Vallejo v. Narcos Productions LLC et al
Plaintiff: Virginia Vallejo
Defendant: Narcos Productions LLC, Gaumont Television USA LLC, Dynamo Producciones S.A. and Netflix, Inc.
Case Number: 1:2018cv23462
Filed: August 24, 2018
Court: US District Court for the Southern District of Florida
Presiding Judge: K Michael Moore
Referring Judge: Andrea M Simonton
Nature of Suit: Copyright
Cause of Action: 28 U.S.C. § 1338
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 21, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 16, 2018 Filing 16 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Gaumont Television USA LLC, Narcos Productions LLC, Netflix, Inc.. Responses due by 10/30/2018 (Ponce, Scott)
September 17, 2018 Opinion or Order Filing 15 PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 6 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 6 is GRANTED. Louis P. Petrich may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to lpetrich@LPSLA.com. Signed by Chief Judge K. Michael Moore on 9/17/2018. (jm01)
September 17, 2018 Filing 14 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Louis P. Petrich. Filing Fee $ 75.00 Receipt # 113C-11000334 by Gaumont Television USA LLC, Narcos Productions LLC, Netflix, Inc.. Responses due by 10/1/2018 (Attachments: #1 Certification, #2 Text of Proposed Order)(Canamero, Rebecca)
September 17, 2018 Filing 13 NOTICE of Attorney Appearance by Scott Daniel Ponce on behalf of Dynamo Producciones S.A., Gaumont Television USA LLC, Narcos Productions LLC, Netflix, Inc.. Attorney Scott Daniel Ponce added to party Dynamo Producciones S.A.(pty:dft), Attorney Scott Daniel Ponce added to party Gaumont Television USA LLC(pty:dft), Attorney Scott Daniel Ponce added to party Narcos Productions LLC(pty:dft), Attorney Scott Daniel Ponce added to party Netflix, Inc.(pty:dft). (Ponce, Scott)
September 17, 2018 Opinion or Order Filing 12 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Unopposed Motion for an Extension of Time to Answer the Complaint. #11 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #11 is GRANTED. Defendants shall respond to the Complaint on or before October 16, 2018. Signed by Chief Judge K. Michael Moore on 9/17/2018. (jm01)
September 17, 2018 Reset Deadlines Dynamo Producciones S.A. answer due 10/16/2018; Gaumont Television USA LLC answer due 10/16/2018; Narcos Productions LLC answer due 10/16/2018; Netflix, Inc. answer due 10/16/2018 Pr DE#12. (cqs)
September 14, 2018 Filing 11 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Gaumont Television USA LLC, Narcos Productions LLC, Netflix, Inc.. Attorney Rebecca Jo Canamero added to party Gaumont Television USA LLC(pty:dft), Attorney Rebecca Jo Canamero added to party Narcos Productions LLC(pty:dft), Attorney Rebecca Jo Canamero added to party Netflix, Inc.(pty:dft). (Attachments: #1 Text of Proposed Order)(Canamero, Rebecca)
September 14, 2018 Filing 10 WAIVER OF SERVICE Returned Executed by Virginia Vallejo. Dynamo Producciones S.A. waiver sent on 9/13/2018, answer due 11/13/2018. (Thornburg, Robert)
August 30, 2018 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Virginia Vallejo. Netflix, Inc. served on 8/28/2018, answer due 9/18/2018. (Thornburg, Robert)
August 30, 2018 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Virginia Vallejo. Gaumont Television USA LLC served on 8/28/2018, answer due 9/18/2018. (Thornburg, Robert)
August 30, 2018 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline by Virginia Vallejo. Narcos Productions LLC served on 8/28/2018, answer due 9/18/2018. (Thornburg, Robert)
August 27, 2018 Opinion or Order Filing 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 8/27/2018. (jm01)
August 27, 2018 Opinion or Order Filing 5 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 8/27/2018. (jm01)
August 27, 2018 Filing 4 Summons Issued as to Dynamo Producciones S.A., Gaumont Television USA LLC, Narcos Productions LLC, Netflix, Inc. (pes)
August 24, 2018 Filing 3 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Complaint) (pes)
August 24, 2018 Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (pes)
August 24, 2018 Filing 1 COMPLAINT for Willful Copyright Infringement and Unfair Competition against Dynamo Producciones S.A., Gaumont Television USA LLC, Narcos Productions LLC, Netflix, Inc.. Filing fees $ 400.00 receipt number 113C-10940061, filed by Virginia Vallejo. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) as to Narcos Productions LLC, #3 Summon(s) as to Netflix, Inc., #4 Summon(s) as to Gaumont Television USA LLC, #5 Summon(s) as to Dynamo Producciones S.A.)(Thornburg, Robert)

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Defendant: Narcos Productions LLC
Represented By: Scott Daniel Ponce
Represented By: Rebecca Jo Canamero
Represented By: Louis P. Petrich
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Defendant: Gaumont Television USA LLC
Represented By: Scott Daniel Ponce
Represented By: Rebecca Jo Canamero
Represented By: Louis P. Petrich
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Defendant: Dynamo Producciones S.A.
Represented By: Scott Daniel Ponce
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Defendant: Netflix, Inc.
Represented By: Scott Daniel Ponce
Represented By: Rebecca Jo Canamero
Represented By: Louis P. Petrich
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Plaintiff: Virginia Vallejo
Represented By: Robert Houpt Thornburg
Represented By: Joshua B. Spector
Represented By: Cameron Christopher Murphy
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