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District of Utah (Central)
CIVIL DOCKET FOR CASE #: 2:05-cv-00521-DAK


Merkey v. Perens et al
Assigned to: Judge Dale A. Kimball
Cause: 42:1983 Civil Rights Act

Date Filed: 06/22/2005
Jury Demand: Plaintiff
Nature of Suit: 440 Civil Rights: Other
Jurisdiction: Federal Question
Plaintiff
Jeff V Merkey represented byJeff V Merkey
1058 E 50 S
LINDON, UT 84042
(801)427-3547
PRO SE

V.
Defendant
Bruce Perens
TERMINATED: 07/20/2005
also known as
OSRM
TERMINATED: 07/20/2005
Defendant
Pamela Jones
also known as
Groklaw.com
Defendant
Grendel
TERMINATED: 08/16/2005
also known as
Pagansavage.com
TERMINATED: 08/16/2005
Defendant
Matt Merkey
TERMINATED: 08/16/2005
also known as
Merkey.net
TERMINATED: 08/16/2005
Defendant
Brandon Suit
TERMINATED: 08/16/2005
also known as
Merkey.net
TERMINATED: 08/16/2005
Defendant
John Sage
TERMINATED: 08/16/2005
also known as
Finchhaven.com
TERMINATED: 08/16/2005
Defendant
Mrbuttle
also known as
ip-wars.net
Defendant
Slashdot.org
TERMINATED: 07/20/2005
Defendant
Jeff Causey
also known as
ip-wars.net
Defendant
Al Petrofsky
also known as
scofacts.org
also known as
Alan P. Petrofsky
represented byAl Petrofsky
3618 ALAMEDA APT 5
MENLO PARK, CA 94025
(650)520-0626
PRO SE
Amicus
Electronic Frontier Foundation represented byKurt B. Opsahl
ELECTRONIC FRONTIER FOUNDATION
454 SHOWELL ST
SAN FRANCISCO, CA 94110
(415)436-9333
Email: kurt@eff.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Corynne McSherry
ELECTRONIC FRONTIER FOUNDATION
454 SHOWELL ST
SAN FRANCISCO, CA 94110
(415)436-9333
Email: corynne@eff.org
ATTORNEY TO BE NOTICED

Matthew J. Zimmerman
ELECTRONIC FRONTIER FOUNDATION
454 SHOWELL ST
SAN FRANCISCO, CA 94110
(415)436-9333
Email: mattz@eff.org
ATTORNEY TO BE NOTICED
Amicus
American Civil Liberties Union of Utah Foundation represented byMargaret D. Plane
AMERICAN CIVIL LIBERTIES UNION OF UTAH
355 N 300 W STE 1
SALT LAKE CITY, UT 84103
(801)521-9862
Email: mplane@acluutah.org
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

06/21/20051COMPLAINT against Brandon Suit, John Sage, Mrbuttle, Slashdot.org, Bruce Perens, Pamela Jones, Grendel, Matt Merkey (Filing fee $ 250, receipt number 4681004547), filed by Jeff V Merkey. (Attachments: # (1) Exhibit A-B)Assigned to Judge Dale A. Kimball (rlr, ) Additional attachment(s) added on 6/22/2005 (blk, ). Modified by redacting document/deleting complete document image and attaching redacted image per order #2, on 6/22/2005 (blk, ). (Entered: 06/22/2005)
06/22/20052ORDER sealing Exhibit #2 re 1 Complaint, filed by Jeff V Merkey, . Signed by Judge Dale A. Kimball on 6/22/05. (blk, ) (Entered: 06/22/2005)
06/22/20053Modification of Docket: Error: complaint contained sealed/protected information. Correction: Clerk removed the sealed/protected portion of the complaint per order no. 2 and re-attached redacted document image. re 1 Complaint,. (blk, ) (Entered: 06/22/2005)
06/22/20054**SEALED DOCUMENT** Exhibit #2 re 1 Complaint, filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 06/22/2005)
07/20/20056Memorandum in support of #8 motion to conduct expedited discovery filed by Plaintiff Jeff V Merkey. ((blk, ) Modified on 7/28/2005: Motion was thought to not have been filed, however it was filed and docketed after docketing the memo in support(blk, ). (Entered: 07/27/2005)
07/20/20057AMENDED COMPLAINT against Jeff Causey, Al Petrofsky, Brandon Suit, John Sage, Mrbuttle, Pamela Jones, Grendel, Matt Merkey with Jury Demand, filed by Jeff V Merkey.(blk, ) (Entered: 07/27/2005)
07/20/20058 EX-PARTE MOTION to Expedite Discovery filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 07/28/2005)
07/21/20055ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters.. Signed by Judge Dale A. Kimball on 07/21/05. (abr, ) (Entered: 07/21/2005)
08/03/20059NOTICE OF HEARING ON MOTION re: 8 MOTION to Expedite Discovery: Motion Hearing set for 8/17/2005 11:30 A.M. in Room 248 before Magistrate Judge Samuel Alba. (cas) (Entered: 08/03/2005)
08/09/200510MEMORANDUM in Opposition re 8 MOTION to Expedite Discovery filed by Defendant Al Petrofsky. (blk, ) (Entered: 08/10/2005)
08/12/200511REPLY to Response to Motion re 8 MOTION to Expedite Discovery filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 08/16/2005)
08/15/200512 MOTION for Leave to File Amicus Curiae Brief in opposition to Plaintiffs Ex Parte Motion to Conduct Expedited Discovery filed by Movants Electronic Frontier Foundation, American Civil Liberties Union of Utah Foundation. (blk, ) (Entered: 08/16/2005)
08/15/200513NOTICE OF REQUIREMENTS for appearence phv mailed to attorney Kurt Opsahl, Matt Zimmerman, and Corynne McSherry, for Movant Electronic Frontier Foundation (blk, ) Additional attachment(s) added on 8/16/2005 (blk, ). (Entered: 08/16/2005)
08/16/200514Modification of Docket: Error: Document image did not successfully attach to docket #13. Correction: Attached document image to dockt #13 and to this event for viewing. re 13 Notice PHV Requirements. (blk, ) (Entered: 08/16/2005)
08/16/200515MEMORANDUM in Opposition re 12 MOTION for Leave to File Amicus Curiae Brief in opposition to Plaintiffs Ex Partef Motion to Conduct Expedited Discovery filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 08/16/2005)
08/16/200516NOTICE of Voluntary Dismissal of Grendel, Pagansavage.com, John Sage, Finchhaven.com, Matt Merkey, Brandon Suit, Merkey.Net filed by Plaintiff Jeff V Merkey (blk, ) (Entered: 08/16/2005)
08/17/200517ORDER granting 12 Motion for Leave to File Amicus Curiae Brief by Electronic Frontier Foundation and the American Civil Liberties Union of Utah re: Plas Ex Parte Motion to Conduct Expedited Discovery. Signed by Judge Samuel Alba on 8/16/05. (blk, ) (Entered: 08/17/2005)
08/17/200518 Amicus Curiae BRIEF in opposition to 8 MOTION to Expedite Discovery filed by Amicus Parties Electronic Frontier Foundation, American Civil Liberties Union of Utah Foundation. (blk, ) (Entered: 08/18/2005)
08/17/200520Minute Entry for proceedings held before Judge Samuel Alba: The plaintiff was present, pro se. The Court noted the filings in the case to date. The Court addressed issues with regard to service of process upon the defendants and inquired as to what efforts have been made by the plaintiff. The Plaintiff made arguments to the Court in support of his Motion for Expedited Discovery. The Court requires additional information of the plaintiff and directs that such be filed in the form of an affidavit with exhibits filed in support thereof. The plaintiff's affidavit is to be filed with the Court no later than 8/23/05.Motion Hearing held on 8/17/2005 re 8 MOTION to Expedite Discovery filed by Jeff V Merkey,. (Court Reporter Laura Robinson.) (tsh, ) (Entered: 08/22/2005)
08/18/2005  Judge Samuel Alba no longer assigned to case under (b)(1)(A). New order of reference to be docketed under (b)(1)(B). (ce, ) (Entered: 08/18/2005)
08/18/200519ORDER REFERRING CASE to Magistrate Judge Samuel Alba under 28:636 (b)(1)(B), Magistrate to handle case up to and including R&R on all dispositive matters.. Signed by Judge Dale A. Kimball on 08/18/05. (abr, ) (Entered: 08/18/2005)
08/18/200521MOTION/ORDER granting motion for Admission Pro Hac Vice for of Matthew J. Zimmerman for Electronic Frontier Foundation.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 8/18/05. (blk, ) (Entered: 08/22/2005)
08/18/200522MOTION/ORDER granting motion for Admission Pro Hac Vice for of Corynne McSherry for Electronic Frontier Foundation.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 8/18/05. (blk, ) (Entered: 08/22/2005)
08/18/200523MOTION/ORDER granting motion for Admission Pro Hac Vice for of Kurt B. Opsahl for Electronic Frontier Foundation.
Attorneys admitted pro hac vice may download a copy of the District of Utah's local rules from court's web site at http://www.utd.uscourts.gov. Signed by Judge Dale A. Kimball on 8/18/05. (blk, ) (Entered: 08/22/2005)
08/23/2005242nd AMENDED COMPLAINT against Mrbuttle, Jeff Causey, Al Petrofsky, Pamela Jones with Jury Demand, filed by Jeff V Merkey.(blk, ) (Entered: 08/25/2005)
08/23/200525AFFIDAVIT of Jeffrey Vernon Merkey in Support re 8 MOTION to Expedite Discovery filed by Plaintiff Jeff V Merkey. (Attachments: # 1 Second half of document)(blk, ) (Entered: 08/25/2005)
08/23/2005262nd NOTICE of Voluntary Dismissal of dft atul666 and dft saltydogmn filed by Plaintiff Jeff V Merkey (blk, ) Modified on 8/25/2005 (blk, ). (Entered: 08/25/2005)
09/12/2005273rd NOTICE of Voluntary Dismissal of mrbuttle, Jeff Causey, IP-Wars.net filed by Plaintiff Jeff V Merkey (blk, ) (Entered: 09/14/2005)
09/27/200528NOTICE of Final Dismissal of Pamela Jones and Al Petrofsky filed by Plaintiff Jeff V Merkey (kvs, ) (Entered: 09/28/2005)
09/27/200529ORDER re 28 Notice of Voluntary Dismissal filed by Jeff V Merkey . Signed by Judge Dale A. Kimball on 9/27/05. (kvs, ) (Entered: 09/28/2005)
10/21/200530 MOTION for Order to Show Cause filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/24/2005)
10/21/200531NOTICE of Court Order to Jimmy Wales and Wikimedia Foundation and Wikipedia by Jeff V Merkey (blk, ) (Entered: 10/24/2005)
10/21/200533 MEMORANDUM in Support re 30 MOTION for Order to Show Cause filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/27/2005)
10/24/200532 MOTION to Reopen Case for Enforcement Proceedings filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/27/2005)
10/25/200535AFFIDAVIT of Jeffrey Vernon Merkey in Support re 30 MOTION for Order to Show Cause filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 10/28/2005)
10/27/200534ORDER granting 32 Motion to Reopen Case for Enforcement Proceedings and reinstating the prior referral to Magistrate Judge Alba per 28 USC 636(b)(1)(B). . Signed by Judge Dale A. Kimball on 10/27/05. (blk, ) (Entered: 10/27/2005)
10/31/200536NOTICE of Service to Jimmy Wales and Wikimedia Foundation and Wikipedia by Jeff V Merkey (blk, ) (Entered: 11/04/2005)
11/28/200537ORDER . Signed by Judge Samuel Alba on 11/28/05. (cas) (Entered: 11/28/2005)
12/15/200538DOCUMENTS LODGED consisting of Proof of service re: summons, second amended complaint. This document is lodged as there is no summons issued by the court attached. (ce, ) (Entered: 12/19/2005)
12/20/200539**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Jeff V Merkey as to Al Petrofsky served on 12/8/2005, answer due 12/28/2005. (ce, ) (Entered: 12/21/2005)
01/23/200640 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky, Request to submit for decision on Order to Show Cause, MOTION to Amend/Correct 1 Complaint, filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 01/24/2006)
02/23/2006 Judge Paul M. Warner added. Judge Samuel Alba no longer assigned to case. (cas) (Entered: 02/23/2006)
02/23/200641MOTIONS 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, 30 MOTION for Order to Show Cause REFERRED to Judge Paul Warner. (cas) (Entered: 02/23/2006)
06/30/200642REPORT AND RECOMMENDATIONS re 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, filed by Jeff V Merkey, 30 MOTION for Order to Show Cause filed by Jeff V Merkey. Objections to R&R due by 7/17/2006. Signed by Judge Paul M. Warner on 6/30/2006. (srs, ) (Entered: 06/30/2006)
07/25/200643OBJECTION to 42 Report and Recommendations and to Order Granting Motion to Amend Complaint filed by Defendant Al Petrofsky. (blk, ) Modified on 7/25/2006 by adding docket text. (Entered: 07/25/2006)
07/28/200644 RESPONSE re 43 Objection to Report and Recommendations, filed by Plaintiff Jeff V Merkey. (blk, ) (Entered: 07/31/2006)
08/09/200645 Reply in Support re 43 Objection to Report and Recommendations and Order Granting Motion to Amend Complaint filed by Defendant Al Petrofsky. (blk, ) (Entered: 08/09/2006)
09/21/200646ORDER Modifying Report & Recommendation. Case Closed with each party to bear his own fees and costs. Re 42 REPORT AND RECOMMENDATIONS re 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, filed by Jeff V Merkey,, 30 MOTION for Order to Show Cause filed by Jeff V Merkey,., 40 MOTION for Default Judgment as to defendant(s) Alan P. Petrofsky MOTION to Amend/Correct 1 Complaint, filed by Jeff V Merkey,, 30 MOTION for Order to Show Cause filed by Jeff V Merkey, . Signed by Judge Dale A. Kimball on 9/21/06. (blk, ) (Entered: 09/21/2006)
09/21/2006 Case no longer referred to Paul M. Warner. (blk, ) (Entered: 09/21/2006)