BRAGG v. LINDEN RESEARCH, INC. et al

Filing 64

BRAGG v. LINDEN RESEARCH, INC. et al

Doc. 64

Case 2:06-cv-04925-ER

Document 64

Filed 06/28/2007

Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARC BRAGG, Esq., an individual, Plaintiff, v. LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, Defendants. LINDEN RESEARCH, INC., a corporation, Counterclaim Plaintiff, v. MARC BRAGG, an individual, Counterclaim Defendant. ORDER : : : : : : : : : : : : : : : : : : : : : :

CIVIL ACTION Case No. 06-4925

AND NOW, this _____ day of _____________, 2007, upon consideration of the Motion of Defendant and Counterclaim Plaintiff Linden Research, Inc. ("Linden") to deposit funds with the court in the amount of Five Thousand Nine Hundred Two Dollars and Eighty Cents ($5,902.80), of which, according to Linden: (i) One Thousand Nine Hundred Seventy Dollars and Seventy-Nine Cents ($1,970.79) represents the cash balance in the account of Plaintiff and Counterclaim Defendant Marc Bragg ("Bragg") in Linden's Second Life online service as of May 1, 2006 when the account was placed on administrative hold;

Dockets.Justia.com

Case 2:06-cv-04925-ER

Document 64

Filed 06/28/2007

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(ii) Three Thousand Six Hundred Thirty Two Dollars ($3,632.00) represents the amount realized after Linden's liquidation of so-called "virtual land" in Bragg's Second Life account; and (iii) Three Hundred Dollars and One Cent ($300.01) represents the monies automatically deducted from Bragg's Second Life account after Bragg won an auction for a parcel of so-called "virtual land" called "Taesot" on May 1, 2006, which parcel was thereafter recovered by Linden from Bragg's account, it is hereby ORDERED that the Motion is GRANTED. The Clerk is hereby Ordered to deposit the funds in a money market account, at the prevailing rate of interest at a federally approved financial institution. The Clerk shall deduct any administrative registry fee set by the director of the Administrative Office of the U.S. Courts and authorized by the Judicial Conference of the United States from the interest earned on the deposit without further order of the court. Dated this _________ day of __________, 2007

BY THE COURT:

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Case 2:06-cv-04925-ER

Document 64

Filed 06/28/2007

Page 3 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA MARC BRAGG, Esq., an individual, Plaintiff, v. LINDEN RESEARCH, INC., a corporation, and PHILIP ROSEDALE, an individual, Defendants. LINDEN RESEARCH, INC., a corporation, Counterclaim Plaintiff, v. MARC BRAGG, an individual, Counterclaim Defendant. : : : : : : : : : : : : : : : : : : : : : :

CIVIL ACTION Case No. 06-4925

MOTION OF DEFENDANT AND COUNTERCLAIM PLAINTIFF LINDEN RESEARCH INC. TO DEPOSIT FUNDS WITH THE COURT AND ORDER TO INVEST IN AN INTEREST BEARING ACCOUNT Pursuant to Rule 67 of the Federal Rules of Civil Procedure, Defendant and Counterclaim Plaintiff Linden Research Inc. ("Linden") moves the Court for an order authorizing the deposit into the Registry of the Court in the amount of Five Thousand Nine Hundred Two Dollars and Eighty Cents ($5,902.80), of which (i) One Thousand Nine Hundred Seventy Dollars and Seventy-Nine Cents ($1,970.79) represents the cash balance in the account of Plaintiff and Counterclaim Defendant Marc Bragg ("Bragg") in Linden's Second Life online service as of

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Case 2:06-cv-04925-ER

Document 64

Filed 06/28/2007

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May 1, 2006 when the account was placed on administrative hold; (ii) Three Thousand Six Hundred Thirty Two Dollars ($3,632.00) represents the amount realized after Linden's liquidation of so-called "virtual land" in Bragg's Second Life account; and (iii) Three Hundred Dollars and One Cent ($300.01) represents the monies automatically deducted from Bragg's Second Life account after Bragg won an auction for a parcel of so-called "virtual land" called "Taesot" on May 1, 2006, which parcel was thereafter recovered by Linden from Bragg's account. These amounts are in dispute for the reasons set forth in Linden's Answer and Counterclaims of this date, and Linden requests leave to deposit them into the Court pending resolution of the dispute.

Dated: June 28, 2007

Respectfully Submitted, /s/ John W. Crittenden John W. Crittenden (Cal. 101634) Kathleen E. Treiber (Cal. 232353) ADMITTED PRO HAC VICE COOLEY GODWARD KRONISH LLP 101 California Street, 5th Floor San Francisco, CA 94111 [phone] Lawrence Z. Shiekman (15203) Thomas T. Watkinson, II (200697) PEPPER HAMILTON LLP 3000 Two Logan Square 18th & Arch Streets Philadelphia, PA 19103 [phone] Attorneys for Defendant LINDEN RESEARCH, INC

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Case 2:06-cv-04925-ER

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Filed 06/28/2007

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CERTIFICATE OF SERVICE I, John W. Crittenden, hereby certify that the foregoing Motion of Defendant and Counterclaim Plaintiff Linden Research, Inc. to Deposit Funds with the Court and Order to Invest in an Interest Bearing Account, has been filed electronically on this 28th day of June, 2007 and is available for viewing on the Court's ECF system.

/s/ John W. Crittenden John W. Crittenden

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