Prince v. Gearbox Software, LLC et al
| Robert C Prince |
| Valve Corporation, Randy Pitchford and Gearbox Publishing, LLC |
| Gearbox Software, LLC |
| Apogee Software, Ltd., Scott Miller, George Broussard and Action Entertainment, Inc. |
| 3:2019cv00380 |
| September 27, 2019 |
| U.S. District Court for the Eastern District of Tennessee |
| H Bruce Guyton |
| Harry S Mattice |
| Jon P McCalla |
| Copyright |
| 17 U.S.C. § 101 |
| Both |
Docket Report
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This docket was last retrieved on August 5, 2020. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 66 MOTION to Compel Defendants Gearbox Software, L.L.C. and Gearbox Publishing, LLC by Robert C Prince. (Attachments: #1 Exhibit 1 - 2020.06.08 - Gearbox's Answers to P's 1st ROGS RFP RFA, #2 Exhibit 2 - 2020.06.26 - TGH to Henry and Boyd, #3 Exhibit 3 - 2020.07.10 - B. Henry to Tim Harvey re Discovery, #4 Exhibit 4 - 2020.07.13 - Email from K. Barger to L. Sanderson, #5 Exhibit 5 - 2020.07.29 - Email from K. Barger to L. Sanderson, #6 Exhibit 6 - 2020.08.03 - Email from K. Barger to B. Henry)(Barger, Keane) |
| Filing 65 MOTION to Compel Defendant Randy Pitchford by Robert C Prince. (Attachments: #1 Exhibit 1 - 2020.06.08 - Pitchford's Resp to P's ROGS RFP & RFA, #2 Exhibit 2 - 2020.06.26 - TGH to Henry and Boyd, #3 Exhibit 3 - 2020.07.10 - B. Henry to Tim Harvey re Discovery, #4 Exhibit 4 - 2020.07.30 - Ltr to Tim Harvey re Pitchford Discovery, #5 Exhibit 5 - 2020.08.03 - Email from K. Barger to B. Henry)(Barger, Keane) |
| Filing 64 ANSWER to #55 Defendant Gearbox Software, L.L.C.'s First Amended Third-Party Complaint, CROSSCLAIM against Robert C Prince, and COUNTERCLAIM against Gearbox Software, LLC by George Broussard, Scott Miller, Action Entertainment, Inc., Apogee Software, Ltd. (Nelson, Jonathan) Modified text on 7/30/2020 (AYB). |
| Filing 63 Certificate of Corporate Interest by Action Entertainment, Inc., Apogee Software, Ltd.. (Nelson, Jonathan) |
Filing 62
SECOND AMENDED SCHEDULING ORDER; ORDER DENYING MOTION TO DISMISS WITHOUT PREJUDICE.Signed by District Judge Jon P McCalla on 7/23/20. (AAC)
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| Minute Entry for proceedings held before District Judge Jon P McCalla: Scheduling Conference held on 7/23/2020. Telephonic Scheduling Conference held before Judge Jon Phipps McCalla on 7/23/2020. Keane Barger appeared for the Plaintiff. Bryon Henry, Leslie Sanderson, Martha Boyd, Gavin Skok, George Schultz, Jonathan Nelson, and Russell Stair appeared for the Defendants. Court heard final arguments on Pitchford's Motion to Dismiss (ECF No. 14) on the grounds of personal jurisdiction. Court will deny the motion at this time. Motion to Dismiss as to Mr. Pitchford may be renewed after further additional discovery. Court reviewed asserted facts in the case. Court conducted discussions as to the need for schedule amendments since addition of third-party defendants. Schedule amendments made except as to the trial date, pretrial conference, and pretrial order, which remain unchanged. An Amended Scheduling Order will be entered. (Court Reporter Korian Neal, Alpha Reporting) (KMK) |
| Filing 61 Notice of Attorney John M Scannapieco Withdrawal. (Boyd, Martha) Modified text on 7/16/2020 (AYB). |
| Filing 60 NOTICE of Hearing: Telephonic Scheduling Conference reset from 7/20/2020 to 7/23/2020 at 9:30 AM CT / 10:30 AM ET before District Judge Jon P McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. PLEASE REVIEW THE ATTACHED INSTRUCTIONS.(KMK) |
| Filing 59 NOTICE of Hearing: Telephonic Scheduling Conference set for 7/20/2020 at 2:00 PM CT / 3:00 PM ET before District Judge Jon P McCalla. To access the telephonic conference parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time. PLEASE REVIEW THE ATTACHED INSTRUCTIONS.(KMK) |
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Filing 58
ORDER SETTING SCHEDULING CONFERENCE. Signed by District Judge Jon P McCalla on 7/9/20. (AAC)
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Filing 57
AMENDED SCHEDULING ORDER. Signed by District Judge Jon P McCalla on 7/9/20. (AAC)
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| Filing 56 NOTICE of Appearance by Jonathan E Nelson on behalf of Action Entertainment, Inc., Apogee Software, Ltd., George Broussard, Scott Miller (Nelson, Jonathan) |
| Filing 55 FIRST AMENDED THIRD-PARTY COMPLAINT against Action Entertainment, Inc., Apogee Software, Ltd., George Broussard, Scott Miller., filed by Gearbox Software, LLC.(Henry, Byron) Modified text on 7/8/2020 (ABF). |
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Filing 54
ORDER granting #53 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by District Judge Jon P McCalla on 7/7/20. *TEXT ORDER ONLY* (AAC)
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| Clerk's Verification of PHV Requirements is complete regarding document: #53 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4402896.) filed by Apogee Software, Ltd., George Broussard, Action Entertainment, Inc., Scott Miller (ABF) |
| Filing 53 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4402896.) by Action Entertainment, Inc., Apogee Software, Ltd., George Broussard, Scott Miller. (Stair, Russell) |
| Filing 52 STIPULATION re #42 Third Party Complaint, of Extension of Time to Respond to Third-Party Complaint by Action Entertainment, Inc., Apogee Software, Ltd., George Broussard, Scott Miller. (Stair, Russell) |
| Filing 51 CERTIFICATE OF SERVICE by Gearbox Software, LLC Proof of Service (Miller) (Sanderson, Leslie) |
| Filing 50 CERTIFICATE OF SERVICE by Gearbox Software, LLC Proof of Service (Broussard) (Sanderson, Leslie) |
| Filing 49 CERTIFICATE OF SERVICE by Gearbox Software, LLC Proof of Service (Apogee) (Sanderson, Leslie) |
| Filing 48 CERTIFICATE OF SERVICE by Gearbox Software, LLC Proof of Service (Action Entertainment) (Sanderson, Leslie) |
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Filing 47
ORDER granting #45 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by District Judge Jon P McCalla on 6/29/20. (AAC)
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Filing 46
ORDER granting #44 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by District Judge Jon P McCalla on 6/29/20. (AAC)
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| Clerk's Verification of PHV Requirements is complete regarding document: #44 MOTION for Leave to Appear Pro Hac Vice for Gavin W. Skok ( Filing fee $ 90 receipt number BTNEDC-4388023.) filed by Valve Corporation, #45 MOTION for Leave to Appear Pro Hac Vice for Laura Hansen ( Filing fee $ 90 receipt number ATNEDC-4388030.) filed by Valve Corporation (ABF) |
| Filing 45 MOTION for Leave to Appear Pro Hac Vice for Laura Hansen ( Filing fee $ 90 receipt number ATNEDC-4388030.) by Valve Corporation. (Boyd, Martha) |
| Filing 44 MOTION for Leave to Appear Pro Hac Vice for Gavin W. Skok ( Filing fee $ 90 receipt number BTNEDC-4388023.) by Valve Corporation. (Boyd, Martha) |
| Filing 43 Third-Party Summons Issued as to Action Entertainment, Inc., Apogee Software, Ltd., George Broussard, Scott Miller. (Attachments: #1 Summons Action Entertainment, #2 Summons Scott Miller, #3 Summons George Broussard)(ABF) |
| Filing 42 THIRD PARTY COMPLAINT against Apogee Software, Ltd., Action Entertainment, Inc., Scott Miller, George Broussard, filed by Gearbox Software, LLC. (Attachments: #1 Summons Apogee Software, Ltd., #2 Summons Action Entertainment, Inc., #3 Summons Scott Miller, #4 Summons George Broussard)(Henry, Byron) |
| Filing 41 NOTICE of Hearing: Jury Trial is ADVANCED from 8/31/2021 to 4/26/2021 at 9:30 AM ET in Knoxville before District Judge Jon P McCalla. Pretrial Conference set for 4/16/2021 at 9:30 AM CT/10:30 AM ET in Knoxville before District Judge Jon P McCalla. A PRETRIAL ORDER must be furnished to the Court by 4:30 P.M. (ET) on APRIL 7, 2021. Please see attached instructions.(KMK) |
| Filing 40 Minute Entry for proceedings held before District Judge Jon P McCalla: Telephonic Status/Scheduling Conference held on 5/26/2020. Keane Barger and Tim Barger appeared for the Plaintiff. Byron K. Henry, Leslie Sanderson, and Martha Boyd appeared for the Defendant. Byron Henry, Leslie Sanderson, and Martha Boyd appeared for the Defendant. This case arises out of an alleged copyright infringement. Court heard briefly arguments related to Motion to Dismiss #14 filed on 2/10/2020. Motion is under advisement. Current schedule reviewed. Court amended the schedule. The Jury Trial is advanced to Monday, 4/26/2021 at 9:30 AM before Judge Jon Phipps McCalla. The Pretrial Conference is advanced to Friday, 4/16/2021 at 9:30 AM before Judge Jon Phipps McCalla. Proposed Joint Pretrial Order is due by 4:30 PM (ET) on 4/7/2021. An Amended Scheduling Order will be entered. (Court Reporter Traci Walker with the WD/TN) (KMK) Modified on 5/26/2020 (KMK): This is a text only entry. No PDF attached. |
| Filing 39 NOTICE of Hearing: Telephonic Scheduling Conference set for 5/26/2020 at 2:15 PM CT / 3:15 PM ET before District Judge Jon P McCalla. To access the telephonic conference, parties will dial 888-675-2535 and enter access code 7360481. Please call at least 5 minutes in advance of the conference time.(KMK) |
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Filing 38
ORDER REASSIGNING CASE. District Judge R Leon Jordan no longer assigned to case. Case reassigned to District Judge Jon P McCalla for all further proceedings. Signed by District Judge Pamela L Reeves on 4/28/2020. (KMK)
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| Filing 37 NOTICE OF NONCONSENT (JOINT) by Robert C Prince (Harvey, Timothy) |
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Filing 36
AGREED PROTECTIVE ORDER. Signed by District Judge R Leon Jordan on 3/18/20. (ABF)
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| Filing 35 Proposed MOTION for Protective Order Agreed Confidentiality & Protective Order by Gearbox Software, LLC. (Sanderson, Leslie) Modified event on 3/17/2020 (JBR). |
| Filing 34 Joint MOTION for Protective Order by Gearbox Publishing, LLC. (Sanderson, Leslie) |
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Filing 33
ORDER REASSIGNING CASE. District Judge Harry S Mattice, Jr no longer assigned to case. Case reassigned to District Judge R Leon Jordan for all further proceedings. Signed by District Judge Pamela L Reeves on 3/10/20. (CNC)
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Filing 32
SCHEDULING ORDER: Jury Trial set for 8/31/2021 09:00 AM in Courtroom 3 - Chattanooga before District Judge. Final Pretrial Conference set for 8/16/2021 04:00 PM in Courtroom 3 - Chattanooga before District Judge.Signed by District Judge Harry S Mattice, Jr on 3/4/2020. (AWS)
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| Filing 31 REPORT of Rule 26(f) Planning Meeting. (Harvey, Timothy) |
| Filing 30 REPLY to Response to Motion re #14 MOTION to Dismiss (Defendant Randy Pitchford's Motion to Dismiss for Lack of Personal Jurisdiction) Reply in Support of Motion to Dismiss filed by Randy Pitchford. (Sanderson, Leslie) |
| Filing 29 AFFIDAVIT in Opposition re #14 MOTION to Dismiss (Defendant Randy Pitchford's Motion to Dismiss for Lack of Personal Jurisdiction) (Bobby Prince) filed by Robert C Prince. (Attachments: #1 Exhibit 1 - Email dated 2016-10-06-1, #2 Exhibit 2 - Email dated 2016-10-07-1., #3 Exhibit 3 - Email dated 2016-10-07-2, #4 Exhibit 4 - Email dated 2016-10-22, #5 Exhibit 5 - Email dated 2016-10-24, #6 Exhibit 6 - Email dated 2016-11-01, #7 Exhibit 7 - Email dated 2017-01-26-1, #8 Exhibit 8 - Email dated 2017-03-08, #9 Exhibit 9 - Email dated 2017-03-08-2, #10 Exhibit 10 - Email dated 2017-09-26, #11 Exhibit 11 - Email dated 2017-09-27, #12 Exhibit 12 - Email dated 2017-09-29, #13 Exhibit 13 - Gearbox Software, L.L.C. Public Information Report, #14 Exhibit 14 - Gearbox Publishing, LLC Public Information Report, #15 Exhibit 15 - GameStop Screenshot, #16 Exhibit 16 - GameStop Screenshot, #17 Exhibit 17 - Duval Magic 1, #18 Exhibit 18 - Duval Magic 2, #19 Exhibit 19 - Gearbox Software Screenshot, #20 Exhibit 20 - dukenukem.com Screenshot, #21 Exhibit 21 - Gearbox Publishing Press Release., #22 Exhibit 22 - Facebook Screenshot, #23 Exhibit 23 - Twitter Screenshot, #24 Exhibit 24 - gameinformer Screenshot)(Harvey, Timothy) |
| Filing 28 RESPONSE in Opposition re #14 MOTION to Dismiss (Defendant Randy Pitchford's Motion to Dismiss for Lack of Personal Jurisdiction) filed by Robert C Prince. (Harvey, Timothy) |
| Filing 27 Notice of Attorney Withdrawal (Defendants' Notice of Withdrawal of Counsel) Attorney Gary C Shockley terminated. (Boyd, Martha) |
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Filing 26
ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #24 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge H. Bruce Guyton on 2/18/2020. (This entry constitutes the complete Order of the Court). (AGA) Modified to reflect copy mailed to Byron Henry and Leslie Sanderson on 2/20/2020 (JBR).
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| Filing 25 PDF Removed - Document entered in the wrong case (KMK) Modified on 2/18/2020 (KMK). |
| Clerk's Verification of PHV Requirements is complete regarding document: #23 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4234337.) filed by Randy Pitchford, Gearbox Publishing, LLC, Gearbox Software, LLC, Valve Corporation - and - #24 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4234340.) filed by Randy Pitchford, Gearbox Publishing, LLC, Gearbox Software, LLC, Valve Corporation (KMK) |
| Filing 24 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4234340.) by Gearbox Publishing, LLC, Gearbox Software, LLC, Randy Pitchford, Valve Corporation. (Attachments: #1 Other Certificate of Good Standing for Byron Henry)(Boyd, Martha) |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number ATNEDC-4234337.) by Gearbox Publishing, LLC, Gearbox Software, LLC, Randy Pitchford, Valve Corporation. (Attachments: #1 Other Certificate of Good Standing for Leslie Sanderson)(Boyd, Martha) |
| Filing 22 Certificate of Corporate Interest by Valve Corporation. (Boyd, Martha) |
| Filing 21 Certificate of Corporate Interest by Gearbox Software, LLC identifying Corporate Parent The Gearbox Entertainment Company, Inc. for Gearbox Software, LLC. (Boyd, Martha) |
| Filing 20 Certificate of Corporate Interest by Gearbox Publishing, LLC identifying Corporate Parent The Gearbox Entertainment Company, Inc. for Gearbox Publishing, LLC. (Boyd, Martha) |
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Filing 19
Order Governing Sealing Confidential Information. Signed by District Judge Harry S Mattice, Jr on February 11, 2020. (AYB)
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Filing 18
Order Governing Motions To Dismiss. Signed by District Judge Harry S Mattice, Jr on February 11, 2020. (AYB)
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Filing 17
Order Governing Depositions. Signed by District Judge Harry S Mattice, Jr on February 11, 2020. (AYB)
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Filing 16
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Harry S Mattice, Jr on February 11, 2020. (Attachments: #1 Other Notice of Consent/Non-consent) (AYB)
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Filing 15
ORDER Signed by District Judge Harry S Mattice, Jr on February 11, 2020. (KLW)
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| NOTICE OF FAILURE TO FILE Certificate of Corporate Interest as required by FRCP 7.1 by Gearbox Publishing, LLC, Gearbox Software, LLC, Valve Corporation. (AYB) |
| Filing 14 MOTION to Dismiss (Defendant Randy Pitchford's Motion to Dismiss for Lack of Personal Jurisdiction) by Randy Pitchford. (Attachments: #1 Exhibit A - Declaration of Randy Pitchford)(Shockley, Gary) |
| Filing 13 Original ANSWER to #1 Complaint, (Original Answer of Defendants Gearbox Software, L.L.C., Gearbox Publishing, L.L.C., and Valve Corporation) by Gearbox Publishing, LLC, Gearbox Software, LLC, Valve Corporation.(Shockley, Gary) |
| Filing 12 SUMMONS Returned Executed by Robert C Prince. Valve Corporation served on 1/21/2020. (ABF) |
| Filing 11 SUMMONS Returned Executed by Robert C Prince. Randy Pitchford served on 1/17/2020. (ABF) |
| Filing 10 SUMMONS Returned Executed by Robert C Prince. Gearbox Software, LLC served on 1/17/2020. (ABF) |
| Filing 9 SUMMONS Returned Executed by Robert C Prince. Gearbox Publishing, LLC served on 1/17/2020. (ABF) |
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Filing 8
ORDER granting #7 Motion to Extend Time to Serve Summonses. The United States Marshals Office SHALL serve Defendants on or before January 24, 2020. Counsel for Plaintiff shall provide the United States Marshals Office with a copy of this Order. Signed by Magistrate Judge H Bruce Guyton on 1/06/2020. (KMK)
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| Filing 7 MOTION to Extend Time to Serve Summonses by Robert C Prince. (Harvey, Timothy) |
| Filing 6 NOTICE re IFP Service (ABF) |
| Filing 5 Summons Issued as to Gearbox Publishing, LLC, Gearbox Software, LLC, Randy Pitchford, Valve Corporation. (Attachments: #1 Summons Gearbox Software LLC, #2 Summons Randy Pitchford, #3 Summons Valve Corporation)(ABF) |
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Filing 4
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. IT IS ORDERED that the clerk issue summons and the United States Marshal, or the plaintiff, shall serve a copy of the complaint, summons, and this order upon all defendant(s) as directed by the plaintiff. If the United States Marshal provides the service, all costs of service shall be advanced by the United States. If the plaintiff provides his/her own service, the plaintiff will bear their own costs. Signed by Magistrate Judge H Bruce Guyton on 10/4/19. (ABF)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Robert C Prince. (Harvey, Timothy) |
| District Judge Harry S Mattice, Jr and Magistrate Judge H Bruce Guyton added. (ABF) |
| Filing 2 Administrative Notice to Counsel Timothy Harvey re #1 Complaint : Requirements due by 10/2/2019. Please use the Application to Proceed In Forma Pauperis (Non Prisoner) located under forms on our website. The application must be filed separately from the complaint as a "Motion to Proceed In Forma Pauperis" located under the motions category. Please correct and refile in order to process the complaint(ABF) |
| Filing 1 COMPLAINT against All Defendants, filed by Robert C Prince. (Attachments: #1 Summons Valve Corporation, #2 Summons Randy Pitchford, #3 Summons Gearbox Software, LLC, #4 Summons Gearbox Publishing, LLC, #5 Other Civil Cover Sheet, #6 Other Application to Proceed Without Prepaying Fees or Costs, #7 Other Report on the Filing or Determination of an Action or Appeal Regarding a Copyright)(Harvey, Timothy) |
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