Florence-Marie
Cooper, DENYING EX PARTE APPLICATION FOR STAY OF
8
AUGUST 8, 2007 ORDER FOR SANCTIONS, Docket No. 240.
9
08/24/2007, Docket No. 254 ORDER, by Judge Florence-Marie
10
Cooper, DENYING DEFENDANTS MOTION FOR REVIEW OF
11 ORDER REGARDING SERVER LOG DATA, Docket No. 177.
12
08/20/2007, Docket No. 247 ORDER, by Magistrate Judge Jacqueline
13 Chooljian, DENYING DEFENDANTS' EX PARTE APPLICATION
14 FOR STAY OF ENFORCEMENT OF AUGUST 8, 2007 ORDER,
Docket No. 240, PENDING REVIEW.
15

16 08/08/2007, Docket No. 240 ORDER, by Magistrate Judge Jacqueline

17
Chooljian, (1) GRANTING PLAINTIFFS' EX PARTE
APPLICATION; (2) GRANTING PLAINTIFFS' REQUEST FOR
18 SANCTIONS, ATTORNEYS' FEES AND COSTS; (3) DENYING
19 DEFENDANTS' REQUEST FOR ATTORNEYS' FEES AND
COSTS; AND (4) CAUTIONING DEFENDANTS REGARDING
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POTENTIAL NON-MONETARY CONSEQUENCES OF
21 FURTHER VIOLATIONS OF DISCOVERY OBLIGATIONS AND
ORDERS.
22

23 07/27/2007, Docket No. 226 ORDER, by Magistrate Judge Jacqueline

24
Chooljian, GRANTING IN PART AND DENYING IN PART
PLAINTIFF'S EX PARTE APPLICATION FOR PROTECTIVE
25 ORDER.
26
07/19/2007, Docket No. 222 ORDER, by Magistrate Judge Jacqueline
27
Chooljian, GRANTING IN PART AND DENYING IN PART
28 MPAA'S EX PARTE APPLICATION FOR A PROTECTIVE
3
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
 1
ORDER REGARDING DEFENDANTS' SUBPOENA FOR
2 DEPOSITION OF THE MPAA, AND FOR ATTORNEY'S FEES
AND COSTS.
3

4 06/22/2007, Docket No. 179 ORDER, by Judge Florence-Marie

5
Cooper, AMENDING COURT'S ORDER FILED JUNE 21, 2007
(Docket No. 178). The Court hereby amends its ORDER DENYING
6
DEFENDANTS' MOTION FOR RECONSIDERATION (Docket No.
7 178) AS FOLLOWS ON THE FIRST PAGE: This matter is before
the Court on Defendants' Motion for Review and Reconsideration of
8
Certain Rulings of the Magistrate Judge on Defendants' Motion to
9 Compel Production of Documents Pursuant to Subpoena to the
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Motion Picture Association of America (MPAA), filed on April 10,
2007 May 30, 2007 (Docket No. 132, Docket No. 173). AND ON
11 PAGE 7: For the foregoing reasons, the Court hereby DENIES
12 Defendants' Motion For Review and Reconsideration (Docket No. 132
Docket No. 173).In all other aspects and particulars, the order is
13
unchanged. ***MINUTE ORDER NOT AVAILABLE ON
14 PACER****
15
06/21/2007, Docket No. 178 ORDER, by Judge Florence-Marie
16 Cooper, DENYING DEFENDANTS MOTION FOR REVIEW AND
17 RECONSIDERATION, Docket No. 132.
18
05/29/2007, Docket No. 177 ORDER, by Magistrate Judge Jacqueline
19 Chooljian, GRANTING IN PART AND DENYING IN PART
PLAINTIFFS MOTION TO REQUIRE DEFENDANTS TO
20
PRESERVE AND PRODUCE SERVER LOG DATA AND FOR
21 EVIDENTIARY SANCTIONS; AND DENYING DEFENDANTS
22
REQUEST FOR ATTORNEYS FEES AND COSTS.
23 05/15/2007, Docket No. 156 ORDER, by Magistrate Judge Jacqueline
24 Chooljian, DENYING IN PART AND GRANTING IN PART
DEFENDANTS’ MOTION TO COMPEL PRODUCTION.
25

26 05/03/2007, Docket No. 135 ORDER, by Magistrate Judge Jacqueline

27
Chooljian, (1) GRANTING PLAINTIFFS’ MOTION TO COMPEL
DOCUMENTS; (2) GRANTING PLAINTIFFS’ REQUEST FOR
28 DEFENDANTS’ REVIEW AND RE-DESIGNATION OF HIGHLY
4
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
 1
CONFIDENTIAL DOCUMENTS; (3) TENTATIVELY GRANTING
2 PLAINTIFFS’ REQUEST FOR REASONABLE EXPENSES AND
ATTORNEYS’ FEES AND SETTING DATE FOR DEFENDANTS
3
TO BE HEARD RE SAME; (4) DENYING DEFENDANTS’
4 REQUEST FOR REASONABLE EXPENSES AND ATTORNEYS’
5
FEES; AND (5) RE POTENTIAL NON-COMPLIANCE WITH
ORDER.
6

7 04/16/2007, Docket No. 118 ORDER, by Judge Florence-Marie

Cooper, DENYING DEFENDANTS' MOTION FOR REVIEW AND
8
RECONSIDERATION OF ORDER DENYING MOTION TO
9 COMPEL, Docket No. 85.
10
02/13/2007, Docket No. 85 ORDER, by Magistrate Judge Jacqueline
11 Chooljian, GRANTING IN PART, DENYING IN PART,
12 DEFENDANTS' MOTION TO COMPEL FURTHER RESPONSES
TO DEFENDANTS' REQUEST FOR PRODUCTION OF
13
DOCUMENTS, SET 2 AND DENYING DEFENDANTS' REQUEST
14 FOR SANCTIONS, Docket No. 69; GRANTING IN PART,
15
DENYING IN PART PLAINTIFFS' MOTION FOR PROTECTIVE
ORDER, Docket No. 52; AND DENYING PLAINTIFFS' REQUEST
16 TO DELAY RULING ON MOTIONS.
17

18 Dated: June 3, 2008 ROTHKEN LAW FIRM LLP

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______________________________
21
IRA P. ROTHKEN, ESQ.
22
KIRK J. RETZ, ESQ.
23
Law Offices of Kirk J. Retz, APC
24

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Attorneys for Defendant
Valence Media, Ltd.
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NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
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Defendant/Appellant Valence Media, Ltd. is represented by Ira P. Rothken,
2
Rothken Law Firm, LLP, 3 Hamilton Landing, Suite 280, Novato, CA 94949 and
3
Kirk J. Retz, Law Offices of Kirk J. Retz, APC, 21535 Hawthorne Boulevard Suite
4
200, Torrance, CA 90503. Accompanying this Notice of Appeal is a
5
Representation Statement identifying all counsel for the parties. (F.R.A.P. 12(b);
6
Circuit Rule 3-2(b).)
7
Dated: June 3, 2008 ROTHKEN LAW FIRM LLP
8

10
______________________________
11 IRA P. ROTHKEN, ESQ.
12
KIRK J. RETZ, ESQ.
13 Law Offices of Kirk J. Retz, APC
14
Attorneys for Defendant
15
Valence Media, Ltd.
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NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT
 1 PROOF OF SERVICE
2
I am over the age of 18 years, employed in the county of Marin, and not a party to the
3 within action; my business address is 3 Hamilton Landing, Suite 280, Novato, CA 94949.
4
On June 3, 2008, I served the within:
5
NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL
6 FOR THE NINTH CIRCUIT
7
By EMAIL and FEDEX on the person(s) or entities in that manner and address as follows:
8
VIA EMAIL AND FEDEX
9 Steven B Fabrizio
Katherine A Fallow
10
Duane Charles Pozza
11 Jenner and Block
1099 New York Avenue, N.W. Suite 900,
12 Washington, DC 20001-4412
Telephone: 202-639-6000
13
Facsimile: 202-639-6066
14 Email: sfabrizio@jenner.com
Email: kfallow@jenner.com
15 Email: dpozza@jenner.com
16
COUNSEL FOR PLAINTIFFS
17
VIA FEDEX VIA EMAIL AND FEDEX
18 Gregory Paul Goeckner Karen B. Thorland
19
Lauren T Nguyen Loeb and Loeb
Motion Picture Association of America 10100 Santa Monica Blvd, Ste 2200
20 15503 Ventura Blvd Los Angeles, CA 90067-4164
Encino, CA 91436 310-282-2000
21 818-995-6600 Email: kthorland@loeb.com
22
COUNSEL FOR PLAINTIFFS COUNSEL FOR PLAINTIFFS
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I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct. Executed on June 3, 2008.

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_________________________________
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NOTICE OF APPEAL TO THE UNITED STATES COURT OF APPEAL FOR THE NINTH CIRCUIT