Juracek v. Capcom Co., Ltd. et al
| Judy A Juracek |
| Capcom U.S.A., Inc., CAPCOM CO., LTD. and Capcom USA, Inc. |
| 3:2021cv00775 |
| June 4, 2021 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Michael P Shea |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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| Filing 45 AO 121 Report on the Determination of an Action re: Copyright Form Completed (Caffrey, A.) |
Filing 44
ORDER OF DISMISSAL WITH PREJUDICE. In light of the Stipulated Dismissal with Prejudice filed by the parties (Doc. #43 ), the Clerk is directed to administratively close the file. It is so ordered. Signed by Judge Sarah A. L. Merriam on 2/8/2022. (Katz, S.)
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| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Caffrey, A.) |
| Filing 43 STIPULATION of Dismissal with Prejudice by Judy A Juracek. (Winter, Jonathan) |
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Filing 42
ORDER. On December 17, 2021, the parties filed a Joint Status Report. (Doc. #41 ). The Joint Status report seeks "relief from the obligation to file a motion to compel within 60 days of service of the request as referenced on Page 3 of the [Scheduling] Order (Dkt. 39)." Id. at 2. The parties instead propose that any such motions be filed "within 30 days after the response was due under the Rules of Civil Procedure, subject to any extensions agreed by the parties[.]" Id. The parties' request is DENIED, for two reasons. First, as a practical matter, this approach would give the parties complete discretion over the timing of discovery motions practice, without oversight by the Court. Second, any request for relief must be made by a motion filed on the docket in compliance with the Federal and Local Rules. The parties may file a motion on the docket requesting specific extensions of the deadlines for filing motions to compel if such extensions are sought now, or as may become necessary in the future. The Court is open to extending such deadlines to permit settlement discussions, especially given that at this time, any such extensions are unlikely to affect the ultimate discovery deadline.The parties are reminded that any motion for an extension of time must comply with Local Rule 7(b). It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/17/2021. (Katz, S.)
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| Filing 41 Joint STATUS REPORT by Judy A Juracek. (Winter, Gene) |
| Set Deadlines: Joint Status Report due by 3/17/2022. (Katz, S.) |
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Filing 40
ORDER. The Rule 26(f) Report of the Parties' Planning Meeting states, in pertinent part, that "the parties are amenable and may seek an early settlement conference with a magistrate judge in early 2022, if a procedure can be agreed upon that permits the parties and their representatives to participate remotely at their option[.]" Doc. #35 at 4.Given the current schedules of the United States Magistrate Judges in this District, settlement conferences are generally being scheduled for March 2022 and after. Accordingly, if the parties would like to participate in a settlement conference in "early 2022" a motion seeking referral for a settlement conference must be filed forthwith. The Court further notes that the Magistrate Judges are conducting most settlement conferences by remote means.It is so ordered. Signed by Judge Sarah A. L. Merriam on 12/10/2021. (Katz, S.)
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Filing 39
REVISED SCHEDULING ORDER: Joint Status Report due by 12/17/2021; Discovery due by 9/30/2022; Dispositive Motions due by 11/15/2022; Trial Brief due by 12/15/2022. Counsel shall review the attached Order carefully, noting all interim deadlines, discovery procedures, and other matters. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/4/2021. (Katz, S.)
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Filing 38
ORDER. In light of the transfer of this case to Judge Sarah A. L. Merriam (Doc. #36), the telephonic status conference scheduled with Judge Michael P. Shea for March 14, 2022, at 4:00PM (Doc. #35 at 2), is hereby CANCELED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 11/4/2021. (Katz, S.)
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| Filing 37 ANSWER to #33 Amended Complaint with Affirmative Defenses. by Capcom Co., Ltd., Capcom USA, Inc..(Tyz, Ryan) |
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Filing 36
ORDER OF TRANSFER. Case reassigned to Judge Sarah A. L. Merriam for all further proceedings. Signed by Clerk on 10/15/2021.(Hushin, Z.)
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| Set Deadlines/Hearings: Amended Pleadings due by 10/11/2021; Discovery due by 9/30/2022; Dispositive Motions due by 11/15/2022; Joint Status Report due by 3/7/2022; Joint Trial Brief due by 12/15/2022; Trial Ready Date 1/5/2023; Telephonic Status Conference set for 3/14/2022 04:00 PM Hartford, CT before Judge Michael P. Shea (Johnson, D.) |
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Filing 35
SCHEDULING ORDER. Please pay close attention to the deadlines in the attached scheduling order. Signed by Judge Michael P. Shea on 10/14/2021. (Silva, Madeline)
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Filing 34
ORDER. The #30 Motion to Dismiss is denied as moot because it does not address the operative complaint. Signed by Judge Michael P. Shea on 10/14/2021. (Silva, Madeline)
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| Filing 33 AMENDED COMPLAINT against Capcom Co., Ltd., Capcom USA, Inc., filed by Judy A Juracek. (Attachments: #1 Exhibit A)(Winter, Jonathan) |
| Filing 32 REPORT of Rule 26(f) Planning Meeting. (Winter, Jonathan) |
| Set Deadlines as to #30 MOTION to Dismiss .(Responses due by 10/11/2021, ), or ( Amended Complaint due by 10/11/2021) (Johnson, D.) |
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Filing 31
ORDER. Defendants have filed a #30 Motion to Dismiss. On or before October 11, 2021, Plaintiff shall either file a response to the motion or file an amended complaint in which she pleads as many facts as possible, consistent with Rule 11, to address the alleged defects discussed in Defendants' memorandum of law. The Court will not allow further amendments after October 11, 2021. If Plaintiff chooses to amend and if Defendants renew their motion to dismiss, Defendants may incorporate by reference any prior briefing.Signed by Judge Michael P. Shea on 9/23/2021. (Silva, Madeline)
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| Filing 30 MOTION to Dismiss by Capcom Co., Ltd., Capcom USA, Inc..Responses due by 10/11/2021 (Attachments: #1 Memorandum in Support, #2 Affidavit of Sean Apple, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6, #9 Exhibit 7, #10 Exhibit 8, #11 Exhibit 9)(Apple, Sean) |
| Filing 29 NOTICE of Appearance by Erin Jones on behalf of Capcom Co., Ltd., Capcom USA, Inc. (Jones, Erin) |
| Filing 28 NOTICE of Appearance by Ryan Tyz on behalf of Capcom Co., Ltd., Capcom USA, Inc. (Tyz, Ryan) |
| Filing 27 NOTICE of Appearance by Jennifer L. Kelly on behalf of Capcom Co., Ltd., Capcom USA, Inc. (Kelly, Jennifer) |
| Filing 26 NOTICE of Appearance by Gene S. Winter on behalf of Judy A Juracek (Winter, Gene) |
| Filing 25 Corporate Disclosure Statement by Capcom Co., Ltd.. (Apple, Sean) |
| Filing 24 NOTICE of Appearance by Sean Apple on behalf of Capcom Co., Ltd., Capcom USA, Inc. (Apple, Sean) |
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Filing 23
ORDER granting #19 MOTION for Attorney Jennifer Kelly to be Admitted Pro Hac Vice. Signed by Clerk on 08/30/2021. (Peterson, M)
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Filing 22
ORDER granting #18 MOTION for Attorney Ryan Tyz to be Admitted Pro Hac Vice. Signed by Clerk on 08/30/2021. (Peterson, M)
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Filing 21
ORDER granting #17 MOTION for Attorney Erin Jones to be Admitted Pro Hac Vice. Signed by Clerk on 08/30/2021. (Peterson, M)
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Filing 20
ORDER granting #16 MOTION for Attorney Sean Apple to be Admitted Pro Hac Vice. Signed by Clerk on 08/30/2021. (Peterson, M)
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| Filing 19 MOTION for Attorney(s) Jennifer Kelly to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6624914) by Capcom Co., Ltd., Capcom USA, Inc.. (Attachments: #1 Exhibit Good Standing Certificate for Jennifer Kelly)(Diemand, Timothy) |
| Filing 18 MOTION for Attorney(s) Ryan Tyz to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6624860) by Capcom Co., Ltd., Capcom USA, Inc.. (Attachments: #1 Exhibit Good Standing Certificate for Ryan Tyz)(Diemand, Timothy) |
| Filing 17 MOTION for Attorney(s) Erin Jones to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6624851) by Capcom Co., Ltd., Capcom USA, Inc.. (Attachments: #1 Exhibit Good Standing Certificate Erin Jones)(Diemand, Timothy) |
| Filing 16 MOTION for Attorney(s) Sean Apple to be Admitted Pro Hac Vice (paid $200 PHV fee; receipt number ACTDC-6624802) by Capcom Co., Ltd., Capcom USA, Inc.. (Attachments: #1 Exhibit Good Standing Certificate for Sean Apple)(Diemand, Timothy) |
| Filing 15 NOTICE of Appearance by Timothy Diemand on behalf of Capcom Co., Ltd. (Diemand, Timothy) |
| Filing 14 Corporate Disclosure Statement by Capcom USA, Inc. identifying Corporate Parent Capcom Co., Ltd. for Capcom USA, Inc.. (Diemand, Timothy) |
| Answer deadline updated for Capcom USA, Inc. to 9/20/2021. (Johnson, D.) |
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Filing 13
ORDER. The #12 motion for extension is hereby granted. Defendant Capcom USA, Inc.'s deadline to respond to the complaint is now September 20, 2021. The Court is unlikely to extend this deadline further.Signed by Judge Michael P. Shea on 8/13/2021. (Silva, Madeline)
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| Filing 12 Consent MOTION for Extension of Time until September 20, 2021 to Respond to Complaint #1 Complaint by Capcom USA, Inc.. (Diemand, Timothy) |
| Filing 11 NOTICE of Appearance by Timothy Diemand on behalf of Capcom USA, Inc. (Diemand, Timothy) |
| Filing 10 WAIVER OF SERVICE Returned Executed as to Capcom Co., Ltd. waiver sent on 6/21/2021, answer due 9/19/2021 filed by Judy A Juracek. (Winter, Jonathan) Modified on 7/1/2021 to correct answer due date (Bozek, M.). |
| Filing 9 WAIVER OF SERVICE Returned Executed as to Capcom USA, Inc. waiver sent on 6/21/2021, answer due 8/20/2021 filed by Judy A Juracek. (Winter, Jonathan) |
| Docket Entry Correction re #10 Waiver of Service Executed. Answer due date corrected to 9/19/2021. (Bozek, M.) |
| Filing 8 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Capcom Co., Ltd., Capcom USA, Inc.* with answer to complaint due within *21* days. Attorney *Jonathan Adam Winter* *St. Onge Steward Johnston & Reens LLC* *986 Bedford Street* *Stamford, CT 06905*. (Peterson, M) |
| Filing 7 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #6 Protective Order, #1 Complaint filed by Judy A Juracek, #5 Electronic Filing Order, #3 Report on Copyright Form, #4 Order on Pretrial Deadlines, #2 Notice of Appearance filed by Judy A Juracek Signed by Clerk on 06/08/2021. (Peterson, M) |
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Filing 6
STANDING PROTECTIVE ORDER Signed by Judge Michael P. Shea on 06/04/2021. (Peterson, M)
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| Filing 5 ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Clerk on 06/04/2021. (Peterson, M) |
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Filing 4
Order on Pretrial Deadlines: Amended Pleadings due by 8/3/2021. Discovery due by 12/4/2021. Dispositive Motions due by 1/8/2022. Signed by Clerk on 06/04/2021. (Peterson, M)
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| Judge Michael P. Shea added. (Nuzzi, Tiffany) |
| Filing 3 AO 121 Report on the re: Copyright Form Completed. (Winter, Jonathan) |
| Filing 2 NOTICE of Appearance by Jonathan Adam Winter on behalf of Judy A Juracek (Winter, Jonathan) |
| Filing 1 COMPLAINT against CAPCOM CO., LTD., Capcom U.S.A., Inc. ( Filing fee $402 receipt number ACTDC-6534238.), filed by Judy A Juracek. (Attachments: #1 Exhibit A)(Winter, Jonathan) |
| Request for Clerk to issue summons as to CAPCOM CO., LTD.. (Winter, Jonathan) |
| Request for Clerk to issue summons as to Capcom U.S.A., Inc.. (Winter, Jonathan) |
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