Robbins, Joe v. Svehla, Scott et al

Filing 64

Transmission of Notice of Appeal, Docketing Statement, Opinion and Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 62 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Opinion and Order, # 3 Judgment, # 4 Docket Sheet) (lak)

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APPEAL, CLASS_ACTION, CLOSED, EJT,

U.S. District Court
Western District of Wisconsin (Madison)
CIVIL DOCKET FOR CASE #: 3:16-cv-00532-jdp

Robbins, Joe v. Svehla, Scott et al
Assigned to: District Judge James D. Peterson
Referred to: Magistrate Judge Stephen L. Crocker
Cause: 17:101 Copyright Infringement

Date Filed: 07/28/2016
Date Terminated: 11/22/2016
Jury Demand: Both
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question

Plaintiff
Joe Robbins

represented by Kevin Patrick McCulloch
Nelson & McCulloch LLP
155 East 56th Street, 3rd Fl
New York, NY 10022
212-355-6050
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Nathaniel Kleinman
The McCulloch Law Firm
155 East 56th Street, 3rd Fl
New York, NY 10022
212-355-6050
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Defendant
Scott Svehla

represented by Gregory T. Everts
Quarles & Brady
P.O. Box 2113
33 East Main St, Ste 900
Madison, WI 53701
608-283-2460
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

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Defendant
Scott's Brewery Collectibles, LLC

represented by Gregory T. Everts
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
Nicholas Martin

represented by John Paul Fredrickson
Boyle Fredrickson, S.C.
840 N. Plankinton Ave.
Milwaukee, WI 53203
414-225-9755
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Sports-4-Less

represented by John Paul Fredrickson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Pharmacy Station, Inc.

represented by James C. Ratzel
Ratzel & Associates, LLC
3330 N. Springdale Road
Brookfield, WI 53045
262-781-1911
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Defendant
Jerry Miller
TERMINATED: 08/28/2016
Defendant
John Does 1 - 10
Defendant
Gerald Miller

represented by John Paul Fredrickson
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.

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Intervenor Defendant
West Bend Mutual Insurance Company

represented by Rick J. Mundt
Winner, Wixson & Pernitz
P.O. Box 2626
Madison, WI 53701-2626
608-257-0257x225
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel John Cunningham
Tressler LLP
233 South Wacker Drive
22nd Floor
Chicago, IL 60606
312-627-4000 x4026
Fax: [phone]
Email: [e-mail]
ATTORNEY TO BE NOTICED

Intervenor Defendant
Owners Insurance Company

represented by Ryan Ray Graff
Nash, Spindler, Grimstad & Mccracken
1425 Memorial Drive
Manitowoc, WI 54220
920-645-6227
Fax: [phone]
Email: [e-mail]
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Counter Claimant
Scott's Brewery Collectibles, LLC

represented by Gregory T. Everts
(See above for address)
ATTORNEY TO BE NOTICED

V.
Counter Defendant
West Bend Mutual Insurance Company

represented by Rick J. Mundt
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Daniel John Cunningham
(See above for address)

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ATTORNEY TO BE NOTICED

Date Filed
07/28/2016

#

Docket Text
1 COMPLAINT against All Defendants. ( Filing fee $ 400 receipt number
0758-1854641.), filed by All Plaintiffs. (Attachments:
# 1 Report on Filing Copyright Action,
# 2 JS-44 Civil Cover Sheet,
# 3 Summons Martin,
# 4 Summons Miller,
# 5 Summons Pharma Station,
# 6 Summons Scott's Brewery,
# 7 Summons Sports-4-Less,
# 8 Summons Svehla) (McCulloch, Kevin) Modified on 7/29/2016. (lak) (Entered:
07/28/2016)

07/28/2016

Case non-randomly assigned to District Judge James D. Peterson and Magistrate
Judge Stephen L. Crocker. Related to 15-cv-379-jdp. (voc) (Entered: 07/28/2016)

07/28/2016

Standard attachments for Judge James D. Peterson required to be served on all
parties with summons or waiver of service: NORTC, Corporate Disclosure
Statement. (voc) (Entered: 07/28/2016)

07/28/2016

2 Summons Issued as to Nicholas Martin, Jerry Miller, Pharmacy Station, Inc., Scott's
Brewery Collectibles, LLC, Sports-4-Less, Scott Svehla. (Attachments:
# 1 Summons Scott's Brewery,
# 2 Summons Martin,
# 3 Summons Sports-4-Less,
# 4 Summons Pharmacy Station,
# 5 Summons Miller) (voc) (Entered: 07/28/2016)

07/28/2016

3 Report on Filing of Copyright Action. Copy mailed to Copyright Office. (voc)
(Entered: 07/28/2016)

08/26/2016

4 AMENDED COMPLAINT against All Defendants, filed by All Plaintiffs.
(McCulloch, Kevin) (Entered: 08/26/2016)

09/08/2016

5 Affidavit of Service by Plaintiff. Jerry Miller served on 8/30/2016, answer due
9/20/2016. (McCulloch, Kevin) Modified on 9/9/2016: Jerry Miller termed per
Amended Complaint. Gerald Miller added. (lak) (Entered: 09/08/2016)

09/08/2016

6 Affidavit of Service by Plaintiff. Nicholas Martin served on 8/31/2016, answer due
9/21/2016. (McCulloch, Kevin) (Entered: 09/08/2016)

09/08/2016

7 Affidavit of Service by Plaintiff. Scott's Brewery Collectibles, LLC served on
8/30/2016, answer due 9/20/2016. (McCulloch, Kevin) (Entered: 09/08/2016)

09/13/2016

8 Affidavit of Service by Plaintiff. Pharmacy Station, Inc. served on 9/1/2016, answer
due 9/22/2016. (McCulloch, Kevin) (Entered: 09/13/2016)

09/19/2016

9 Notice of Appearance filed by James C. Ratzel for Defendant Pharmacy Station, Inc.
(Ratzel, James) (Entered: 09/19/2016)

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09/19/2016

10 ANSWER to Amended Complaint Affirmative Defenses and Answer to all Claims,
Counterclaims and Cross Claims by Defendant Pharmacy Station, Inc. (Ratzel,
James) (Entered: 09/19/2016)

09/19/2016

11 Corporate Disclosure Statement by Defendant Pharmacy Station, Inc. (Ratzel, James)
(Entered: 09/19/2016)

09/20/2016

12 MOTION TO DISMISS by Defendants Nicholas Martin, Gerald Miller, Sports4-Less. Brief in Opposition due 10/11/2016. Brief in Reply due 10/21/2016.
(Fredrickson, John) (Entered: 09/20/2016)

09/20/2016

13 Brief in Support of 12 Motion to Dismiss by Defendants Nicholas Martin, Gerald
Miller, Sports-4-Less, (Attachments:
# 1 Exhibit 1 - Report on Filing an Action Regarding a Copyright) (Fredrickson,
John) Modified on 9/21/2016. (lak) (Entered: 09/20/2016)

09/20/2016

14 Declaration of John P. Fredrickson filed by Defendants Nicholas Martin, Gerald
Miller, Sports-4-Less re: 12 Motion to Dismiss, (Attachments:
# 1 Exhibit A - Fredrickson-McCulloch Email Exchange) (Fredrickson, John)
Modified on 9/21/2016. (lak) (Entered: 09/20/2016)

09/20/2016

15 MOTION TO DISMISS by Defendants Scott's Brewery Collectibles, LLC, Scott
Svehla. Brief in Opposition due 10/11/2016. Brief in Reply due 10/21/2016. (Everts,
Gregory) (Entered: 09/20/2016)

09/20/2016

16 Brief in Support of 15 Motion to Dismiss by Defendants Scott's Brewery
Collectibles, LLC, Scott Svehla. (Everts, Gregory) (Entered: 09/20/2016)

09/20/2016

17 Declaration of Gregory T. Everts filed by Defendants Scott's Brewery Collectibles,
LLC, Scott Svehla re: 15 Motion to Dismiss, (Attachments:
# 1 Exhibit A - Copyright Search,
# 2 Exhibit B - Joe Robbins Copyright Search) (Everts, Gregory) (Entered:
09/20/2016)

09/20/2016

18 Brief in Opposition by Plaintiff Joe Robbins re: 15 Motion to Dismiss filed by Scott
Svehla, Scott's Brewery Collectibles, LLC, 12 Motion to Dismiss filed by Nicholas
Martin, Sports-4-Less, Gerald Miller. (McCulloch, Kevin) (Entered: 09/20/2016)

09/27/2016

19 Motion to Amend Briefing Schedule re: Dkt. Nos. 12 & 15 by Plaintiff Joe Robbins.
Motions referred to Magistrate Judge Stephen L. Crocker. Response due 10/4/2016.
(McCulloch, Kevin) (Entered: 09/27/2016)

09/27/2016

20 ** TEXT ONLY ORDER **
On September 20, 2016, two sets of defendants filed two motions to dismiss, dkts. 12
& 15 . The court computer automatically calendared a 21 day/10 day response/reply
briefing schedule, but plaintiff filed his response less than two hours later on
September 20, 2016. See dkt. 18 . A week later, on September 27, 2016, plaintiff
filed a motion (dkt. 19 ) to clarify or amend the briefing schedule to reflect that, in
light of plaintiff's quick response, defendants' reply deadline also had moved forward
commensurately. That certainly would comport with the intent of the court's
calendaring formula, but the computer actually assigned a calendar date to the reply.
That said, now that plaintiff has flagged this issue for the court, the court will speed

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things up, but not to the extend advocated by plaintiff. Defendants' reply deadline is
pushed forward to October 7, 2016. Not as fast as plaintiff wants, but still a
two-week savings. Brief in Reply due 10/7/2016. Signed by Magistrate Judge
Stephen L. Crocker on 9/27/2016. (voc) (Entered: 09/27/2016)
10/04/2016

21 Motion to Intervene by Intervenor Defendant West Bend Mutual Insurance
Company. (Mundt, Rick) (Entered: 10/04/2016)

10/04/2016

22 Brief in Support of 21 Motion to Intervene by Intervenor Defendant West Bend
Mutual Insurance Company. (Mundt, Rick) (Entered: 10/04/2016)

10/04/2016

23 Intervenor COMPLAINT, filed by West Bend Mutual Insurance Company,
(Attachments:
# 1 Exhibit A - Letter to Scott Svehla,
# 2 Exhibit B - Certified Policy BOA 1006571 01,
# 3 Exhibit C - Certified Policy BOA 1006571 03 (1 of 4),
# 4 Exhibit C - Certified Policy BOA 1006571 03 (2 of 4),
# 5 Exhibit C - Certified Policy BOA 1006571 03 (3 of 4),
# 6 Exhibit C - Certified Policy BOA 1006571 03 (4 of 4)) (Mundt, Rick) (Entered:
10/04/2016)

10/04/2016

24 Exhibit to 23 Intervenor Complaint, filed by West Bend Mutual Insurance Company,
(Attachments:
# 1 Exhibit D - Certified Policy BOA 1006571 04 (1 of 4),
# 2 Exhibit D - Certified Policy BOA 1006571 04 (2 of 4),
# 3 Exhibit D - Certified Policy BOA 1006571 04 (3 of 4),
# 4 Exhibit D - Certified Policy BOA 1006571 04 (4 of 4),
# 5 Exhibit E - Certified Policy BOA 1006571 05 (1 of 3),
# 6 Exhibit E - Certified Policy BOA 1006571 05 (2 of 3),
# 7 Exhibit E - Certified Policy BOA 1006571 05 (3 of 3)) (Mundt, Rick) (Entered:
10/04/2016)

10/04/2016

25 Exhibit to 23 Intervenor Complaint, filed by West Bend Mutual Insurance Company,
(Attachments:
# 1 Exhibit F - Certified Policy BOA 1006571 06 (1 of 3),
# 2 Exhibit F - Certified Policy BOA 1006571 06 (2 of 3),
# 3 Exhibit F - Certified Policy BOA 1006571 06 (3 of 3),
# 4 Exhibit G - Certified Policy BOA 1006571 07 (1 of 3),
# 5 Exhibit G - Certified Policy BOA 1006571 07 (2 of 3),
# 6 Exhibit G - Certified Policy BOA 1006571 07 (3 of 3)) (Mundt, Rick) (Entered:
10/04/2016)

10/04/2016

26 Exhibit to 23 Intervenor Complaint, filed by West Bend Mutual Insurance Company,
(Attachments:
# 1 Exhibit H - Certified Policy BOA 1006571 08 (1 of 2),
# 2 Exhibit H - Certified Policy BOA 1006571 08 (2 of 2),
# 3 Exhibit I - Certified Policy BOA 1006571 09 (1 of 3),
# 4 Exhibit I - Certified Policy BOA 1006571 09 (2 of 3),
# 5 Exhibit I - Certified Policy BOA 1006571 09 (3 of 3)) (Mundt, Rick) (Entered:
10/04/2016)

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10/04/2016

27 Exhibit to 23 Intervenor Complaint, filed by West Bend Mutual Insurance Company,
(Attachments:
# 1 Exhibit J - Certified Policy BOA 1006571 10 (1 of 3),
# 2 Exhibit J - Certified Policy BOA 1006571 10 (2 of 3),
# 3 Exhibit J - Certified Policy BOA 1006571 10 (3 of 3),
# 4 Exhibit K - Certified Policy CUA 1006295 01) (Mundt, Rick) (Entered:
10/04/2016)

10/04/2016

28 Exhibit to 23 Intervenor Complaint, filed by West Bend Mutual Insurance Company,
(Attachments:
# 1 Exhibit L - Certified Policy CUA 1006295 02,
# 2 Exhibit M - Certified Policy CUA 1006295 03,
# 3 Exhibit N - Certified Policy CUA 1006295 04) (Mundt, Rick) (Entered:
10/04/2016)

10/04/2016

29 Exhibit to 23 Intervenor Complaint, filed by West Bend Mutual Insurance Company
(Attachments:
# 1 Exhibit O - Certified Policy CUA 1006295 05,
# 2 Exhibit P - Certified Policy CUA 1006295 06) (Mundt, Rick) (Entered:
10/04/2016)

10/05/2016

30 Motion to Admit Daniel John Cunningham Pro Hac Vice. ( Pro Hac Vice fee $ 50
receipt number 0758-1893903.) by Intervenor Defendant West Bend Mutual
Insurance Company. Motions referred to Magistrate Judge Stephen L. Crocker.
(Cunningham, Daniel) (Entered: 10/05/2016)

10/05/2016

31 ** TEXT ONLY ORDER **
ORDER granting 30 Motion to Admit Daniel John Cunningham Pro Hac Vice.
Signed by Magistrate Judge Peter A. Oppeneer on 10/5/2016. (lak) (Entered:
10/05/2016)

10/05/2016

32 ** TEXT ONLY ORDER **
West Bend Mutual Insurance Company's motion to intervene, Dkt. 21 , is
GRANTED, and its proposed intervenor complaint,Dkt. 23 , is accepted. The
forthcoming pretrial scheduling order will set a separate, earlier summary judgment
deadline for the coverage issue. Signed by District Judge James D. Peterson on
10/5/2016. (voc) (Entered: 10/05/2016)

10/07/2016

33 Disregard. See 35 . Modified on 10/11/2016. (lak) (Entered: 10/07/2016)

10/07/2016

34 Brief in Reply by Defendants Nicholas Martin, Gerald Miller in Support of 12
Motion to Dismiss. (Fredrickson, John) (Entered: 10/07/2016)

10/10/2016

35 Brief in Reply by Defendant Scott's Brewery Collectibles, LLC in Support of 15
Motion to Dismiss. (Everts, Gregory) (Entered: 10/10/2016)

10/11/2016

Set Telephone Pretrial Conference: Telephone Pretrial Conference set for 11/8/2016
at 01:00 PM before Magistrate Judge Stephen L. Crocker. Counsel for Plaintiff
responsible for setting up the call to chambers at [phone]. [Standing Order
Governing Preliminary Pretrial Conference attached] (voc) (Entered: 10/11/2016)

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10/17/2016

36 Motion to Intervene by Intervenor Defendant Owners Insurance Company. Response
due 10/24/2016. (Graff, Ryan) (Entered: 10/17/2016)

10/17/2016

37 Brief in Support of 36 Motion to Intervene by Intervenor Defendant Owners
Insurance Company. (Graff, Ryan) (Entered: 10/17/2016)

10/17/2016

38 Disregard. See 41 . Modified on 10/18/2016. (lak) (Entered: 10/17/2016)

10/17/2016

39 Notice of Appearance filed by Ryan Ray Graff for Intervenor Defendant Owners
Insurance Company. (Graff, Ryan) (Entered: 10/17/2016)

10/17/2016

40 ANSWER to Amended Complaint, CROSSCLAIM against All Defendants,
COUNTERCLAIM against Joe Robbins by Intervenor Defendant Owners Insurance
Company. (Graff, Ryan) . Modified on 10/19/2016: See Text Only Order 43. (lak)
(Entered: 10/17/2016)

10/17/2016

41 Affidavit of Ryan R. Graff filed by Intervenor Defendant Owners Insurance
Company re: 36 Motion to Intervene, (Attachments:
# 1 Exhibit A - Businessowners policy 2013-2014 (1 of 2),
# 2 Exhibit A - Businessowners policy 2013-2014 (2 of 2),
# 3 Exhibit B - Umbrella policy 2013-2014,
# 4 Exhibit C - Businessowners policy 2014-2015 (1 of 2),
# 5 Exhibit C - Businessowners policy 2014-2015 (2 of 2),
# 6 Exhibit D - Umbrella policy 2014-2015,
# 7 Exhibit E - Businessowners policy 2015-2016 (1 of 2),
# 8 Exhibit E - Businessowners policy 2015-2016 (2 of 2),
# 9 Exhibit F - Umbrella policy 2015-2016,
# 10 Exhibit G - Businessowners policy 2016-2017 (1 of 2),
# 11 Exhibit G - Businessowners policy 2016-2017 (2 of 2),
# 12 Exhibit H - Umbrella policy 2016-2017) (Graff, Ryan) (Entered: 10/17/2016)

10/18/2016

42 Corporate Disclosure Statement by Intervenor Defendant Owners Insurance
Company. (Graff, Ryan) Modified on 10/18/2016: Corrected docketing event. (lak)
(Entered: 10/18/2016)

10/18/2016

43 ** TEXT ONLY ORDER **
Owners Insurance Company's motion to intervene, Dkt. 36 , is GRANTED. But the
court will STRIKE Owners' answer, crossclaim, and counterclaim, Dkt. 40 , because
plaintiff did not name Owners as a defendant in his amended complaint, and Owners
should not have answered it. Instead, Owners must file an intervenor complaint that
clearly sets out Owners' claims by Friday, October 21, 2016. The forthcoming
pretrial scheduling order will set a separate, earlier summary judgment deadline for
coverage issues. Signed by District Judge James D. Peterson on 10/18/2016. (voc)
(Entered: 10/18/2016)

10/21/2016

44 Intervenor COMPLAINT filed by Owners Insurance Company. (Graff, Ryan)
(Entered: 10/21/2016)

10/25/2016

45 Notice by Plaintiff Joe Robbins re: Legends of the Field. (Kleinman, Nathaniel)
(Entered: 10/25/2016)

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10/26/2016

46 ANSWER to Intervenor Complaint, COUNTERCLAIM against West Bend Mutual
Insurance Company by Defendant Scott's Brewery Collectibles, LLC. (Everts,
Gregory) Modified on 10/26/2016. (lak) (Entered: 10/26/2016)

10/26/2016

47 ANSWER by Plaintiff Joe Robbins. (McCulloch, Kevin) (Entered: 10/26/2016)

11/01/2016

48 Corporate Disclosure Statement by Defendant Scott's Brewery Collectibles, LLC.
(Everts, Gregory) (Entered: 11/01/2016)

11/02/2016

49 Joint Preliminary Pretrial Conference Report by Plaintiff Joe Robbins. (McCulloch,
Kevin) (Entered: 11/02/2016)

11/04/2016

50 ANSWER to Intervenor Complaint by Defendant Pharmacy Station, Inc. (Ratzel,
James) (Entered: 11/04/2016)

11/07/2016

51 ANSWER to Intervenor Complaint by Plaintiff Joe Robbins. (McCulloch, Kevin)
(Entered: 11/07/2016)

11/08/2016

Minute Entry for proceedings held before Magistrate Judge Stephen L. Crocker:
Telephone Preliminary Pretrial Conference held on 11/8/2016 [:25] (cak) (Entered:
11/08/2016)

11/08/2016

52 Corporate Disclosure Statement by Intervenor Defendant West Bend Mutual
Insurance Company. (Mundt, Rick) (Entered: 11/08/2016)

11/08/2016

53 Reply to Counterclaim by Intervenor Defendant West Bend Mutual Insurance
Company. (Mundt, Rick) (Entered: 11/08/2016)

11/09/2016

54 Corporate Disclosure Statement by Intervenor Defendant Owners Insurance
Company. (Graff, Ryan) (Entered: 11/09/2016)

11/10/2016

55 Standing Order Relating to the Discovery of Electronically Stored Information in a
Complex Civil Lawsuit. Signed by Magistrate Judge Stephen L. Crocker on
11/10/2016. (voc) (Entered: 11/10/2016)

11/11/2016

56 Waiver of Service Returned Executed by Defendant Scott Svehla. Scott Svehla
waiver sent on 10/26/2016, answer due 12/27/2016. (McCulloch, Kevin) (Entered:
11/11/2016)

11/15/2016

57 Pretrial Conference Order - Motion to Certify Class under Rule 23 due 7/31/2017.
Dispositive Motions due 1/29/2018. Settlement Letters due 6/1/2018. Motions in
Limine due 6/15/2018. Response to Motion due 6/29/2018. Final Pretrial Conference
set for 7/18/2018 at 04:00 PM. Jury Selection and Trial set for 7/30/2018 at 09:00
AM. Signed by Magistrate Judge Stephen L. Crocker on 11/15/16. (voc) (Entered:
11/15/2016)

11/22/2016

58 Rule 26 Initial Disclosure Report by Defendant Pharmacy Station, Inc. (Ratzel,
James) (Entered: 11/22/2016)

11/22/2016

59 ORDER granting 12 Motion to Dismiss by Defendants Nicholas Martin, Gerald
Miller and Sports-4-Less; granting 15 Motion to Dismiss by Defendants Scott's
Brewery Collectibles and LLC, Scott Svehla and Dismissing plaintiff's case without
prejudice. Signed by District Judge James D. Peterson on 11/22/2016. (jls) Modified
on 11/29/2016 (voc). (Entered: 11/22/2016)

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11/22/2016

60 JUDGMENT entered in favor of Defendants Nicholas Martin, Gerald Miller,
Pharmacy Station, Inc., Scott's Brewery Collectibles, LLC, Sports-4-Less, and Scott
Svehla dismissing the case. (jls) (Entered: 11/22/2016)

11/23/2016

61 Report on Filing of Copyright Action. Copy mailed to Copyright Office.
(Attachments:
# 1 Opinion & Order,
# 2 Judgment) (jls) (Entered: 11/23/2016)

12/14/2016

62 NOTICE OF APPEAL by Plaintiff Joe Robbins as to 59 Order on Motion to
Dismiss, 60 Judgment. Filing fee of $ 505, receipt number 0758-1934953 paid.
Docketing Statement filed. (Attachments:
# 1 Docketing Statement) (McCulloch, Kevin) (Entered: 12/14/2016)

12/15/2016

63 Appeal Information Packet. (lak) (Entered: 12/15/2016)

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