Emmerich Newspapers, Incorporated v. Particle Media, Inc.
| Emmerich Newspapers, Incorporated |
| Particle Media, Inc. d/b/a Newsbreak |
| Smartnews International, Inc. |
| 3:2023cv00026 |
| January 12, 2023 |
| US District Court for the Southern District of Mississippi |
| Tom S Lee |
| Michael T Parker |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2024. A more recent docket listing may be available from PACER.
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Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Settlement Conference held on 10/17/2023. The court addressed various settlement issues with the parties and determined that the settlement conference scheduled for 10/19/23 should be cancelled. A text order will be entered. PARTICIPANTS: Wilson Carroll for plaintiff; Stephen Carmody and Karen Howell for defendant. (KPM)
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TEXT ONLY ORDER: After conferring with counsel, the court finds that the settlement conference set for 10/19/23 should be and is hereby cancelled. However, the parties are ordered and directed to schedule and complete private mediation or a settlement conference with the court by the discovery deadline. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on October 17, 2023 (KPM)
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Set Hearings: Telephone Conference set for 10/17/2023 10:00 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. (KPM)
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Filing 42
NOTICE of Service of Response to Request for Admissions by Particle Media, Inc. (Carmody, Stephen)
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Filing 41
NOTICE of Service of Response to Request for Production by Particle Media, Inc. (Carmody, Stephen)
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Filing 40
NOTICE of Service of Response to Interrogatories by Particle Media, Inc. (Carmody, Stephen)
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Filing 39
ORDER Regarding Settlement Conference. Signed by Magistrate Judge Michael T. Parker on August 28, 2023 (KPM)
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Filing 38
NOTICE of Service of Response to Request for Production by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 37
NOTICE of Service of Response to Interrogatories by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 36
ANSWER to #1 Complaint filed in 3:23-cv-391 by Particle Media, Inc..(Carmody, Stephen)
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Filing 35
ORDER granting #34 Motion to Consolidate Cases - IT IS, THEREFORE, ORDERED that the Plaintiff's Unopposed Second Motion to Consolidate #34 is GRANTED. Signed by Magistrate Judge Michael T. Parker on 07/13/2023 (CO)
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Filing 34
Second MOTION to Consolidate Cases by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 33
NOTICE of Service of First Set of Request for Production by Particle Media, Inc. (Howell, Karen)
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Filing 32
NOTICE of Service of First Set of Interrogatories by Particle Media, Inc. (Howell, Karen)
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Filing 31
NOTICE of Service of Request for Admissions by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 30
NOTICE of Service of Request for Production by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 29
NOTICE of Service of Interrogatories by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 28
CASE MANAGEMENT ORDER: The parties do not consent; Jury Trial set for a four week term beginning 10/7/2024 before District Judge Tom S. Lee; Pretrial Conference set for 9/16/2024 before District Judge Tom S. Lee; Discovery due by 5/1/2024; Motions for Amended Pleadings due by 7/13/2023; Motions for Joinder of Parties due by 7/13/2023; Designate Experts Plaintiff Deadline due by 2/1/2024; Designate Experts for Defendant Deadline due by 3/1/2024; Motions due by 5/15/2024; Settlement Conference set for 10/19/2023 before Magistrate Judge Michael T. Parker; ADR Report due by 9/11/2024. Signed by Magistrate Judge Michael T. Parker on June 13, 2023 (KPM)
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Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Case Management Conference held on 6/13/2023. A case management order will be entered. PARTICIPANTS: Wilson Carroll for plaintiff; Stephen Carmody and Karen Howell for defendant. (KPM)
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Reset Hearings: Telephonic Case Management Conference reset for 6/13/2023 10:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. The Court is in receipt of the parties' submissions. (KPM)
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Filing 27
Rule 16(a) Initial Order: Telephonic Case Management Conference set for 6/9/2023 9:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 6/2/23. (KPM)
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Filing 26
ORDER denying #17 Motion to Consolidate Cases Signed by District Judge Tom S. Lee on 5/3/2023 (CP)
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Filing 25
ORDER granting #22 Motion to Intervene for the Limited Purpose of Opposing the Motion to Consolidate. Signed by Magistrate Judge Michael T. Parker on May 3, 2023. (AS)
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Filing 24
Rebuttal re #20 Response in Opposition to Motion, #22 MOTION to Intervene filed by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 23
MEMORANDUM in Support re #22 MOTION to Intervene filed by Smartnews International, Inc. (Carson, Dorsey)
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Filing 22
MOTION to Intervene by Smartnews International, Inc. (Attachments: #1 Exhibit Ex. A - SmartNews International Opposition to Motion for Consolidation)(Carson, Dorsey)
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Filing 21
MEMORANDUM IN SUPPORT re #20 Response in Opposition to Motion, filed by Particle Media, Inc. (Carmody, Stephen)
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Filing 20
RESPONSE in Opposition re #17 MOTION to Consolidate Cases filed by Particle Media, Inc. (Attachments: #1 Exhibit 1 - SmartNews Complaint, #2 Exhibit 2 - SmartNews Exhibit, #3 Exhibit 3 - SmartNews Counterclaim)(Carmody, Stephen)
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DOCKET ANNOTATION as to #19 : Attorney is advised to include the correct judge assignment (TSL-MTP) on future filed pleadings. (LAT) Modified on 4/20/2023 (LAT).
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Filing 19
ANSWER to #15 Amended Complaint, by Particle Media, Inc..(Carmody, Stephen)
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Filing 18
MEMORANDUM in Support re #17 MOTION to Consolidate Cases filed by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 17
MOTION to Consolidate Cases by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 16
Corporate Disclosure Statement by Emmerich Newspapers, Incorporated (Carroll, Wilson)
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Filing 15
AMENDED COMPLAINT against Particle Media, Inc., filed by Emmerich Newspapers, Incorporated. (Attachments: #1 Exhibit A - Stolen Articles Covered by Group Registrations, #2 Exhibit B1 - Registration Certificates, #3 Exhibit B2 - Registration Certificates, #4 Exhibit B3 - Registration Certificates, #5 Exhibit B4 - Registration Certificates, #6 Exhibit C - Articles Stolen Behind Paywalls, #7 Exhibit D - Articles Published with Altered CMI)(Carroll, Wilson)
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TEXT ONLY ORDER. In light of the filing of the amended complaint, the motion to dismiss, motion for a more definite statement and motion for an extension of time to answer the original complaint are denied as moot. Signed by District Judge Tom S. Lee on April 5, 2023. NO FURTHER WRITTEN ORDER TO BE ENTERED. (DCL)
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Filing 14
ORDER staying motion to dismiss pending filing of amended complaint. Signed by District Judge Tom S. Lee on March 30, 2023 (DCL)
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Filing 13
NOTICE of Appearance by Karen Elizabeth Howell on behalf of Particle Media, Inc. (Howell, Karen)
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Filing 12
Rebuttal re #8 MOTION to Dismiss Counts I and II MOTION for More Definite Statement as to Counts I and II MOTION for Extension of Time to File Answer re #1 Complaint filed by Particle Media, Inc. (Carmody, Stephen)
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Filing 11
MEMORANDUM IN SUPPORT re #10 Response in Opposition, #8 MOTION to Dismiss Counts I and II, MOTION for More Definite Statement as to Counts I and II, MOTION for Extension of Time to File Answer re #1 Complaint filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) Modified on 3/3/2023 (LAT).
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Filing 10
Response in Opposition re #8 MOTION to Dismiss Counts I and II, MOTION for More Definite Statement as to Counts I and II, MOTION for Extension of Time to File Answer re #1 Complaint by Particle Media, Inc. (Attachments: #1 Exhibit 1 - Feb. 22, 2023 Public Catalog, #2 Exhibit 2 - Jan. 13, 2023 Public Catalog)(Carmody, Stephen) filed by Emmerich Newspapers, Incorporated (Attachments: #1 Exhibit A - Registered Articles, #2 Exhibit B - Articles Stolen Behind Paywalls, #3 Exhibit C - Articles with Altered CMI)(Carroll, Wilson)
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Filing 9
MEMORANDUM IN SUPPORT re #8 MOTION to Dismiss Counts I and II MOTION for More Definite Statement as to Counts I and II MOTION for Extension of Time to File Answer re #1 Complaint filed by Particle Media, Inc. (Carmody, Stephen)
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Filing 8
MOTION to Dismiss Counts I and II, MOTION for More Definite Statement as to Counts I and II, MOTION for Extension of Time to File Answer re #1 Complaint by Particle Media, Inc. (Attachments: #1 Exhibit 1 - Feb. 22, 2023 Public Catalog, #2 Exhibit 2 - Jan. 13, 2023 Public Catalog)(Carmody, Stephen)
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Filing 7
SUMMONS Returned Executed by Emmerich Newspapers, Incorporated. Particle Media, Inc. served on 2/1/2023, answer due 2/22/2023. (Carroll, Wilson)
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Filing 6
SUMMONS Returned Executed by Emmerich Newspapers, Incorporated. Particle Media, Inc. served on 1/17/2023, answer due 2/7/2023. (Carroll, Wilson)
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Filing 5
Summons Reissued as to Particle Media, Inc. (CO)
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Filing 4
***ERROR***DISREGARD THIS ENTRY.***SUMMONS Returned Executed by Emmerich Newspapers, Incorporated. Emmerich Newspapers, Incorporated served on 1/17/2023, answer due 2/7/2023. (Carroll, Wilson) Modified on 1/24/2023 (LAT).
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DOCKET ANNOTATION as to #4 : A return on summons should not be filed without the first page, as issued, preceding the return. Attorney is directed to refile with the first page, as issued, first along with the AO440 proof of service return. Also, the incorrect party was selected as being served. Attorney is directed to select the correct party being served. (LAT)
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Filing 3
Summons Issued as to Particle Media, Inc. (CO)
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Filing 2
NOTICE REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT and Complaint mailed to Register of Copyrights, U.S. Copyright Office, 101 Independence Ave. S.E., Washington, D.C. 20559-6000, AO-121, re #1 Complaint. (CO) (Main Document 2 replaced on 1/12/2023 with signed copy) (CO). Modified on 1/12/2023 (CO).
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Filing 1
COMPLAINT against Particle Media, Inc. ( Filing fee $ 402 receipt number 3084), filed by Emmerich Newspapers, Incorporated. (Attachments: #1 Civil Cover Sheet)(CO)
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