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DOCKET 1:04cv05395
Case Name: Ellefson v. Megadeth, Inc. et al
Status: Terminated
Terminated: 01/31/2005
Disposition: Judgment - Other
Filed: 7/12/2004
Court: New York Southern District Court
Assigned to: Naomi Reice Buchwald
Jury demand: None
Nature of Suit: Property Rights - Copyrights (820)
Jurisdiction: Federal Question
Basis: 17:101 Copyright Infringement
Origin: 1
Office: Foley Square
County: XX Out of State
Flags: CLOSED, ECF

PARTIES and ATTORNEYS
Plaintiff(s)
 David Ellefson, Plaintiff

Defendant(s)
 David Mustaine, Defendant
 John Does, Defendant
 Majestic IV, Inc., Defendant
 Megadeth, Inc., Defendant
 Megamerch, Inc., Defendant

DOCKET DETAIL
07-12-20041COMPLAINT against John Does, Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Filing Fee $ 150.00, Receipt Number 514211)Document filed by David Ellefson.(jjm, ) Additional attachment(s) added on 7/13/2004 (jjm, ). (Entered: 07/13/2004)
07-12-20041.1SUMMONS ISSUED as to John Does, Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (jjm, ) (Entered: 07/13/2004)
07-12-20041.2Magistrate Judge Andrew J. Peck is so designated. (jjm, ) (Entered: 07/13/2004)
07-12-20041.3Case Designated ECF. (jjm, ) (Entered: 07/13/2004)
07-12-20041.4SUMMONS ISSUED as to John Does, Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (jjm, ) (Entered: 07/13/2004)
07-12-20041.5Magistrate Judge Andrew J. Peck is so designated. (jjm, ) (Entered: 07/13/2004)
07-12-20041.6Case Designated ECF. (jjm, ) (Entered: 07/13/2004)
07-13-20042AFFIDAVIT OF SERVICE of Summons and Complaint. Majestic IV, Inc. served on 7/13/2004, answer due 8/2/2004; Megadeth, Inc. served on 7/13/2004, answer due 8/2/2004; Megamerch, Inc. served on 7/13/2004, answer due 8/2/2004; David Mustaine served on 7/13/2004, answer due 8/2/2004. Service was made by FEDEX Courier. Document filed by David Ellefson. (Jacobs, Randall) (Entered: 07/13/2004)
08-31-20044MOTION (FILED ON SERVICE DATE) for Charles J. Harder to Appear Pro Hac Vice. Document filed by Megadeth, Inc. (kw, ) Additional attachment(s) added on 9/10/2004 (kw, ). (Entered: 09/10/2004)

ORDER 5
Transmission 5.1
CASHIERS OFFICE REMARK 8.1

09-07-20043FIRST AMENDED COMPLAINT against all defendants.Document filed by David Ellefson.(Jacobs, Randall) (Entered: 09/07/2004)
10-07-20043.1Minute Entry for proceedings held before Judge Naomi Reice Buchwald : Telephone Conference held on 10/7/2004. (jco, ) (Entered: 10/14/2004)
10-08-20045ORDER granting [4] Motion for Charles J. Harder to Appear Pro Hac Vice. (Signed by Judge Naomi Reice Buchwald on 10/7/04) (kw, ) (Entered: 10/08/2004)

Transmission 5.1
CASHIERS OFFICE REMARK 8.1

10-08-20045.1Transmission to Attorney Admissions Clerk. Transmitted re: [5] Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (kw, ) (Entered: 10/08/2004)
10-15-20046ORDER: the settlement agreement may be filed under seal by designating and treating it as a "Sealed Document". (Signed by Judge Naomi Reice Buchwald on 10/14/04) (kw, ) (Entered: 10/15/2004)
10-21-20047MOTION to Dismiss Notice of Motion to Enforce Settlement Agreement and Dismiss Action, or in the Alternative to Dismiss or Transfer the Action Pursuant to the Applicable Forum Selection Clause. Document filed by Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Charron, William) (Entered: 10/21/2004)

MEMORANDUM OF LAW MOTION 11
AFFIDAVIT , MOTION 12
MOTION 16
RESPONSE MOTION 17
ORDER 18

10-21-20048MOTION to Dismiss Memorandum of Points and Authorities in Support of Mustaine Defendant's Motion to Enforce Settlement Agreement and Dismiss the Action, or in the Alternative to Dismiss or Transfer the Action Pursuant to the Applicable Forum Selection Clause. Document filed by Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Charron, William) (Entered: 10/21/2004)

REPLY MEMORANDUM OF LAW MOTION 13
REPLY AFFIDAVIT MOTION 14 15

10-21-20048.1CASHIERS OFFICE REMARK on [5] Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 10/13/2004, Receipt Number 522801. (kkc, ) (Entered: 10/21/2004) (LM)
10-21-200410MOTION to Dismiss Declaration of Andrew Lurie in Support of Mustaine Defendants' Motions to Enforce Settlement Agreement and Dismiss the Case, Etc. and attached Exhibits A-H. Document filed by Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Charron, William) (Entered: 10/21/2004)
11-04-200411MEMORANDUM OF LAW in Opposition re: [7] MOTION to Dismiss Notice of Motion to Enforce Settlement Agreement and Dismiss Action, or in the Alternative to Dismiss or Transfer the Action Pursuant to the Applicable Forum Selection Clause.. Document filed by David Ellefson. (Jacobs, Randall) (Entered: 11/04/2004)
11-05-200412AFFIDAVIT of Kenneth J. Abdo and David Ellefson in Opposition re: [7] MOTION to Dismiss Notice of Motion to Enforce Settlement Agreement and Dismiss Action, or in the Alternative to Dismiss or Transfer the Action Pursuant to the Applicable Forum Selection Clause.. Document filed by David Ellefson. (Jacobs, Randall) (Entered: 11/05/2004)

MOTION 16
RESPONSE MOTION 17

11-12-200413REPLY MEMORANDUM OF LAW in Support re: [8] MOTION to Dismiss Memorandum of Points and Authorities in Support of Mustaine Defendant's Motion to Enforce Settlement Agreement and Dismiss the Action, or in the Alternative to Dismiss or Transfer the Action Pursuant to the Applicable Forum S. Document filed by Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Charron, William) (Entered: 11/12/2004)
11-12-200414REPLY AFFIDAVIT of Andrew Lurie in Support re: [8] MOTION to Dismiss Memorandum of Points and Authorities in Support of Mustaine Defendant's Motion to Enforce Settlement Agreement and Dismiss the Action, or in the Alternative to Dismiss or Transfer the Action Pursuant to the Applicable Forum S. Document filed by Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Charron, William) (Entered: 11/12/2004)
11-12-200415REPLY AFFIDAVIT of Gary Gilbert in Support re: [8] MOTION to Dismiss Memorandum of Points and Authorities in Support of Mustaine Defendant's Motion to Enforce Settlement Agreement and Dismiss the Action, or in the Alternative to Dismiss or Transfer the Action Pursuant to the Applicable Forum S. Document filed by Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Charron, William) (Entered: 11/12/2004)
11-15-200416MOTION to Strike [12] Affidavit in Opposition to Motion, Mustaine Defendants' Evidentiary Objections and Motion to Strike Portions of Affidavits of David Ellefson and Kenneth J. Abdo. Document filed by Majestic IV, Inc., Megadeth, Inc., Megamerch, Inc., David Mustaine. (Huff, Stephen) (Entered: 11/15/2004)

11-24-200417RESPONSE in Opposition re: [16] MOTION to Strike [12] Affidavit in Opposition to Motion, Mustaine Defendants' Evidentiary Objections and Motion to Strike Portions of Affidavits of David Ellefson and Kenneth J. Abdo. Memorandum. Document filed by David Ellefson. (Jacobs, Randall) (Entered: 11/24/2004)
01-13-200517.1Transmission to Judgments and Orders Clerk. Transmitted re: [19] Order,, to the Judgments and Orders Clerk for preparation of Judgment. (yv, ) (Entered: 01/31/2005)
01-13-200518ORDER granting [7] Motion to Dismiss. For the reasons further set forth in this Order, defendants' motion enforce the settlement agreement is granted, and plaintiff's action is dismissed. The Clerk of the Court is respectfully requested to close this case on the Court's docket (Signed by Judge Naomi Reice Buchwald on 1/12/05) Copies mailed by Chambers.(yv, ) (Entered: 01/14/2005)
01-13-200519MEMORANDUM AND ORDER. For the reasons further set forth in this Order, defendants' motion to enforce the settlement agreement is granted, and plaintiff's action is dismissed. The Clerk of the Court is respectfully requested to close this case on the Court's docket (Signed by Judge Naomi Reice Buchwald on 1/12/05) Copies mailed by Chambers.(yv, ) (Entered: 01/31/2005)

Transmission 17.1

01-31-200520CLERK'S JUDGMENT granting defendants? motion to enforce the settlement agreement, and dismissing plaintiff?s action. (Signed by Judge Naomi Reice Buchwald on 1/31/05) (ml, ) (Entered: 02/01/2005)
02-10-200521ENDORSED LETTER addressed to Judge Buchwald from Randall S.D. Jacobs dated 2/1/05 re: request that the Court extend plaintiff's time in which to file motion to reconsider and to file its notice of appeal. Application denied as counsel was previously been informed orally (Signed by Judge Naomi Reice Buchwald on 2/8/05) (yv, ) (Entered: 02/14/2005)

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