LEYTHAM PHOTOGRAPHY LLC v. D.R. HORTON INC.
| Leytham Photography, LLC and LEYTHAM PHOTOGRAPHY LLC |
| D.R. HORTON, INC. and D.R. HORTON INC |
| 3:2023cv00794 |
| January 17, 2023 |
| US District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| T KENT WETHERELL |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 37
ORDER. Currently before the Court is a "Stipulation for Dismissal." (Doc. #36 ). Plaintiff and Defendant have stipulated to dismissal of this case with prejudice, and each party will bear its own attorney fees and costs. (Id.). Federal Rule of Civil Procedure 41(a)(1)(A)(ii) allows a plaintiff to voluntarily dismiss an action by filing a "stipulation of dismissal signed by all parties who have appeared." Counsel for both Plaintiff and Defendant have signed the stipulation in this case. Accordingly, this action is DISMISSED with prejudice, and each party will bear its own attorney fees and costs. The Clerk of Court is directed to close this case. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 08/10/23. (jfj)
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| Filing 36 STIPULATION of Dismissal by LEYTHAM PHOTOGRAPHY LLC. (ARCE STARK, AARON) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #36 Joint Stipulation of Dismissal with Prejudice. (jfj) |
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Filing 35
ORDER re #34 Notice of Pending Settlement. That all current deadlines are tolled. The parties shall file a status report thirty days from the date of this Order (and every thirty days thereafter) if a stipulation of dismissal is not filed by then. (Status Report due by 8/14/2023.) Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 7/14/2023. (mb)
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| Filing 34 NOTICE of Settlement by D.R. HORTON INC (WOODWARD, DOUGLAS) |
| Filing 33 NOTICE OF SERVICE by LEYTHAM PHOTOGRAPHY LLC (ARCE STARK, AARON) |
| Filing 32 NOTICE of Appearance by ROBERT ALEXANDER ANDRADE on behalf of D.R. HORTON INC (ANDRADE, ROBERT) |
| Filing 31 NOTICE of Appearance by GEORGE RODERICK MEAD, II on behalf of D.R. HORTON INC (MEAD, GEORGE) |
| Filing 30 NOTICE to Take Deposition of Christopher Kuszajewski by LEYTHAM PHOTOGRAPHY LLC (ARCE STARK, AARON) |
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Filing 29
ORDER. This matter is before the Court on the parties consent motion to extend the deadlines in the final scheduling order. (Doc. #28 ). Upon review of the motion, it is hereby ORDERED that the motion is GRANTED. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 06/15/23. (Dispositive Motions to be filed by 9/18/2023. Discovery due by 8/21/2023. Mediation to take place by 8/4/2023. Mediation Report due by 8/18/2023.) (jfj)
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| Filing 28 Consent MOTION for Extension of Time to Complete Discovery by LEYTHAM PHOTOGRAPHY LLC. (ARCE STARK, AARON) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #28 Consent MOTION for Extension of Time to Complete Discovery. Referred to ZACHARY C BOLITHO. (jfj) |
| Filing 27 Minute Entry for proceedings held before MAGISTRATE JUDGE ZACHARY C BOLITHO:Telephone Conference held on 5/10/2023. (sdw) |
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Filing 26
ORDER. Attorney Montgomery's amended motion to withdraw (Doc. #25 ) is GRANTED. Attorney Montgomery is relieved of further responsibilities in this matter regarding D.R. Horton, Inc. Attorney Woodward will remain as counsel of record for D.R. Horton, Inc. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 05/04/23. (Attorney WILLIAM DOUGLAS MONTGOMERY terminated.) (jfj)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #25 MOTION to Withdraw as Attorney (Renewed Motion to Withdraw). Referred to ZACHARY C BOLITHO. (jfj) |
| Filing 25 MOTION to Withdraw as Attorney (Renewed Motion to Withdraw) by D.R. HORTON INC. (MONTGOMERY, WILLIAM) |
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Filing 24
ORDER. Attorney Montgomery's motion to withdraw (Doc. #21 ) is DENIED without prejudice. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 05/01/23. (jfj)
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| Filing 23 MEMORANDUM Conference Call Instructions. (sdw) |
| Filing 22 AMENDED NOTICE OF TELEPHONIC HEARING. Telephonic Conference reset for 5/10/2023 at 10:00 AM in U.S. Courthouse Pensacola before MAGISTRATE JUDGE ZACHARY C BOLITHO. NOTE: If you have questions in advance of the hearing, feel free to contact me at (850) 470-8141 or via email Sylvia_Williams@flnd.uscourts.gov. /s/ Sylvia Williams Courtroom Deputy Clerk (sdw) |
| Filing 21 MOTION to Withdraw as Attorney by D.R. HORTON INC. (MONTGOMERY, WILLIAM) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #21 MOTION to Withdraw as Attorney by D.R. HORTON INC. (MONTGOMERY, WILLIAM) Referred to ZACHARY C BOLITHO. (jfj) |
| Filing 20 MEMORANDUM Conference Call Instructions. (sdw) |
| Filing 19 NOTICE OF TELEPHONIC HEARING. Telephonic Conference set for 5/2/2023 at 10:00 AM in U.S. Courthouse Pensacola before MAGISTRATE JUDGE ZACHARY C BOLITHO. (call-in instructions to follow) NOTE: If you have questions in advance of the hearing, feel free to contact me at (850) 470-8141 or via email Sylvia_Williams@flnd.uscourts.gov. /s/ Sylvia WilliamsCourtroom Deputy Clerk (sdw) |
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Filing 18
FINAL SCHEDULING ORDER AND MEDIATION REFERRAL Re: #16 Report of Rule 26(f) Planning Meeting: Discovery due by 7/7/2023. Dispositive Motions to be filed by 8/4/2023. Mediation to take place by 8/4/2023. Mediation Report due by 8/18/2023. ORDER REFERRING CASE to Mediation. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 04/24/23. (jfj)
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Filing 17
ORDER REFERRING CASE to Magistrate Judge. This case is before the Court based the parties' Rule 26(f) report, Doc. #16 . The report states that "[t]he parties consent to the jurisdiction of the United States Magistrate Judge under 28 U.S.C. 636(c) to conduct all proceedings, including trial and entry of judgment. Id. at 6 (9). Accordingly, it is ORDERED that this case is referred to Magistrate Judge Zachary Bolitho for entry of a scheduling order and all further proceedings. Signed by JUDGE T KENT WETHERELL II on 04/21/23. (jfj)
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ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #17 Order Referring Case to Magistrate Judge. Accordingly, it is ORDERED that this case is referred to Magistrate Judge Zachary Bolitho for entry of a scheduling order and all further proceedings. Signed by JUDGE T KENT WETHERELL II on 04/21/23. (jfj)
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| Filing 16 REPORT of Rule 26(f) Planning Meeting. (ARCE STARK, AARON) |
| Filing 15 RULE 26 Disclosures by LEYTHAM PHOTOGRAPHY LLC. (ARCE STARK, AARON) |
| Filing 14 Corporate Disclosure Statement/Certificate of Interested Persons by D.R. HORTON INC. (Attachments: #1 Exhibit A - Subsidiary List) (WOODWARD, DOUGLAS) |
| Filing 13 RULE 26 Disclosures by D.R. HORTON INC. (WOODWARD, DOUGLAS) |
| Filing 12 NOTICE of Appearance by DOUGLAS SHANE WOODWARD on behalf of D.R. HORTON INC (WOODWARD, DOUGLAS) |
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Filing 11
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/21/2023. Rule 26 Meeting Report due by 4/20/2023. Discovery due by 7/7/2023. Signed by JUDGE T KENT WETHERELL II on 03/07/23. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #1 Complaint, #10 Answer to Complaint. (Please see proposed ISO.) (jfj) |
| Filing 10 ANSWER to #1 Complaint by D.R. HORTON INC. (MONTGOMERY, WILLIAM) |
| Filing 9 Corporate Disclosure Statement/Certificate of Interested Persons by LEYTHAM PHOTOGRAPHY LLC. (ARCE STARK, AARON) |
| Filing 8 AO 121 Copyright New Case Notification. Copy sent to the Register of Copyrights, U.S. Copyright Office, 101 Independence Ave. S.E. Washington, D.C. 20559-6000. (kdm) |
| Filing 7 CIVIL COVER SHEET. (kdm) |
| Filing 6 AFFIDAVIT of Service for Complaint and Summons served on CT Corporation System on behalf of D.R. Horton, Inc. on 1/31/2023, filed by LEYTHAM PHOTOGRAPHY LLC. (ARCE STARK, AARON) |
| Filing 5 Summons Issued as to D.R. HORTON, INC. (jfj) |
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Filing 4
ORDER. This case is before the Court based on the motion for leave to appear pro hac vice filed by attorney Aaron M. Arce Stark (Doc. #3 ). The Court finds based on the motion and supporting documentation that Mr. Stark meets the requirements of Local Rule 11.1 to appear pro hac vice. The Court also notes that the applicable fee has been paid. Accordingly, it is ORDERED that the motion is GRANTED, and attorney Aaron M. Arce Stark is authorized to appear pro hac vice for Plaintiff. Signed by JUDGE T KENT WETHERELL II on 01/18/23. (jfj)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #3 MOTION to Appear Pro Hac Vice. (jfj) |
| Filing 3 MOTION to Appear Pro Hac Vice(Filing fee $208.) by Leytham Photography, LLC. (Attachments: #1 Exhibit) (ARCE STARK, AARON) |
| Filing 2 AMENDED DOCUMENT by Leytham Photography, LLC. Summons issued to D.R. Horton, Inc. (ARCE STARK, AARON) |
| Filing 1 COMPLAINT against D.R. HORTON, INC. (Filing fee $402.), filed by Leytham Photography, LLC. (Attachments: #1 Exhibit Exhibit A and B, #2 Civil Cover Sheet) (ARCE STARK, AARON) |
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