2nd Appellate District

Docket (Register of Actions)

De Havilland v. Pacific 2.1 Entertainment Group, Inc. et al.
Division 3
Case Number B285629
Date Description Notes
10/13/2017 Notice of appeal lodged/received. Notice of Appeal filed 10/10/2017 by FX Networks, LLC et al.
10/17/2017 Filing fee. Check#1010339 for $775.
10/16/2017 Motion filed. Respondent's Motion for Calendar Preference.
10/17/2017 Civil case information statement filed. Defendant and Appellant: FX Networks, LLC
Attorney: Glenn D. Pomerantz
Defendant and Appellant: Pacific 2.1 Entertainment Group, Inc.
Attorney: Glenn D. Pomerantz
10/18/2017 Opposition filed. by Appellants
10/26/2017 Order filed. The court has considered respondent's motion for calendar preference filed on October 16, 2017. Respondent's motion for calendar preference is granted as follows: Appellant are directed to serve and file their opening brief and appellants' appendix no later than Monday, December 4, 2017. Respondent shall have up to and including Tuesday, December 26, 2017, to serve and file the respondent's brief. Appellants have 20 days to serve and file a reply brief, with the 20-day period beginning to run on the date the respondent's brief is served and filed. No extensions of time will be granted, except for good cause shown. Oral argument in this matter shall be set on an expedited basis. (E)
12/04/2017 Exhibits lodged. Stipulation re:
Lodging Exhibit 54 (54 only) (8 DVDs. ) Attached Copy of notice to Superior Court to transfer trial exhibits to the Court of Appeal.
12/04/2017 Joint appendix filed. Joint appendix volume 2
12/04/2017 Joint appendix filed. Joint Appendix volume 1
12/04/2017 Joint appendix filed. Joint Appendix Vol 3
12/04/2017 Joint appendix filed. Joint Appendix volume 4
12/04/2017 Filed proof of service. RE: Joint Appendix
12/04/2017 Filed proof of service. of Stipulation (1) Lodging DVDs and (2) Attaching CRC Rule 8.224 Notice Designating Exhibits to be Transmitted to the Court of Appeal.
12/04/2017 Appellant's opening brief. Defendant and Appellant: FX Networks, LLC
Attorney: Glenn D. Pomerantz
Defendant and Appellant: Pacific 2.1 Entertainment Group, Inc.
Attorney: Glenn D. Pomerantz
12/05/2017 Filed proof of service. re: Appellant's Opening Brief
12/22/2017 Respondent's brief. Plaintiff and Respondent: Olivia De Havilland
Attorney: Suzelle M. Smith
12/26/2017 Filed proof of service. to respondent's brief
01/11/2018 Appellant's reply brief. Defendant and Appellant: FX Networks, LLC
Attorney: Glenn D. Pomerantz
Defendant and Appellant: Pacific 2.1 Entertainment Group, Inc.
Attorney: Glenn D. Pomerantz
01/11/2018 Filed proof of service. To Appellant's Reply Brief
01/12/2018 Case fully briefed.
01/12/2018 Filed proof of service. To appellant's reply brief
01/12/2018 Reporter's transcript filed. R-1
01/24/2018 Application to file amicus curiae brief filed by: Intellectual Property and Constitutional Law Professors in support of appellants
01/25/2018 Application to file amicus curiae brief filed by: APPLICATION FOR LEAVE TO FILE AMICUS CURIAE BRIEF; AMICUS CURIAE BRIEF OF MOTION PICTURE ASSOCIATION OF AMERICA, INC. AND NETFLIX, INC. IN SUPPORT OF FX NETWORKS, LLC AND PACIFIC 2.1 ENTERTAINMENT GROUP, INC.**AMICUS BRIEF IS ATTACHED TO THE APPLICATION --SEE PAGE 15**
01/25/2018 Application to file amicus curiae brief filed by: APPLICATION OF A&E TELEVISION NETWORKS, LLC; DISCOVERY COMMUNICATIONS, LLC; IMPERATIVE ENTERTAINMENT, LLC; URBAN ONE, INC.; CRITICAL CONTENT, LLC; REPORTERS COMMITTEE FOR FREEDOM OF THE PRESS; AND FIRST AMENDMENT COALITION TO SUBMIT AMICI CURIAE BRIEF IN SUPPORT OF DEFENDANTSAPPELLANTS; [PROPOSED] ORDER
01/25/2018 Application to file amicus curiae brief filed by: APPLICATION OF ELECTRONIC FRONTIER FOUNDATION,
ORGANIZATION FOR TRANSFORMATIVE WORKS, AND
WIKIMEDIA FOUNDATION TO FILE BRIEF OF AMICI CURIAE
IN SUPPORT OF DEFENDANTS - APPELLANTS;
01/25/2018 Application to file amicus curiae brief filed by: By Screen Actors Guild American Federation of Television and Radio Artists
***AMICUS BRIEF ATTACHED TO APPLICATION***
01/26/2018 Filed proof of service. To Application & Amicus Brief (Screen Actors Guild)
01/29/2018 Order filed. The applications by Motion Picture Association of America, Inc., Netflix, Inc., A&E Television Networks, LLC, Discovery Communications, LLC, Imperative Entertainment, LLC, Urban One, Inc., Critical Content, LLC, Reporters Committee for Freedom of the Press, First Amendment Coalition, Intellectual Property and Constitutional Law Professors, Electronic Frontier Foundation, Organization for Transformative Works, Wikimedia Foundation, Screen Actors Guild, and American Federation of Television and Radio Artists to file briefs amici curiae in this case are granted. The briefs are deemed filed as of the date of this order. The parties may file answers to these briefs on or before February 23, 2018. (Cal. Rules of Court, rule 8.200(c)(6).) (E)
01/29/2018 Amicus curiae brief filed by: Amicus curiae: Intellectual Property and Constitutional Law Professors
Attorney: Eugene Volokh
Attorney: Jennifer Elise Rothman
01/29/2018 Amicus curiae brief filed by: Amicus curiae: A&E Television Networks, LLC; Discovery Communications, LLC, et al.
Attorney: Kelli L. Sager A&E TELEVISION NETWORKS, LLC;
DISCOVERY COMMUNICATIONS, LLC; IMPERATIVE
ENTERTAINMENT, LLC; URBAN ONE, INC.; CRITICAL
CONTENT, LLC; REPORTERS COMMITTEE FOR FREEDOM OF
THE PRESS; AND FIRST AMENDMENT COALITION IN
SUPPORT OF DEFENDANTS-APPELLANTS
01/29/2018 Amicus curiae brief filed by: Amicus curiae: Electronic Frontier Foundation, et al.
Attorney: Daniel Kelly Nazer Proposed BRIEF OF AMICI CURIAE ELECTRONIC FRONTIER
FOUNDATION, ORGANIZATION FOR TRANSFORMATIVE
WORKS, AND WIKIMEDIA FOUNDATION IN SUPPORT OF
DEFENDANTS APPELLANTS
01/29/2018 Amicus curiae brief filed by: Amicus curiae: International Documentary Association
Attorney: Jack Ivan Lerner AMICUS CURIAE BRIEF OF INTERNATIONAL DOCUMENTARY ASSOCIATION IN SUPPORT OF DEFENDANTS-APPELLANTSAC BRIEF FILED 1-29-18 STRICKEN AND REFILED 1-30-18. See order dated 1-30-18 **********************************************************
01/30/2018 Order filed. The Amicus Brief of International Documentary Association, filed on January 29,
2018, is hereby stricken. Leave to file that Brief is granted, and it is deemed filed as of
January 30, 2018. Edmon, P.J.
01/30/2018 Amicus curiae brief filed by: Amicus curiae: International Documentary Association
Attorney: Jack Ivan Lerner International Documentary Association
02/08/2018 Calendar notice sent electronically. Calendar date: 3/20/18 at 1:30 p.m. (USC)
02/16/2018 Exhibits lodged. One Box with Appellants' Notice of Lodging (Exhibits lodged by the law firm of Munger, Tolles & Olson LLP.)
02/20/2018 Request filed to: Amici Curiae Intellectual Property and Constitutional Law Professors for permission to present oral argument in support of appellants Pacific 2.1 Entertainment Group et al.
02/20/2018 Calendar notice returned with proof of service. Calendar notice by AMICI CURIAE INTELLECTUAL PROPERTY AND CONSTITUTIONAL LAW PROFESSORS , IN SUPPORT OF APPELLANTS PACIFIC 2.1 ENTERTAINMENT GROUP, et al.
(10 minutes, Atty Jennifer E. Rothman)NOTE: See order dated 2/21/18
02/20/2018 Response filed: Response to Request by Amici Curiae for Additional Time to Present Oral Argument
02/20/2018 Calendar notice returned with proof of service. Respondent (Suzelle Smith, 30 minutes)
02/21/2018 Order filed. Good cause appearing, the Court grants the request of amicus curiae Intellectual Property and Constitutional Law Professors to present 10 minutes of oral argument in support of appellants. Pursuant to California Rules of Court, rule 8.256(c), the Court now rules as follows:
Each side is allowed 30 minutes for argument. Therefore, the Court denies the request by respondent for an additional 10 minutes to respond to the argument of the above amicus curiae.
In addition, the Court will expand the time for oral argument by up to 30 minutes (not more than 15 minutes for each side) to allow amici curiae to argue.
The sequence of argument shall be as follows: (1) opening argument by appellants; (2) amicus curiae in support of appellants; (3) respondent's argument; (4) oral argument by any amicus curiae in support of respondent; and (5) rebuttal. Calendar notices shall be submitted by any amici curiae who seek to present oral argument. Edmon, P.J.
02/21/2018 Calendar notice returned with proof of service. Appellants (Atty Klaus 30 minutes)
02/23/2018 Response filed: To Amici Curiae Briefs (Respondent)
02/23/2018 Appellant's response to amicus curiae brief filed. Defendant and Appellant: Pacific 2.1 Entertainment Group, Inc.
Attorney: Kelly M. Klaus APPELLANTS' RESPONSE TO AMICUS BRIEF OF SCREEN
ACTORS GUILD-AMERICAN FEDERATION OF TELEVISION
AND RADIO ARTISTS
03/20/2018 Cause argued and submitted.
03/26/2018 Opinion filed. (Signed Published)Reversed with directions. Defendants shall recover their costs on appeal. Egerton, E, Dhanidina-Assigned 38pgs cfp
05/04/2018 Service copy of petition for review received. by Respondent Olivia de Havilland, DBE
05/07/2018 Record transmitted to Supreme Court.
05/09/2018 Received document entitled: ERRATA to Petitioner for Review

by Respondent Olivia de Havilland, DBE
05/29/2018 Received: S248614 Answer to Petition for review
06/29/2018 Supreme Court order filed re: The time for granting or denying review in the above-entitled matter is hereby extended to and including August 2, 2018, or the date upon which review is either granted or denied.

[Per Supreme Court website.]
07/16/2018 Record returned from Supreme Court. 1xEnv.
07/11/2018 Petition for review denied in Supreme Court. The petition for review is denied.
Cuellar, J., is of the opinion the petition should be granted.
07/25/2018 Remittitur issued.
07/25/2018 Case complete.
08/08/2018 Email sent to: Munger, Tolles & Olson re exhibits are ready for pick up
01/07/2019 Supreme Court order filed re: Supreme Court of the United Stated order dated January 7, 2019 re: The petition for writ of certiorari is denied.
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