Bray v. Purple Eagle Entertainment, Inc. et al
| David Bray |
| Purple Eagle Entertainment, Inc. and Richard Mgrdechian |
| 1:2018cv05205 |
| June 10, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| George B. Daniels |
| Copyrights |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
171
ORDER. The Court notes that, despite two sua sponte extensions of time and thrice being ordered to serve the Court's Report and Recommendation (ECF No. 167) on Defendant Richard Mgrdechian and/or his estate (ECF Nos. 167 at 25; 168; 170), Plaintiff has not done so, requested an extension of time to do so, or otherwise explained his failure to comply with the Court's Orders. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 1/17/24) (yv)
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Filing
170
ORDER. On January 3, 2024, the Court issued a Report and Recommendation concerning Plaintiff's damages. (ECF No. 167 (the R&R)). By January 8, 2024, Plaintiff was required to serve the R&R on Defendants and file proof of service. (Id. at 25) . On January 9, 2024, Plaintiff having failed to do so, the Court sua sponte extended his deadline to do so to January 11, 2024. (ECF No. 168). On January 10, 2024, Plaintiff filed an Affidavit of Service indicating that the R&R was served on Defe ndant Purple Eagle Entertainment, Inc. via the Secretary of State on January 9, 2024. (ECF No. 169). The docket does not reflect that Plaintiff has served the R&R on Defendant Richard Mgrdechian, now deceased (see ECF No. 136), or on his estate. The Court sua sponte extends to January 16, 2024 Plaintiff's deadline to do so and file proof of service. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 1/12/24) (yv)
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Filing
168
ORDER. On January 3, 2024, the Court issued a Report and Recommendation concerning Plaintiff's damages. (ECF No. 167 (the "R&R")). By January 8, 2024, Plaintiff was required to serve the R&R on Defendants and file proof of service. (Id. at 25). Plaintiff has not done so. As a one-time courtesy, the Court sua sponte extends to January 11, 2024 Plaintiff's deadline to do so. SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 1/9/24) (yv)
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Filing
163
ORDER granting 159 Motion for Default Judgment. This Court's Order of Reference to a Magistrate Judge for general pretrial supervision, (ECF No. 16), is therefore hereby withdrawn, and it is hereby: ORDERED, ADJUDGED, AND DECREED that Plai ntiff David Bray have judgment against the aforementioned Defendants. This matter is referred to Magistrate Judge Sarah L. Cave for inquest on damages, prejudgment interest, costs, and attorneys' fees. The Clerk of Court is directed to close the open motion at ECF No. 159. (Signed by Judge George B. Daniels on 3/21/2023) (tro)
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Filing
161
ORDER. By no later than Tuesday, November 22, 2022, Plaintiff shall file proof of service of the Notice of Motion for Judgment by Default (ECF No. 159), the Declaration in Support of Judgment by Default (ECF No. 160), their corresponding exhibits (ECF Nos. 159-1; 160-1), and this Order on the Defendants. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/15/22) (yv)
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Filing
157
ORDER: Accordingly, Plaintiff shall file the Motion by Monday, November 14, 2022. Plaintiff is warned that failure to submit the Motion constitutes noncompliance with a Court Order, and may result in the dismissal of this matter for failure to prosecute. See Fed. R. Civ. P. 37, 41. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/4/2022) ( Motions due by 11/14/2022.) (ks)
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Filing
152
ORDER re: 143 Order. Accordingly, if Plaintiff seeks to pursue default remedies in this case, by Thursday, October 13, 2022, Plaintiff shall (i) request Certificates of Default from the Clerk of Court, and (ii) file a Motion for Default Judgm ent in accordance with the Individual Practices of the Honorable George B. Daniels, Federal Rule of Civil Procedure 55, and S.D.N.Y. Local Rule 55 by no later than Thursday, November 3, 2022. SO ORDERED. ( Motions due by 11/3/2022.) (Signed by Magistrate Judge Sarah L Cave on 10/4/2022) (kv)
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Filing
150
ORDER granting 148 Letter Motion for Extension of Time to File ; granting 149 Letter Motion for Extension of Time to File. Plaintiff's letter-motion requesting an extension of the deadline to file its default judgment motion (ECF No. 149) is GRANTED, and the deadline is EXTENDED to March 2, 2022. The Clerk of Court is respectfully directed to close ECF Nos. 148 and 149. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/15/22) (yv)
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Filing
147
ORDER granting 146 Letter Motion for Extension of Time to File. Plaintiff's letter-motion for an extension of the deadline to file its motion for default judgment (ECF No. 146) is GRANTED, and the deadline is EXTENDED to Monday, February 14, 2022. The Clerk of Court is respectfully directed to close ECF No. 146. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/1/2022) (vfr)
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Filing
145
ORDER granting 144 Letter Motion for Discovery. The Court has endorsed the subpoenas attached to Plaintiff's letter filed at ECF No. 144, and has directed the production of any responsive documents by Thursday, October 28, 2021. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/29/21) (yv)
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Filing
143
ORDER. Plaintiff's application for a default judgment is DENIED WITHOUT PREJUDICE. Plaintiff's barebones submission which is entirely lacking evidentiary support or a memorandum of law does not include sufficient evidence for the Court&# 039;s review, see Transatlantic Marine, 109 F.3d at 111, and the Court declines Plaintiff's invitation to effectively bifurcate the default judgment procedure and initiate discovery after the Clerk's entry of default.Instead, to the extent Plaintiff seeks the Court's assistance with sending subpoenas to third parties to ascertain its damages (the "Subpoenas"), Plaintiff may submit the Subpoenas for the Court's review and endorsement by Monday, September 27, 2021. Af ter Plaintiff receives the responsive documents, it may renew its application for a default judgment (the "Renewed Application"). By Monday, January 31, 2022, Plaintiff shall file a status report advising the Court of the progress in collecting evidentiary support and projected date for filing a renewed motion for default judgment. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/13/21) (yv)
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Filing
133
ORDER, The Court orders as follows: By Wednesday, May 12, 2021, Defendants shall file a Notice of Suggestion of Death pertaining to Defendant-Counterclaimant Richard Mgrdechian. Although Plaintiff apprised the Court on November 5, 2020 that " Defendant Richard Mgrdechian died on or about August 7th, 2020, in New York," (ECF No. 117), a Notice of Suggestion of Death has not been filed in this action. By Wednesday, May 12, 2021, Defendants' attorney Elio Forcina shall file a M otion to Withdraw in accordance with Local Rule 1.4 of the Southern and Eastern Districts of New York. Local Rule 1.4 provides as further set forth in this Order. The Stay of this action, which the Court entered to enable Mr. Forcina to determine the status of Mr. Mgrdechian's estate, if any (see ECF Nos. 12627), is TERMINATED. The Clerk of Court is respectfully directed to remove this matter's stay designation. SO ORDERED. ( Motions due by 5/12/2021.) (Signed by Magistrate Judge Sarah L Cave on 4/28/21) (yv)
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Filing
129
ORDER, The parties shall file a joint status report by no later than Thursday, April 22, 2021. A Telephone Status Conference is scheduled for Wednesday, April 28, 2021 at 10:00 am on the Court's conference line. The parties are directed to call (866) 390-1828; access code 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 4/28/2021 at 10:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 4/15/21) (yv)
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Filing
128
ORDER: On January 7, 2021, the Court granted Defendants' letter requesting a sixty-day stay of this action and ordered the parties to submit a joint status report by March 8, 2021, (ECF No. 127) in advance of the conference scheduled for Wednesday, March 10, 2021 at 2:00 pm. The parties have not done so. Accordingly, the parties shall file their status report no later than 5:00 pm tomorrow, March 10, 2021, and the March 10, 2021 status conference is ADJOURNED until Thursday, Mar ch 11, 2021 at 2:00 pm on the Court's conference line. The parties are directed to call (866) 390-1828; access code 380-9799, at the scheduled time. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/9/2021) ( Telephone Conference set for 3/11/2021 at 02:00 PM before Magistrate Judge Sarah L Cave.) (ks)
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Filing
127
MEMO ENDORSEMENT on re: 126 Letter requesting a 60-day stay of this action filed by Richard Mgrdechian, Purple Eagle Entertainment, Inc. ENDORSEMENT: Defendants' letter requesting a 60-day stay of this action (ECF No. 126) is GRANTED, and this action is STAYED until Friday, March 5, 2021. The parties are ORDERED to submit a joint Status Report on Monday, March 8, 2021, and a Telephone Status Conference is scheduled for Wednesday, March 10, 2021 at 2:00 pm on the Court's con ference line. The parties are directed to call (866) 390-1828; access code: 380-9799, at the scheduled time. SO-ORDERED., ( Telephone Conference set for 3/10/2021 at 02:00 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/7/21) (yv)
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Filing
123
ORDER: Following the December 15, 2020 Telephone Conference, Defendants were ordered to submit a Status Report by December 23, 2020 further responding to Plaintiff's Letter at ECF No. 119 and concerning the status of the estate. Defendants h ave not complied, nor have Defendants applied for an extension of time to comply. By Friday, January 8, 2021, Defendants shall file the Status Report. The Court requests that Plaintiff promptly contact Defendants' counsel to ensure receipt of this order. (Signed by Magistrate Judge Sarah L Cave on 12/28/2020) (nb)
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Filing
122
ORDER. The Court held a Telephone Conference today, December 15, 2020. Defendants shall submit a Status Report by Wednesday, December 23, 2020 further responding to Plaintiffs Letter at ECF No. 119 and concerning the status of the estate. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/15/20) (yv)
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Filing
118
MEMO ENDORSED ORDER denying without prejudice 117 Motion to Substitute Party. ENDORSEMENT: Plaintiff's Motion to Substitute (ECF No. 117) is DENIED WITHOUT PREJUDICE. Plaintiff shall resubmit the Motion to Substitute in accordance with Fed. R. Civ. P. 25(a) by Friday, November 20, 2020. See Crichlow v. Fischer, No. 12 Civ. 7774 (NSR), 2015 WL 678725, at *5 (S.D.N.Y. Feb. 17, 2015) (denying motion to substitute "without prejudice to refiling at a later date, for failure to follow the procedure set forth in Rule 25 and Rule 4," and collecting cases). The Clerk of Court is respectfully directed to close ECF No. 117. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/13/20) (yv)
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Filing
107
ORDER. The parties are directed to either: 1. file a joint letter on the docket stating that they have finalized their agreement and do not need a conference, or that they request more time to continue their drafting negotiations; or 2. if there a re provisions of the settlement agreement that remain in dispute, each side must submit separate letters to Chambers at cave_nysdchambers@nysd.uscourts.gov, with their respective positions on the disputed provision(s). SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 5/14/20) (yv)
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Filing
100
ORDER: The parties were ordered to finalize their settlement and file a stipulation of dismissal addressed to the Honorable George B. Daniels by March 16, 2020. They failed to file the stipulation. The parties are ORDERED to file a joint letter explaining their continued failure to comply with the Courts orders by Tuesday, April 7, 2020. (Signed by Magistrate Judge Sarah L Cave on 3/17/2020) (ne)
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Filing
97
ORDER. The parties were ordered to finalize their settlement and file a stipulation of dismissal addressed to the Honorable George B. Daniels by February 28, 2020. They failed to file the stipulation. The parties were then ordered to file a joint letter by March 6, 2020 explaining their failure to comply with the Court's Order but have failed to file a letter. The parties are ORDERED to file a joint letter explaining their continued failure to comply with the Court's orders by Tuesday, March 10, 2020. A third failure will result in an in-person conference. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/9/20) (yv)
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Filing
90
SCHEDULING ORDER denying without prejudice 56 Motion for Conference; denying as moot 62 Motion to Stay. The parties confirmed that during the settlement conference of September 10, 2019, with the Honorable Henry B. Pitman, the parties settl ed, agreeing to all but one term. The parties are directed to review the transcript of the memorialization of the terms of their settlement and redraft the agreement. A follow-up Telephone Conference is scheduled for Friday, January 31, 2020 at 2:3 0pm. During the telephone conference, the parties must be prepared to confirm the finality of their settlement, update the Court on the status of their settlement negotiations, or, if a settlement is not imminent, set a discovery schedule. At the a bove date and time, Plaintiff's counsel is directed to call Chambers at (212) 805-0214 with all parties on the line. With Defendants' consent, Defendants' motion for fees (ECF No. 56) is DENIED without prejudice, and motion to stay the proceedings (ECF No. 62) is DENIED as moot. The Clerk of Court is respectfully directed to close ECF Nos. 56 and 62. (Signed by Magistrate Judge Sarah L Cave on 1/22/2020) (ne)
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Filing
86
ORDER: The parties have again failed to comply with the Court's order and are ORDERED to file a letter by close of business on Wednesday, January 8, 2020 explaining their continued disregard for the Court's orders. If the parties against fa il to comply, the Court will issue an order directing the parties to appear at an in-person conference and show cause why the parties should not be held in contempt for their failure to comply with the Court's orders. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/07/2020) (ama)
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Filing
85
ORDER. The parties were ordered to file a joint status report by Tuesday, December 31, 2019, regarding their settlement. (ECF No. 84). The parties are ORDERED to file a joint status report by Monday, January 6, 2020, explaining the status of settlement discussions and the reasons for their failure to comply with the Court's order. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 1/2/20) (yv)
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Filing
82
ORDER: The parties were ordered to file a joint status report by Wednesday, November 27, 2019, regarding their settlement. (ECF No. 81). The parties are ORDERED to file a joint status report by Friday, December 6, 2019, explaining their failure to comply with the Court's order. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/2/2019) (jca)
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Filing
81
ORDER. The parties are ORDERED to file a joint status report by Wednesday, November 27, 2019, regarding their settlement negotiations. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/20/19) (yv)
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Filing
79
ORDER. The parties are ORDERED to file a joint status report by Tuesday, November 19, 2019, regarding their settlement negotiations. SO ORDERED. (Signed by US Magistrate Judge Sarah L Cave on 11/13/19) (yv)
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Filing
47
MEMORANDUM DECISION AND ORDER adopting 44 Report and Recommendations re: 21 Motion to Dismiss; 23 Motion to Strike: Plaintiff's objections are overruled, and the Report is ADOPTED in full. Defendants' motion to dismiss for failure to state a claim, (ECF No. 21), is GRANTED. Defendants' motion to strike, (ECF No. 23), is GRANTED in part and DENIED in part. (Signed by Judge George B. Daniels on 2/11/2019) (jwh)
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Filing
41
MEMORANDUM DECISION AND ORDER adopting 38 Report and Recommendations re: 12 Motion to Strike filed by Richard Mgrdechian, Purple Eagle Entertainment, Inc., 10 Motion to Dismiss filed by Richard Mgrdechian, Purple Eagle Entertainment, Inc: The Report is ADOPTED. Defendants' motion to dismiss, (ECF No. 10), and Defendants' motion to strike certain allegations from, the original complaint, (ECF No. 12), are DENIED as moot, without prejudice to the motions directed to the amended complaint. (Signed by Judge George B. Daniels on 10/16/2018) (jwh)
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