Gurvey v. Live Nation Entertainment, Inc.
CourtCourt of Appeals for the Federal Circuit
Date FiledOctober 26, 2026
Docket25-1954
StatusUnpublished
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Full Opinion
Case: 25-1954 Document: 119 Page: 1 Filed: 10/26/2026
NOTE: This disposition is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
AMY R. WEISSBROD GURVEY,
Plaintiff-Appellant
v.
LIVE NATION ENTERTAINMENT, INC.,
TICKETMASTER, INC., LIVE NATION, INC.,
INSTANT LIVE CONCERTS, LLC, MAJOR LEAGUE
BASEBALL, PHISH INC./LIVE PHISH, HINSHAW &
CULBERTSON, LLP, BAKER BOTTS, LLP, MLB
ADVANCED MEDIA, INC., SHEPPARD, MULLIN,
RICHTER, AND HAMPTON, STEVEN SCHORTGEN,
Defendants-Appellees
COWAN, LIEBOWITZ AND LATMAN, P.C., DOES, 1-
10,
Defendants
______________________
2025-1954
______________________
Appeal from the United States District Court for the
Central District of California in No. 2:23-cv-04381-MEMF-
E, Judge Maame Ewusi-Mensah Frimpong.
______________________
Decided: October 26, 2026
______________________
Case: 25-1954 Document: 119 Page: 2 Filed: 10/26/2026
2 GURVEY v. LIVE NATION ENTERTAINMENT, INC.
AMY REBECCA GURVEY, Princeton, NJ, pro se.
STEVEN SCHORTGEN, Sheppard Mullin Richter &
Hampton LLP, Dallas, TX, for defendants-appellees Live
Nation Entertainment, Inc., Ticketmaster, Inc., Live Na-
tion, Inc., Instant Live Concerts, LLC, Phish Inc./Live
Phish, Sheppard, Mullin, Richter, and Hampton, Steven
Schortgen. Also represented by JENNIFER AYERS; TODD E.
LUNDELL, Costa Mesa, CA.
ROBERT ADAM LAURIDSEN, Keker, Van Nest & Peters
LLP, San Francisco, CA, for defendants-appellees Major
League Baseball, MLB Advanced Media, Inc. Also repre-
sented by FRANCO E. MUZZIO.
MARIAN C. RICE, L’Abbate Balkan Colavita & Contini,
Melville, NY, for defendant-appellee Hinshaw & Culbert-
son, LLP.
MICHAEL HAWES, Baker Botts LLP, Houston, TX, for
defendant-appellee Baker Botts LLP. Also represented by
PAUL ELLIOTT.
______________________
Before STOLL, CUNNINGHAM, and STARK, Circuit Judges.
PER CURIAM.
Amy Weissbrod Gurvey appeals orders from the United
States District Court for the Central District of California
granting Appellees’ motions to dismiss. For the reasons
stated below, we affirm.
BACKGROUND
Ms. Gurvey purports to own several U.S. patents which
generally describe a ticketing and sports betting manage-
ment system. Since at least 2006, Ms. Gurvey has filed a
series of complaints in both federal and state courts alleg-
ing that various combinations of Appellees infringed her
Case: 25-1954 Document: 119 Page: 3 Filed: 10/26/2026
GURVEY v. LIVE NATION ENTERTAINMENT, INC. 3
patents, conspired to do so, or conspired to deny her access
to the court system.
On June 2, 2023, Ms. Gurvey filed a complaint in the
Central District of California, asserting numerous causes
of action against Appellees, who then filed motions to dis-
miss. Per the district court’s standing order, “oppositions
to motions must be . . . filed no later than fourteen (14)
days after the filing of the Motion.” Weissbrod v. Live Na-
tion Ent. Inc., No. 2:23-cv-04381-MEMF-E, 2024 U.S. Dist.
LEXIS 237104, at *17 n.7 (C.D. Cal. Sep. 27, 2024) (quota-
tions omitted). Ms. Gurvey did not file timely oppositions,
but the district court extended Ms. Gurvey’s deadline to op-
pose most motions until February 2, 2024. Despite this ex-
tension, Ms. Gurvey failed to file any oppositions to
Appellees’ motions to dismiss.
On September 27, 2024, more than a year after most
Appellees filed motions to dismiss, the district court
granted the motions as to all Appellees except for Baker
Botts. The court acknowledged that Ms. Gurvey “simply
failed to file any opposition in advance of the scheduled
hearing” on the motions to dismiss. Id. Then, the district
court, on March 13, 2025, denied Ms. Gurvey’s motion for
reconsideration of the September 27, 2024 order and
granted Baker Botts’ motion to dismiss. Weissbrod v. Live
Nation Ent. Inc., No. 2:23-cv-04381-MEMF-E, 2025 U.S.
Dist. LEXIS 59597 (C.D. Cal. Mar. 13, 2025). While the
district court found that Ms. Gurvey had “not filed any sub-
stantive opposition to” Baker Botts’ motion, it addressed
the motion on the merits and found that “all claims against
Baker are barred by [the] Noerr-Pennington doctrine, and
thus the claims must be dismissed.” Id. at *6–7, *13, *17.
Ms. Gurvey now appeals. We have jurisdiction under
28 U.S.C. § 1295(a)(1).
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4 GURVEY v. LIVE NATION ENTERTAINMENT, INC.
DISCUSSION
Ms. Gurvey raises two issues on appeal but both miss
the point. While Ms. Gurvey repeatedly argues that the
district court “sua sponte” dismissed her complaint, see,
e.g., Appellant’s Inf. Br. 5, that is not true. Appellees filed
motions to dismiss. Ms. Gurvey not only failed to timely
respond to the motions to dismiss within the default four-
teen-day deadline, but she failed to respond after the dis-
trict court gave her a lengthy extension. The district court
did not act sua sponte; it simply granted unopposed mo-
tions to dismiss pursuant to the district’s Local Rules after
giving Ms. Gurvey repeated chances to cure her failure.
The substantive issues Ms. Gurvey raises for the first
time on appeal therefore are not preserved for appeal. “If
a party fails to raise an argument before the trial court, or
presents only a skeletal or undeveloped argument to the
trial court, we may deem that argument waived on ap-
peal . . . .” Fresenius USA, Inc. v. Baxter Int’l, Inc.,
582 F.3d 1288, 1296 (Fed. Cir. 2009). Ms. Gurvey has
waived all arguments. In her filings, Ms. Gurvey repeat-
edly emphasizes that she is a California attorney in good
standing. Her extensive litigation history in both this case
and the related New York cases demonstrates that
Ms. Gurvey is well acquainted with trial court litigation.
Her failure to respond cannot be attributed to an oversight
by an inexperienced pro se litigant. Accordingly, we hold
that Ms. Gurvey waived these arguments on appeal. 1
1 With respect to Baker Botts, Ms. Gurvey does not
challenge any relevant aspect of the district court’s dismis-
sal—i.e., the district court’s Noerr-Pennington doctrine
finding—on appeal and she has therefore also waived this
issue. See Becton Dickinson & Co. v. C.R. Bard, Inc.,
922 F.2d 792, 800 (Fed. Cir. 1990).
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GURVEY v. LIVE NATION ENTERTAINMENT, INC. 5
CONCLUSION
We have considered Ms. Gurvey’s remaining argu-
ments and find them unpersuasive. For the foregoing rea-
sons, we affirm.
AFFIRMED