Osman v. Aslan et al
| Aden Osman |
| Reza Aslan and Random House Inc. |
| 1:2014cv12441 |
| June 10, 2014 |
| US District Court for the District of Massachusetts |
| Boston Office |
| Suffolk |
| Denise J Casper |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 30, 2017. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 40 MANDATE of USCA as to #30 Notice of Appeal filed by Aden Osman. Appeal #30 Terminated (Halley, Taylor) |
| Filing 39 USCA Judgment as to #30 Notice of Appeal filed by Aden Osman. AFFIRMED (Paine, Matthew) |
| Filing 38 NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at #http://www.mad.uscourts.gov/attorneys/general-info.htm (Scalfani, Deborah) |
| Filing 37 Transcript of Scheduling Conference held on April 6, 2015, before Judge Denise J. Casper. COA Case No. 15-2294. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Debra Joyce at joycedebra@gmail.com Redaction Request due 12/23/2015. Redacted Transcript Deadline set for 1/4/2016. Release of Transcript Restriction set for 3/1/2016. (Scalfani, Deborah) |
| Filing 36 TRANSCRIPT ORDER ACKNOWLEDGMENT FORM received from USCA and addressed to Debra Joyce re #30 Notice of Appeal,,, Transcript order form filed in USCA on November 3, 2015. 4/6/15 Conference. Transcript due by 1/4/2016. (Scalfani, Deborah) |
| Filing 35 Supplemental Record on Appeal transmitted to US Court of Appeals re #30 Notice of Appeal Documents included: ECF Nos. 31 and 34. (Paine, Matthew) |
| Filing 34 Judge Denise J. Casper: ELECTRONIC ORDER entered granting #31 Motion for Leave to Appeal in forma pauperis (Maynard, Timothy) |
| Filing 33 USCA Case Number 15-2294 for #30 Notice of Appeal filed by Aden Osman. (Paine, Matthew) |
| Filing 32 Certified and Transmitted Abbreviated Electronic Record on Appeal to US Court of Appeals re #30 Notice of Appeal. (Paine, Matthew) |
| Filing 31 MOTION for Leave to Appeal in forma pauperis by Aden Osman.(Maynard, Timothy) |
| Filing 30 NOTICE OF APPEAL as to 28 Order on Motion to Dismiss, by Aden Osman NOTICE TO COUNSEL: A Transcript Report/Order Form, which can be downloaded from the First Circuit Court of Appeals web site at #http://www.ca1.uscourts.gov MUST be completed and submitted to the Court of Appeals. Counsel shall register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf. Counsel shall also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at #http://www.ca1.uscourts.gov/cmecf. US District Court Clerk to deliver official record to Court of Appeals by 11/16/2015. (Maynard, Timothy) (Main Document 30 replaced on 11/6/2015) (Paine, Matthew). |
| Filing 29 Judge Denise J. Casper: ORDER entered. ORDER DISMISSING CASE(Hourihan, Lisa) |
| Filing 28 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #23 Motion to Dismiss. Plaintiff Aden Osman ("Osman"), proceeding pro se, asserts a copyright infringement claim against Reza Aslan and Penguin Random House, LLC (collectively, "Defendants"). Defendants have moved to dismiss Osman's second amended complaint. D. 23. For the reasons below, the Court ALLOWS the motion.On a motion to dismiss under Rule 12(b)(6), the Court will dismiss a complaint that fails to plead "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). "A pleading that offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.'" Ashcroft v. Iqbal, 556 U.S. 662, 678, (2009) (quoting Twombly, 550 U.S. at 555). "Nor does a complaint suffice if it tenders 'naked assertion[s]' devoid of further factual enhancement.'" Id. (quoting Twombly, 550 U.S. at 557) (alteration in original). In reviewing the complaint, the Court can consider implications from documents attached to or fairly incorporated into the complaint, facts susceptible to judicial notice and concessions in a plaintiff's response to the motion to dismiss. Schatz v. Republican State Leadership Comm., 669 F.3d 50, 55-56 (1st Cir. 2012)."[A] pro se plaintiff is entitled to liberal construction of his allegations, no matter how inartfully pled." Stern v. Haddad Dealerships of the Berkshires, Inc., 477 F. Supp. 2d 318, 321 (D. Mass. 2007). But pro se status "does not insulate a party from complying with procedural and substantive law." Ahmed v. Rosenblatt, 118 F.3d 886, 890 (1st Cir. 1997). Thus, "[w]hile a pro se complaint is held to less stringent standards than one drafted by an attorney..., courts need not conjure up unpleaded facts to support... conclusory [allegations]." Cote v. Murphy, 152 F. App'x 6, 7 (1st Cir. 2005) (quoting Hurney v. Carver, 602 F.3d 993, 995 (1st Cir. 1979)) (internal quotation marks omitted and second alteration in original).This is Osman's third attempt to state a claim. On his first attempt, this Court observed that Osman failed to allege that he owned a valid copyright or that Defendants copied any specific elements of his manuscript. D. 5 at 5. This Court also concluded that to the extent Osman was alleging claims on the basis of diversity jurisdiction, Osman had not asserted a reasonable, good faith basis to believe that his alleged damages ($10 million) could exceed $75,000. Id. at 6. In response, Osman filed an amended complaint. D. 9. At the initial status conference, the Court informed him that his complaint was still deficient but permitted him to amend his complaint again. D. 18. On April 22, 2015, Osman filed the operative complaint. D. 21.Osman's complaint still suffers from fatal flaws. First, Osman's copyright infringement claim must be dismissed because he once again has failed to plead that he owns a registered copyright. Airframe Sys., Inc. v. L-3 Commc'ns Corp., 658 F.3d 100, 105 (1st Cir. 2011) (noting that "the Copyright Act makes registration a precondition to filing a valid copyright infringement claim under the federal statute"); Warren Freedenfeld Assocs., Inc. v. McTigue, 531 F.3d 38, 47 (1st Cir. 2008) (stating that "[t]o prevail on a copyright infringement claim, the [plaintiff] must prove ownership of a valid copyright").Second, Osman's claim is time-barred. "The limitations period applicable to claims for copyright infringement is three years." Waters v. Walt Disney World Co., 237 F. Supp. 2d 162, 166 (D.R.I. 2002) (citing 17 U.S.C. 507(b)). An infringement claim accrues when a plaintiff knows or has reason to know of the injury. Cambridge Literary Props., Ltd. v. W. Goebel Porzellanfabrik G.m.b.H. & Co. Kg., 448 F. Supp. 2d 244, 259 (D. Mass. 2006), aff'd, 510 F.3d 77 (1st Cir. 2007). In his opposition, Osman acknowledges that he contacted an attorney in 2005 when Defendants "plagiarized my manuscript." D. 26 at 2; see D. 9-1 at 6-7 (Osman's agreement with an attorney in 2005 to pursue his copyright infringement claim, which was attached to his first amended complaint). Osman's claim thus fails because he waited nine years to file his claim.Finally, as the Court explained the first time, Osman still has not adequately pled diversity jurisdiction if he intends to bring state law claims. Where, as here, a defendant challenges a plaintiff's assertion of the amount in controversy, D. 24 at 10-11, the plaintiff bears the burden to allege "with 'sufficient particularity' facts that in some way support the contention that there is more than $75,000 at stake." Abdel-Aleem v. OPK Biotech LLC, 665 F.3d 38, 42 (1st Cir. 2012). Osman has not asserted any facts to establish that his case is worth more than $75,000. Instead, he doubled his demand to $20 million. D. 21 at 7. His complaint should be dismissed. Abdel-Aleem, 665 F.3d at 43 (affirming dismissal where plaintiff had "not provided any facts or substantiation to show with sufficient particularity that his case is worth more than $75,000" and noting that the plaintiff had already received an opportunity to amend his complaint).The Court ALLOWS Defendants' motion to dismiss and dismisses Osman's complaint with prejudice, D. 23, and DENIES Osman's motion for a bench trial as moot, D. 15. (Hourihan, Lisa) |
| Filing 27 Judge Denise J. Casper: ELECTRONIC ORDER entered re: #15 Motion for Bench Trial. Motion for a bench trial is DENIED without prejudice to renew after resolution of pending motion to dismiss. (Hourihan, Lisa) |
| Filing 26 Opposition re #23 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Aden Osman. (Maynard, Timothy) |
| Filing 25 Judge Denise J. Casper: ELECTRONIC ORDER entered denying #19 Motion to Appoint Counsel. Plaintiff has until 7/13/15 to file an opposition to the Motion to Dismiss the Amended Complaint, D. 23. (Hourihan, Lisa) |
| Filing 24 MEMORANDUM in Support re #23 MOTION to Dismiss Plaintiff's Second Amended Complaint filed by Random House Inc.. (McGovern, Benjamin) |
| Filing 23 MOTION to Dismiss Plaintiff's Second Amended Complaint by Random House Inc..(McGovern, Benjamin) |
| Filing 22 NOTICE of Appearance by Amanda Orcutt Amendola on behalf of Random House Inc. (Amendola, Amanda) |
| Filing 21 AMENDED COMPLAINT against Random House Inc., Reza Aslan, filed by Aden Osman.(Maynard, Timothy) |
| Filing 19 MOTION to Appoint Counsel by Aden Osman.(Maynard, Timothy) |
| Filing 18 ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 4/6/2015. Formal response to the demand by 4/7/15. Initial disclosures due by 5/29/15. Amended Pleadings due by 4/30/2015. Response due by 5/14/15. If motion to dismiss filed, initial disclosures due 14 days after decision on motion to dismiss. Fact discovery to be completed by 1/29/16. Disocvery not to begin until initial disclosures are made. Plaintiff's expert disclosures due by 2/29/16. Defendant's expert disclosures due by 3/31/16. Expert discovery to be completed by 4/29/2016. Summary Judgment Motions due by 5/31/2016. Defendants have asserted a jury trial claim in the answer to the first amended complaint. Court reserves ruling on D. 15 on further briefing and resolution of this matter. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Aden Osman pro se. Benjamin McGovern for the defendants) (Hourihan, Lisa) |
| Filing 17 JOINT SUBMISSION pursuant to Local Rule 16.1 by Reza Aslan, Random House Inc.. (Attachments: #1 Exhibit A (Defendants' Rule 16.1 Certification))(McGovern, Benjamin) |
| Filing 16 SUBMISSION pursuant to Local Rule 16.1 by Aden Osman.(Maynard, Timothy) |
| Filing 15 MOTION for Trial by a Judge and Clarification on Case Category by Aden Osman.(Maynard, Timothy) Modified on 6/29/2015 (Maynard, Timothy). |
| Filing 14 NOTICE of Scheduling Conference Scheduling Conference set for 4/6/2015 02:45 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) |
| Filing 13 CORPORATE DISCLOSURE STATEMENT by Random House Inc.. (McGovern, Benjamin) |
| Filing 12 ANSWER to #9 Amended Complaint by Reza Aslan, Random House Inc.. (Attachments: #1 Exhibit A)(McGovern, Benjamin) |
| Filing 11 SUMMONS Returned Executed Random House Inc. served on 2/4/2015, answer due 2/25/2015. (Maynard, Timothy) |
| Filing 10 SUMMONS Returned Executed Reza Aslan served on 2/3/2015, answer due 2/24/2015. (Maynard, Timothy) (Additional attachment(s) added on 2/13/2015: #1 Errata) (Maynard, Timothy). |
| Filing 9 AMENDED COMPLAINT against Random House Inc., Reza Aslan, filed by Aden Osman. (Attachments: #1 Exhibit)(Maynard, Timothy) |
| Filing 8 Summons Issued as to Reza Aslan, Random House Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Maynard, Timothy) |
| Filing 7 Filing fee/payment: $ 400.00, receipt number 1bst047522 for #1 Complaint, 6 Set Deadlines/Hearings: (Caruso, Stephanie) |
| Filing 6 Set Deadlines/Hearings: If plaintiff wishes to pursue this action, he shall file (1) an amended compaint; and (2) either the $400 fee or an application to proceed in forma pauperis DUE BY 1/12/2015. (PSSA, 4) |
| Filing 5 Judge Denise J. Casper: MEMORANDUM AND ORDER entered denying without prejudice 2 Motion for Leave to Proceed in forma pauperis. If plaintiff wishes to pursue this action, he shall, within thirty-five (35) days of the date of this Memorandum and Order, (1) file an amended complaint and (2) either pay the $400 filing fee or file an Application to Proceed in District Court Without Prepaying Fees or Costs. No summonses shall issue pending further Order of the Court. (Attachments: #1 ifp application) (PSSA, 4) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Abaid, Kimberly) |
Filing 3
General Order 09-1, dated January 6, 2009 regarding the E-Government Act and Personal Identifiers entered. (Castilla, Francis)
|
| Filing 1 COMPLAINT against All Defendants, filed by Aden Osman. (Attachments: #1 Civil Cover Sheet)(Castilla, Francis) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Massachusetts District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
