Myeress v. Heidenry et al
| Joe Myeress |
| MDLV, LLC and Reid Heidenry |
| 1:2019cv21568 |
| April 24, 2019 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Jacqueline Becerra |
| Rodolfo A Ruiz |
| Copyright |
| 17 U.S.C. § 0501 |
| Plaintiff |
Docket Report
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Filing 28
PAPERLESS ORDER. THIS MATTER came before the Court on Defendant Reid Heidenry's Motion to Dismiss, ECF No. #9 , and Defendant MDLV, LLC's Motion to Dismiss for Failure to State a Claim, ECF No. #11 . Upon consideration of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the parties shall appear for Oral Argument before Magistrate Judge Jacqueline Becerra on Monday, July 8, 2019 at 2:00 p.m. in Courtroom 6 on the 10th Floor of the James Lawrence King Federal Justice Building, 99 N.E. 4th Street, Miami, Florida, 33132. Signed by Magistrate Judge Jacqueline Becerra on 6/26/2019. (amz)
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| Filing 27 First MOTION for Hearing re #15 Response in Opposition to Motion, #9 MOTION to Dismiss #1 Complaint, by Reid Heidenry. (Schamy, Brenda) |
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Filing 26
PAPERLESS ORDER denying #25 Defendants' Motion for Reconsideration. On June 7, 2019, this Court denied Defendants' #22 Motion for Leave and, due to its untimely filing, struck Defendants' #23 Reply to Response to Motion to Dismiss. Finding no reason to alter its decision, the Court hereby DENIES Defendants' #25 Motion for Reconsideration. Signed by Magistrate Judge Jacqueline Becerra on 6/12/2019. (amz)
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| Filing 25 First MOTION for Reconsideration re #23 Reply to Response to Motion to Dismiss by Reid Heidenry. (Schamy, Brenda) |
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Filing 24
PAPERLESS ORDER Denying #22 Motion for Leave and Striking #23 Reply to Response to #9 Motion to Dismiss. On May 7, 2019, Defendant filed its #9 Motion to Dismiss the Complaint. On May 24, 2019, Plaintiff filed its #15 Response in Opposition. Defendant's Reply was due on May 31, 2019. Defendant failed to seek additional time before the due date, and instead, filed its Reply on June 7, 2019. A party seeking additional time to file any pleading, motion, or response with the Court should do so before the deadline to file. Here, the reason Defendant cites for its failure to submit a timely Reply is that the client was out of town. There is no reason why a motion seeking additional time could not have been filed before May 31, 2019. Accordingly, Defendant's #22 Motion is DENIED. In addition, because Defendant filed the Reply without leave to do so, the #23 Reply is STRICKEN. Signed by Magistrate Judge Jacqueline Becerra on 6/7/2019. (amz)
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| Filing 23 **STRICKEN per DE# 24 *REPLY to Response to Motion re #9 MOTION to Dismiss #1 Complaint, filed by Reid Heidenry. (Schamy, Brenda) Modified text on 6/10/2019 (lh). |
| Filing 22 First MOTION for Leave to File Reply to Response in Opposition to Plaintiff's Motion to Dismiss by Reid Heidenry. (Schamy, Brenda) |
| Filing 21 REPLY to Response to Motion re #11 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by MDLV, LLC. (Ostroff, Eric) |
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Filing 20
ORDER REFERRING #11 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by MDLV, LLC, #9 MOTION to Dismiss #1 Complaint, filed by Reid Heidenry. Motions referred to Judge Jacqueline Becerra. Signed by Judge Rodolfo A Ruiz on 5/29/2019. See attached document for full details. (vmz)
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Filing 19
ORDER STRIKING #17 Notice of Unavailability filed by Reid Heidenry Signed by Judge Rodolfo A Ruiz on 5/29/2019. See attached document for full details. (vmz)
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| Filing 18 RESPONSE in Opposition re #11 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Joe Myeress. Replies due by 6/4/2019. (Rothman, Joel) |
| Filing 17 STRICKEN NOTICE OF UNAVAILABILITY by Reid Heidenry for dates of 06/05/2019-07/01/2019 (Schamy, Brenda) Modified PER DE #19 on 5/29/2019 (vmz). |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re #13 Order to Show Cause by Joe Myeress. (Moretto, Ana) |
| Filing 15 RESPONSE in Opposition re #9 MOTION to Dismiss #1 Complaint, filed by Joe Myeress. Replies due by 5/31/2019. (Moretto, Ana) |
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Filing 14
ORDER TO PERFECT SERVICE. Ordered and Adjudged that on or before July 23, 2019, Plaintiff shall perfect service upon the Defendant or show cause why this action should not be dismissed for failure to perfect service of process. Signed by Judge Rodolfo A Ruiz on 5/22/2019. See attached document for full details. (gp)
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Filing 13
ORDER TO SHOW CAUSE re: #9 Motion to Dismiss. Show Cause Response due by 5/24/2019. Signed by Judge Rodolfo A Ruiz on 5/22/2019. See attached document for full details. (gp)
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| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by MDLV, LLC (Ostroff, Eric) |
| Filing 11 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by MDLV, LLC. Attorney Eric W. Ostroff added to party MDLV, LLC (pty:dft). Responses due by 5/29/2019 (Attachments: #1 Exhibit A, #2 Exhibit B)(Ostroff, Eric) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Joe Myeress. Reid Heidenry served on 5/1/2019, answer due 5/22/2019. (Rothman, Joel) |
| Filing 9 MOTION to Dismiss #1 Complaint, by Reid Heidenry. Attorney Brenda Juliet Schamy added to party Reid Heidenry(pty:dft). Responses due by 5/21/2019 (Attachments: #1 Exhibit EXHIBIT A, #2 Exhibit EXHIBIT B)(Schamy, Brenda) |
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Filing 8
ORDER OF REASSIGNMENT to Judge Rodolfo A Ruiz for all further proceedings, Judge Cecilia M. Altonaga no longer assigned to case. Signed by Judge Cecilia M. Altonaga on 5/6/2019. See attached document for full details. (yar)
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| Filing 7 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Joe Myeress (Rothman, Joel) |
| Filing 6 Notice of Pending, Refiled, Related or Similar Actions by Joe Myeress (Rothman, Joel) |
| Filing 5 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (vmz) |
| Filing 4 Summons Issued as to MDLV, LLC. (vmz) |
| Filing 3 Summons Issued as to Reid Heidenry. (vmz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (vmz) |
| Filing 1 COMPLAINT for Copyright Infringement (Injunctive Relief Demanded) against Reid Heidenry, MDLV, LLC. Filing fees $ 400.00 receipt number 113C-11584890, filed by Joe Myeress. (Attachments: #1 Exhibit 1 - Registration, #2 Exhibit 2 - Infringement, #3 Civil Cover Sheet, #4 Summon(s), #5 Summon(s))(Rothman, Joel) |
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