Docket Entries Since Last Update
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Court Dockets
U.S. District Court
EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:19-cv-00250-FL
EASTERN DISTRICT OF NORTH CAROLINA (Western Division)
CIVIL DOCKET FOR CASE #: 5:19-cv-00250-FL
Epic Games, Inc. v. C.B.
DOCKET INFORMATION
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| Plaintiff |
Epic Games, Inc.
Plaintiff
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| Representation | |||
| Catharine B. Arrowood Parker Poe Adams & Bernstein P.O. Box 389 Raleigh, NC 27602-0389 (919) 828-0564 Fax: 834-4564 cbarrowood@parkerpoe.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | Catherine R.L. Lawson Parker, Poe, Adams & Bernstein, LLP 301 Fayetteville Street, Suite 1400 Post Office Box 389 Raleigh, NC 27602-0389 (919) 835-4640 Fax: (919) 828-0564 catherinelawson@parkerpoe.com PNC Plaza ATTORNEY TO BE NOTICED | Christopher M. Thomas Parker, Poe, Adams & Bernstein, LLP 301 Fayetteville Street, Suite 1400 Post Office Box 389 Raleigh, NC 27602-0389 (919) 828-0564 Fax: (919) 834-4564 christhomas@parkerpoe.com PNC Plaza ATTORNEY TO BE NOTICED | |
| Defendant |
C. B.
Defendant
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| Representation | |||
| Jonathan D. Sasser Ellis & Winters, LLP P.O. Box 33550 Raleigh, NC 27636 (919) 865-7000 Fax: (919) 865-7010 jon.sasser@elliswinters.com LEAD ATTORNEY ATTORNEY TO BE NOTICED | |||
Numbers shown are court assigned numbers.
| Entry | Filed | Description | |
|---|---|---|---|
| 1 | Jun 18, 2019 | View | COMPLAINT against C. B. ( Filing fee $ 400 receipt number 0417-4987414.), filed by Epic Games, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Screenshot, # 3 Exhibit B - Screenshot discussing cheating, # 4 Exhibit C - Epic trademark registrations, # 5 Exhibit D - Terms of service, # 6 Exhibit E - Fortnite EULA, # 7 Exhibit D - Screen print of Defendant's Community page, # 8 Exhibit G - Screen print of Defendant's YouTube Community page, # 9 Exhibit H - Counter notification (with redaction), # 10 Exhibit I - Screen print Defendant's YouTube Community page, # 11 Exhibit J - Screen print of Defendant's YouTube Community page, # 12 Exhibit K - Screen print of ShopCamDad's Shoppy page, # 13 Exhibit L - Screen print of ShopCamDad's Shoppy purchase page, # 14 Exhibit M - Screen print of ShopCamDad's Shoppy page, # 15 Exhibit N - Screen print of ShopCamDad's Shoppy page, # 16 Exhibit O - Screen print of ShopCamDad's Shoppy page, # 17 Civil Cover Sheet) (Thomas, Christopher) (Entered: 06/18/2019) |
| 2 | Jun 18, 2019 | Request | SEALED Document: (Selected Participants Only)by Plaintiff (available to: Defendant C. B., Plaintiff Epic Games, Inc.). (Thomas, Christopher) Modified on 6/20/2019 to seal pursuant to Order 9 . (Collins, S.). (Entered: 06/18/2019) |
| 3 | Jun 18, 2019 | Request | MOTION to Seal 2 PROPOSED SEALED Document (Civil Summons) filed by Epic Games, Inc.. (Attachments: # 1 Text of Proposed Order) (Thomas, Christopher) (Entered: 06/18/2019) |
| 4 | Jun 18, 2019 | View | Memorandum in Support regarding 3 MOTION to Seal 2 PROPOSED SEALED Document (Civil Summons) filed by Epic Games, Inc.. (Thomas, Christopher) (Entered: 06/18/2019) |
| 5 | Jun 18, 2019 | Request | Financial Disclosure Statement by Epic Games, Inc. (Thomas, Christopher) (Entered: 06/18/2019) |
| 6 | Jun 18, 2019 | Request | Notice of Appearance filed by Christopher M. Thomas on behalf of Epic Games, Inc.. (Thomas, Christopher) (Entered: 06/18/2019) |
| 7 | Jun 18, 2019 | Request | Notice of Appearance filed by Catherine R.L. Lawson on behalf of Epic Games, Inc.. (Lawson, Catherine) (Entered: 06/18/2019) |
| Jun 19, 2019 | Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/attorney/mediators.aspx. Please serve this list on all parties. (Horton, B.) (Entered: 06/19/2019) | ||
| 8 | Jun 20, 2019 | Request | SEALED Document: Civil Summons. (Collins, S.) (Entered: 06/20/2019) |
| Jun 20, 2019 | Summons Issued as to C. B. in DE 8 . *NOTICE: Counsel shall print the summons issued and serve with other case opening documents in accordance with Fed.R.Civ.P.4.* (Collins, S.) (Entered: 06/20/2019) | ||
| 9 | Jun 20, 2019 | Request | ORDER granting 3 Motion to Seal 2 PROPOSED SEALED Document (Civil Summons). Signed by District Judge Louise Wood Flanagan on 6/20/2019. (Collins, S.) (Entered: 06/20/2019) |
| 10 | Jul 2, 2019 | Request | Notice of Appearance filed by Catharine B. Arrowood on behalf of Epic Games, Inc.. (Arrowood, Catharine) (Entered: 07/02/2019) |
| 11 | Jul 3, 2019 | Request | Affidavit of Service for Complaint and Summons filed by Epic Games, Inc. served on Defendant C.B. on 06/22/2019. (Attachments: # 1 Exhibit A - FedEx Proof of Delivery, # 2 Exhibit B- Screenshot of YouTube Video, # 3 Exhibit C - Instagram photo) (Thomas, Christopher) (Entered: 07/03/2019) |
| 12 | Jul 12, 2019 | Request | Notice of Appearance filed by Jonathan D. Sasser on behalf of C. B.. (Sasser, Jonathan) (Entered: 07/12/2019) |
| 13 | Jul 12, 2019 | Request | Financial Disclosure Statement by C. B. (Sasser, Jonathan) (Entered: 07/12/2019) |
| 14 | Jul 12, 2019 | Request | MOTION for Extension of Time to File Answer regarding 1 Complaint,,,, filed by C. B.. (Attachments: # 1 Text of Proposed Order) (Sasser, Jonathan) (Entered: 07/12/2019) |
| Jul 15, 2019 | Motion Referred to Peter A. Moore, Jr., Clerk of Court regarding 14 MOTION for Extension of Time to File Answer regarding 1 Complaint. (Collins, S.) (Entered: 07/15/2019) | ||
| 15 | Jul 15, 2019 | Request | ORDER granting 14 Motion for Extension of Time to Answer regarding 1 Complaint. C. B. answer due 8/5/2019. Signed by Peter A. Moore, Jr., Clerk of Court on 7/15/2019. (Collins, S.) (Entered: 07/15/2019) |
| 16 | Aug 5, 2019 | View | MOTION to Dismiss for Lack of Jurisdiction filed by C. B.. (Attachments: # 1 Text of Proposed Order) (Sasser, Jonathan) (Entered: 08/05/2019) |
| 17 | Aug 5, 2019 | View | Memorandum in Support regarding 16 MOTION to Dismiss for Lack of Jurisdiction filed by C. B.. (Sasser, Jonathan) (Entered: 08/05/2019) |
| 18 | Aug 5, 2019 | View | Declaration regarding 17 Memorandum in Support, 16 MOTION to Dismiss for Lack of Jurisdiction by C. B. filed by C. B.. (Attachments: # 1 Exhibit 1. Where are the Fortnite servers located) (Sasser, Jonathan) (Entered: 08/05/2019) |
| 19 | Aug 5, 2019 | Request | SEALED Declaration (Selected Participants Only)by C.B. (available to: Defendant C. B., Plaintiff Epic Games, Inc.) regarding 17 Memorandum in Support, 16 MOTION to Dismiss for Lack of Jurisdiction . (Sasser, Jonathan) Modified on 10/21/2019 to seal pursuant to Text Order entered this date. (Collins, S.). (Entered: 08/05/2019) |
| 20 | Aug 5, 2019 | Request | MOTION to Seal Document 19 PROPOSED SEALED Declaration, filed by C. B.. (Attachments: # 1 Text of Proposed Order) (Sasser, Jonathan) (Entered: 08/05/2019) |
| Aug 6, 2019 | Notice to Counsel regarding: 18 Declaration, 16 Motion to Dismiss/Lack of Jurisdiction, 20 Motion to Seal Document, 17 Memorandum in Support. In future filings, counsel should indicate the division in accordance with Local Civil Rule 10.1(b) and 40.1(b) and (c). (Collins, S.) (Entered: 08/06/2019) | ||
| Aug 7, 2019 | TEXT ORDER - Where defendant has filed a motion to dismiss, good cause appears to delay the parties' scheduling conference activities, and deadline for provision of their joint report and plan, where ordinarily at this juncture the court would trigger these activities in preface to its entry of a case management order through issuance of initial order regarding planning and scheduling. Unless a party raises objection to a stay of these activities, pending completion of briefing on the motion now at issue, and decision thereon by this court, in filing due within 14 days from date of entry of this order, the court will stay that aspect of the case so as to promote focus on the issues raised in defendant's motion. Signed by District Judge Louise Wood Flanagan on 8/7/2019. (Collins, S.) (Entered: 08/07/2019) | ||
| 21 | Aug 26, 2019 | View | Declaration of John Farnsworth by Epic Games, Inc. (Lawson, Catherine) (Entered: 08/26/2019) |
| 22 | Aug 26, 2019 | Request | Declaration of Catherine Lawson by Epic Games, Inc. (Attachments: # 1 Index to Exhibits, # 2 Exhibit 1) Screen-print of Epic Games Store homepage, # 3 Exhibit 2) Screen-print of Epic Games Store page for Fortnite Battle Royale, # 4 Exhibit 3) Screen-print of Epic Games Create Account page, # 5 Exhibit 4) Screen-prints of Defendant's YouTube channel "CBV", # 6 Exhibit 5) Defendant's online video published 6/21/19 - to be filed manually, # 7 Exhibit 6) Defendant's online video published 6/22/19 - to be filed manually, # 8 Exhibit 7) Screen-prints of Defendant's YouTube video published 6/22/19, # 9 Exhibit 8) Screen-print of YouTube channel "NotDiscord", # 10 Exhibit 9) Defendant's online video published 7/15/19 - to be filed manually, # 11 Exhibit 10) Screen-print of Defendant's registration of website "NexusCheats.us", # 12 Exhibit 11) Screen-print of comments on Defendant's "CBV" YouTube channel, # 13 Exhibit 12) Screen-print of Defendant's website NexusCheats.us) (Lawson, Catherine) (Entered: 08/26/2019) |
| 23 | Aug 26, 2019 | View | RESPONSE to Motion regarding 16 MOTION to Dismiss for Lack of Jurisdiction filed by Epic Games, Inc.. (Lawson, Catherine) (Entered: 08/26/2019) |
| 24 | Aug 26, 2019 | Request | MOTION for Leave to File Exhibits Manually filed by Epic Games, Inc.. (Attachments: # 1 Text of Proposed Order) (Lawson, Catherine) (Entered: 08/26/2019) |
| 25 | Sep 6, 2019 | Request | Consent MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Dismiss for Lack of Jurisdiction , 23 Response to Motion filed by C. B.. (Attachments: # 1 Text of Proposed Order) (Sasser, Jonathan) (Entered: 09/06/2019) |
| 26 | Sep 6, 2019 | Request | ORDER granting 25 Motion for Extension of Time to File Response/Reply regarding 16 MOTION to Dismiss for Lack of Jurisdiction - Replies due by 9/16/2019. Signed by District Judge Louise Wood Flanagan on 9/6/2019. (Tripp, S.) (Entered: 09/06/2019) |
| Sep 18, 2019 | Motions Submitted to District Judge Louise Wood Flanagan regarding 16 MOTION to Dismiss for Lack of Jurisdiction , 20 MOTION to Seal Document 19 PROPOSED SEALED Declaration, , 24 MOTION for Leave to File Exhibits Manually. (Collins, S.) (Entered: 09/18/2019) | ||
| 27 | Sep 26, 2019 | Request | Notice filed by C. B. regarding 16 MOTION to Dismiss for Lack of Jurisdiction Withdrawing Motion with Prejudice. (Sasser, Jonathan) (Entered: 09/26/2019) |
| 28 | Sep 26, 2019 | Request | Consent MOTION for Entry of Order of Approval filed by C. B.. (Attachments: # 1 Exhibit 1. Declaration of Kari Bennett, # 2 Text of Proposed Order) (Sasser, Jonathan) (Entered: 09/26/2019) |
| 29 | Sep 26, 2019 | Request | Memorandum in Support regarding 28 Consent MOTION for Entry of Order of Approval filed by C. B.. (Sasser, Jonathan) (Entered: 09/26/2019) |
| 30 | Sep 26, 2019 | Request | SEALED Document: (Selected Participants Only)by C.B. (available to: Defendant C. B., Plaintiff Epic Games, Inc.) regarding 28 Consent MOTION for Entry of Order of Approval . (Sasser, Jonathan) Modified on 10/21/2019 to seal pursuant to Text Order entered this date. (Collins, S.). (Entered: 09/26/2019) |
| 31 | Sep 26, 2019 | Request | Consent MOTION to Seal Document 30 PROPOSED SEALED Document filed by C. B.. (Attachments: # 1 Text of Proposed Order) (Sasser, Jonathan) (Entered: 09/26/2019) |
| 32 | Sep 26, 2019 | Request | Memorandum in Support regarding 31 Consent MOTION to Seal Document 30 PROPOSED SEALED Document filed by C. B.. (Sasser, Jonathan) (Entered: 09/26/2019) |
| Sep 26, 2019 | Motion Submitted to District Judge Louise Wood Flanagan regarding 28 Consent MOTION for Entry of Order of Approval. (Collins, S.) (Entered: 09/26/2019) | ||
| 33 | Sep 27, 2019 | Request | ORDER OF APPROVAL granting 28 Consent MOTION for Entry of Order of Approval. Counsel is reminded to read the order in its entirety for critical information. Signed by District Judge Louise Wood Flanagan on 9/27/2019. (Collins, S.) (Entered: 09/27/2019) |
| Oct 18, 2019 | Motion Submitted to District Judge Louise Wood Flanagan regarding 31 Consent MOTION to Seal Document 30 PROPOSED SEALED Document. (Collins, S.) (Entered: 10/18/2019) | ||
| 34 | Oct 21, 2019 | View | Consent MOTION for Permanent Injunction filed by Epic Games, Inc.. (Attachments: # 1 Text of Proposed Order Stipulated Order and Permanent Injunction on Consent) (Thomas, Christopher) (Entered: 10/21/2019) |
| Oct 21, 2019 | Motion Submitted to District Judge Louise Wood Flanagan regarding 34 Consent MOTION for Permanent Injunction. (Collins, S.) (Entered: 10/21/2019) | ||
| Oct 21, 2019 | TEXT ORDER - This matter comes before the court on defendant's motions to seal pursuant to Rule 5.2 of the Federal Rules of Civil Procedure 20 , 31 . Also pending before the court is plaintiff's motion for leave to file exhibits manually 24 . Where defendant withdrew his motion to dismiss, and where plaintiff's motion for leave to file exhibits was in opposition to said motion, plaintiff's motion for leave to file exhibits manually 24 is DENIED AS MOOT. The court has reviewed defendant's motions to seal and determined that the privacy interests extended to personal and private information of minor defendant outweigh the presumption of access to such information. The court has determined alternatives to sealing are inadequate in this instance. Accordingly, defendant's motions to seal 20 , 31 are GRANTED. Signed by District Judge Louise Wood Flanagan on 10/21/2019. (Collins, S.) (Entered: 10/21/2019) | ||
| 35 | Oct 21, 2019 | View | STIPULATED ORDER AND PERMANENT INJUNCTION ON CONSENT granting 34 Motion for Permanent Injunction. Counsel is reminded to read the order in its entirety for critical information. Signed by District Judge Louise Wood Flanagan on 10/21/2019. (Collins, S.) (Entered: 10/21/2019) |