MDY Industries v. Blizzard

USDC (Arizona)

Case No.: 2-06-cv-02555-PHX-DGC

"WoWGlider" litigation: This case was filed in federal court in Arizona in November, 2006. It is pending and discovery is ongoing, but most information is under protective order. Summary judgment motions were filed on March 21, 2008.

Summary and links

Complaint

Answer and Counterclaims

Exhibits to Answer and Counterclaims

Blizzard, Vivendi File Suit Against WoW Bot Creator

February 22, 2007

Gamasutra "Industry News"

Link

"WoWGlider is a third-party program created by Donnelly to circumvent the need for a player to be present during WoW sessions by setting elaborate scripts to automatically perform quests and hunts."

MDY originally filed for declaratory relief, and Blizzard and Vivendi responded with counterclaims for tortious interference of contract, contributory and vicarious copyright infringement, DMCA circumvention violations, trademark infringement, unfair competition, and unjust enrichment..

"In addition to monetary relief and legal fees, Blizzard and Vivendi have asked the court to require that the WoWGlider website be shut down and all rights and titles to be transferred to Blizzard, that Donnelly be restrained from continuing to sell the program, that he deliver the source code to the program, and that he provide the developer with all accounting related to the sale of WoWGlider."

WoWGlider Suing Blizzard

Nov 17th 2006

by Elizabeth Harper

WoW Insider

Link

Information on the original filing for declaratory relief.

PACER Information

Oct. 1 2007

2:06-cv-02555-DGC MDY Industries, LLC v. Blizzard Entertainment, Inc. et al
David G Campbell, presiding
Date filed: 10/25/2006 Date of last filing: 07/18/2007

History
Doc No. Dates Description

1
Filed & Entered: 10/25/2006
Complaint
Docket Text: COMPLAINT, filed by MDY Industries, LLC.(Meaney, Joseph)

3
Filed & Entered: 10/26/2006
New Case Opened
Docket Text: Filing fee paid 10/26/2006, receipt number PHX049754. This case has been assigned to the Honorable Virgina A. Mathis. All future pleadings or documents should bear the correct case number: CV06-2555-PHX-VAM. Magistrate Election form attached. (Attachments: # (1) Instructions) (entered by HIH)

4
Filed & Entered: 10/26/2006
Summons Issued
Docket Text: Summons Issued as to Blizzard Entertainment, Inc. and Vivendi, SA. (Attachments: # (1) Vivendi)(entered by HIH)

5
Filed & Entered: 12/01/2006
Amended Complaint
Docket Text: AMENDED COMPLAINT against Vivendi Games, Inc., Blizzard Entertainment, Inc. ; Party Vivendi, SA terminated, filed by MDY Industries, LLC.(Venable, Lance)

6
Filed & Entered: 12/11/2006
Summons Issued
Docket Text: Summons Issued as to Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # (1) Vivendi Games)(ESL)

7
Filed & Entered: 12/20/2006
Order to Show Cause (LRCiv 3.8(a))
Docket Text: Ordered that MDY Industries, LLC show cause for failure to comply with LRCiv 3.8(a) before Judge Stephen M McNamee; Show Cause Hearing set for 1/16/2007 01:30 PM before Judge Stephen M McNamee. (Attachments: # (1) # (2))(MAP)

8
Filed: 12/27/2006
Entered: 01/04/2007
Election to Assign Case to District Judge
Docket Text: Party Elects Assignment of Case to District Judge Jurisdiction. TEXT ONLY ENTRY, NO PDF DOCUMENT ATTACHED. (MAP)

9
Filed & Entered: 01/04/2007
Order
Docket Text: MINUTE ORDER Pursuant to Local Rule 3.8(a), a request has been received for a random reassignment of this case to a District Judge FURTHER ORDERED Case reassigned to by random draw to Judge David G. Campbell. All further pleadings should now list the following COMPLETE case number: CIV-06-2555-PHX-DGC FURTHER ORDERED that the Order to Show Cause hearing scheduled for 1/16/07 is hereby vacated (MAP)

10
Filed & Entered: 02/16/2007
Answer to Amended Complaint
Docket Text: ANSWER to Amended Complaint, THIRD PARTY COMPLAINT against Michael Donnelly, COUNTERCLAIM against MDY Industries, LLC by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Attachments: # (1) Exhibit Exhibit A# (2) Exhibit Exhibit B# (3) Exhibit Exhibit C# (4) Exhibit Exhibit D)(Stein, Scott)

11
Filed & Entered: 02/20/2007
Order
Docket Text: ORDER re Rule 16 Scheduling Conference set for 4/4/2007 04:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Judge David G Campbell. Signed by Judge David G Campbell on 2/20/07. (NVJ)

12
Filed & Entered: 02/21/2007
Summons Issued
Docket Text: Summons Issued as to Michael Donnelly. (PEM)

13
Filed & Entered: 03/15/2007
Answer to Counterclaim
Docket Text: ANSWER to Counterclaim, ANSWER to Third Party Complaint by MDY Industries, LLC, Michael Donnelly.(Venable, Lance) --
Filed & Entered: 03/26/2007
Pro Hac Vice Fee Paid
Docket Text: PRO HAC VICE FEE PAID. $ 100, receipt number PHX055970 as to Christian S Genetski. (BAS, )

14
Filed & Entered: 03/26/2007
Terminated: 03/26/2007
Motion for Admission Pro Hac Vice
Docket Text: MOTION for Admission Pro Hac Vice as to attorney Christian S Genetski on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc.. (BAS, )

15
Filed & Entered: 03/26/2007
Order on Motion for Admission Pro Hac Vice
Docket Text: ORDER pursuant to General Order 05-25 granting [14] Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)

16
Filed & Entered: 03/27/2007
Report re: Rule 26(f) Planning Meeting
Docket Text: REPORT re: Rule 26(f) Planning Meeting by Vivendi Games, Inc., MDY Industries, LLC, Blizzard Entertainment, Inc., Michael Donnelly. (Venable, Lance)

17
Filed & Entered: 04/03/2007
Other Notice
Docket Text: Notice re Initial Disclosure by MDY Industries, LLC, Michael Donnelly (Venable, Lance)

18
Filed & Entered: 04/03/2007
Other Notice
Docket Text: Notice re Initial Disclosures by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian)

19
Filed & Entered: 04/04/2007
Scheduling Conference
Docket Text: Minute Entry. Proceedings held before Judge David G Campbell. Appearances: Lance Venable for plas; Christian Genetski for dfts. Scheduling Conference held on 4/4/2007. Order to follow. (Court Reporter Patricia Lyons.) This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LMR, )

20
Filed & Entered: 04/09/2007
Scheduling Order
Docket Text: CASE MANAGEMENT ORDER: Discovery due by 1/25/2008. Dispositive motions due by 2/29/2008. Signed by Judge David G Campbell on 4/6/07. (LMR, )

21
Filed & Entered: 05/08/2007
Other Notice
Docket Text: Notice re service of document requests and interrogatories by Vivendi Games, Inc., Blizzard Entertainment, Inc. (Genetski, Christian) --
Filed & Entered: 06/01/2007
Pro Hac Vice Fee Paid
Docket Text: PRO HAC VICE FEE PAID. $ 100, receipt number PHX058574 as to Samuel Bryant Davidoff. (BAS, ) --
Filed & Entered: 06/01/2007
Pro Hac Vice Fee Paid
Docket Text: PRO HAC VICE FEE PAID. $ 100, receipt number PHX058575 as to Shane M McGee. (BAS, )

22
Filed & Entered: 06/01/2007
Terminated: 06/01/2007
Motion for Admission Pro Hac Vice
Docket Text: MOTION for Admission Pro Hac Vice as to attorney Samuel Bryant Davidoff on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc.. (BAS, )

23
Filed & Entered: 06/01/2007
Terminated: 06/01/2007
Motion for Admission Pro Hac Vice
Docket Text: MOTION for Admission Pro Hac Vice as to attorney Shane M McGee on behalf of Vivendi Games, Inc., and Blizzard Entertainment, Inc. (BAS, )

24
Filed & Entered: 06/01/2007
Order on Motion for Admission Pro Hac Vice
Docket Text: ORDER pursuant to General Order 05-25 granting [23] Motion for Admission Pro Hac Vice; granting [22] Motion for Admission Pro Hac Vice.Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS, )(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)

25
Filed & Entered: 06/22/2007
Corporate Disclosure Statement
Docket Text: Corporate Disclosure Statement by Vivendi Games, Inc., Blizzard Entertainment, Inc.. (Davidoff, Samuel)

26
Filed & Entered: 07/13/2007
Stipulation
Docket Text: STIPULATION for Protective Order by MDY Industries, LLC, Michael Donnelly. (Venable, Lance)

27
Filed & Entered: 07/18/2007
Protective Order
Docket Text: Stipulated PROTECTIVE ORDER. Signed by Judge David G Campbell on 7/18/07. (NVJ)