Yellowpages Photos, Inc. v. YP, LLC
Plaintiff: Yellowpages Photos, Inc.
Defendant: YP, LLC
Case Number: 8:2017cv00764
Filed: March 31, 2017
Court: US District Court for the Middle District of Florida
Office: Tampa Office
County: Hillsborough
Presiding Judge: Charlene Edwards Honeywell
Presiding Judge: Julie S. Sneed
Nature of Suit: Copyrights
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: Plaintiff
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Date Filed Document Text
November 16, 2020 Opinion or Order Filing 249 ORDERED: The Report and Recommendation of the Magistrate Judge 248 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Defendants' Motion for Attorneys' Fees and Costs 238 is DENIED without prejudice. Defendants are granted leave to re-file their motion within thirty (30) days of the entry of a mandate by the Court of Appeals on Plaintiff's pending appeal. Plaintiff's Motion to Stay Consideration of Defendants' Motion for Fees 242 is DENIED as moot. Signed by Judge Charlene Edwards Honeywell on 11/16/2020. (JDE)
June 19, 2020 Opinion or Order Filing 235 ORDERED: Defendant Print Media LLC's Supplemental Motion for Summary Judgment 220 is GRANTED. The Court grants summary judgment in favor of Defendant Print Media LLC. As a matter of law, Defendant Print Media LLC's use of Plaintiff Y ellow Pages Photos, Inc.'s, copyrighted images discussed herein did not constitute copyright infringement because the use fell within the scope of the license entered into between Plaintiff and L.M. Berry and Company. A final judgment in favor of Defendants YP LLC and Print Media LLC will be entered by separate Order. Signed by Judge Charlene Edwards Honeywell on 6/19/2020. (LJB)
November 27, 2019 Opinion or Order Filing 196 ORDERED: Plaintiff's Notice to Take Judicial Notice 133 is GRANTED. Defendants YP LLC and Print Media LLC's Motion for Summary Judgment 119 157 is GRANTED-in-part and DENIED-in-part. The Court grants summary judgment in favor of Defendant Print Media LLC with respect to the issue of whether it was permitted to use the license referred to herein as the ATT License. As a matter of law, any use of Plaintiff's copyrighted images covered by this license did not constitute copyright infringement. The Court denies summary judgment with respect to the issue of whether Defendant Print Media LLC was permitted to use the license referred to herein as the Berry License. The Court grants summary judgment in favor of Defenda nts on the issue of whether Plaintiff may claim Defendants' profits as damages. Plaintiff may not claim Defendants' profits as damages. The Court denies summary judgment as to Counts I and II of the Amended Complaint because the evidence is disputed as to whether the images used by Defendants were covered by the licenses. Within FOURTEEN (14) DAYS of the date of this Order, YPPI shall advise the Court as to whether some or all of the images used by Defendants were covered by the Be rry License, the ATT License, or both. YPPI's response should be supported by any appropriate evidence. Defendants may file a response within FOURTEEN (14) DAYS of the date of YPPI's response. As discussed at the Final Pretrial Conference, in light of the Court's ruling on the motion for summary judgment, on or before December 20, 2019, the parties may file an Amended Pretrial Statement. Signed by Judge Charlene Edwards Honeywell on 11/27/2019. (LJB)
November 14, 2019 Opinion or Order Filing 191 ORDERED: Defendants' Daubert Motion to Exclude Testimony of Joseph J. Brown 118 is GRANTED. Joseph J. Brown is excluded from providing testimony at the trial of this cause. Signed by Judge Charlene Edwards Honeywell on 11/14/2019. (LJB)
August 14, 2019 Opinion or Order Filing 174 ORDER denying 124 Plaintiff Yellow Pages Photos, Inc.'s Motion for Discovery Sanctions Against Defendants YP, LLC and Print Media, LLC. Signed by Magistrate Judge Julie S. Sneed on 8/14/2019. (JAR)
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Plaintiff: Yellowpages Photos, Inc.
Represented By: Richard Edson Fee
Represented By: Kathleen M. Wade
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Defendant: YP, LLC
Represented By: George Donovan Conwell, Jr.
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