CM/ECF - California Central District

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(Ex), DISCOVERY

UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:11-cv-10118-GHK-E

NZK Productions Inc et al v. Stephen Carbone et al Assigned to: Judge George H. King Referred to: Magistrate Judge Charles F. Eick Cause: 28:1332 Diversity-Personal Injury Date Filed 12/06/2011 # Docket Text

Date Filed: 12/06/2011 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity

1 COMPLAINT against Defendants Stephen Carbone, Does, Reality Steve LLC. Case assigned to Judge George H. King for all further proceedings. Discovery referred to Magistrate Judge Charles F. Eick.(Filing fee $ 350 Paid.) Jury Demanded., filed by Plaintiffs NZK Prouctions Inc, Horizon Alternative Television Inc.(et) (yl). (Entered: 12/07/2011) 21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants Stephen Carbone, Reality Steve LLC. (et) (Entered: 12/07/2011) 2 CERTIFICATE AND NOTICE of Interested Parties filed by Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Inc, identifying Corporate Parent Time Warner Inc for Horizon Alternative Television Inc, NZK Prouctions Inc. (et) (yl). (Entered: 12/07/2011) 3 Corrected CERTIFICATE of Interested Parties filed by Plaintiffs All Plaintiffs, identifying Time Warner Inc.. (Wong, Tina) (Entered: 12/07/2011) 4 ORDER RE: CASE MANAGEMENT by Judge George H. King, This case has been assigned to the calendar of Judge George H. King. The court fully adheres to Rule 1 of the Federal Rules of Civil Procedure, which requires that the Rules be "construed and administered to secure the just, speedy and inexpensive determination of every action and proceeding." Counsel shall also be guided by the following special requirements, some of which are more specific than those set out in the Local Rules. (PLEASE REVIEW DOCUMENT FOR FULL AND COMPLETE DETAILS) (lw) (Entered: 12/14/2011) 5 PROOF OF SERVICE Executed by Plaintiff NZK Prouctions Inc, Horizon Alternative Television Inc, upon Defendant Reality Steve LLC served on 12/12/2011, answer due 1/2/2012. Service of the Summons and Complaint were executed upon ADAM FOX, Agent for Service in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (Burrow, Linda) (Entered: 12/14/2011) 6 REQUEST to Substitute attorney Michael J. O'Connor of Kelley Drye & Warren LLP in place of attorney Linda Burrow and Tina Wong of Caldwell Leslie & Proctor filed by

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Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Inc. (Attachments: # 1 Proposed Order)(O'Connor, Michael) (Entered: 12/16/2011) 12/20/2011 7 ORDER ON REQUEST FOR APPROVAL SUBSTITUTION OF ATTORNEY by Judge George H. King granting 6 Request to Substitute Attorney. The Court hereby orders that the request of: NZK Prods., Inc. & Horizon Alt. TV Inc., Plaintiff, to substitute Michael J. O'Connor of Kelley Drye & Warren LLP, who is Retained Counsel as attorney of record in place and stead of Linda Burrow & Tina Wong of Caldwell Leslie & Proctor. (bm) (Entered: 12/21/2011) 8 PROOF OF SERVICE Executed by Plaintiff NZK Prouctions Inc, Horizon Alternative Television Inc, upon Defendant Reality Steve LLC served on 12/21/2011, answer due 1/11/2012. Service of the Summons and Complaint were executed upon ADAM FOX, Agent for Service in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity. Original Summons NOT returned. (Amended Proof of Service) (O'Connor, Michael) (Entered: 01/03/2012) 9 PROOF OF SERVICE Executed by Plaintiff NZK Prouctions Inc, Horizon Alternative Television Inc, upon Defendant Stephen Carbone served on 12/30/2011, answer due 1/20/2012. Service of the Summons and Complaint were executed upon Defendant Stephen Carbone in compliance with Federal Rules of Civil Procedure by personal service. Original Summons NOT returned. (O'Connor, Michael) (Entered: 01/03/2012) 10 STIPULATION Extending Time to Answer the complaint as to Reality Steve LLC answer now due 1/20/2012, re Complaint - (Discovery), Complaint - (Discovery) 1 filed by Plaintiffs NZK Prouctions Inc; Horizon Alternative Television Inc.(O'Connor, Michael) (Entered: 01/09/2012) 11 PROOF OF SERVICE filed by Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Inc, re Order,, 4 served on 01/10/2012. (O'Connor, Michael) (Entered: 01/10/2012) 12 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by Defendant Stephen Carbone. Motion set for hearing on 3/12/2012 at 09:30 AM before Judge George H. King. (Attachments: # 1 Proposed Order Proposed Order Granting Motion to Dismiss)(Farley, Gregg) (Entered: 01/20/2012) 13 of Interested Parties filed by Defendant Stephen Carbone, identifying Reality Steve, LLC; Yea! Network, LLC. (Farley, Gregg) (Entered: 01/20/2012) 14 APPLICATION for attorney D. Bradley Kizzia to Appear Pro Hac Vice(PHV Fee of $325 receipt number 0973-9810116 paid.) filed by Defendant Stephen Carbone. (Attachments: # 1 Proposed Order Proposed Order Granting Pro Hac Vice Application) (Farley, Gregg) (Entered: 01/20/2012) 15 MINUTE: (In Chambers) Order to Show Cause: Plaintiffs are ORDERED TO SHOW CAUSE, in writing, within twelve (12) days hereof, as to why this matter should not be dismissed because this Court lacks subject matter jurisdiction. Plaintiffs' failure to timely and adequately show cause as required herein shall be deemed Plaintiffs' admission that this Court lacks subject matter jurisdiction. In that event, this action shall be dismissed for lack of subject matter jurisdiction IT IS SO ORDERED by Judge

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George H. King. (ir) (Entered: 01/23/2012) 01/23/2012 16 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Attachment #1: [Proposed] Order 12 . The following error(s) was found: Other error(s) with document(s) are specified below. Other error(s) with document(s): [Proposed] order attachment text under signature line should indicated district judge and his name. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (bm) (Entered: 01/23/2012) 17 ORDER by Judge George H. King: granting 14 Application to Appear Pro Hac Vice by Attorney D. Bradley Kizzia on behalf of Defendants Stephen Carbone and Reality Steve LLC, designating Gregg A. Farley as local counsel. (lt) (Entered: 01/25/2012) 18 EX PARTE APPLICATION for Order for to continue the hearing on Defendants' Motion to Dismiss by 60 days and to permit Plaintiffs to conduct jurisdictional discovery filed by Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Inc. (Attachments: # 1 Proposed Order)(O'Connor, Michael) (Entered: 01/25/2012) 19 DECLARATION of Andrew W. DeFrancis in support of EX PARTE APPLICATION for Order for to continue the hearing on Defendants' Motion to Dismiss by 60 days and to permit Plaintiffs to conduct jurisdictional discovery 18 filed by Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Inc. (Attachments: # 1 Exhibit A-I)(O'Connor, Michael) (Entered: 01/25/2012) 20 RESPONSE BY THE COURT TO NOTICE TO Filer of Deficiencies in Electronically filed documents: The document is accepted as filed RE: Attachment # 1 Proposed Order 12 (ir) (Entered: 01/26/2012) 21 ORDER granting 18 Plaintiff's Ex Parte Application by Judge George H. King: IT IS HEREBY ORDERED that Plaintiffs Application is GRANTED. The hearing date on Defendants' Motion to Dismiss for Lack of PersonalJurisdiction shall be continued from March 12, 2012, at 9:30 a.m., to May 20, 2012, at 9:30 a.m. In the interim, Plaintiffs are hereby permitted leave of Court to conduct written and oral jurisdictional discovery, including but not limited to, noticing depositions of both Defendants, propounding interrogatories, requests for admission, and requests for production, and serving subpoenas on relevant third parties for the purposes of determining Defendants' connection with California. (lw) (Entered: 01/31/2012) 22 RESPONSE filed by Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Incto Minutes of In Chambers Order/Directive - no proceeding held,, 15 (O'Connor, Michael) (Entered: 02/01/2012) 23 DECLARATION of Andrew W. DeFrancis re Minutes of In Chambers Order/Directive - no proceeding held,, 15 , Response (non-motion) 22 filed by Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Inc. (Attachments: # 1 Exhibit A and B)(O'Connor, Michael) (Entered: 02/01/2012) 24 NOTICE of Change of Attorney Information for attorney Andrew W DeFrancis counsel for Plaintiffs Horizon Alternative Television Inc, NZK Prouctions Inc. Adding Andrew

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W. DeFrancis as attorney as counsel of record for NZK Productions Inc. and Horizon Alternative Television Inc. for the reason indicated in the G-06 Notice. Filed by Plaintiffs NZK Productions Inc. and Horizon Alternative Television Inc. (DeFrancis, Andrew) (Entered: 02/03/2012) 02/09/2012 25 MINUTES: (In Chambers) Order re: Order to Show Cause: Defendants are hereby ORDERED to provide the Court with evidence of the citizenship of every member of Reality Steve, LLC within ten (10) days hereof (See document for further details) by Judge George H. King. (ir) (Entered: 02/09/2012) 26 RESPONSE filed by Defendant Reality Steve LLC (Farley, Gregg) (Entered: 02/16/2012) 27 MINUTE ORDER IN CHAMBERS re: Order to Show Cause by Judge George H. King: On February 9, 2012, we issued an Order to Show Cause ("OSC") and ordered Defendants to provide evidence of the citizenship of every member of Defendant Reality Steve, LLC so that we may determine its citizenship for purposes of diversity jurisdiction. Defendants timely responded and explain that "Reality Steve currently has two members: Stephen Carbone and Yea! Networks, LLC." (Dkt. No. 26, at 4). Defendants state that Stephen Carbone is a citizen of Texas. However, Defendants explain that they have been unable to gather all of the detailed information about Yea! Networks... because Yea! Networks is a privately-held limited liability company and because those persons who have knowledge of such information have declined to share same with Defendants." (Id. at 5). Nonetheless, Defendants state that they contacted counsel for Yea! Networks, who "responded that Yea! Networks is owned by a single individual residing in Dallas, Texas, but declined to provide any additional information or documentation regarding the individual member or his or her citizenship." (Id. at 3-4). This showing is sufficient at this time for us to determine that the Parties are completely diverse for purposes of diversity jurisdiction. Accordingly, our OSC is hereby DISCHARGED at this time. (bm) (Entered: 02/24/2012)

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