Google Incorporated, et al v. Leo Stoller

Filing 11

Original record on appeal filed. Contents of record : 1 vol. electronic pleadings; 4 vol. paper loose pleadings; 4 vol. paper transcripts; [6177560-1] [09-3569]

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United States DistrictCourt NORTHERN DISTRICT OF ILLINOIS CHICAGO, ILLINOIS 60604 MICHAEL W. DOBBINS CLERK 312-435-5670 November 13, 2009 Mr. Gino J. Agnello, Clerk U.S. Court of Appeals-Seventh Circuit 219 South Dearborn Street-Room 2722 Chicago, Illinois 60604 RE: Stoller -v- Central Mfg. Inc., U.S.D.C. DOCKET NO. 07 cv 385 U.S.C.A. DOCKET NO. : 09 - 3569 Dear Mr. Agnello: Please find attached the original record on appeal consisting of the following: ELECTRONIC VOLUME(s) OF PLEADING(S): ELECTRONIC VOLUME(S) of TRANSCRIPTS: VOLUME(S) OF PLEADING(S) VOLUME(S) OF TRANSCRIPT(S) VAULT ITEMS: OTHER (SPECIFY): SPECIAL NOTE: Please acknowledge date of receipt of the above mentioned materials on the attached copy of this letter. Very truly yours, Michael W. Dobbins, Clerk By /s/ D. Jordan, Deputy Clerk 4 4 1 I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the documents submitted herewith and annexed hereto are the original papers filed and entered of record in my office, on the dates in the List of Documents, and together with a true copy of docket entries as they appear in the official dockets in this office, consisting of: 1 Volume of Pleadings (electronic) 4 Loose Pleadings 4 Transcripts In the cause entitled: Stoller -v- Central Mfg. Inc.. USDC NO. USCA NO. : 07 cv 385 : 09 3569 IN TESTIMONY WHEREOF, I hereunto subscribed my name and affixed the seal of the aforesaid Court at Chicago, Illinois, this 13th day of Nov. 2009. MICHAEL W. DOBBINS, CLERK By:/s/ D. Jordan, Deputy Clerk A TRUE COPY-ATTEST MICHAEL W. DOBBINS, CLERK By s/ D. JORDAN DEPUTY CLERK U.S. DISTRICT COURT, NORTHERN DISTRICT OF ILLINOIS DATE: NOVEMBER 13, 2009 United States District Court Northern District of Illinois 219 South Dearborn Street Chicago, Illinois 60604 I, MICHAEL W. DOBBINS, CLERK of the United States District Court for the Northern District of Illinois, do hereby certify to the United States Court of Appeals, for the Seventh Circuit, that the following is transmitted as part of the record on appeal in the cause entitled: USDC No.: 07 cv 385 USCA No.: 09 - 3569 FILED DATE 3/21/07 4/12/07 9/14/09 9/14/09 9/30/09 9/30/09 ITEM NO. 59-1 thru 59-3 72 119 120 128 129 DESCRIPTION TRANSCRIPT of proceeding held 2/5/07, 3/13/07 and 3/19/07 (3vols) TRANSCRIPT of proceeding held 2/20/07 EXHIBIT E by movant EXHIBIT F by movant POSITION brief by plaintiff POSITION brief by plaintiff IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the seal of the aforesaid court at Chicago Illinois, this 13th day of Nov. 2009. MICHAEL W. DOBBINS, CLERK By:________________________________ D. Jordan, Deputy Clerk APPEAL, COLE, REOPEN, TERMED United States District Court Northern District of Illinois - CM/ECF LIVE, Ver 3.2.3 (Chicago) CIVIL DOCKET FOR CASE #: 1:07-cv-00385 Internal Use Only Google Inc v. Central Mfg. Inc. et al Assigned to: Honorable Virginia M. Kendall Case in other court: 07-01612 07-01651 09-03569 Cause: 18:1961 Racketeering (RICO) Act Plaintiff Google Inc represented byMichael Thomas Zeller Quinn Emanuel Urquhart & Oliver, LLP 865 South Figueroa Street 10th Floor Los Angeles , CA 90017 (213) 443-3000 Email: michaelzeller@quinnemanuel.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan M. Cyrluk Stetler & Duffy, Ltd. 11 South LaSalle Street Suite 1200 Chicago , IL 60603-1203 (312) 338-0200 Email: cyrluk@stetlerandduffy.com PRO HAC VICE ATTORNEY TO BE NOTICED William John Barrett Barack Ferrazzano Kirschbaum & Nagelberg LLP Page 1 of 15 Date Filed: 01/19/2007 Date Terminated: 10/16/2009 Jury Demand: None Nature of Suit: 470 Racketeer/Corrupt Organization Jurisdiction: Federal Question 200 West Madison Suite 3900 Chicago , IL 60606 (312) 984-3100 Email: william.barrett@bfkn.com TERMINATED: 05/15/2008 V. Defendant Central Mfg. Inc. also known as Central Mfg Co also known as Central Mfg Co. (Inc.) also known as Central Manufacturing Company, Inc. also known as Central Mfg. Co. of Illinois Defendant Stealth Industries, Inc. also known as Rentamark also known as Rentamark.Com Defendant Central Mfg. Inc. and Stealth Industries, by and through Richard M. Fogel, not individually but as Chapter 7 Trustee Defendant The Society for the Prevention of Trademark Abuse, LLC as successor in interest to Central Mfg. Inc and Stealth Industries, Inc. represented byLance G. Johnson Roylance, Abrams, Berdo & Goodman LLP 1300 19th Street, NW Suite 600 Page 2 of 15 Washington , DC 20036 202 659 9076 ATTORNEY TO BE NOTICED Barack Ferrazzano Kirschbaum & Nagelberg LLP represented byBarack Ferrazzano Kirschbaum & Nagelberg LLP ATTORNEY TO BE NOTICED V. Movant Leo Stoller represented byLeo Stoller 7115 W. North Avenue Oak Park, IL 60302 (312)545-4554 PRO SE V. Trustee Richard M. Fogel, not individually, but as chapter 7 trustee of the bankruptcy estate of Leo Stoller Date Filed 01/19/2007 01/19/2007 01/19/2007 01/19/2007 01/19/2007 01/19/2007 # Docket Text 1 COMPLAINT filed by Google Inc; (eav, ) (Entered: 01/22/2007) 2 CIVIL Cover Sheet (eav, ) (Entered: 01/22/2007) 3 ATTORNEY Appearance for Plaintiff Google Inc by Michael Thomas Zeller (eav, ) (Entered: 01/22/2007) 4 ATTORNEY Appearance for Plaintiff Google Inc by William John Barrett (eav, ) (Entered: 01/22/2007) 5 NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by Google Inc (eav, ) (Entered: 01/22/2007) 6 (Court only) RECEIPT regarding payment of filing fee paid on 1/19/2007 in the amount of $350.00, receipt number 10337772 (eav, ) (Entered: Page 3 of 15 01/22/2007) 01/19/2007 01/30/2007 7 SUMMONS Issued as to Defendant Central Mfg. Inc. (eav, ) (Entered: 01/22/2007) 8 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to interplead (Exhibits) (eav, ) Additional attachment(s) added on 1/31/2007 (eav, ). (Entered: 01/31/2007) 9 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend pending the Appeal to lift the automatic stay for Google to sue the debtor Leo Stoller (Exhibits) (eav, ) (Entered: 01/31/2007) 10 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend pending the Trademark trial and Appeal Board's decision on the defendant's motion for summary judgment (eav, ) (Entered: 01/31/2007) 11 MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc. to suspend (eav, ) (Entered: 01/31/2007) 12 NOTICE of Motion by Stealth Industries, Inc., Central Mfg. Inc. for presentment of motion to Interplead 9 , motion to Suspend 10 , motion to Suspend pending Appeal to lift automatic stay for Google to sue the Debtor, Leo Stoller, and 11 , motion to suspend pending the Trademark Trial and Appeal Board's Decision on the defendant's motion for summary judgment 8 before Honorable Virginia M. Kendall on 2/5/2007 at 9:00 AM. (eav, ) (Entered: 01/31/2007) 13 PRO SE Appearance by Leo Stolla (eav, ) (Entered: 02/01/2007) 15 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. Motion to interplead 8 ; Motion to suspend pending the Appeal to lift the automatic stay for Google to sue the debtor Leo Stoller 9 ; Motion to suspend pending the Trademark trial and Appeal Board's decision on the defendant's motion for summary judgment 10 ; and Motion to suspend 11 are entered and continued to 2/20/2007 at 9:00 AM. Responses due by 2/12/2007. No replies are necessary. Mailed notice (gmr, ) (Entered: 02/06/2007) 14 SUMMONS Returned Executed by Google Inc as to Stealth Industries, Inc. on 1/23/2007, answer due 2/12/2007; Central Mfg. Inc. on 1/23/2007, answer due 2/12/2007. (Barrett, William) (Entered: 02/06/2007) 16 MOTION by Leo Stolla to intervene (eav, ) (Entered: 02/07/2007) 17 NOTICE of Motion by Leo Stolla for motion to intervene 16 before Honorable Virginia M. Kendall on 2/12/2007 at 9:00 AM. (eav, ) (Entered: 02/07/2007) 18 MINUTE entry before Judge Virginia M. Kendall :Motion to intervene 16 is entered and continued to 2/20/2007 at 09:00 AM. Any response shall be filed by 2/12/2007. No reply is necessary. The presentment date of 2/12/2007 for Page 4 of 15 01/30/2007 01/30/2007 01/30/2007 01/30/2007 01/30/2007 02/05/2007 02/06/2007 02/06/2007 02/06/2007 02/07/2007 said motion is hereby stricken.Mailed notice (gmr, ) (Entered: 02/07/2007) 02/12/2007 19 RESPONSE by Richard M. Fogel, not individually, but as chapter 7 trustee of the bankruptcy estate of Leo Stollerin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.suspend 10 , MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.interplead 8 , MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend 9 , MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend 11 , MOTION by Plaintiff Leo Stolla to intervene 16 and Joinder to Responses of Google Inc. (Alwin, Janice) (Entered: 02/12/2007) 20 RESPONSE by Google Incin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.interplead 8 , MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend 9 , MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.to suspend 11 , MOTION by Plaintiff Leo Stolla to intervene 16 (Barrett, William) (Entered: 02/12/2007) 21 RESPONSE by Google Incin Opposition to MOTION by Defendants Stealth Industries, Inc., Central Mfg. Inc.suspend 10 (Barrett, William) (Entered: 02/12/2007) 22 DECLARATION of Michael T. Zeller regarding response in opposition to motion 21 , response in opposition to motion, 20 by Google Inc (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9# 10 Exhibit 10# 11 Exhibit 11# 12 Exhibit 12# 13 Exhibit 13# 14 Exhibit 14# 15 Exhibit 15# 16 Exhibit 16# 17 Exhibit 17# 18 Exhibit 18# 19 Exhibit 19# 20 Exhibit 20# 21 Exhibit 21# 22 Exhibit 22# 23 Exhibit 23# 24 Exhibit 24# 25 Exhibit 25# 26 Exhibit 26# 27 Exhibit 27# 28 Exhibit 28# 29 Exhibit 29# 30 Exhibit 30)(Barrett, William) (Entered: 02/12/2007) 23 MOTION by Plaintiff Google Inc for permanent injunction (Stipulated), MOTION by Plaintiff Google Inc for judgment (Final) (Barrett, William) (Entered: 02/12/2007) 24 NOTICE of Motion by William John Barrett for presentment of motion for permanent injunction, motion for judgment 23 before Honorable Virginia M. Kendall on 2/20/2007 at 09:00 AM. (Barrett, William) (Entered: 02/12/2007) 25 SUPPLEMENT by Google Inc to declaration,, 22 Supplemental Declaration of Michael T. Zeller (Barrett, William) (Entered: 02/13/2007) 26 CERTIFICATE by Google Inc of Service of the Permanent Injunction and Final Judgment as to Defendants Central Mfg. Inc. and Stealth Industries, Inc.(Proposed Order) (Barrett, William) (Entered: 02/13/2007) 27 MEMORANDUM by Google Inc in support of motion for permanent injunction, motion for judgment 23 Google Inc.'s Separate Memorandum in Support of Joint Motion for Entry of Stipulated Permanent Injunction and Page 5 of 15 02/12/2007 02/12/2007 02/12/2007 02/12/2007 02/12/2007 02/13/2007 02/13/2007 02/13/2007 Final Judgment (Barrett, William) (Entered: 02/13/2007) 02/15/2007 02/16/2007 28 Notice of Filing Supplemental Authority by Leo Stolla ; Notice of filing (eav, ) (Entered: 02/20/2007) 30 OBJECTION by Leo Stoller to Joint Moiton for Entry of Stipulated Permanent Inj8unction and Final Judgment; Notice of filing (Exhibits) (eav, ) (Entered: 02/21/2007) 29 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held. All pending motions are taken under advisement, with a ruling by mail. Status hearing set for 3/13/2007 at 09:00 AM.Mailed notice (gmr, ) (Entered: 02/20/2007) 31 REPLY by Defendant Leo Stolla to Trustee's Ominibus response in opposition to motions of debtor Leo Stoller to: (1) Intevene; (II) Interplead; (III) Suspend proceeding for sixty days to retain counsel, for defendants; (IV) Suspend pending appeal to lift automactic stay for Google to sue the debtor; and (V) Suspend pending trademark trial and appeal Board's decision for defendants' motion for summary judgment and joinder of responses by Google, Inc.; Notice of filing (eav, ) (Entered: 02/26/2007) 32 MOTION by Defendant Leo Stolla to dismiss for failure to join a party under Rule F.R.C.P. 19 (eav, ) (Entered: 03/05/2007) 33 NOTICE of Motion by Leo Stolla for presentment of motion to dismiss 32 before Honorable Virginia M. Kendall on 3/7/2007 at 09:00 AM. (eav, ) (Entered: 03/05/2007) 35 REPLY by Defendant Leo Stolla to Google Inc.'s combined opposition to debtor Leo Stoller's motions (1) to intervene, (2) to interplead, (3) to suspend for sixty days to retain counsel for defendants and (4) to suspend pending appeal to lift automatic stay for Google to sue the debtor ; Notice of filing (eav, ) (Entered: 03/06/2007) 36 REPLY by Movant Leo Stoller to Google Inc.'s opposition to debtor Leo Stoller's motion to suspend pending the trademark trial and appeal board's decision on defendant's motion for summary judgment 21 (Exhibits); Notice. (smm) (Entered: 03/08/2007) 34 MINUTE entry before Judge Virginia M. Kendall :On March 2, 2007, Leo Stoller ("Stoller") filed a Motion to Dismiss for failure to join a party -himself -- pursuant to Fed. R. Civ. P. 19. Stoller previously filed a motion to intervene in this action on February 6, 2007. The Court has not yet ruled upon that motion. As such, Stoller remains a non-party and lacks standing to file a motion pursuant to Rule 19. See Arrow v. Gambler's Supply, Inc., 55 F.3d 407, 409 (8th Cir. 1995) ("only a party may make a Rule 19 motion") (citing Thompson v. Boggs, 33 F.3d 847, 858 n. 10 (7th Cir. 1994) (noting lack of any precedent for granting a non-party's motion for joinder)). Accordingly, Stoller's Motion to Dismiss 32 is stricken and the parties need Page 6 of 15 02/20/2007 02/22/2007 03/02/2007 03/02/2007 03/02/2007 03/02/2007 03/05/2007 not appear on March 7, 2007.Mailed notice (gmr, ) (Entered: 03/05/2007) 03/12/2007 37 MINUTE entry before Judge Virginia M. Kendall :For the reasons set out in the Memorandum Opinion and Order, Motion to intervene 16 is denied; Motion to interplead 8 is denied; and Motions to suspend 9 , 10 , 11 are denied.Mailed notice (eav, ) (Entered: 03/13/2007) 38 MEMORANDUM Opinion and Order Signed by Judge Virginia M. Kendall on 3/12/2007:Mailed notice(eav, ) (Entered: 03/13/2007) 39 NOTICE of appeal by Leo Stoller regarding orders 37 , 38 ; Notice of Filing (Fee Due) (dj, ) (Entered: 03/15/2007) 40 TRANSMITTED to the 7th Circuit the short record on 3/15/07 notice of appeal 39 . Notified counsel (dj, ) (Entered: 03/15/2007) 41 MOTION by Movant Leo Stoller for leave to appeal in forma pauperis (eav, ) Modified on 5/4/2007 (tg, ). (Entered: 03/16/2007) 42 NOTICE of Motion by Leo Stoller for presentment of motion for leave to appeal in forma pauperis 41 before Honorable Virginia M. Kendall on 3/19/2007 at 09:00 AM. (eav, ) Modified on 5/4/2007 (tg, ). (Entered: 03/16/2007) 43 MOTION by Movant Leo Stoller under FRCP 59 and/or 60 (Exhibits) (eav, ) (Entered: 03/16/2007) 44 NOTICE of Motion by Leo Stoller for presentment of under FRCP 59 and/or 60 43 before Honorable Virginia M. Kendall on 3/19/2007 at 09:00 AM. (eav, ) (Entered: 03/16/2007) 45 NOTICE by Leo Stoller of filing motion for leave to appeal in forma pauperis 41 (eav, ) (Entered: 03/16/2007) 54 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 39 ; USCA Case No. 07-1569. (smm) (Entered: 03/20/2007) 55 CIRCUIT Rule 3(b) Notice. (smm) (Entered: 03/20/2007) 57 MINUTE entry before Judge Virginia M. Kendall :Joint motion for entry of stipulated permanent injunction and final judgment 23 is granted. Enter permanent injunction and final judgment as to defendants Central Mfg., Inc. and Stealth Industries, Inc.Mailed notice Civil case terminated (eav, ) (Entered: 03/20/2007) 58 PERMANENT INJUNCTION and Final Judgment as to defendants Central Mfg., Inc. and Stealth Industries, Inc. Signed by Judge Virginia M. Kendall on 3/15/2007:Mailed notice(eav, ) (Entered: 03/20/2007) 46 MINUTE entry before Judge Virginia M. Kendall :For the reasons stated below, Movant Stoller's motion to reconsider 43 is denied. The presentment date of 3/19/2007 for said motion is hereby stricken.Mailed notice (gmr, ) Additional attachment(s) added on 3/16/2007 (gmr, ). (Entered: 03/16/2007) Page 7 of 15 03/12/2007 03/13/2007 03/15/2007 03/15/2007 03/15/2007 03/15/2007 03/15/2007 03/15/2007 03/15/2007 03/15/2007 03/15/2007 03/15/2007 03/16/2007 03/16/2007 47 RESPONSE by Google Incin Opposition to MOTION by Movant Leo Stoller for leave to appeal in forma pauperis 41 (Barrett, William) (Entered: 03/16/2007) 48 NOTICE by Google Inc re response in opposition to motion 47 Notice of Filing (Barrett, William) (Entered: 03/16/2007) 49 DECLARATION of Michael T. Zeller regarding response in opposition to motion 47 by Google Inc (Attachments: # 1 Exhibit A-G# 2 Exhibit HJ)(Barrett, William) (Entered: 03/16/2007) 50 NOTICE by Google Inc re declaration 49 Notice of Filing (Barrett, William) (Entered: 03/16/2007) 51 SUPPLEMENTAL NOTICE of appeal by Leo Stoller regarding orders 46 , 34 ;(Fee Due) (dj, ) (Entered: 03/20/2007) 52 DESIGNATION by Leo Stoller of the content of the record on appeal : USCA Case No. 07-1569 (dj, ) (Entered: 03/20/2007) 56 MINUTE entry before Judge Virginia M. Kendall :Motion hearing held on 3/19/2007. For the reasons stated on the record in open court, movant Stoller's motion for permission to appeal in forma pauperis 41 is granted.Mailed notice (eav, ) (Entered: 03/20/2007) 60 REPLY by Movant Leo Stoller to Google's opposition to motion for permission to appeal in forma pauperis (eav, ) Modified on 5/17/2007 (vcf, ). (Entered: 03/22/2007) 53 TRANSMITTED to the 7th Circuit the short record on 3/20/07 notice of appeal 51 . Notified counsel (dj, ) (Entered: 03/20/2007) 61 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 39 ; USCA Case No. 07-1612. (rp, ) (Entered: 03/23/2007) 62 CIRCUIT Rule 3(b) Notice. (rp, ) (Entered: 03/23/2007) 59 TRANSCRIPT of proceedings for the following dates: 2/5/07, 3/13/07 and 3/19/07; Before the Honorable Virginia M. Kendall (3 volumes) (eav, ) (Entered: 03/22/2007) 63 SUPPLEMENTAL NOTICE of appeal by Leo Stoller regarding orders 58 , 57 ; (Fee Due) (dj, ). (Entered: 03/23/2007) 64 TRANSMITTED to the 7th Circuit the short record on 3/23/07 notice of appeal 63 . Notified counsel (dj, ) (Entered: 03/23/2007) 65 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 63 ; USCA Case No. 07-1651. (smm) (Entered: 03/27/2007) 66 CIRCUIT Rule 3(b) Notice. (smm) (Entered: 03/27/2007) 67 DESIGNATION of the content by Leo Stoller of record on appeal : USCA Case No. 07-1651 (dj, ) (Entered: 03/28/2007) Page 8 of 15 03/16/2007 03/16/2007 03/16/2007 03/19/2007 03/19/2007 03/19/2007 03/19/2007 03/20/2007 03/20/2007 03/20/2007 03/21/2007 S/C 03/21/2007 03/23/2007 03/23/2007 03/23/2007 03/27/2007 03/27/2007 68 COPIES of TRANSCRIPTS of the hearing before the Honorable Virginia M. Kendall on March 13, 2007, 2) Transcript of the hearing before the Honorable Virginia M. Kendall on March 19, 2007 and 3) Transcript of the hearing before the Honorable Jack B. Schmetterer on March 1, 2007 by Leo Stoller; Notice. (td, ) (Entered: 03/29/2007) 69 DESIGNATION by Leo Stoller of Additional Content of the Record on Appeal. (rp, ) (Entered: 03/30/2007) 70 DESIGNATION by Leo Stoller of additional content of the record on appeal 46 : USCA Case No. 07-1651 (hp, ) (Entered: 04/12/2007) 71 TRANSMITTED to the USCA for the 7th Circuit the long record on appeal 51 , 39 , 63 (USCA no. 07-1569, 07-1612 and 07-1651) consisting of 1 volume of pleadings, 2 loose pleadings and 3 transcripts. (dj, ) (Entered: 04/12/2007) 72 TRANSCRIPT of proceedings for the following dates: 02/20/07 before the Honorable Virginia M. Kendall. (ar, ) (Entered: 04/13/2007) 74 USCA RECEIVED on 4/12/07 the long record regarding notice of appeal 51 , 39 , 63 ; (07-1569, 07-1612 and 07-1651) (dj, ) (Entered: 04/17/2007) 73 TRANSMITTED to the USCA for the 7th Circuit supplemental record on appeal, 51 39 and 63 , (USCA nos. 07-1569, 07-1612, and 07-1651) consisting of one transcript 72 . Mailed copies of USCA transmittal letter and certificate to counsel of record. (ar, ) (Entered: 04/13/2007) 75 MOTION by Movant Leo Stoller for leave to file designation of supplemental content of record on appeal. (smm) (Entered: 05/11/2007) 76 NOTICE of Motion by Leo Stoller for presentment of motion for leave to file designation of supplemental content of record on appeal 75 before Honorable Virginia M. Kendall on 5/14/2007 at 9:00 A.M. (smm) (Entered: 05/11/2007) 79 DESIGNATION of supplemental content of record on appeal by Leo Stoller; Notice. (smm) (Entered: 05/16/2007) 77 RESPONSE by Google Incin Opposition to MOTION by Movant Leo Stoller for leave to file 75 (Barrett, William) (Entered: 05/11/2007) 78 MINUTE entry before Judge Virginia M. Kendall :Motion for leave to file designation of supplemental content of record on appeal 75 is denied as moot. Mailed notice (gmr, ) (Entered: 05/14/2007) 80 DESIGNATION of additional content of the record on appeal by Leo Stoller (Exhibit); Notice. (smm) (Entered: 05/18/2007) 81 DESIGNATION of supplemental content of record on appeal by Leo Stoller (Exhibits); Notice. (smm) (Entered: 05/18/2007) 82 NOTICE by William John Barrett of Change of Address (Barrett, William) (Entered: 05/31/2007) Page 9 of 15 03/28/2007 04/10/2007 04/12/2007 04/12/2007 S/C 04/12/2007 04/13/2007 05/10/2007 05/10/2007 05/10/2007 05/11/2007 05/14/2007 05/16/2007 05/16/2007 05/31/2007 08/08/2007 83 CERTIFIED copy of order dated 8/7/2007 from the 7th Circuit regarding notice of appeal 51 , notice of appeal 39 , notice of appeal 63 ; Appellate case no. : 07-1569, 07-1612, 07-1651 It is ordered that the #1 and #3 are Denied. It is further Ordered that Stoller is fined $10,000, payable to the Clerk of this Court. If this fine is not paid within 14 days, we will enter an order under Support Systems, Int'l, Inc. v. Mack, 45 F.3d 185 (7th Cir. 1995), directing the clerks of all the federal courts in this circuit to return unfiled any papers submitted either directly or indirectly by or on behalf of Stoller unless and until he pays in full the sanction that has been imposed against him. (rp, ) (Entered: 08/13/2007) 84 LETTER from the USCA retaining the record on appeal in USCA no. 071569, 07-1612, 07-1651 consisting of one volume of pleadings, two volumes of loose pleadings and four volumes of transcripts. (kjc, ) (Entered: 04/28/2008) 85 MANDATE of USCA dated 4/2/2008 regarding notice of appeal 51 , notice of appeal 39 , notice of appeal 63 ; USCA No. 07-1569, 07-1612, 07-1651 ; The ruling on the motions to intervene and the final judgment Vacated and the case Remanded for further proceedings, in accordance with the decision of this court entered on this date. (kjc, ) (Entered: 04/28/2008) 86 OPINION from the USCA for the 7th Circuit; Argued 4/2/2008; Decided 4/2/2008 in USCA case no. 07-1569, 07-1612 & 07-1651. (kjc, ) (Entered: 04/28/2008) 87 MINUTE entry before Judge Virginia M. Kendall: Status hearing set for 5/15/2008 at 09:00 AM. Mailed notice. (kw, ) (Entered: 05/02/2008) 88 MOTION to withdraw as attorney for Plaintiff, Google, Inc. (Barrett, William) (Entered: 05/12/2008) 89 NOTICE of Motion by William John Barrett for presentment of motion to withdraw as attorney 88 before Honorable Virginia M. Kendall on 5/15/2008 at 09:00 AM. (Barrett, William) (Entered: 05/12/2008) 90 ATTORNEY Appearance for Plaintiff Google Inc by Jonathan M. Cyrluk (Cyrluk, Jonathan) (Entered: 05/14/2008) 91 MOTION by Plaintiff Google Inc to substitute attorney, MOTION by counsel for Plaintiff Google Inc to withdraw as attorney (Cyrluk, Jonathan) (Entered: 05/14/2008) 92 NOTICE of Motion by Jonathan M. Cyrluk for presentment of motion to substitute attorney, motion to withdraw as attorney 91 before Honorable Virginia M. Kendall on 5/20/2008 at 09:00 AM. (Cyrluk, Jonathan) (Entered: 05/14/2008) 93 MINUTE entry before the Honorable Virginia M. Kendall: Status hearing held. Plaintiff's Motion to Withdraw Attorney William J. Barrett 88 and to Page 10 of 15 04/24/2008 04/24/2008 04/24/2008 05/02/2008 05/12/2008 05/12/2008 05/14/2008 05/14/2008 05/14/2008 05/15/2008 Substitute Jonathan M. Cyrluk as Local Counsel 91 are granted. The Motion to Intervene is reinstated. Plaintiff to supplement the Motion by 6/9/2008; response due 6/30/2008; reply due 7/7/2008. Defendant must pay the fine as ordered by the 7th Circuit by 6/9/2008 or this case will be dismissed. Mailed notice. (kw, ) Modified on 5/23/2008 (kw, ). (Entered: 05/16/2008) 05/16/2008 94 MINUTE entry before the Honorable Virginia M. Kendall: Minute entry 93 is amended to reflect that the Defendant must pay his fine prior to the filing of any papers in this case. In all other respects the minute entry stands. Mailed notice. (kw, ) (Entered: 05/16/2008) 95 MINUTE entry before the Honorable Virginia M. Kendall: It has been brought to the Court's attention that electronic notice of minute entry 93 was not distributed. The Court hereby brings notice to all parties of the filing of minute order 93 . Paper copies of minute entries 93 and 94 will be mailed to all parties. Mailed notice. (kw, ) (Entered: 05/23/2008) 97 MOTION by Movant Leo Stoller to Suspend; Notice.( Exhibits)(Poor Quality Original - Paper Document on File)(vcf, ) (Entered: 06/09/2008) 96 LETTER from the Seventh Circuit returning the record on appeal in USCA no. 07-1569, 07-1612, 07-1651 consisting of one volume of pleadings, two volumes of loose pleadings and four volumes of transcripts. (kjc, ) (Entered: 06/06/2008) 98 MINUTE entry before the Honorable Virginia M. Kendall: Mr. Stoller is advised that all motions shall be presented to the court pursuant to Local Rule 5.3(a and b). Failure to comply with this rule may result in the striking of the motion. A copy of Local Rule 5.3 (a and b) was mailed to Mr. Stoller along with a copy of this order by the court's clerk.Mailed notice (jms, ) (Entered: 06/18/2008) 99 MOTION by Movant Leo Stoller to suspend. (vcf, ) (Entered: 06/26/2008) 100 NOTICE of Motion by Leo Stoller for presentment of motion to suspend 99 before Honorable Virginia M. Kendall on 6/30/2007 at 09:00 AM. (vcf, ) (Entered: 06/26/2008) 101 MINUTE entry before the Honorable Virginia M. Kendall: Motion hearing held. Plaintiff's motion to suspend 99 is entered and continued pending ruling on the pending motion. Advised in open court (jms, ) (Entered: 06/30/2008) 102 RESPONSE by Plaintiff Google Inc to motion to intervene 16 (Attachments: # 1 Declaration Michael T. Zeller, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Cyrluk, Jonathan) (Entered: 06/30/2008) 103 MOTION by Movant Leo Stoller to file reply instanter. (Attachments: # 1 Response)(vcf, ) (Entered: 07/14/2008) 104 NOTICE of Motion by Leo Stoller for presentment of motion to file reply instanter 103 before Honorable Virginia M. Kendall on 7/17/2008 at 09:00 Page 11 of 15 05/23/2008 06/03/2008 06/04/2008 06/18/2008 06/25/2008 06/25/2008 06/30/2008 06/30/2008 07/11/2008 07/11/2008 AM. (vcf, ) (Entered: 07/14/2008) 07/14/2008 105 MINUTE entry before the Honorable Virginia M. Kendall:Mr. Stoller's motion to file reply instanter 103 is granted. Mailed notice (jms, ) (Entered: 07/14/2008) 106 REPLY by Leo Stoller to Google's response to supplement to motion to intervene 16 . (vcf, ) (Entered: 07/15/2008) (Court only) ***Motions terminated: MOTION by Plaintiff Leo Stolla to intervene 16 see order dated 3-12-07 [#37] (jms, ) (Entered: 01/30/2009) 107 MINUTE entry before the Honorable Virginia M. Kendall:Stollers Motion to Suspend [97, 99 is denied without prejudice. For further details see attached minute order. Mailed notice (tlp, ) (Entered: 03/31/2009) 108 MINUTE entry before the Honorable Virginia M. Kendall:Movant Stollers motion to suspend is denied without prejudice. Movant Stoller may refile the motion if this Court allows him to intervene on remand.Mailed notice (jms, ) (Entered: 06/30/2009) 109 MINUTE entry before the Honorable Virginia M. Kendall: Stollers motion to Iniervene is denied. The parties are directed to submit position papers regarding the extent to which Stollers corporations are subject to suit and when this case arose and as such the propriety of the involvement of the bankruptcy estate. The parties must submit such position papers by 9/9/2009.Mailed notice (jms, ) (Entered: 08/17/2009) 110 MEMORANDUM Opinion and Order Signed by the Honorable Virginia M. Kendall on 8/17/2009:Mailed notice(jms, ) (Entered: 08/17/2009) 111 MOTION by Movant Leo Stoller for reconsideration regarding its opinion dated August 17, 2009 109 (Exhibit) (hp, ) (Entered: 08/24/2009) 112 NOTICE of Motion by Leo Stoller for presentment of motion for reconsideration 111 before Honorable Virginia M. Kendall on 8/27/2009 at 09:00 AM. (hp, ) (Entered: 08/24/2009) 113 MINUTE entry before the Honorable Virginia M. Kendall:Mr. Stoller's motion for reconsideration 111 is taken under advisement. Response is to be filed by 9/9/2009. Reply is to be filed by 9/16/2009. Mr. Stoller's motion for an extension of time to file his position brief pursuant to this court's order of 8/17/2009 111 is granted in part. The parties are given to 9/30/2009 to file their position briefs on the extent to which Stollers corporations are subject to suit and when this case arose and as such the propriety of the involvement of the bankruptcy estate. Mailed notice (jms, ) (Entered: 08/25/2009) (Court only) ***Deadline terminated. (hp, ) (Entered: 08/26/2009) 114 RESPONSE by Google Incin Opposition to MOTION by Movant Leo Stoller for reconsideration regarding terminate motions, 109 111 Google Inc.'s Response to Motion for Reconsideration (Zeller, Michael) (Entered: Page 12 of 15 07/14/2008 01/30/2009 03/31/2009 06/30/2009 08/17/2009 08/17/2009 08/24/2009 08/24/2009 08/25/2009 08/25/2009 09/09/2009 09/09/2009) 09/09/2009 115 AFFIDAVIT by Plaintiff Google Inc in Opposition to MOTION by Movant Leo Stoller for reconsideration regarding terminate motions, 109 111 Declaration of Michael T. Zeller In Support of Google's Response to Motion for Reconsideration (Attachments: # 1 Exhibit Exhibit 1)(Zeller, Michael) (Entered: 09/09/2009) 116 REPLY by Leo Stoller to Google's response to motion for reconsideration 114 (Exhibits); Notice. (smm) (Entered: 09/16/2009) 117 EXHIBIT C by Movant Leo Stoller regarding reply to Google's response to motion for reconsideration 116 , (Attachment(s): #(1) Continuation of Exhibit C) 114 . (smm) Modified on 9/16/2009 (smm). (Entered: 09/16/2009) 118 EXHIBIT D by Movant Leo Stoller regarding reply to Google's response to motion for reconsideration 116 , 114 . (smm) (Entered: 09/16/2009) 119 EXHIBIT E by Movant Leo Stoller regarding reply to Google's response to motion for reconsideration 116 , 114 (Attachments: #(1) Continuation of Exhibit E).( Poor Quality Original - Paper Document on File.)(smm) (Entered: 09/16/2009) 120 EXHIBIT F by Movant Leo Stoller regarding reply to Google's response to motion for reconsideration 116 , 114 .( Poor Quality Original - Paper Document on File.) (smm) (Entered: 09/16/2009) 121 MEMORANDUM by Google Inc (Cyrluk, Jonathan) (Entered: 09/30/2009) 122 DECLARATION of Michael T. Zeller regarding memorandum 121 (Attachments: # 1 Exhibit 1-19)(Cyrluk, Jonathan) (Entered: 09/30/2009) 123 MOTION by Plaintiff Google Inc for judgment and entry of stipulated permanent injunction (Cyrluk, Jonathan) (Entered: 09/30/2009) 124 DECLARATION of Michael T. Zeller regarding motion for judgment 123 and entry of stipulated permanent injunction (Attachments: # 1 Exhibit 1-7, # 2 Exhibit 8-17, # 3 Exhibit 18-26)(Cyrluk, Jonathan) (Entered: 09/30/2009) 125 NOTICE of Motion by Jonathan M. Cyrluk for presentment of motion for judgment 123 before Honorable Virginia M. Kendall on 10/13/2009 at 09:00 AM. (Cyrluk, Jonathan) (Entered: 09/30/2009) 126 CERTIFICATE of Service of permanent injunction by Jonathan M. Cyrluk on behalf of Google Inc (Cyrluk, Jonathan) (Entered: 09/30/2009) 128 POSITION brief by Leo Stoller;Notice. # 1 Exhibit 1, # 2 Exhibit 1 contd) (vcf, ). ( Poor Quality Original - Paper Document on File.) (Entered: 10/02/2009) 129 POSITION brief by Leo Stoller (Attachments: # 1 Exhibit 5-7, # 2 Exhibit 78). ( Poor Quality Original - Paper Document on File.)(vcf, ) (Entered: 10/02/2009) Page 13 of 15 09/14/2009 09/14/2009 09/14/2009 09/14/2009 S/C 09/14/2009 S/C 09/30/2009 09/30/2009 09/30/2009 09/30/2009 09/30/2009 09/30/2009 09/30/2009 S/C 09/30/2009 S/C 10/01/2009 127 CERTIFIED copy of order dated 6/16/2009 from the USCA regarding notice of appeal 39 ; Appellate case no. : 07-1569, 07-1612 and 07-1651. The following is before the court: Notice of Sanction Payment, filed on June 3, 2008, by the pro se appellant. It is ordered that the court's order dated August 23,2007, imposing a filing bar in accordance with Mack, is Rescinded. Leo Stoller has paid the underlying sanction in full. The clerk of this court shall send a copy of this order to the clerks of all federal courts in this circuit. (vcf, ) (Entered: 10/02/2009) 130 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 50, receipt number 07520000000004155494. (Cyrluk, Jonathan) (Entered: 10/02/2009) 131 MINUTE entry before the Honorable Virginia M. Kendall:Motion by Jonathan Cyrluk to file the appearance of Lance Johnson as appear pro hac vice 130 is granted. Mailed notice (jms, ) (Entered: 10/06/2009) 132 RESPONSE by Leo Stoller to MOTION Google Inc for judgment and entry of stipulated permanent injunction 123 ;Notice. (vcf, ) (Entered: 10/09/2009) 133 MINUTE entry before the Honorable Virginia M. Kendall:Motion hearing held regarding motion for judgment 123 . Court will issue an order shortly. Advised in opn court (jms, ) (Entered: 10/16/2009) 134 MINUTE entry before the Honorable Virginia M. Kendall:Stollers motion for reconsideration 111 is denied. Mailed notice (jms, ) (Entered: 10/16/2009) 135 MINUTE entry before the Honorable Virginia M. Kendall:Enter Permanent Injunction and Final judgment. Civil case terminated. Mailed notice (jms, ) (Entered: 10/16/2009) 136 PERMANENT INJUNCTION Signed by the Honorable Virginia M. Kendall on 10/16/2009:Mailed notice(jms, ) (Entered: 10/16/2009) 137 NOTICE of appeal by Leo Stoller regarding orders 136 , 135 , 134 (ifp) (dj, ) (Entered: 10/20/2009) 138 DESIGNATION by Leo Stoller of content of record on appeal. (dj, ) (Entered: 10/20/2009) 139 NOTICE of granting in forma pauperis petition by Leo Stoller. (dj, ) (Entered: 10/20/2009) 140 NOTICE of Appeal Due letter sent to counsel of record (dj, ) (Entered: 10/20/2009) 141 TRANSMITTED to the 7th Circuit the short record on notice of appeal 137 . Notified counsel (dj, ) (Entered: 10/20/2009) 142 ACKNOWLEDGEMENT of receipt of short record on appeal regarding notice of appeal 137 ; USCA Case No. 09-3569. (vcf, ) (Entered: 10/21/2009) Page 14 of 15 10/02/2009 10/06/2009 10/07/2009 10/13/2009 10/16/2009 10/16/2009 10/16/2009 10/19/2009 10/19/2009 10/19/2009 10/20/2009 10/20/2009 10/20/2009 10/20/2009 10/23/2009 143 CIRCUIT Rule 3(b) Notice. (vcf, ) (Entered: 10/21/2009) 144 RESPONSE by Plaintiff Google Inc to other 139 Stoller's Purported "Notice of Granting In Forma Pauperis Petition" (Cyrluk, Jonathan) (Entered: 10/23/2009) 145 NOTICE by Leo Stoller of filing transcripts. (vcf, ) (Entered: 11/12/2009) 11/09/2009 KEY All items are included in this record. All crossed out items are not included in the record. S/C: These items are sent under a separate certificate. N/A: These items are not available. Page 15 of 15

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