Sinclair v. Ziff Davis, LLC
Plaintiff: Stephanie Sinclair
Defendant: Ziff Davis, LLC
Case Number: 1:2018cv00790
Filed: January 29, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Deborah A. Batts
Nature of Suit: Copyrights
Cause of Action: 17 U.S.C. ยง 501
Jury Demanded By: Plaintiff
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Date Filed Document Text
February 9, 2021 Opinion or Order Filing 90 ORDER OF DISMISSAL: The Court has been advised that the parties have reached a settlement in principle. The above-captioned action is hereby dismissed and discontinued without costs. The dismissal is without prejudice to the right to reopen the action within thirty (30) days if the settlement is not consummated. Any pending motions are moot. SO ORDERED. (Signed by Judge Kimba M. Wood on 2/9/2021) (va)
December 18, 2020 Opinion or Order Filing 79 ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Barbara Moses on February 8, 2021, at 2:15 p.m. For the duration of the COVID-19 public health emergency, and unless otherwise ordered by the Cour t, all attendees must participate in the settlement conference telephonically, using the Court's teleconferencing facilities. The parties are directed to call (888) 557-8511 on their scheduled date, a few minutes before their scheduled time, and enter (a) the access code 7746387 and (b) the security code that the Court will provide to you, by email, on receipt of all parties' confidential settlement letters. ( Telephone Conference set for 2/8/2021 at 02:15 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/18/2020) (cf)
November 18, 2020 Opinion or Order Filing 70 ORDER: terminating 59 Letter Motion for Local Rule 37.2 Conference. For the reasons stated on the record during the conference, it is hereby ORDERED that: Plaintiff's October 27 letter-motion is resolved as follows: Issue 1: Photo Licensing/E mbedding Policies (RFP Nos. 22, 23, and 24). No later than December 1, 2020, the parties shall meet and confer with respect to items 14and 15 on defendant's privilege log (Dkt. No. 64-3), concerning, inter alia, whether those documents were crea ted or received by Mashable before the photograph at issue was taken down, and, if so, whether they are protected from discovery by the attorney-client privilege. If the parties cannot agree as to one or both of these issues, they shall file a joint letter, no later than December 4, 2020, setting forth their respective positions. If the disagreement concerns the attorney-client privilege, defendant shall attach "admissible evidence supporting the factual assertions that underlie its legal a rguments." Royal Park Investments SA/NV v. Deutsche Bank Nat'l Tr. Co., 2016 WL 2977175, at *5 (S.D.N.Y. May 20, 2016). Plaintiff has withdrawn her application with respect to Issue 2. Plaintiff has withdrawn her request for Mashable's Getty license. No later than November 25, 2020, defendant shall amend its written discovery responses to confirm that, after a reasonably diligent investigation, it could not locate any other documents responsive to these requests beyond those alrea dy produced. No later than November 25, 2020, defendant shall produce a list of cases that resulted in a copyright infringement verdict and/or judgment against Mashable, Inc. between 2013 and 2018. A Rule 68 offer and acceptance constitutes a judgmen t. The Court will conduct a continued discovery conference as to Facebook's October 30 letter-motion on December 1, 2020, at 11:00 a.m. At that time, the parties and non-party Facebook shall dial (888) 557-8511 and enter the access code 7746387. And as set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 11/18/2020) (ama)
November 2, 2020 Opinion or Order Filing 63 ORDER: The Court has received and reviewed the letter-motion filed by non-party Facebook, Inc. (Facebook) dated October 30, 2020 (Dkt. No. 62), seeking a discovery conference regarding plaintiff's subpoena served on Facebook for deposition t estimony and documents. Plaintiff shall file her response no later than November 5, 2020, pursuant to Moses Ind. Prac. § 2(e). Facebook may file a reply no later than November 9, 2020. It is hereby ORDERED that the telephonic discovery confere nce currently scheduled for November 12, 2020, at 11:00 a.m. is hereby ADJOURNED to November 18, 2020, at 11:00 a.m. The Court intends to address both plaintiff's October 27, 2020 letter-motion (Dkt. No. 59)and Facebook's October 30, 202 0 letter-motion during the November 18 conference. At that time, the parties shall call (888) 557-8511 and enter the access code 7746387. (Responses due by 11/5/2020, Replies due by 11/9/2020., Telephone Conference set for 11/18/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/2/2020) (rro)
October 29, 2020 Opinion or Order Filing 60 ORDER: The Court has received and reviewed plaintiff's letter-motion dated October 27, 2020 (Dkt. No. 59), seeking a discovery conference regarding certain asserted deficiencies in defendant Mashable Inc.'s discovery responses and objec tions. Defendant Mashable Inc. may respond no later than October 30, 2020. If defendant responds, plaintiff may file a reply no later than November 4, 2020. It is hereby ORDERED that the Court will conduct a telephonic discovery conference as to the issues described in plaintiff's October 27 letter-motion on November 12, 2020, at 11:00 a.m. At that time, the parties shall call (888) 557-8511 and enter the access code 7746387. ( Responses due by 10/30/2020, Replies due by 11/4/2020., Telephone Conference set for 11/12/2020 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 10/29/2020) (cf)
October 5, 2020 Opinion or Order Filing 57 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/5/2020) (cf)
September 16, 2020 Opinion or Order Filing 55 ORDER REGARDING GENERAL PRETRIAL MANAGEMENT: The above-referenced action has been referred to Magistrate Judge Barbara Moses for general pretrial management, including scheduling, discovery, non-dispositive pretrial motions, and settlement, pursua nt to 28 U.S.C. § 636(b)(1)(A). Judge Moses will conduct a telephonic status conference on December 17, 2020,at 10:00 a.m. At that time, the parties shall dial (888) 557-8511 and enter the access code 7746387. (As further set forth in this Order.) ( Telephone Conference set for 12/17/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 9/16/2020) (cf)
June 25, 2020 Opinion or Order Filing 42 ORDER: By July 27, 2020, the parties shall submit a proposed Scheduling Order and Discovery Plan using the templates found on the Court's website and in conformity with the Court's Individual Rule and Practices and all applicable Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/25/2020) (va)
June 24, 2020 Opinion or Order Filing 41 OPINION & ORDER re: 32 MOTION for Reconsideration re; 31 Memorandum & Opinion, filed by Stephanie Sinclair. For the foregoing reasons, Plaintiff's motion for reconsideration is GRANTED. (ECF No. 32.) Defendants' motion to dismiss Plaintiff's Second Amended Complaint is DENIED as to Mashable, but GRANTED as to Ziff Davis. (ECF No. 18.) The Clerk of Court is respectfully directed to reopen this case. SO ORDERED. (Signed by Judge Kimba M. Wood on 6/24/2020) (va)
April 13, 2020 Opinion or Order Filing 31 OPINION & ORDER re: 18 MOTION to Dismiss the Second Amended Complaint, filed by Mashable, Inc., Ziff Davis, LLC. For the foregoing reasons, the Second Amended Complaint is DISMISSED with prejudice. The Clerk of Court is directed to close this case. All pending motions are moot. SO ORDERED. (Signed by Judge Kimba M. Wood on 4/13/2020) (va)
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Plaintiff: Stephanie Sinclair
Represented By: James Henry Bartolomei
Represented By: Bryan Daniel Hoben
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Defendant: Ziff Davis, LLC
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