CM/ECF - U.S.

District Court:utd

https://ecf.utd.uscourts.gov/cgi-bin/DktRpt.pl?353010106663172-L_1_0-1

CLOSED,COPYRIGHT

US District Court Electronic Case Filing System District of Utah (Central) CIVIL DOCKET FOR CASE #: 2:09-cv-00966-DB

Masterfile v. Gale et al Assigned to: Judge Dee Benson Demand: $900,000 Cause: 17:0501 Copyright Infringement Plaintiff Masterfile

Date Filed: 10/28/2009 Date Terminated: 07/19/2013 Jury Demand: None Nature of Suit: 820 Copyright Jurisdiction: Federal Question

represented by Aida Neimarlija 1749 OAK SPRINGS DR SALT LAKE CITY, UT 84108 (801)548-5428 Email: aidaneimarlija@yahoo.com TERMINATED: 02/18/2010 LEAD ATTORNEY ATTORNEY TO BE NOTICED Karmen Schmid BERRETT & HANNA LC 405 S MAIN STE 1050 KEN GARFF BLDG SALT LAKE CITY, UT 84111 (801) 531-7733 Email: kschmid@berrettandhanna.com TERMINATED: 02/06/2013 LEAD ATTORNEY ATTORNEY TO BE NOTICED Nicole A. Skolout BAKER & HOSTETLER LLP 555 S FLOWER ST STE 4200 LOS ANGELES, CA 90071 (310)442-8878 Email: nskolout@bakerlaw.com TERMINATED: 03/15/2011 LEAD ATTORNEY ATTORNEY TO BE NOTICED Wesley D. Felix SNELL & WILMER (UT)

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15 W SOUTH TEMPLE STE 1200 GATEWAY TOWER WEST SALT LAKE CITY, UT 84101 (801)257-1900 Email: wfelix@swlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Amber M. Mettler SNELL & WILMER (UT) 15 W SOUTH TEMPLE STE 1200 GATEWAY TOWER WEST SALT LAKE CITY, UT 84101 (801)257-1900 Email: amettler@swlaw.com ATTORNEY TO BE NOTICED V. Defendant Martin Gale doing business as The Gale Team represented by Andrew G. Deiss DEISS LAW PC 10 W 100 S STE 700 SALT LAKE CITY, UT 84101 (801)433-0226 Email: adeiss@deisslaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew H. Stone THIRD DISTRICT COURT 450 S STATE ST PO BOX 1860 SALT LAKE CITY, UT 84111-1860 Billie J. Siddoway SIDDOWAY LAW OFFICE PLLC PO BOX 704 DRIGGS, ID 83422 (208)354-0440 Email: billie.siddoway@gmail.com ATTORNEY TO BE NOTICED Defendant Laurie Gale doing business as represented by Andrew G. Deiss (See above for address)

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The Gale Team

LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew H. Stone (See above for address) Billie J. Siddoway (See above for address) ATTORNEY TO BE NOTICED

Defendant Gale Services doing business as The Gale Team represented by Andrew G. Deiss (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Andrew H. Stone (See above for address) Billie J. Siddoway (See above for address) ATTORNEY TO BE NOTICED

Date Filed 10/28/2009

Docket Text 1 COMPLAINT against Martin Gale, Laurie Gale, Gale Services (Filing fee $ 350, receipt number 4681033844) (Original file stamped and signed document permanently retained), filed by Masterfile. (Attachments: # 1 Complaint - part 2, # 2 Complaint - part 3, # 3 Civil Cover Sheet) Assigned to Judge Dee Benson (jlw) (Entered: 10/28/2009) 2 Report on the Filing of an action mailed to the Register of Copyrights Office. (Attachments: # 1 Complaint - part 1, # 2 Complaint - part 2, # 3 Complaint - part 3) (jlw) (Entered: 10/28/2009) 3 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Masterfile as to Laurie Gale served on 10/28/2009, answer due 11/17/2009. (Skolout, Nicole) (Entered: 10/28/2009) 4 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Masterfile as to Martin Gale served on 10/28/2009, answer due 11/17/2009. (Skolout, Nicole) (Entered: 10/28/2009) 5 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Masterfile as to Gale Services served on 10/28/2009, answer due 11/17/2009. (Skolout, Nicole) (Entered: 10/28/2009) 6 ANSWER to 1 Complaint, filed by Martin Gale, Laurie Gale, Gale Services.(Deiss, Andrew) (Entered: 11/19/2009)

10/28/2009

10/28/2009

10/28/2009

10/28/2009

11/19/2009

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11/19/2009 11/19/2009 12/02/2009 12/02/2009

7 NOTICE of Appearance by Andrew H. Stone on behalf of all defendants (Stone, Andrew) (Entered: 11/19/2009) 8 NOTICE of Appearance by Billie J. Siddoway on behalf of all defendants (Siddoway, Billie) (Entered: 11/19/2009) 9 NOTICE OF ADR, e-mailed or mailed to Plaintiff Masterfile, Defendants Martin Gale, Laurie Gale, Gale Services. (rlr) (Entered: 12/02/2009) 10 NOTICE FROM THE COURT re: Initial Scheduling The court's IPT Clerk will now set the case for the Initial Pretrial Scheduling Conference (rlr) (Entered: 12/02/2009) 11 NOTICE OF INITIAL PRETRIAL CONFERENCE: (Notice generated by Theresa Brown) The Attorneys Planning Meeting Report and Proposed Scheduling Order forms, available on the court web site at http://www.utd.uscourts.gov/documents /formpage.html, should be prepared 30 days before the Initial Pretrial Conference hearing date. NOTICE TO COUNSEL, The Court may enter a scheduling order and vacate the hearing if counsel (a) file a stipulated Attorneys Planning Meeting Report; and (b) e-mail a Proposed Scheduling Order to ipt@utd.uscourts.gov 30 days before the scheduled hearing. See instructions at http://www.utd.uscourts.gov/documents/ipt.html Initial Pretrial Conference set for 2/17/2010 10:30 AM in Room 477 before Magistrate Judge David Nuffer. (tab) (Entered: 12/08/2009)

12/08/2009

01/11/2010 01/19/2010

12 REPORT OF ATTORNEY PLANNING MEETING. (Skolout, Nicole) (Entered: 01/11/2010) 13 SCHEDULING ORDER: Initial Pretrial Conference Set for 2/17/2010 at 10:30 AM vacated. Amended Pleadings due by 3/12/2010. Joinder of Parties due by 3/12/2010. Fact Discovery due by 5/28/2010. Expert Discovery due by 7/19/2010. Dispositive Motions due by 8/6/2010. Final Pretrial Conference set for 1/4/2011 02:30 PM in Room 246 before Judge Dee Benson. 3 day Bench Trial set to begin 1/18/2011 08:30 AM in Room 246 before Judge Dee Benson. See Order for more deadlines. Signed by Magistrate Judge David Nuffer on 1/18/2010. (rlr) (Entered: 01/19/2010) 14 MOTION to Withdraw as Attorney filed by Plaintiff Masterfile. (Attachments: # 1 Text of Proposed Order Withdraw as Counsel of Record)(Neimarlija, Aida) (Entered: 02/16/2010) 15 ORDER granting 14 Motion to Withdraw as Attorney. Attorney Aida Neimarlija withdrawn from case for Masterfile Corporation. Signed by Judge Dee Benson on 2/17/2010. (rlr) (Entered: 02/18/2010) 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim filed by Plaintiff Masterfile. (Skolout, Nicole) (Entered: 08/06/2010)

02/16/2010

02/18/2010

08/06/2010

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08/06/2010

17 MEMORANDUM in Support re 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim filed by Plaintiff Masterfile. (Attachments: # 1 Exhibit 1 Def Response First Set, # 2 Exhibit 2 Def Response Second Set)(Skolout, Nicole) (Entered: 08/06/2010) 18 DECLARATION of Steve Pigeon re 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim, 17 Memorandum in Support of Motion filed by Masterfile. (Attachments: # 1 Exhibit 1 Copyright Certificates, # 2 Exhibit 2 Screen shots 27 Images, # 3 Exhibit 3 Fax to US Copyright Ofc, # 4 Exhibit 4 Ltr to Wolff) (Skolout, Nicole) (Entered: 08/06/2010) 19 Defendant's MOTION for Summary Judgment filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Siddoway, Billie) (Entered: 08/06/2010) 20 Defendant's MEMORANDUM in Support re 19 Defendant's MOTION for Summary Judgment filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Siddoway, Billie) (Entered: 08/06/2010) 21 MEMORANDUM in Opposition re 19 Defendant's MOTION for Summary Judgment filed by Plaintiff Masterfile. (Attachments: # 1 Exhibit 1 Defendants' Response Discovery)(Skolout, Nicole) (Entered: 09/07/2010) 22 MEMORANDUM in Opposition re 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Siddoway, Billie) (Entered: 09/07/2010) 23 REPLY to Response to Motion re 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim filed by Plaintiff Masterfile. (Skolout, Nicole) (Entered: 09/24/2010) 24 DECLARATION of Nancy E. Wolff, Esq. re 18 Declaration, 21 Memorandum in Opposition to Motion, 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim, 17 Memorandum in Support of Motion, 23 Reply Memorandum/Reply to Response to Motion filed by Masterfile. (Attachments: # 1 Exhibit 1 Registration Article, # 2 Exhibit 2 PACA Article, # 3 Exhibit 3 February 2002 letter)(Skolout, Nicole) (Entered: 09/24/2010) 25 REPLY to Response to Motion re 19 Defendant's MOTION for Summary Judgment filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Attachments: # 1 Exhibit Exhibit A)(Siddoway, Billie) (Entered: 09/24/2010) 26 NOTICE OF HEARING ON MOTION re: 19 Defendant's MOTION for Summary Judgment, 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim : (Notice generated by chambers) Motion Hearing set for 12/9/2010 02:30 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 10/05/2010) 27 Proposed Exhibit List Defendants' Redacted Pretrial Disclosures by Defendants Laurie Gale, Martin Gale, Gale Services.. (Siddoway, Billie) (Entered: 12/03/2010)

08/06/2010

08/06/2010 08/06/2010

09/07/2010

09/07/2010

09/24/2010

09/24/2010

09/24/2010

10/05/2010

12/03/2010

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12/03/2010 12/03/2010 12/06/2010 12/06/2010 12/06/2010 12/06/2010 12/06/2010 12/06/2010

28 Proposed Witness List Defendants' Redacted Pretrial Disclosures by Laurie Gale, Martin Gale, Gale Services. (Siddoway, Billie) (Entered: 12/03/2010) 29 OBJECTIONS to Plaintiff's Evidence filed by Laurie Gale, Martin Gale, Gale Services. (Siddoway, Billie) (Entered: 12/03/2010) 30 Proposed Witness List by Masterfile. (Skolout, Nicole) (Entered: 12/06/2010) 31 Proposed Exhibit List by Plaintiff Masterfile.. (Skolout, Nicole) (Entered: 12/06/2010) 32 RESPONSE re 29 Objections, To Plaintiff's Evidence filed by Masterfile. (Skolout, Nicole) (Entered: 12/06/2010) 33 MOTION to Amend/Correct Scheduling Order filed by Plaintiff Masterfile. (Skolout, Nicole) (Entered: 12/06/2010) 34 MEMORANDUM in Support re 33 MOTION to Amend/Correct Scheduling Order filed by Plaintiff Masterfile. (Skolout, Nicole) (Entered: 12/06/2010) 35 MOTION to Expedite Briefing and Consideration of Motion to Amend Scheduling Order filed by Plaintiff Masterfile. (Attachments: # 1 Text of Proposed Order) (Skolout, Nicole) (Entered: 12/06/2010) 36 Minute Entry for proceedings held before Judge Dee Benson: Cnsl present. After arguments were heard and discussion held, Court gave counsel additional time to file additional briefing. Motion Hearing held on 12/9/2010 re 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim filed by Masterfile, 19 Defendant's MOTION for Summary Judgment filed by Laurie Gale, Martin Gale, Gale Services. Attorney for Plaintiff: Wesley D. Felix and Nichole A. Skolout, Attorney for Defendant: Billie Siddoway. Court Reporter: Ed Young. (reb) (Entered: 12/14/2010) 37 Supplemental MEMORANDUM in Support re 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim filed by Plaintiff Masterfile. (Skolout, Nicole) (Entered: 01/10/2011) 38 Supplemental BRIEF re 19 Defendant's MOTION for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Siddoway, Billie) (Entered: 01/10/2011) 39 Supplemental Response to BRIEF re 38 Brief re Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by Plaintiff Masterfile. (Skolout, Nicole) (Entered: 02/01/2011) 40 Second Supplemental BRIEF re 16 MOTION for Partial Summary Judgment On Copyright Infringement Claim, 19 Defendant's MOTION for Summary Judgment filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Siddoway, Billie) (Entered: 02/01/2011) 41 NOTICE OF HEARING: (Notice generated by CHAMBERS) Supplemental Hearing re: 16 Motion for Partial Summary Judgment & 19 Motion for Summary Judgment is set for 4/27/2011 02:30 PM in Room 246 before Judge Dee Benson.

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02/01/2011

02/01/2011

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(reb) (Entered: 03/14/2011) 03/14/2011 42 MOTION to Withdraw as Attorney filed by Plaintiff Masterfile. (Attachments: # 1 Text of Proposed Order Proposed Order Granting Motion for Withdrawl as Counsel of Record)(Skolout, Nicole) (Entered: 03/14/2011) 44 ORDER granting 42 Motion to Withdraw as Attorney. Attorney Nicole A. Skolout withdrawn from case for Plaintiff. Signed by Judge Dee Benson on 3/15/20011. (rlr) (Entered: 03/16/2011) 43 ***AMENDED****NOTICE OF HEARING: (Notice generated by chambers) Supplemental Hearing set for 5/20/2011 01:00 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 03/16/2011) 45 Minute Order. Proceedings held before Judge Dee Benson: Cnsl present. after arguments were heard and discussion held on the supplemental briefs, Court took under advisement 16 Motion for Partial Summary Judgment; taking under advisement 19 Motion for Summary Judgment. Court encouraged settlement with the parties. Supplemental Proceedings Hearing held on 5/20/2011. Attorney for Plaintiff: Wesley D. Felix and Nichole A. Skolout, Attorney for Defendant Billie Siddoway. Court Reporter: Ed Young. (reb) (Entered: 05/23/2011) 46 MEMORANDUM DECISION granting 16 Motion for Partial Summary Judgment; denying 19 Motion for Summary Judgment. Signed by Judge Dee Benson on 10/4/2011. (rlr) (Entered: 10/04/2011) 47 NOTICE of Notice of Substitution of Counsel by Masterfile (Schmid, Karmen) (Entered: 01/06/2012) 48 CLERK'S NOTICE OF POSSIBLE ERROR - Description of possible error: Filer e-filed document 47 as notice instead of substitution of counsel. Filer asked to refile document as substitution of counsel. (jlw) (Entered: 01/19/2012) 49 SUBSTITUTION OF COUNSEL Karmen Schmid replacing Wesley D. Felix as counsel on behalf of Masterfile. (Schmid, Karmen) (Entered: 01/19/2012) 50 NOTICE of Change of Address by Billie J. Siddoway (Siddoway, Billie) (Entered: 10/22/2012) 51 ORDER TO SHOW CAUSE- Plaintiffs are directed to respond in writing within 15 days from the date of this order and inform the Court of the status of the case and intentions to proceed. Failure to do so will result in dismissal of the case. Signed by Judge Dee Benson on 1/22/13. (jlw) (Entered: 01/24/2013) 52 SUBSTITUTION OF COUNSEL Wesley D. Felix replacing Karmen Schmid as counsel on behalf of Masterfile. (Felix, Wesley) (Entered: 02/06/2013) 53 NOTICE of Appearance by Amber M. Mettler on behalf of Masterfile (Mettler, Amber) (Entered: 02/07/2013) 54 RESPONSE TO ORDER TO SHOW CAUSE re 51 Order to Show Cause, filed by Masterfile. (Felix, Wesley) (Entered: 02/07/2013)

03/15/2011

03/16/2011

05/20/2011

10/04/2011

01/06/2012 01/19/2012

01/19/2012 10/22/2012 01/23/2013

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02/07/2013 03/28/2013

55 ORDER re 51 Order to Show Cause. Signed by Judge Dee Benson on 2/7/13. (jlw) (Entered: 02/08/2013) 56 NOTICE OF HEARING: (Notice generated by chambers) Status Conference set for 4/3/2013 11:30 AM in Room 246 before Judge Dee Benson. (reb) (Entered: 03/28/2013) 57 ***AMENDED***NOTICE OF HEARING: (Notice generated by chambers) Status Conference RESET FOR 4/9/2013 02:30 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 04/01/2013) 58 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support On Damages filed by Plaintiff Masterfile. (Attachments: # 1 Appendix Exhibits 1 3)(Mettler, Amber) (Entered: 04/02/2013) 59 Cross MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Attachments: # 1 Memorandum in Support of Cross Motion for Partial Summary Judgment, # 2 Appendix including Index, Declaration of Martin Gale, Declaration of Laurie Gale)(Siddoway, Billie) (Entered: 05/03/2013) 60 MEMORANDUM in Opposition re 58 Plaintiff's MOTION for Partial Summary Judgment On Damages filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Siddoway, Billie) (Entered: 05/03/2013) 61 REPLY to Response to Motion re 58 Plaintiff's MOTION for Partial Summary Judgment On Damages filed by Plaintiff Masterfile. (Attachments: # 1 Exhibit A Defendant's Responses to Discovery Requests)(Mettler, Amber) (Entered: 05/20/2013) 62 MEMORANDUM in Opposition re 59 Cross MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Masterfile. (Attachments: # 1 Exhibit A - Defendants' Responses to Discovery Requests)(Mettler, Amber) (Entered: 05/20/2013) 63 REPLY to Response to Motion re 59 Cross MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants Laurie Gale, Martin Gale, Gale Services. (Siddoway, Billie) (Entered: 06/06/2013) 64 NOTICE OF HEARING ON MOTION re: 58 Plaintiff's MOTION for Partial Summary Judgment On Damages, 59 Cross MOTION for Partial Summary Judgment and Memorandum in Support : (Notice generated by chambers) Motion Hearing set for 7/11/2013 02:30 PM in Room 246 before Judge Dee Benson. (reb) (Entered: 06/25/2013) 65 Minute Order. Proceedings held before Judge Dee Benson: Cnsl present. After arguments were heard and discussion held, Court took under advisement, 58 Motion for Partial Summary Judgment and 59 Motion for Partial Summary Judgment. Motion Hearing held on 7/11/2013. Attorney for Plaintiff: Amber Mettler, Attorney for Defendant Billie J. Siddoway. Court Reporter: Ed Young. (reb) (Entered: 07/12/2013)

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MEMORANDUM DECISION AND ORDER denying 58 Motion for Partial Summary Judgment; granting in part and denying in part 59 Motion for Partial Summary Judgment. Defendants are ordered to pay damages to the Plaintiff in the amount of $5,400.00, which represents $200.00 for each of the 27 copyright infringements. No attorneys fees are awarded. Signed by Judge Dee Benson on 7/15/13. (jlw) (Entered: 07/15/2013) 67 CLERK'S JUDGMENT: IT IS ORDERED AND ADJUDGED that judgment be entered in favor of of the plaintiff and against the defendant for damages in the amount of $5,400.00. No attorney fees are awarded. Case closed. Signed by LSY, Chief Deputy. (jlw) (Entered: 07/19/2013) 68 Report on the Final Decision of an action mailed to the Register of Copyrights Office. (jlw) (Entered: 07/19/2013) 69 SATISFACTION OF JUDGMENT entered In favor of Masterfile Against Laurie Gale, In favor of Masterfile Against Martin Gale, In favor of Masterfile Against Gale Services by Masterfile. (Mettler, Amber) (Entered: 08/14/2013)

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PACER Service Center

Transaction Receipt
11/26/2013 18:10:47 PACER Login: im0564 Description: Billable Pages: 7 Client Code: Cost: 0.70 Docket Report Search Criteria: 2:09-cv-00966-DB

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