Agence France Presse v. Morel
| Agence France Presse |
| Daniel Morel, Getty Images, Inc., ABC, Inc., CBS, Inc and Turner Broadcasting Systems, Inc. |
| Daniel Morel |
| Daniel Morel, Getty Images, Inc., Agence France Presse, ABC, Inc., CBS, Inc and Turner Broadcasting Systems, Inc. |
| 1:2010cv02730 |
| March 26, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| William H. Pauley |
| Copyrights |
| 28 U.S.C. § 2201 |
| Defendant |
Docket Report
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Filing 192
OPINION #102803: The Court GRANTS Morel's motion for summary judgment that AFP and the Post are liable for copyright infringement as to the Photos-at-Issue. The Court also rejects Morel's arguments regarding the scope of statutory damages available under the Copyright Act and DMCA. The Court otherwise DENIES the summary judgment motions. A conference is set for February 1,2013, at 4:00 pm to discuss further scheduling of this matter. (Signed by Judge Alison J. Nathan on 1/14/2013) (ft) Modified on 1/16/2013 (tro).
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| Set/Reset Hearings: Scheduling Conference set for 2/1/2013 at 04:00 PM before Judge Alison J. Nathan. (ft) |
| Filing 191 Letter addressed to Judge Alison J. Nathan from Barbara Hoffman dated 1/9/2013 re: Counsel writes to inform the Court that more than sixty clays have elapsed and oral argument has not been scheduled in the above captioned case. Document filed by Daniel Morel.(ft) |
| Filing 190 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 03/02/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 189 TRANSCRIPT of Proceedings re: Conference held on 3/2/2012 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/23/2012. Redacted Transcript Deadline set for 8/2/2012. Release of Transcript Restriction set for 9/28/2012.(McGuirk, Kelly) |
| Filing 188 MOREL'S REPLY 56.1 EVIDENCE. Document filed by Daniel Morel. ***Accepted for filing by Alison J. Nathan on 6/5/2012, Document Number 168. (received for docketing on 6/22/2012) (mro) |
| Filing 187 RESPONSE in Support re: 121 MOTION for Summary Judgment. REPLY 56.1 EVIDENCE. Document filed by Daniel Morel. (Attachments: # 1 Supplement)(Hoffman, Barbara) |
| Filing 186 RESPONSE in Support re: 121 MOTION for Summary Judgment. REPLY 56.1 EVIDENCE MEMORANDUM OF LAW. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 185 RESPONSE in Support re: 121 MOTION for Summary Judgment. BARBARA T. HOFFMAN. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit Part 1 of 4, # 10 Exhibit Part 2 of 4, # 11 Exhibit Part 3 of 4, # 12 Exhibit Part 4 of 4, # 13 Exhibit, # 14 Exhibit)(Hoffman, Barbara) |
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Filing 184
ORDER: Plaintiff has failed to submit courtesy copies of these papers (summary judgment papers) that are tabbed as required by the Court's Individual Rules Section 3.B. Plaintiff is ORDERED to resubmit courtesy copies of these papers that are compliant with the Court's individual rules no later than 5:00pm June 18, 2012. (Signed by Judge Alison J. Nathan on 6/14/2012) (jar)
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| Filing 183 ENDORSED LETTER addressed to Judge Alison J. Nathan from Barbara Hoffman dated 6/14/2012 re: Mr. Morel seeks confirmation that the two courtesy copies (summary judgment papers) may be delivered tomorrow before 1:00 p.m. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 6/14/2012) (jar) |
| Filing 182 JOINT RESPONSE to Evidentiary Objections Raised in Morel's Rule 56.1 Counter-Statement. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Rosenfeld, James) |
| Filing 181 SEALED DOCUMENT placed in vault.(mps) |
| Filing 180 DECLARATION of BARBARA T. HOFFMAN in Opposition re: 128 JOINT MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit Part 1 of 3, # 4 Exhibit Part 2 of 3, # 5 Exhibit Part 3 of 3, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Hoffman, Barbara) |
| Filing 179 COUNTER STATEMENT TO 129 Rule 56.1 Statement. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 178 REPLY AFFIDAVIT of BARBARA T. HOFFMAN in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit Part 1 of 7, # 3 Exhibit Part 2 of 7, # 4 Exhibit Part 3 of 7, # 5 Exhibit Part 4 of 7, # 6 Exhibit Part 5 of 7, # 7 Exhibit Part 6 of 7, # 8 Exhibit Part 7 of 7, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit)(Hoffman, Barbara) |
| Filing 177 REPLY AFFIDAVIT of DANIEL MOREL in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit Part 1 of 5, # 12 Exhibit Part 2 of 5, # 13 Exhibit Part 3 of 5, # 14 Exhibit Part 4 of 5, # 15 Exhibit Part 5 of 5)(Hoffman, Barbara) |
| Filing 176 REPLY MEMORANDUM OF LAW in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 175 JOINT RESPONSE To Morel's Amended Rule 56.1 Statement in Opposition. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Rosenfeld, James) |
| Filing 174 JOINT REPLY MEMORANDUM OF LAW in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Rosenfeld, James) |
| Filing 173 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Joshua J. Kaufman dated 6/8/2012 re: Filing of documents under seal...; ENDORSEMENT: Endorsed Order: Application denied. We made it exquisitely clear to Getty at our last conference that in its papers it must identify any segments of Morel's papers it wished sealed and justify such sealing. The only item it addressed was Exhibit AA even though it already had in hand Morel's papers. As we noted at the conference, the parties have visited on the court a plethora of papers that failed to identify with any specificity which parts of Morel's papers were the subject of dispute and we made it abundantly clear that Getty must be specific in its last set of papers. To the extent it failed to identify anything other than one exhibit, it must live with its choice. (Signed by Magistrate Judge Michael H. Dolinger on 6/8/2012) (djc) |
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Filing 172
MEMORANDUM AND ORDER: For the reasons stated, defendant Morel is to publicly file his motion papers in accordance with the foregoing rulings. He is to file an unredacted version of Exhibit AA under seal. This is to be done within seven days. So Ordered (Signed by Magistrate Judge Michael H. Dolinger on 6/7/2012) Copies Sent By Chambers. (js)
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| Filing 171 ENDORSED LETTER addressed to Judge Alison J. Nathan from Barbara Hoffman dated 6/7/2012 re: The Court has allocated twenty-five pages for each party's reply brief. The purpose of this letter is to request an additional five pages for a total of thirty pages in connection with the Counterclaim-Plaintiff's reply brief. ENDORSEMENT: Request denied. So ordered. (Signed by Judge Alison J. Nathan on 6/8/2012) (rjm) |
| Filing 170 MEMORANDUM OF LAW in Opposition re: 128 JOINT MOTION for Summary Judgment.. Document filed by Daniel Morel. (Hoffman, Barbara) |
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Filing 169
ORDER: The Court GRANTS the requested extension solely for the purpose of responding to these objections. The extension does not apply to any other materials the parties intend to sub mit related to the summary judgment motions, including the parties'reply briefs, which remain due on June 12, 2012, with courtesy copies to be submitted on June 13, 2012. The parties should submit their brief responses to any such objections in a separate document from their reply briefs, no later than June 14, 2012. Having undertaken a preliminary review of the parties' submissions, due to the volume of those submissions and number of putative disputes in those submissions the Court adjourns the oral argument scheduled for July 12, 2012, until further notice from the Court. (Signed by Judge Alison J. Nathan on 6/5/2012) (laq)
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| Filing 168 ENDORSED LETTER addressed to Judge Alison J. Nathan from Barbara Hoffman dated 6/4/2012 re: I would like to clarify whether as provided in the March 5, 2012 Order, the courtesy copies should be filed no later than the close of business on June 13, 2012, or whether they should be delivered to the Marshall when we e-file. ENDORSEMENT: The parties shall make every effort to file documents electronically. If Morel is unable to so file his 56.1 statement, he may do so by hand. Courtesy copies shall be submitted by 5:00 p.m. 6/13/2012. So ordered. (Signed by Judge Alison J. Nathan on 6/5/2012) (rjm) |
| Filing 167 DECLARATION of JAMES ROSENFELD in Opposition re: 121 MOTION for Summary Judgment.. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Rosenfeld, James) |
| Filing 166 DECLARATION of HEATHER CAMERON in Opposition re: 121 MOTION for Summary Judgment.. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Rosenfeld, James) |
| Filing 165 DECLARATION of JAMES A. McLAUGHLIN in Opposition re: 121 MOTION for Summary Judgment.. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Rosenfeld, James) |
| Filing 164 DECLARATION of CATHERINE CALHOUN in Opposition re: 121 MOTION for Summary Judgment.. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Rosenfeld, James) |
| Filing 163 COUNTER STATEMENT TO 127 Rule 56.1 Statement. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Attachments: # 1 Exhibit 1)(Rosenfeld, James) |
| Filing 162 JOINT MEMORANDUM OF LAW in Opposition re: 121 MOTION for Summary Judgment.. Document filed by Agence France Presse, Getty Images, Inc., The Washington Post Company. (Rosenfeld, James) |
| Filing 161 DECLARATION of Daniel Morel in Opposition re: 128 JOINT MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Hoffman, Barbara) |
| Filing 160 DECLARATION of Daniel Morel in Opposition re: 128 JOINT MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Hoffman, Barbara) |
| Filing 159 STATEMENT OF UNDISPUTED MATERIAL FACTS IN SUPPORT OF DEFENDANT-COUNTERCLAIM PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT PURSUANT TO LOCAL CIVIL RULE 56.1. Document filed by Daniel Morel. ***Accepted for filing by the Honorable Alison J. Nathan on 5/14/2012, document #155. (mro) |
| Filing 158 DECLARATION of Barbara T. Hoffman in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit Part 1 of 5, # 2 Exhibit Part 2 of 5, # 3 Exhibit Part 3 of 5, # 4 Exhibit Part 4 of 5, # 5 Exhibit Part 5 of 5, # 6 Exhibit Part 1 of 3, # 7 Exhibit Part 2 of 3, # 8 Exhibit Part 3 of 3, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit Part 1 of 2, # 17 Exhibit Part 2 of 2, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit)(Hoffman, Barbara) |
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Filing 157
ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned action on TUESDAY, MAY 22, 2012, at 11:00 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. ( Status Conference set for 5/22/2012 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 5/14/2012) Copies Faxed By Chambers. (jfe)
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Filing 156
ORDER: The request for an extension of the briefing schedule is DENIED. The Court has already granted one extension of the briefing schedule to which the parties agreed at the March 2, 2012, conference, notwithstanding that the parties were informed at that conference that the Court was unlikely to grant extensions of this schedule, and is not inclined to grant further extensions absent exceptional circumstances. (Signed by Judge Alison J. Nathan on 5/11/2012) (cd)
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| Filing 155 ENDORSED LETTER addressed to Judge Alison J Nathan from Barbara Hoffman dated 5/10/2012 re: Request for permission to file Morel's Local Rule 56.1 by hand. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 5/14/2012) (cd) |
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Filing 154
ORDER: We have recently received voluminous submissions in the above-captioned action which purport to address which portions of plaintiff Morel's filed or forthcoming motion for summary judgment should be filed under seal. It is not altogether clear 1) what plaintiff wants to file and 2) what portion of that defendants believe should be sealed. Plaintiff is to serve upon defendants the entirety of his summary judgment papers by hand or mail, and defendants are to then specify which portions of those papers they want to be filed under seal and explain why. (Signed by Magistrate Judge Michael H. Dolinger on 5/10/2012) Copies Faxed By Chambers. (lmb)
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| Filing 153 DECLARATION of James Rosenfeld in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Rosenfeld, James) |
| Filing 152 AFFIDAVIT OF SERVICE of Memorandum of Law, Local Rule 56.1 Statement, Declarations served on AFP, Getty Images, The Washington Post on April 27, 2012. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 151 ENDORSED LETTER: addressed to Magistrate Judge Michael H. Dolinger from Barbara Hoffman dated 5/2/2012 re: Counsel for defendant writes By way of further clarification, Morel would like to refer to the specia1 relationship between AFP and Getty Images described in the Declaration of Gilles Tarot -that Getty Images has the right to relicense and sell AFP images in the US and the UK and that the financial relationship includes payment of a royalty on images sold, as the nature of the AFP/Getty Images financial arrangement on an abstract level has been raised publicly by Getty Images in the context of the Walk case, previously discussed by me. ENDORSEMENT: If the parties are unable to resolve disagreements about what material, if any, in plaintiff's motion papers should be redacted from the public filing, Getty and AFP may make an application by May 7, 2012. (See Order dated May 2, 2012). (Signed by Magistrate Judge Michael H. Dolinger on 5/3/2012) (js) |
| Filing 150 ENDORSED LETTER: addressed to Magistrate Judge Michael H. Dolinger from James Rosenfeld dated 5/2/2012. re: on behalf of Third Party Counterclaim Defendants Getty Images (US), Inc, ("Getty Images") and Agence France Presse ("AFP"), As we understand Ms. Hoffman's letter of today, and the partially redacted version of the AFP-Getty Images License Agreement (tile "Agreement") annexed to it, Mr. Morel now seeks leave to submit the entire Agreement with only portions of three pricing provisions redacted. This goes far beyond what she had previously indicated in communications between counsel and to the Court. and the scope of the Court's Order of April 27, and it does so on the eve of the May 3 deadline set by Your Honor. We therefore respectfully request an adjournment of that deadline until Monday. May 7, in order to submit an appropriate reply. ENDORSEMENT: Application granted. If defendants make a submission seeking sealing, Plaintiff is to respond by May 9, 2012. (Signed by Magistrate Judge Michael H. Dolinger on 5/2/2012) (js) |
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Filing 149
MEMORANDUM & ORDER: Given this state of the record, Getty has plainly not met its burden to justify sealing any part of Morel's motion papers. That said, we note that Getty has undertaken its application, and we, our analysis, before having seen Morel's actual summary-judgment motion papers. To ensure against any inappropriate public release of provably sensitive information, Morel is to serve his papers but refrain from public filing of any documents pertaining to the challenged excerpts of the agreement until May 3, 2012. In the interval, and on review of those papers, if Getty concludes that they contain material that is justifiably sealed, it may apply to the court, in which case filing will be stayed until that issue is resolved. (Signed by Magistrate Judge Michael H. Dolinger on 4/27/20123)Copies Mailed and Faxed By Chambers (djc) Modified on 4/30/2012 (djc).
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| Filing 148 DECLARATION of Daniel Morel in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit Part 1 of 2, # 10 Exhibit Part 2 of 2, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit)(Hoffman, Barbara) |
| Filing 147 DECLARATION of Hilary Gish in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hoffman, Barbara) |
| Filing 146 DECLARATION of Darvin Valdez in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit)(Hoffman, Barbara) |
| Filing 145 DECLARATION of Barbara T. Hoffman in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit)(Hoffman, Barbara) |
| Filing 144 JOINT MEMORANDUM OF LAW in Support re: 128 JOINT MOTION for Summary Judgment. with Exhibits. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Rosenfeld, James) |
| Filing 143 DECLARATION of James McLaughlin in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosenfeld, James) |
| Filing 142 DECLARATION of Siva Ghatti in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A)(Rosenfeld, James) |
| Filing 141 DECLARATION of Michel duCille in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A)(Rosenfeld, James) |
| Filing 140 DECLARATION of Jeff Burkett in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Rosenfeld, James) |
| Filing 139 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of James Rosenfeld in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Rosenfeld, James) Modified on 5/9/2012 (ka). |
| Filing 138 DECLARATION of Heather Cameron in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Rosenfeld, James) |
| Filing 137 DECLARATION of Christiane Eisenberg in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A)(Rosenfeld, James) |
| Filing 136 DECLARATION of Catherine Calhoun in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A)(Rosenfeld, James) |
| Filing 135 DECLARATION of Francisco Bernasconi in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Rosenfeld, James) |
| Filing 134 DECLARATION of Sarah Hendon in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Rosenfeld, James) |
| Filing 133 DECLARATION of Eva Hambach in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Rosenfeld, James) |
| Filing 132 DECLARATION of Gilles Tarot in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Rosenfeld, James) |
| Filing 131 DECLARATION of Vincent Amalvy in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Rosenfeld, James) |
| Filing 130 JOINT MEMORANDUM OF LAW in Support re: 128 JOINT MOTION for Summary Judgment.. Document filed by Getty Images, Inc.. (Rosenfeld, James) |
| Filing 129 RULE 56.1 STATEMENT. Document filed by Getty Images, Inc.. (Rosenfeld, James) |
| Filing 128 JOINT MOTION for Summary Judgment. Document filed by Getty Images, Inc..(Rosenfeld, James) |
| Filing 127 RULE 56.1 STATEMENT. Document filed by Daniel Morel. (Attachments: # 1 Supplement, # 2 Supplement, # 3 Supplement, # 4 Supplement)(Hoffman, Barbara) |
| Filing 126 MEMORANDUM OF LAW in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 125 DECLARATION of Richard A. Morse in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit)(Hoffman, Barbara) |
| Filing 124 DECLARATION of Tequila Minsky in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit)(Hoffman, Barbara) |
| Filing 123 DECLARATION of Angela Foglesong in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Hoffman, Barbara) |
| Filing 122 DECLARATION of Phyllis Galembo in Support re: 121 MOTION for Summary Judgment.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit Part 1 of 2, # 11 Exhibit Part 2 of 2, # 12 Exhibit Part 1 of 2, # 13 Exhibit Part 2 of 2, # 14 Exhibit Part 1 of 2, # 15 Exhibit Part 2 of 2, # 16 Exhibit Part 1 of 2, # 17 Exhibit Part 2 0f 2, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit Part 1 of 4, # 21 Exhibit Part 2 of 4, # 22 Exhibit Part 3 0f 4, # 23 Exhibit Part 4 of 4, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit)(Hoffman, Barbara) |
| Filing 121 MOTION for Summary Judgment. Document filed by Daniel Morel.(Hoffman, Barbara) |
| Filing 120 ENDORSED LETTER addressed to Magistrate Judge Michael H. Dolinger from Barbara Hoffman dated 4/20/2012 re: The AFP/Getty Images agreement is included for the Court's review. The paragraphs that we would like to use from the agreement are set forth in this letter. ENDORSEMENT: If Getty and/or AFP intend to defend the designation of the cited passages from their partnership agreement, they are to provide one or more affidavits or declarations establishing in detail the evidentiary basis for their position. This is to be done by close of business April 25, 2012. Plaintiff may respond by close of business April 26, 2012. Plaintiff may withhold e-filing of his papers (but not service) until this dispute is resolved. (Signed by Magistrate Judge Michael H. Dolinger on 4/23/2012) (lmb) |
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Filing 119
ORDER: IT IS ORDERED that the Plaintiffs' request for an extension of the summary judgment briefing schedule is granted. Any motion for summary judgment, along with a memorandum of points and authorities, 56.1 statement, and any supporting exhibits or affidavits shall be served on opposing counsel no later than April 27, 2012. Any memorandum of points and authorities in opposition to a motion for summary judgment, along with any response to the movant's 56.1 statement and any supporting exhibits or affidavits, shall be served on opposing counsel no later than May 29, 2012. Any reply memorandum of points and authorities in support of a motion for summary judgment, along with any supporting exhibits or affidavits, shall be served on opposing counsel no later than June 12, 2012. Oral argument will occur on July 12, 2012, at 11:00 am. Plaintiffs' request to file her summary to file certain of her summary judgment papers by hand with the Clerk of the Court is denied. Plaintiff should file her summary judgment papers using the standard ECF filing practices. Plaintiffs letter suggests that she intends to file several complete deposition transcripts and all exhibits attached thereto (Signed by Judge Alison J. Nathan on 4/6/2012) (js)
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| Set/Reset Hearings: Oral Argument set for 7/12/2012 at 11:00 AM before Judge Alison J. Nathan. (js) |
| Filing 118 ENDORSED LETTER addressed to Judge Alison J. Nathan from Barbara Hoffman dated 3/5/2012 re: counsel Defendant and Counterclaim Plaintiff Daniel Morel respectfully requests that the "bundling" approach be replaced with the traditional method of filing and that this be considered a case that because of the numerous images and documents is not appropriate for such filing. Mr. Morel is perfectly happy for one of the counsel to undertake the role of collecting hard copies for delivery to the Court on May 29th so that Your Honor will not receive all documents piece-meal. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 5/6/2012) (pl) Modified on 3/6/2012 (pl). |
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Filing 117
ORDER: IT IS ORDERED that the following procedures and deadlines are applicable to the parties' motions for summary judgment: Any motion for summary judgment, along with a memorandum of points and authorities, 56.1 statement, and any supporting exhibits or affidavits shall be served on opposing counsel no later than April 13, 2012. Any memorandum of points and authorities in opposition to a motion for summary judgment, along with any response to the movant's 56.1 statement and any supporting exhibits or affidavits, shall be served on opposing counsel no later than May 14, 2012. Any reply memorandum of points and authorities in support of a motion for summary judgment, along with any supporting exhibits or affidavits, shall be served on opposing counsel no later than May 29, 2012. The parties shall file the summary judgment papers with the Court no later than May 29, 2012, and shall take care to ensure that the papers appear in the appropriate order on the docket. Two courtesy copies of any such papers filed on May 29, 2012, shall be delivered to the Court no later than the close of business on May 30, 2012. Plaintiff Agence France Presse and Counterclaim Defendants Getty Images, Inc. and the Washington Post Company shall file a single consolidated memorandum of points and authorities in support of any motion for summary judgment that they may file. Memoranda of points and authorities in support of or in opposition to a motion for summary judgment shall not exceed fifty pages in length. Reply briefs in support of a motion for summary judgment shall not exceed twenty-five pages in length. Oral argument is scheduled for June 19, 2012, at 10:00 am. ( Motions due by 5/29/2012., Oral Argument set for 6/19/2012 at 10:00 AM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 3/5/2012) (mro)
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Filing 116
ORDER: Defendant/counter claimant Daniel Morel shall designate his experts and provide expert reports by no later than MONDAY, MARCH 12, 2012. The schedule will remain open for opposing parties to designate experts. (Signed by Magistrate Judge Michael H. Dolinger on 3/2/2012) Copies Faxed By Chambers. (cd) Modified on 3/13/2012 (cd).
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| Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery Hearing held on 3/2/2012. (jfe) |
| Minute Entry for proceedings held before Judge Alison J. Nathan: Status Conference held on 3/2/2012, ( Status Conference set for 6/19/2012 at 10:00 AM before Judge Alison J. Nathan.), ( Motions due by 4/13/2012., Replies due by 5/29/2012., Responses due by 5/14/2012.). (lmb) |
| Filing 115 ENDORSED LETTER addressed to Judge Alison J. Nathan from Barbara Hoffman dated 2/23/2012 re: Counsel for the defendant-counterclaim plaintiff requests that their joint letter to the Court be submitted by next Thursday, March 1st at noon. ENDORSEMENT: So Ordered. (Signed by Judge Alison J. Nathan on 2/23/2012) (ft) |
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Filing 114
ORDER: It is hereby ORDERED that a conference has been scheduled in the above-captioned action on FRIDAY, MARCH 2, 2012, at 4:00 P.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. ( Status Conference set for 3/2/2012 at 04:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 2/21/2012) Copies Sent By Chambers. (mro)
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Filing 113
ORDER: WHEREAS this case was recently transferred to the undersigned, it is hereby ORDERED that unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the case's transfer. However, any previously scheduled conferences with the Court are adjourned until further notification. IT IS FURTHER ORDERED that the parties appear on March 2, 2012, at 2:00 pm in Courtroom 23B, United States District Court, 500 Pearl Street, New York, NY 10007, for a status conference. The order referring this case to Magistrate Judge Dolinger remains in effect unless and until further notice is received from the Court. IT IS FURTHER ORDERED that the parties submit a joint letter to the Court updating the Court on the status of the case no later than February 27, 2012. The parties are directed to the Court's Individual Practices (available at the Court's website, http://nysd.uscourts.gov/judge/Nathan) regarding the submission of letters. The status letter should address the subjects herein. ( Status Conference set for 3/2/2012 at 02:00 PM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 2/9/2012) (mro)
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| Filing 112 NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge William H. Pauley, III is no longer assigned to the case. (pgu) |
| Filing 111 Letter addressed to Judge William H. Pauley, III from Joshua J. Kaufman dated 1/12/2012 re: We represent Agence France Presse in the above-captioned matter. Pursuant to the Court's Individual Practice Rules, this letter is written in response to the pre-motion letter submitted by Mr. Morel's counsel on January 6, 2012. (rjm) |
| Filing 110 Letter addressed to Judge William H. Pauley from James Rosenfeld dated 1/6/2012 re: Counsel for counter claim defendants write for each copyrighted work, a single statutory damages award will represent compensation for all acts of infringement by each of the jointly and severally liable defendants. Document filed by The Washington Post Company.(js) |
| Filing 109 Letter addressed to Judge William H. Pauley III from Barbara Hoffman dated 1/6/2012 re: Morel writes to request permission to file a motion seeking an order granting Morel Summary Judgment under the Copyright Action of 1976, 17 U.S.C. Section 101 et seq. (the "Act"), for direct copyright infringement against the counterclaim defendants Agence France Presse ("AFP"), Getty Images (US) Inc. ("Getty") and the Washington Post Company (the "Washington Post"), collectively ("Counterclaim Defendants"), and for summary judgment for vicarious and contributory copyright infringement against AFP and Getty. Document filed by Daniel Morel.(lmb) |
| Filing 108 Letter addressed to Judge William H. Pauley, III from James Rosenfeld dated 1/12/2012 re: Counsel for the counterclaim defendant writes in opposition to Mr. Morel's pre-motion letter to the Court. Document filed by Getty Images, Inc.(ft) |
| Filing 107 Letter addressed to Judge William H. Pauley III from Barbara Hoffman dated 1/12/2012 re: counsel for defendant and counterclaim plaintiff Daniel Morel writes that Morel anticipated making the following arguments in opposition to the Pre-motion letter submitted by counterclaim defendants. Document filed by Daniel Morel.(pl) |
| Filing 106 Letter addressed to Judge William H. Pauley from James Rosenfeld dated 1/6/12 re: Counsel for Getty Images seeks leave to move for summary judgment as to all claims against it and list arguments that they anticipate making. Document filed by Getty Images, Inc.(mro) |
| Filing 105 Letter addressed to Judge William H. Pauley from Joshua J. Kaufman dated 1/6/2012 re: counsel requests a pre-motion conference in accordance with the Court's Individual Practice Rules for the purpose of moving for partial summary judgment against Counter-Plaintiff Daniel Morel. Document filed by Agence France Presse.(djc) |
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Filing 104
ORDER: The parties shall exchange evidence they intend to rely on in their Joint Statement of Undisputed Material Facts pursuant to Rule 56.1 ("Joint 56.1 Statement") by March 5,2012; The parties shall submit their Joint 56.1 Statement to the Court by April 5, 2012; The parties shall submit any letter regarding issues with the Joint 56.1 Statement by April 5, 2012; and the Court will hold a teleconference on April 20, 2012 at 3:00 p.m. to address any issues raised in the parties' April 5, 2012 letters and to set a briefing schedule. ( Telephone Conference set for 4/20/2012 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/17/2012) (cd)
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| Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 1/13/2012. The Court held a pre-motion conference. (pl) |
| Filing 103 ENDORSED LETTER: addressed to Judge William H. Pauley from Barbara Hoffman dated 12/9/2011 re: Mr. Morel requests that in view of the above he be permitted to file a letter not to exceed eight pages for both the letter requesting leave to move and the reply. ENDORSEMENT: Application granted in part. Mr. Morel's pre-motion letter shall not exceed 5 pages. So Ordered. (Signed by Judge William H. Pauley, III on 1/4/2012) (js) |
| Filing 102 ENDORSED LETTER addressed to Judge William H. Pauley, III from Barbara Hoffman dated 12/8/2011 re: Request that the conference scheduled for December 21st, be adjourned. ENDORSEMENT: Application granted. The conference scheduled for Dec. 21, 2011 is adjourned to Jan. 13, 2012 at 11:15 a.m. The parties are directed to submit pre-motion letters by Jan. 6, 2012. So ordered. (Pre-Motion Conference set for 1/13/2012 at 11:15 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/13/2011) (rjm) |
| Filing 101 ENDORSED LETTER addressed to Judge William H. Pauley, III from Joshua Kaufman dated 12/2/2011 re: The undersigned submit this status report in response to the Court's order dated November 21, 2011. ENDORSEMENT: The Court will hold a pre-motion conference Dec. 21, 2011 at 11:30 a.m. The parties are directed to submit pre-motion letters by Dec. 14, 2011. So ordered. (Pre-Motion Conference set for 12/21/2011 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 12/8/2011) (rjm) |
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Filing 100
ORDER: The parties are directed to submit a joint status report regarding this matter by December 2, 2011. (Signed by Judge William H. Pauley, III on 11/18/2011) (pl)
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Filing 99
MEMORANDUM & ORDER: For the reasons set forth in this Order, Getty is to produce within seven days the aforementioned items but may redact from them any explicit descriptions of the advice of counsel. (Signed by Magistrate Judge Michael H. Dolinger on 10/28/2011) Copies Sent By Chambers. (pl) Modified on 10/31/2011 (pl).
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Filing 98
MEMORANDUM AND ORDER: For the reasons stated, the motion of AFP for a protective order is granted in part and denied in part, to the extent noted. (Signed by Magistrate Judge Michael H. Dolinger on 10/27/2011) (js) Copies Mailed by Chambers
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Filing 97
MEMORANDUM & ORDER: Morel's motion to compel compliance with his deposition notices is denied. (Signed by Magistrate Judge Michael H. Dolinger on 10/27/2011) (mro)
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Filing 96
MEMORANDUM & ORDER: By letter dated August 24, 2011, counsel for counterclaim-plaintiff Daniel Morel seeks a ruling as to whether employees of plaintiff Agence France Presse ("AFP") who are located outside this state and more than 100 miles from the courthouse may be subpoenaed by Morel for testimony at trial. AFP in turn seeks a ruling limiting Morel to taking only non-duplicative depositions under Rule 30(b)(6). The short answer to Morel's application is that Rule 45 precludes the subpoenaing of corporate employees of a party for trial if they are outside the state where the trial is held and more than 100 miles from the courthouse unless they are a corporate "officer". Although Morel refers to two individuals employed by AFP whom he wishes to call at trial, he does not seek to demonstrate that they are officers of the company, and AFP affirmatively represents that they are not, that is, that they are "mid-level management", a characterization with which Morel does not quarrel. On the current record we have no basis to rule, as Morel requests, that these individuals must be made available for trial on subpoena. If, before the trial, Morel develops evidence that they, or other possible corporate witnesses, are officers or that they are located either in New York or within 100 miles of the court, he will be free to make an appropriate application upon service of trial subpoenas. As for the application of AFP, we note that Morel has proffered no opposition to it. Accordingly, we deem the stated plans of AFP to produce witnesses to testify on topics identified in the letter of AFP's counsel as presumptively adequate under Rule 30 (b)(6). (Signed by Magistrate Judge Michael H. Dolinger on 10/27/2011) (mro) Modified on 10/28/2011 (mro).
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| Filing 95 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 6/15/11 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 94 TRANSCRIPT of Proceedings re: Conference held on 6/15/2011 before Magistrate Judge Michael H. Dolinger. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2011. Redacted Transcript Deadline set for 12/1/2011. Release of Transcript Restriction set for 1/28/2012.(McGuirk, Kelly) |
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Filing 93
ORDER: Response, if any, to plaintiff's motion, shall be filed no later than Friday, September 16, 2011. Responses due by 9/16/2011. (Signed by Magistrate Judge Michael H. Dolinger on 9/13/2011) Copies Faxed By Chambers. (jfe)
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| Filing 92 ENDORSED LETTER: addressed to Judge William H. Pauley from Barbara Hoffman dated 9/9/11 re: Counsel for defendant request a a pre-motion conference in accordance with the Court's Individual Practices for the purpose of moving for partial summary judgment against Agence France Presse ("AFP") Getty Images ("Getty") and the Washington Post Company. Further Morel requests that the discovery cutoff date be adjourned pending the resolution of the motion for summary judgment and the outstanding discovery issues.. ENDORSEMENT: Application denied. This Court will entertain any applications for summary judgment. When discovery is complete. After parties have conferred with Magistrate Judge Dolinger, this Court will set a revised discovery cutoff. So Ordered. (Signed by Judge William H. Pauley, III on 9/9/11) (js) |
| Filing 91 MEMO ENDORSED granting 89 Motion for Jaime G Touchstone to Appear Pro Hac Vice for defendant Daniel Morel. (Signed by Judge William H. Pauley, III on 9/6/11) (cd) |
| Filing 90 NOTICE OF APPEARANCE by Joseph Thompson Baio on behalf of Daniel Morel (Baio, Joseph) |
| CASHIERS OFFICE REMARK on 89 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 08/23/2011, Receipt Number 1014768. (jd) |
| Filing 89 MOTION for Jaime G. Touchstone to Appear Pro Hac Vice. Document filed by Daniel Morel.(pgu) |
| Filing 88 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by The Washington Post Company.(Adler, Deborah) |
| Filing 87 AMENDED ANSWER to 80 Answer to Counterclaim,,,,,,,,,. Document filed by Agence France Presse. (Kaufman, Joshua) |
| Filing 86 ANSWER to 80 Counterclaim., COUNTERCLAIM against Daniel Morel. Document filed by The Washington Post Company.(Rosenfeld, James) |
| Filing 85 ANSWER to 80 Counterclaim., COUNTERCLAIM against Daniel Morel. Document filed by Getty Images, Inc..(Rosenfeld, James) |
| Filing 84 ENDORSED LETTER addressed to Magistrate Judge Michael H Dolinger from Barbara Hoffman dated 6/21/11 re: Discovery document disputes. ENDORSEMENT: We will address the documents currently at issue when relevant papers are submitted. The parties are encouraged to confer on the newly identified documents but await a ruling before submitting more papers. (Signed by Magistrate Judge Michael H. Dolinger on 6/22/11) (cd) |
| CASHIERS OFFICE REMARK on 82 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/17/2011, Receipt Number 9553. (jd) |
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Filing 83
ORDER GRANTING MOTION FOR PRO HAC VICE ADMISSION OF ELISSA BROCKBANK REESE 82 Motion for Elissa Brockbank Reese to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 6/21/2011) (tro)
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| Filing 82 MOTION for Elissa Brockbank Reese to Appear Pro Hac Vice. Document filed by Agence France Presse.(pgu) |
| Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Discovery Hearing held on 6/15/2011. (ft) |
| Filing 81 AFFIDAVIT OF SERVICE of Third Amended Answer, Affirmative Defense and Counterclaims served on The Washington Post Company on June 13, 2011. Service was accepted by James Rosenfeld. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 80 ANSWER to 4 Counterclaim., COUNTERCLAIM against Daniel Morel. Document filed by Daniel Morel. (Attachments: # 1 Exhibit Exhibit A - TWITPIC TOS, # 2 Exhibit Exhibit B - L. Suerro Twitter, # 3 Exhibit Exhibit C - Media Correspondence with Morel, # 4 Exhibit Exhibit D - Amalvy, # 5 Exhibit Exhibit E (1), # 6 Exhibit Exhibit E (2), # 7 Exhibit Exhibit E (3), # 8 Exhibit Exhibit F - Haiti Attempts to Buy Photos Blog, # 9 Exhibit Exhibit G - Soles4Souls, # 10 Exhibit Exhibit H - Kill, # 11 Exhibit Exhibit I - Corbis, # 12 Exhibit Exhibit J - Nikon Passion, # 13 Exhibit Exhibit K (1), # 14 Exhibit Exhibit K (2), # 15 Exhibit Exhibit L (1) - Newsweek, # 16 Exhibit Exhibit L (2)(a), # 17 Exhibit Exhibit L (2)(b), # 18 Exhibit Exhibit L (3) - San Antonio, # 19 Exhibit Exhibit M (1), # 20 Exhibit Exhibit M (2), # 21 Exhibit Exhibit M (3), # 22 Exhibit Exhibit N - CBS Images, # 23 Exhibit Exhibit O - Copyright Registration, # 24 Exhibit Exhibit P, # 25 Exhibit Exhibit Q, # 26 Exhibit Exhibit R, # 27 Exhibit Exhibit S, # 28 Exhibit Exhibit T, # 29 Exhibit Exhibit U)(Hoffman, Barbara) |
| Filing 79 Letter addressed to Judge William H. Pauley III from Barbara Hoffman dated 4/11/11 re: Discovery has indicated that the Washington Post is individually liable and should be added as a party. Document filed by Daniel Morel. (ft) |
| Filing 78 Letter addressed to Judge William H. Pauley III from James Rosenfeld dated 4/8/11 re: Defendant writes in response to the letter submitted by Ms. Hoffman, counsel for defendant-counterclaim plaintiff Daniel Morel, requesting leave to amend Mr. Morel's counterclaims a third time. Document filed by Getty Images, Inc. (ft) |
| Filing 77 Letter addressed to Judge William H. Pauley III from Barbara Hoffman dated 4/7/11 re: Defendant requests permission to amend the Second Amended Complaint to specifically add the Washington Post as a Counter-claim Defendant. Document filed by Daniel Morel. (ft) |
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Filing 76
SCHEDULING ORDER: Discovery shall be completed by September 16, 2011. The parties shall submit a joint pre-trial order in accord with this Court's rules of individual practice by October 21, 2011. This Court will hold a final pretrial conference on November 4, 2011 at 10:30 a.m. (Signed by Judge William H. Pauley, III on 6/7/2011) (jfe)
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Filing 75
ORDER: In the interest of judicial economy and because "justice so requires," Defendant Daniel Morel may amend his Second Amended Answer, Affirmative Defenses and Counterclaims to add the Washington Post as a counterclaim defendant. See e.g., Rachman Bag Co. v. Liberty Mut. Ins. Co., 46 F.3d 230, 234-235 (2d Cir. 1995). Mr. Morel is directed to file and serve the amended pleading by June 13, 2011. (Signed by Judge William H. Pauley, III on 6/7/2011) (jfe)
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Filing 74
ORDER: It is hereby ORDERED that a conference has been scheduled in the above captioned action on WEDNESDAY JUNE 15, 2011 at 11: 00 A.M., at which time you are directed to appear in Courtroom 17D, 500 Pearl Street, New York, New York 10007-1312. (Signed by Magistrate Judge Michael H. Dolinger on 6/7/2011) Copies Mailed By Chambers. (jpo)
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| Filing 73 STIPULATION OF SETTLEMENT AND DISMISSAL WITH PREJUDICE BETWEEN DANIEL MOREL AND TURNER BROADCASTING SYSTEM, INC. MISNAMED IN CAPTION AS TURNER BROADCASTING, INC.: TBS, Inc. shall be dismissed with prejudice in the above action, as set forth in this Stipulation. (Signed by Judge William H. Pauley, III on 6/6/2011) (jpo) |
| Filing 72 NOTICE OF SUBSTITUTION OF COUNSEL: Please take notice that the law firm of Patterson Belknap Webb & Tyler LLP hereby enters its appearance as proposed counsel to Third Party Counterclaim Defendant Turner Broadcasting System, Inc. and the law firm of Venable LLP hereby withdraws its appearance as counsel to TBS, Inc., as set forth in this Notice of Substitution of Counsel. (Signed by Judge William H. Pauley, III on 6/3/2011) (jpo) |
| Filing 71 NOTICE of Substitution of Attorney. Old Attorney: Joshua J. Kaufman, Meaghan H. Kent, New Attorney: Saul B. Shapiro, Address: Patterson Belknap Webb & Tyler LLP, 1133 Avenue of the Americas, New York, New York, USA 10036, 212-336-2163. Document filed by Turner Broadcasting Systems, Inc.. (Kaufman, Joshua) |
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Filing 70
ORDER. All fact discovery shall be completed by July 12, 2011. (Discovery due by 7/12/2011.) (Signed by Judge William H. Pauley, III on 5/20/11) (rjm)
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Filing 69
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge William H. Pauley, III on 5/19/11) (jmi)
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Filing 68
ORDER: Counsel for all parties shall appear for a pre-motion conference on May 13, 2011, at 4:45 p.m. So Ordered (Signed by Judge William H. Pauley, III on 4/14/2011) (js)
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| Filing 67 ANSWER to Counterclaim. Document filed by Getty Images, Inc..(Rosenfeld, James) |
| Filing 66 STIPULATION AND CONSENT TO FILE AMENDED ANSWER TO SECOND AMENDED COUNTERCLAIMS that Getty Images may file an Amended Answer to the Second Amended Counterclaims, a copy of which is attached as Exhibit A. (Signed by Judge William H. Pauley, III on 3/3/11) (cd) |
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Filing 65
STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge William H. Pauley, III on 3/1/11) (cd)
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| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Joshua J Kaufman to E-MAIL Document No. 64 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 64 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - JOINT MOTION for Protective Order. Document filed by Agence France Presse, Getty Images, Inc., Daniel Morel, Turner Broadcasting Systems, Inc. (Kaufman, Joshua) Modified on 3/1/2011 (db). |
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Filing 63
ORDER: Counsel for all parties having appeared for a conference on February 8, 2011, the following is established: (l) The parties shall submit a modified stipulated protective order that contains the following: a. Material marked by the Counterclaim-Defendants as "highly confidential" or "attorney's eyes only" shall be treated as "confidential" by the Counterclaim-Plaintiffs; and b. The Counterclaim-Defendants will only designate materials as "confidential," "highly confidential" or "attorney's eyes only" if it contains proprietary business information. (2) All fact discovery shall be completed by May 31, 2011; (3) The parties shall submit a joint pre-trial order in accord with this Court's Individual Practices by June 30, 2011; and (4) This Court will hold a final pre-trial conference on July 15,2011, at 10:00 a.m. SO ORDERED. (Discovery due by 5/31/2011. Pretrial Order due by 6/30/2011. Final Pretrial Conference set for 7/15/2011 at 10:00 AM before Judge William H. Pauley III) (Signed by Judge William H. Pauley, III on 2/9/2011) (lnl)
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| Filing 62 ANSWER to Complaint. Document filed by Turner Broadcasting Systems, Inc..(Kaufman, Joshua) |
| Filing 61 ANSWER to Counterclaim. Document filed by Agence France Presse.(Kaufman, Joshua) |
| Filing 60 ANSWER to Counterclaim. Document filed by Getty Images, Inc..(Rosenfeld, James) |
| Filing 59 SETTLEMENT AND STIPULATION OF DISMISSAL WITH PREJUDICE BETWEEN DANIEL MOREL AND CBS BROADCASTING INC: 1. Defendant and Counterclaim Plaintiff Daniel Morel pursuant to Rule 41 hereby dismisses his claims against CBS Broadcasting Inc. as set forth in the Second Amended Complaint with prejudice. 2. Each party shall bear its own costs and attorney's fees. (Signed by Judge William H. Pauley, III on 1/25/2011) (lnl) |
| Filing 58 ENDORSED LETTER addressed to Judge William H. Pauley from Joshua J. Kaufman and Meaghan H. Kent dated 1/24/11 re: counsel requests that the telephonic conference be rescheduled. ENDORSEMENT: The conference previously scheduled for Feb. 8, 2011 at 11:30 a.m., will now also address the parties' joint letter. (Signed by Judge William H. Pauley, III on 1/25/11) (djc) |
| Filing 57 NOTICE OF APPEARANCE by Amin S. Kassam on behalf of CBS, Inc (Kassam, Amin) |
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Filing 56
ENDORSED LETTER addressed to Judge William H. Pauley from Counter-Claim Defendants dated 1/14/11 re: If the court wishes, the parties are available for a hearing on the matter, or can address these issues at the parties already scheduled conference on February 8, 2011. ENDORSEMENT: Parties are ordered to appear via teleconference on January 27th, 2011 at 11:30 am. SO ORDERED. (Telephone Conference set for 1/27/2011 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/21/11) (db)
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Filing 55
STIPULATION AND ORDER TO EXTEND TIME TO ANSWER COUNTERCLAIM PLAINTIFF DANIEL MOREL'S AMENDED COMPLAINT, the time for defendants to answer the Amended Complaint is extended to and including 1/27/11. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 1/20/11) (cd)
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Filing 54
SCHEDULING ORDER Conference set for 2/8/2010 at 11:30 AM before Judge William H. Pauley III, to fix a schedule for the completion of this action. (Signed by Judge William H. Pauley, III on 1/10/11) (cd)
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| Filing 53 Letter addressed to Judge William H. Pauley from James Rosenfeld and Joshua Kaufman dated 1/7/10 re: Counsel respectfully asks that the Court clarify it so as to properly attribute the parties' respective arguments. Document filed by Agence France Presse, CBS, Inc, Getty Images, Inc., Turner Broadcasting Systems, Inc.(laq) |
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Filing 52
AMENDED MEMORANDUM & ORDER: Plaintiff Agence France Presse ("AFP") and Third-Party Defendants Getty Images (US), Inc., CBS Broadcasting, Inc., and Turner Broadcasting System, Inc.' s motion to dismiss Morel's counterclaims and third-party claims is granted in part and denied in part. The motion is granted with respect to Morel's vicarious infringement claims against CBS, and his Lanham Act claims against AFP and Getty, and those claims are dismissed. The motion is denied with respect to Morel's claims for direct copyright infringement against AFP and TBS; his claims for contributory infringement against AFP; and his claims for DMCA violations against AFP, Getty, TBS, and CBS. SO ORDERED. (Signed by Judge William H. Pauley, III on 1/14/2011) (lnl)
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Filing 51
STIPULATION AND ORDER TO EXTEND TIME TO ANSWER COUNTERCLAIM PLAINTIFF DANIEL MOREL'S AMENDED COMPLAINT Defendants time to answer the Amended Complaint is extended to and including 1/27/11. Application granted. (Signed by Judge William H. Pauley, III on 1/10/11) (cd)
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Filing 50
SCHEDULING ORDER:Conference set for 2/8/2011 at 11:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 1/10/11) (cd) (cd).
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Filing 49
MEMORANDUM & ORDER: For the foregoing reasons, Plaintiff Agence France Presse ("AFP") and Third-Party Defendants Getty Images (US), Inc., CBS Broadcasting, Inc., and Turner Broadcasting System, Inc.'s motion to dismiss Morel's counterclaims and third-party claims is granted in part and denied in part. The motion is granted with respect to Morel's vicarious infringement claimsagainst CBS and TBS, and his Lanham Act claims against AFP, Getty, CBS, and TBS, and those claims are dismissed. The motion is denied with respect to Morel's claims for copyright infringement and DMCA violations against AFP, Getty, CBS, and TBS, and his claims for contributory infringement and vicarious infringement against AFP and Getty, and those claims may proceed. ORDER granting in part and denying in part 32 Motion to Dismiss. (Signed by Judge William H. Pauley, III on 12/23/10) (db)
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Filing 48
ORDER finding as moot 10 Motion for Extension of Time to Answer. The motion pending at Docket No. 10 is denied as moot. The Clerk of Court is directed to terminate that motion. SO ORDERED (Signed by Judge William H. Pauley, III on 12/2/2010) (jmi)
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Filing 47
ORDER OF CONFIDENTIALITY FOR SETTLEMENT DISCUSSIONS. UPON CONSIDERATION of the Plaintiff and Counterclaim Defendants' request, it is hereby ORDERED that in order to facilitate settlement discussions, any documents that are produced for purposes of mediation and/or settlement discussions and are marked "Confidential" 1. shall be treated as confidential by the parties receiving such documents and information; 2. shall not be disseminated to any third party; 3. shall not be utilized by the receiving party other than in connection with settlement discussions or mediation; 4. shall not be disclosed to the representatives of the Counterclaim Defendants (other than the Counterclaim Defendant from whom the documents were produced), or discussed in their presence, but that these documents may be disclosed to Mr. Morel; 5. shall not be construed as a waiver of work product, attorney client privilege or confidentiality; and 6. that the obligation of confidentiality above shall not apply to any documents or information that was available to the general public or to the receiving party other than through disclosure made in connection with settlement discussions or mediation. 7. This order does not affect any party's obligations to produce documents in discovery. (Signed by Magistrate Judge Michael H. Dolinger on 11/23/10); (djc)
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| Filing 46 SETTLEMENT AND STIPULATION OF DISMISSAL BETWEEN DANIEL MOREL AND ABC, INC.: 1. Plaintiff-Counterclaim Defendant Daniel Morel pursuant to Rule 41 hereby dismisses his claims against ABC, Inc., as set forth in the Second Amended Complaint with prejudice. 2. Each party shall bear hs own costs and attorney's fees. ABC, Inc. terminated. (Signed by Judge William H. Pauley, III on 11/19/10) (db) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Robert Penchina Document 45 Stipulation of Voluntary Dismissal, was referred to Judge William H. Pauley, III for approval. (dt) |
| Filing 45 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITH prejudice against the defendant(s) ABC, Inc. and WITHOUT costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by ABC, Inc..(Penchina, Robert) Modified on 11/19/2010 (dt). |
| Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Telephone Conference held on 11/16/2010. (mbe) |
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Filing 44
ORDER: It is hereby ordered that a telephone conference has been scheduled in the above captioned action for Tuesday, November 16, 2010 at 10:00 am, at which time counsel for defendants Agence France Presse, Getty Images, Inc. CBS, Inc., and Turner Broadcating Systems, Inc. are directed to call chambers at (212)805-0204. Any requests for adjournment of this scheduled conference must be in writing. (Signed by Magistrate Judge Michael H. Dolinger on 11/15/2010) Copies Mailed By Chambers. (jpo)
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| Minute Entry for proceedings held before Magistrate Judge Michael H. Dolinger: Settlement Conference held with the parties on 10/28/2010. (mro) |
| Filing 43 TRANSCRIPT of proceedings held on 9/24/2010 at 10:45 a.m. before Judge William H. Pauley, III. (jn) |
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Filing 42
ORDER: It is hereby ORDERED that the settlement conference previously scheduled in the above-captioned action THURSDAY, OCTOBER 14, 2010 at 11:00 A.M. has been re scheduled for THURSDAY, OCTOBER 28, 2010 at 10:00 A.M., at which time you are directed to appear in Courtroom 18B, 500 Street, New York, New York 10007-1312 before Magistrate Judge Michael H. Dolinger. (Signed by Magistrate Judge Michael H. Dolinger on 10/12/10) Copies Faxed By Chambers. (laq)
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Filing 41
ORDER that a settlement conference has been scheduled in the above captioned action on THURSDAY, OCTOBER 14, 2010 at 11:00 A.M, at which time you are directed to appear in Courtroom 26B, 500 Pearl Street, New York, New York 10007-1312. Please note that this is not Judge Dolinger's usual courtroom. Any requests for adjournment of this scheduled conference must be in writing, with copies to all other parties, and must be preceded by reasonable efforts by the requesting party to obtain the consent of those parties. SO ORDERED. ( Settlement Conference set for 10/14/2010 at 11:00 AM in Courtroom 26B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Michael H. Dolinger.) (Signed by Magistrate Judge Michael H. Dolinger on 10/6/2010) Copies Sent By Chambers. (jmi)
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Filing 40
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Michael H. Dolinger. (Signed by Judge William H. Pauley, III on 10/4/10) (pl)
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| Filing 39 REPLY MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss.. Document filed by ABC, Inc., Agence France Presse, CBS, Inc, Getty Images, Inc., Turner Broadcasting Systems, Inc.. (Attachments: # 1 Exhibit A)(Kaufman, Joshua) |
| Filing 38 DECLARATION of Barbara Hoffman in Opposition re: 32 MOTION to Dismiss.. Document filed by Daniel Morel. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Hoffman, Barbara) |
| Filing 37 MEMORANDUM OF LAW in Opposition re: 32 MOTION to Dismiss.. Document filed by Daniel Morel. (Hoffman, Barbara) |
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Filing 36
ENDORSED LETTER addressed to Judge William H. Pauley III from Barbara Hoffman dated 8/17/2010 re: Request that the Defendant-Counterclaim Plaintiff be allowed additional pages, if necessary, equal to the 32 pages submitted by the five Counterclaim Defendants. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/18/2010) (jmi)
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Filing 35
ENDORSED LETTER addressed to Judge William H. Pauley III from Joshua J. Kaufman dated 7/23/2010 re: The Defendants respectfully request that the Court permit them to file a consolidated memorandum of law that is 32-pages. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge William H. Pauley, III on 8/12/2010) (jmi)
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| Filing 34 STIPULATION FOR VOLUNTARILY DISMISSAL ON TH RULE 41 with prejudice as to Count II Commercial Defamation, of plaintiffs Complaint. Defendant Daniel Morci stipulates to the dismissal. Agence France Presse's Count I and Mr. Morel's Answer unrelated to Count II and Counter Claims are unaffected by this dismissal. (Signed by Judge William H. Pauley, III on 8/6/10) (cd) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Joshua J Kaufman to E-MAIL Document No. 31 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 33 MEMORANDUM OF LAW in Support re: 32 MOTION to Dismiss.. Document filed by Getty Images, Inc., Agence France Presse, ABC, Inc., CBS, Inc, Turner Broadcasting Systems, Inc.. (Attachments: # 1 Affidavit of Joshua Kaufman, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)(Kaufman, Joshua) |
| Filing 32 MOTION to Dismiss. Document filed by Getty Images, Inc., Agence France Presse, ABC, Inc., CBS, Inc, Turner Broadcasting Systems, Inc.. Responses due by 8/24/2010(Kaufman, Joshua) |
| Filing 31 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION to Dismiss Voluntarily Count II under Rule 41. Document filed by Agence France Presse.(Kaufman, Joshua) Modified on 7/23/2010 (db). |
| Filing 30 NOTICE OF APPEARANCE by Alia Lyerly Smith on behalf of ABC, Inc. (Smith, Alia) |
| Filing 29 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Agence France Presse. Document filed by Daniel Morel. (Attachments: # 1 2nd Amended Answer (p. 28-32), # 2 2nd Amended Answer (p.33-39), # 3 2nd Amended Answer (p. 40-53), # 4 2nd Amended Answer (p. 54-62), # 5 2nd Amended Answer (p.63-72), # 6 Exhibit Exhibit A, # 7 Exhibit EXHIBIT B, # 8 Exhibit EXHIBIT C, # 9 Exhibit EXHIBIT D, # 10 Exhibit EXHIBIT E (Part 1 of 3), # 11 Exhibit EXHIBIT E (part 2 of 3), # 12 Exhibit EXHIBIT E (Part 3 of 3), # 13 Exhibit EXHIBIT F, # 14 Exhibit EXHIBIT G, # 15 Exhibit EXHIBIT H, # 16 Exhibit EXHIBIT I, # 17 Exhibit EXHIBIT J, # 18 Exhibit EXHIBIT K (Part 1 of 2), # 19 Exhibit EXHIBIT K (Part 2 of 2), # 20 Exhibit EXHIBIT L(1), # 21 Exhibit EXHIBIT L(2) (Part 1 of 2), # 22 Exhibit EXHIBIT L(2) (Part 2 of 2), # 23 Exhibit EXHIBIT L(3), # 24 Exhibit EXHIBIT M (Part 1 of 3), # 25 Exhibit EXHIBIT M (Part 2 of 3), # 26 Exhibit EXHIBIT M (part 3 of 3), # 27 Exhibit EXHIBIT N, # 28 Exhibit EXHIBIT O, # 29 Exhibit EXHIBIT P)(Hoffman, Barbara) |
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Filing 28
SCHEDULING ORDER: Defendant is granted leave to file and serve a second amended answer and counterclaims by 6/22/10, see document for other deadlines. Motions due by 7/22/2010. Responses due by 8/24/2010 Replies due by 9/8/2010. Oral Argument set for 9/24/2010 at 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/18/10) (cd)
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| Set Deadlines/Hearings:Daniel Morel second amended answer and counterclaims due 6/22/2010. (cd) |
| Filing 27 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying The Walt Disney Company as Corporate Parent. Document filed by ABC, Inc..(Penchina, Robert) |
| Filing 26 NOTICE of Appearance of Nathan Siegel. Document filed by ABC, Inc.. (Penchina, Robert) |
| Filing 25 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - NOTICE OF APPEARANCE by Alia Lyerly Smith on behalf of ABC, Inc. (Smith, Alia) Modified on 7/15/2010 (lb). |
| Filing 24 NOTICE OF APPEARANCE by Robert Penchina on behalf of ABC, Inc. (Penchina, Robert) |
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Filing 23
ORDER GRANTING MOTION FOR PRO HAC VICE ADMISSION OF MEAGHAN KENT: granting 21 Motion for Meaghan Kent to Appear Pro Hac Vice. (Signed by Judge William H. Pauley, III on 6/10/2010) (jfe)
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| CASHIERS OFFICE REMARK on 21 Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 06/03/2010, Receipt Number 905725. (jd) |
| Filing 22 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Agence France Presse, Getty Images, Inc., Daniel Morel, ABC, Inc., CBS, Inc, Turner Broadcasting Systems, Inc..(Kaufman, Joshua) |
| Filing 21 MOTION for Meaghan Kent to Appear Pro Hac Vice. Document filed by Agence France Presse.(mro) |
| Filing 20 ENDORSED LETTER addressed to Judge William H. Pauley III from Joshua Kaufman dated 5/24/10 re: Pursuant to the Court's Individual Practices Rule 3(A), Plaintiff/Counterclaim Defendant Agence Ferance Presse and counterclaim Defendant Turner Broadcasting Inc., hereby requests a Pre-Motion Conference for an anticipated Motion to Dismiss the Defendant's Counterclaims pursuant to Fed.R.Civ.P. Rule 12(b)(6). ENDORSEMENT: Application granted. This Court will hold a conference on June 17, 2010 at 2:00 p.m.. (Signed by Judge William H. Pauley, III on 5/28/10) (djc) |
| Set Deadlines/Hearings: Status Conference set for 6/17/2010 at 02:00 PM before Judge William H. Pauley III. (djc) |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by CBS, Inc.(Rosenfeld, James) |
| Filing 18 NOTICE OF APPEARANCE by James Eric Rosenfeld on behalf of CBS, Inc (Rosenfeld, James) |
| Filing 17 ENDORSED LETTER addressed to Judge William H. Pauley from Joshua Kaufman dated 5/20/2010 re: Counsel requests an adjournment of the initial pretrial conference currently scheduled for 6/25/2010 until 6/17/2010. ENDORSEMENT: Application Granted. This Court will hold a conference on June 17, 2010 at 2:00 p.m. (Initial Conference set for 6/17/2010 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 5/25/2010) (tro) |
| Set/Reset Deadlines: CBS, Inc answer due 6/14/2010. (jmi) |
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Filing 16
ENDORSED LETTER addressed to Judge William H. Pauley III from Naomi B. Waltman dated 5/19/2010 re: CBS, Inc. ("CBS") respectfully requests a three week extension of time, up to and including June 14, 2010, to respond to the Counterclaim in the above-referenced matter, which is currently due on May 24, 2010. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Daniel Morel answer due 6/14/2010. (Signed by Judge William H. Pauley, III on 5/24/2010) (jmi)
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| Filing 15 ENDORSED LETTER addressed to Judge William H. Pauley, III from Barbara Hoffman dated 5/10/2010 re: Counsel respectfully request that the initial pretrial conference be moved to 6/17/210 at a time that is convenient to the Court. ENDORSEMENT: Application granted. This Court will hold a conference on June 25, 2010 at 10:15 a.m. So Ordered. (Signed by Judge William H. Pauley, III on 5/17/2010) (jfe) Modified on 5/27/2010 (jfe). |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Abe Investment Holdings, Inc. as Corporate Parent. Document filed by Getty Images, Inc..(Rosenfeld, James) |
| Filing 13 NOTICE OF APPEARANCE by James Eric Rosenfeld on behalf of Getty Images, Inc. (Rosenfeld, James) |
| Filing 12 SUMMONS RETURNED EXECUTED. Turner Broadcasting Systems, Inc. served on 5/4/2010, answer due 5/25/2010. Service was accepted by Sabrina Ambrose. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 11 SUMMONS RETURNED EXECUTED. ABC, Inc. served on 5/4/2010, answer due 5/25/2010. Service was accepted by David Meyer. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 10 CONSENT MOTION for Extension of Time to File Answer by AFP and Getty. Document filed by Agence France Presse.(Kaufman, Joshua) |
| Filing 9 SUMMONS RETURNED EXECUTED. CBS, Inc served on 5/3/2010, answer due 5/24/2010. Service was accepted by Helen D'Antona. Document filed by Daniel Morel. (Hoffman, Barbara) |
| Filing 8 FILING ERROR - DEFICIENT DOCKET DOCKET ENTRY - SUMMONS RETURNED EXECUTED. ABC, Inc. served on 5/3/2010, answer due 5/24/2010. Service was accepted by Helen D'Antona. Document filed by Daniel Morel. (Hoffman, Barbara) Modified on 5/5/2010 (KA). |
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Filing 7
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/27/2010 at 10:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/27/10) Copies sent by chambers.(cd)
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| Filing 6 AMENDED ANSWER to 4 Answer to Complaint, Counterclaim,,,,,, 1 Complaint with JURY DEMAND., COUNTERCLAIM against Agence France Presse, Getty Images, Inc.. Document filed by Daniel Morel. (Attachments: # 1 Supplement Amended Counterclaim Part B, # 2 Supplement Amended Counterclaim Part 3, # 3 Supplement Amended Counterclaim Part 4, # 4 Supplement Amended Countercliaim Part 5, # 5 Exhibit Exhibit A, # 6 Exhibit EXHIBIT B, # 7 Exhibit EXHIBIT C, # 8 Exhibit EXHIBIT D, # 9 Exhibit EXHIBIT E (Part 1 of 3), # 10 Exhibit EXHIBIT E (Part 2 of 3), # 11 Exhibit EXHIBIT E (Part 3 of 3), # 12 Exhibit EXHIBIT F, # 13 Exhibit EXHIBIT G, # 14 Exhibit EXHIBIT H, # 15 Exhibit EXHIBIT I, # 16 Exhibit EXHIBIT J, # 17 Exhibit EXHIBIT K (Part 1 of 2), # 18 Exhibit EXHIBIT K (Part 2 of 2), # 19 Exhibit EXHIBIT L(1), # 20 Exhibit EXHIBIT L(2) (Part 1 of 2), # 21 Exhibit EXHIBIT L(2) (Part 2 of 2), # 22 Exhibit EXHIBIT L(3), # 23 Exhibit EXHIBIT M (Part 1 of 3), # 24 Exhibit EXHIBIT M (Part 2 of 3), # 25 Exhibit EXHIBIT M (Part 3 of 3), # 26 Exhibit EXHIBIT N, # 27 Exhibit EXHIBIT O, # 28 Certificate of Service)(Hoffman, Barbara) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Answer to Complaint, Counterclaim,,,,,, served. Getty Images, Inc. served on 4/20/2010, answer due 5/11/2010. Service was accepted by Joshua Kaufman. Document filed by Daniel Morel. (Attachments: # 1 Certificate of Service)(Hoffman, Barbara) |
| Filing 4 ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Daniel Morel. Document filed by Daniel Morel. (Attachments: # 1 Supplement Answer/Counterclaim Part 2, # 2 Supplement Answer/Counterclaim Part 3, # 3 Supplement Answer/Counterclaim Part 4, # 4 Supplement Answer/Counterclaim part 5, # 5 Exhibit EXHIBIT A, # 6 Exhibit EXHIBIT B, # 7 Exhibit EXHIBIT C, # 8 Exhibit EXHIBIT D, # 9 Exhibit EXHIBIT E Part 1, # 10 Exhibit EXHIBIT E Part 2, # 11 Exhibit EXHIBIT E Part 3, # 12 Exhibit EXHIBIT F, # 13 Exhibit EXHIBIT G, # 14 Exhibit EXHIBIT H, # 15 Exhibit EXHIBIT I, # 16 Exhibit EXHIBIT J, # 17 Exhibit EXHIBIT K Part 1, # 18 Exhibit EXHIBIT K Part 2, # 19 Exhibit EXHIBIT L, # 20 Exhibit EXHIBIT L(2) Part a, # 21 Exhibit EXHIBIT L(2) Part b, # 22 Exhibit EXHIBIT L(3), # 23 Exhibit EXHIBIT M Part 1, # 24 Exhibit EXHIBIT M Part 2, # 25 Exhibit EXHIBIT M Part 3, # 26 Exhibit EXHIBIT N, # 27 Exhibit EXHIBIT O)(Hoffman, Barbara) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No. Corporate Parent. Document filed by Daniel Morel.(Hoffman, Barbara) |
| Mailed notice to Register of Copyrights to report the filing of this action. (mro) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Agence France Presse.(mro) |
| Filing 1 COMPLAINT against Daniel Morel. (Filing Fee $ 350.00, Receipt Number 898679)Document filed by Agence France Presse.(mro) |
| SUMMONS ISSUED as to Daniel Morel. (mro) |
| Case Designated ECF. (mro) |
| Magistrate Judge Michael H. Dolinger is so designated. (mro) |
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