Smart v. Destination Florida Media Group, Inc.
| Sheila Ann Mary Smart |
| Destination Florida Media Group, Inc. doing business as Destination Palm Beaches |
| 4:2022cv10024 |
| April 7, 2022 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Copyright |
| 17 U.S.C. § 0501 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 27, 2022. A more recent docket listing may be available from PACER.
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Filing 23
PAPERLESS ORDER granting #22 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Attorney Kerry S. Culpepper is permitted to appear before this Court on behalf of Plaintiff Sheila Ann Mary Smart for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Kerry S. Culpepper at [email protected]. Signed by Judge Darrin P. Gayles on 12/27/2022. (mja)
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| Filing 22 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kerry S. Culpepper. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #21 Motion to Appear Pro Hac Vice, by Sheila Ann Mary Smart. Responses due by 1/10/2023 (Attachments: #1 Certification of Kerry S. Culpepper, #2 Text of Proposed Order)(Nguyen, Layla) |
| PAPERLESS Motions terminated: #21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kerry S. Culpepper. Filing Fee $ 200.00 Receipt # AFLSDC-16195839 filed by Sheila Ann Mary Smart. #22 Corrected Motion granted at [ECF No. 23] Signed by Judge Darrin P. Gayles on 12/27/2022. (mja) |
| Filing 21 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Kerry S. Culpepper. Filing Fee $ 200.00 Receipt # AFLSDC-16195839 by Sheila Ann Mary Smart. Responses due by 1/6/2023 (Attachments: #1 Affidavit of Kerry S. Culpepper, #2 Text of Proposed Order)(Rothman, Joel) |
| Filing 20 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE. (Attachments: #1 Default Final Judgment) (jas) |
| Filing 19 FINAL DEFAULT JUDGMENT and PERMANENT INJUNCTION in favor of Sheila Ann Mary Smart against Destination Florida Media Group, Inc. Closing Case. Signed by Judge Darrin P. Gayles on 9/1/2022. See attached document for full details. (jas) |
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Filing 18
ORDER granting #17 Motion for Default Judgment. Signed by Judge Darrin P. Gayles on 9/1/2022. See attached document for full details. (jas)
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| Filing 17 MOTION for Default Judgment by Sheila Ann Mary Smart. (Attachments: #1 Declaration of Sheila Smart, #2 Exhibit 1 - Registration Certificate, #3 Declaration of Joel B. Rothman in Support of Motion for Final Default, #4 Exhibit 1 - Invoice, #5 Text of Proposed Order)(Nguyen, Layla) |
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Filing 16
NOTICE OF COURT PRACTICE ON DEFAULT PROCEDURE. Plaintiff effectuated service of the summons and complaint on Defendant on May 16, 2022. [ECF No. 8]. Defendant, however, has failed to plead or otherwise defend this action after being served with process. The Clerk entered default against Defendant on June 9, 2022. [ECF No. 12]. Within ten (10) days of the date of this Order, Plaintiff shall file a motion for final default judgment, accompanied by a proposed final default judgment attached to the motion as Exhibit A, and duly supported by affidavits and other documentation. Plaintiff's failure to file a Motion for Final Default Judgment on or before the date set forth above may result in dismissal of the instant action. Signed by Judge Darrin P. Gayles on 6/16/2022. (ed00)
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| Filing 15 CERTIFICATE OF SERVICE by Sheila Ann Mary Smart (Attachments: #1 Exhibit 1 Email Notification, #2 Exhibit 2 Letter Notification)(Nguyen, Layla) |
| Filing 14 Plaintiff's RESPONSE to 13 Order,,, by Sheila Ann Mary Smart. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Nguyen, Layla) |
| Set/Reset Deadlines/Hearings per DE 13 Paperless Order. Responses due by 6/17/2022. (amb) |
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Filing 13
PAPERLESS ORDER regarding service of process. The Complaint [ECF No. 1] alleges Defendant is a Florida corporation. The return of service [ECF No. 8] indicates Plaintiff served the Florida Secretary of State. In the Motion for Clerk's Entry of Default [ECF No. 11], Plaintiff states the Secretary of State is Defendant's registered agent, but the Complaint alleges a different registered agent (see Compl. 9). Based on the limited information in the record, the Court cannot ascertain whether Defendant was properly served. Accordingly, Plaintiff is directed to file a response to this Order on or before June 17, 2022, addressing service of process under applicable Florida law, including but not limited to Fla. Stat. 48.081 and 48.181. Signed by Judge Darrin P. Gayles on 6/13/2022. (ed00)
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| Filing 12 Clerks Entry of Default as to Destination Florida Media Group, Inc. - Motions Terminated: #11 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 6/10/2022. (ebz) |
| Filing 11 Plaintiff's MOTION for Clerks Entry of Default as to Destination Florida Media Group, Inc. by Sheila Ann Mary Smart. (Attachments: #1 Declaration of Layla T. Nguyen, #2 Exhibit A)(Nguyen, Layla) |
| Filing 10 Clerks Notice to Filer re #8 Summons Returned Executed,. Incorrect Service Date Entered; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [de#9]. It is not necessary to refile this document. (drz) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Destination Florida Media Group, Inc. served on 5/16/2022, response/answer due 6/6/2022. (drz) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Sheila Ann Mary Smart. Destination Florida Media Group, Inc. served on 5/18/2022, response/answer due 6/8/2022. (Nguyen, Layla) |
| Filing 7 Summons Issued as to Destination Florida Media Group, Inc.. (kpe) |
| Filing 6 NOTICE of Filing Proposed Summons(es) by Sheila Ann Mary Smart (Nguyen, Layla) |
| Filing 5 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 4/8/2022. (jsi) |
| Filing 4 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Sheila Ann Mary Smart (Rothman, Joel) |
| Filing 3 Summons Issued as to Destination Florida Media Group, Inc.. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (kpe) |
| Filing 1 COMPLAINT for Copyright Infringement (Injunctive Relief Demanded) against Destination Florida Media Group, Inc.. Filing fees $ 402.00 receipt number AFLSDC-15539581, filed by Sheila Ann Mary Smart. (Attachments: #1 Exhibit 1 - Registration Certificate, #2 Exhibit 2 - Infringement, #3 Exhibit 3 - Demand Letters, #4 Civil Cover Sheet, #5 Summon(s))(Rothman, Joel) |
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| Plaintiff: Sheila Ann Mary Smart | |
| Represented By: | Angela Nieves |
| Represented By: | Craig Anthony Wirth |
| Represented By: | Layla Nguyen |
| Represented By: | Joel Benjamin Rothman |
| Represented By: | Kerry S. Culpepper |
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| Defendant: Destination Florida Media Group, Inc. doing business as Destination Palm Beaches | |
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