COGAN v. SCOTT et al
Plaintiff: JOSHUA E COGAN and JOSHUA E. COGAN
Defendant: SHELDON A. SCOTT, J. DUBOIS ARTS, LLC, JARVIS S. DUBOIS, LEIGH M. CONNER, CONNER CONTEMPORARY ART, INC., JAMIE L. SMITH, SHELDON SCOTT STUDIOS, LLC and JARVIS SEBASTIAN DUBOIS
Case Number: 1:2019cv01797
Filed: June 19, 2019
Court: US District Court for the District of Columbia
Presiding Judge: Timothy J Kelly
Nature of Suit: Copyright
Cause of Action: 17:101
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on August 14, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 14, 2019 Filing 34 MEMORANDUM re Order on Motion for Reconsideration,,,,,,,,, Set/Reset Deadlines,,,,,,,, by SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC. (Bond, Johnnie)
August 14, 2019 Opinion or Order MINUTE ORDER: It is hereby ORDERED that the parties shall appear for an Initial Scheduling Conference on September 11, 2019, at 10:00 a.m. The parties shall meet, confer, and submit a joint report pursuant to Fed. R. Civ. P. 26(f) and Local Civil Rule 16.3. Signed by Judge Timothy J. Kelly on 8/14/2019. (lctjk2)
August 14, 2019 Filing 33 Clerk's ENTRY OF DEFAULT as to J. DUBOIS ARTS, LLC. (tth)
August 14, 2019 Filing 29 Clerk's ENTRY OF DEFAULT as to JARVIS SEBASTIAN DUBOIS. (tth) (Main Document 29 replaced on 8/14/2019 to correct case caption) (ztth).
August 14, 2019 Filing 28 ANSWER to Complaint, COUNTERCLAIM against JOSHUA E. COGAN by SHELDON SCOTT STUDIOS, LLC, SHELDON A. SCOTT. (tth)
August 14, 2019 Opinion or Order MINUTE ORDER granting Defendants Sheldon Scott Studios, LLC, (SSSL) and Sheldon A. Scott's #24 Motion for Reconsideration. Courts have broad discretion to revisit any interlocutory order under Federal Rule of Civil Procedure 54(b) "as justice requires." See Cobell v. Norton, 355 F. Supp. 2d 531, 539 (D.D.C. 2005). Here, in light of Defendants SSSL and Scott filing the correct version of their answer, and upon consideration of Defendants' counsel's additional representations made in the motion, including the recent move to a new office, and the minimal prejudice to Plaintiff, the Court finds that reconsideration of its prior order is appropriate and that Defendants SSSL and Scott have demonstrated the requisite excusable neglect. Accordingly, it is hereby ORDERED that Defendants SSSL and Scott's #24 Motion for Reconsideration is GRANTED and that they are provided an extension of time to file their answer, commensurate their motion for reconsideration. The Clerk of Court is directed to docket Defendants SSSL and Scott's proposed answer, attached to their motion as ECF No. 24-2, as an answer to the #1 Complaint filed as of August 12, 2019. Nevertheless, the Court finds Plaintiff's counsel's representation that Defendants' counsel never reached out to her prior to filing this motion, despite explicitly stating that he "conferred with Plaintiff and [that] Plaintiff does not consent to the relief requested," troubling to say the least. At best, it was a misunderstanding of the requirements of Local Civil Rule 7(m) and a reference to Defendants' conferral regarding the prior motion; at worst, it was a false statement to the Court. Accordingly, it is hereby ORDERED that counsel for Defendants SSSL and Scott shall, no later than August 19, 2019, show cause in writing why that statement did not violate Federal Rule of Civil Procedure 11(b). Signed by Judge Timothy J. Kelly on 8/14/2019. (lctjk2)
August 13, 2019 Filing 27 Memorandum in opposition to re #24 MOTION for Reconsideration re Order on Motion for Leave to File,,,,,,, , #26 Supplemental MOTION for Reconsideration re Order on Motion for Leave to File,,,,,,, filed by JOSHUA E. COGAN. (White, Sharmian)
August 13, 2019 Opinion or Order MINUTE ORDER: It is hereby ORDERED that Plaintiff shall file his response to Defendants Sheldon Scott Studios, LLC, and Sheldon A. Scott's #24 Motion for Reconsideration no later than today, August 13, 2019. Signed by Judge Timothy J. Kelly on 8/13/2019. (lctjk2)
August 13, 2019 Filing 26 SUPPLEMENTAL MEMORANDUM re #24 Motion for Reconsideration re Order on Motion for Leave to File, by SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC (Bond, Johnnie); Modified event and text on 8/13/2019 (tth).
August 12, 2019 Filing 25 Memorandum in opposition to re #21 MOTION for Entry of Default re Sheldon Scott and Sheldon Scott Studios filed by SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC. (Attachments: #1 Exhibit August 8 Email to Plaintiff)(Bond, Johnnie)
August 12, 2019 Filing 24 MOTION for Reconsideration re Order on Motion for Leave to File,,,,,,, by SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC (Attachments: #1 Exhibit August 8 Email to Plaintiff, #2 Exhibit Final Answer to Complaint)(Bond, Johnnie)
August 12, 2019 Opinion or Order MINUTE ORDER striking Defendants Sheldon Scott Studios, LLC, and Sheldon A. Scott's #20 Answer and denying their #22 Motion for Leave to File. By Minute Order dated July 19, 2019, the Court ordered Defendants Sheldon Scott Studios, LLC, ("SSSL") and Sheldon A. Scott to answer or otherwise respond to Plaintiff's #1 Complaint no later than August 7, 2019. On August 8, 2019, without seeking leave of Court, they filed their answer. Only after Plaintiff moved for entry of default did they file a motion for leave to file their answer out of time. Because Defendants SSSL and Scott initially filed their #20 Answer out of time and without leave of Court, it is hereby ORDERED that their answer is STRICKEN. The Clerk of Court is directed to strike Defendants SSSL and Scott's #20 Answer from the record. As to their motion for leave to file, Defendants' counsel represents both that he "endeavored" to meet the August 7 deadline but was unable to "due to other deadlines in other legal matters" and that he "inadvertently calendared the deadline for August 8." Not only do those explanations appear contradictory, but they, at least currently, lack the necessary specificity to demonstrate the requisite excusable neglect under Federal Rule of Civil Procedure 6(b)(1)(B). Moreover, the answer Defendants SSSL and Scott attached to their motion includes two counterclaims seemingly lifted from a pleading in a separate case involving separate parties. And thus the Court cannot be assured that Defendants SSSL and Scott have made a good faith effort to sincerely respond to Plaintiff's complaint. For these reasons, it is further ORDERED that Defendants SSSL and Scott's #22 Motion for Leave to File is DENIED. Signed by Judge Timothy J. Kelly on 8/12/2019. (lctjk2)
August 12, 2019 Filing 23 Memorandum in opposition to re #22 MOTION for Leave to File Answer One Day out of Time Nunc Pro Tunc filed by JOSHUA E. COGAN. (White, Sharmian)
August 9, 2019 Filing 32 AFFIDAVIT FOR DEFAULT by JOSHUA E. COGAN. (tth)
August 9, 2019 Filing 31 MILITARY AFFIDAVIT by JOSHUA E. COGAN. (tth)
August 9, 2019 Filing 30 AFFIDAVIT FOR DEFAULT by JOSHUA E. COGAN. (tth)
August 9, 2019 Filing 22 MOTION for Leave to File Answer One Day out of Time Nunc Pro Tunc by SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC (Attachments: #1 Exhibit Answer, #2 Text of Proposed Order)(Bond, Johnnie)
August 9, 2019 Filing 21 MOTION for Entry of Default re Sheldon Scott and Sheldon Scott Studios by JOSHUA E. COGAN (Attachments: #1 Affidavit in Support of Request for Entry of Default Against Sheldon Scott and Sheldon Scott Studios, LLC, #2 Affidavit Military Affidavit re Def. Sheldon Scott)(White, Sharmian)
August 8, 2019 Filing 20 STRICKEN PURSUANT TO MINUTE ORDER FILED ON 8/12/2019..... ANSWER to Complaint , COUNTERCLAIM against JOSHUA E. COGAN by SHELDON SCOTT STUDIOS, LLC, SHELDON A. SCOTT.(Bond, Johnnie); Modified on 8/13/2019 (tth).
August 8, 2019 Filing 19 MOTION for Entry of Default re J. DuBois Arts, LLC and Jarvis S. DuBois by JOSHUA E. COGAN (Attachments: #1 Affidavit in Support of Entry of Default Against J DuBois Arts, LLC, #2 Affidavit in Support of Entry of Default Against Jarvis S. DuBois, #3 Affidavit Military Affidavit re Jarvis S. DuBois)(White, Sharmian)
July 22, 2019 Filing 18 DEMAND for Trial by Jury by CONNER CONTEMPORARY ART, INC.. (Hathway, John)
July 22, 2019 Filing 17 ANSWER to Complaint with Jury Demand by LEIGH M. CONNER, JAMIE L. SMITH.(Hathway, John)
July 19, 2019 Opinion or Order MINUTE ORDER granting Defendants Sheldon A. Scott and Sheldon Scott Studios, LLC's #16 Consent Motion for Extension of Time. It is hereby ORDERED, for good cause shown, that Defendants Sheldon A. Scott and Sheldon Scott Studios, LLC's motion is GRANTED. Those two defendants shall answer or otherwise respond to the complaint no later than August 7, 2019. Signed by Judge Timothy J. Kelly on 7/19/2019. (lctjk2)
July 18, 2019 Filing 16 Consent MOTION for Extension of Time to File Response to Complaint, Consent MOTION for Extension of Time to Respond to Complaint by SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC (Attachments: #1 Text of Proposed Order)(Bond, Johnnie)
July 18, 2019 Filing 15 NOTICE of Appearance by Johnnie Daniel Bond, Jr on behalf of SHELDON SCOTT STUDIOS, LLC (Bond, Johnnie)
July 18, 2019 Filing 14 NOTICE of Appearance by Johnnie Daniel Bond, Jr on behalf of SHELDON A. SCOTT (Bond, Johnnie)
July 17, 2019 Filing 13 LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by CONNER CONTEMPORARY ART, INC. (Hathway, John)
July 17, 2019 Filing 12 ANSWER to Complaint by CONNER CONTEMPORARY ART, INC..(Hathway, John)
July 16, 2019 Filing 11 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JARVIS SEBASTIAN DUBOIS served on 7/13/2019, answer due 8/3/2019 (White, Sharmian)
July 16, 2019 Filing 10 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. J. DUBOIS ARTS, LLC served on 7/13/2019, answer due 8/3/2019 (White, Sharmian)
July 9, 2019 Filing 9 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. LEIGH M. CONNER served on 7/1/2019, answer due 7/22/2019 (White, Sharmian)
July 5, 2019 Filing 8 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. JAMIE L. SMITH served on 7/1/2019, answer due 7/22/2019 (White, Sharmian)
July 5, 2019 Filing 7 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SHELDON SCOTT STUDIOS, LLC served on 6/26/2019, answer due 7/17/2019 (White, Sharmian)
July 5, 2019 Filing 6 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. SHELDON A. SCOTT served on 6/26/2019, answer due 7/17/2019 (White, Sharmian)
July 1, 2019 Filing 5 RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. CONNER CONTEMPORARY ART, INC. served on 6/26/2019, answer due 7/17/2019 (White, Sharmian)
July 1, 2019 NOTICE OF CORRECTED DOCKET ENTRY: Document No. re #4 Certificate of Service was entered in error and counsel was instructed to refile said pleading using the "Service of Process" category. (jf)
June 28, 2019 Filing 4 ENTERED IN ERROR.....CERTIFICATE OF SERVICE by JOSHUA E COGAN re Service on ConnerSmith. (White, Sharmian) Modified on 7/1/2019 (jf).
June 20, 2019 Filing 3 SUMMONS (6) Issued Electronically as to LEIGH M. CONNER, CONNER CONTEMPORARY ART, INC., JARVIS SEBASTIAN DUBOIS, SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC, JAMIE L. SMITH. (Attachment: #1 Notice and Consent)(zeg)
June 20, 2019 Case Assigned to Judge Timothy J. Kelly. (zeg)
June 19, 2019 Filing 2 MOTION for Preliminary Injunction by JOSHUA E COGAN (Attachments: #1 Memorandum in Support)(White, Sharmian) (Additional attachment(s) added on 6/20/2019: #2 Text of Proposed Order) (zeg).
June 19, 2019 Filing 1 COMPLAINT against LEIGH M. CONNER, CONNER CONTEMPORARY ART, INC., JARVIS S. DUBOIS, J. DUBOIS ARTS, LLC, SHELDON A. SCOTT, SHELDON SCOTT STUDIOS, LLC, JAMIE L. SMITH ( Filing fee $ 400 receipt number 0090-6200553) filed by JOSHUA E COGAN. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Civil Cover Sheet, #5 Summons Conner Contemporary, #6 Summons Conner, #7 Summons J Dubois, #8 Summons Sheldon Scott, #9 Summons Jamie Smith, #10 Summons Sheldon Scott Art, #11 Application for PI, #12 Memorandum in Support, #13 Supplement Form AO 121, #14 Text of Proposed Order)(White, Sharmian) (Attachment 4 replaced on 6/20/2019) (zeg).

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Defendant: SHELDON A. SCOTT
Represented By: Johnnie Daniel Bond, Jr.
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Defendant: J. DUBOIS ARTS, LLC
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Defendant: JARVIS S. DUBOIS
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Defendant: LEIGH M. CONNER
Represented By: John J. Hathway
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Defendant: CONNER CONTEMPORARY ART, INC.
Represented By: John J. Hathway
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Defendant: JAMIE L. SMITH
Represented By: John J. Hathway
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Defendant: SHELDON SCOTT STUDIOS, LLC
Represented By: Johnnie Daniel Bond, Jr.
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Defendant: JARVIS SEBASTIAN DUBOIS
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Plaintiff: JOSHUA E COGAN
Represented By: Sharmian L. White
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Plaintiff: JOSHUA E. COGAN
Represented By: Sharmian L. White
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