August Image, LLC v. Wild Sky Media, LLC
| August Image, LLC |
| Wild Sky Media, LLC |
| 9:2022cv80563 |
| April 8, 2022 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Copyright |
| 17 U.S.C. § 0501 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 19
ORDER CLOSING CASE. Case Dismissed (Without Prejudice) . Signed by Judge Donald M. Middlebrooks on 5/24/2022. See attached document for full details. (jas)
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Filing 18
PAPERLESS ORDER DISCHARGING 14 ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: The Court has carefully reviewed Plaintiff's Counsels' Response to Order to Show Cause ("Response") [DE 16]. As to pro hac vice counsel, it appears, based upon the representation of pro hac vice counsel, David C. Deal, Esq., that he was unaware of both the Court's May 16, 2022 Scheduling Conference and the Court's ensuing May 16, 2022 Show Cause Order [DE 14] due to mistakenly being left off the email service list. [DE 16 at 1, DE 16-1 at 2]. The Court finds that Mr. Deal did not timely appear or respond due to this notice error which was beyond his control. Therefore, no sanctions against him are warranted. As to local counsel, it appears, based upon the representation of local counsel, Max Phillip Levine, Esq., that he was unaware that pro hac vice counsel had not been receiving electronic notices with regard to this case, and that he was out of the country on vacation when the Court issued its May 16, 2022 Show Cause Order. [DE 16 at 1, DE 16-2 at 12]. However, it is clear to the Court that Mr. Levine received notice of the May 16, 2022 Scheduling Conference on April 21, 2022 [DE 12] and should have properly accessed and reviewed his calendar and taken all necessary steps to make sure this case was properly handled, that at least one counsel would appear as ordered, and that a timely response to the Court's Order to Show Cause would be filed. A simple phone call from Mr. Levine to pro hac vice counsel would have avoided this entire problem. This is precisely the job of local counsel under our local rules. See Rule 4(b)(3), Rules Governing The Admission, Practice, Peer Review, and Discipline of Attorneys. Mr. Levine failed in his responsibilities as local counsel and wasted this Court's time. Mr. Levine's vacation plans do not take precedence over his obligations to his client, his co-counsel and to this Court. However, the Court will decline to sanction Mr. Levine or refer him to Bar authorities on this occasion. The Order to Show Cause [DE 14] is therefore DISCHARGED. No further action shall be taken by the Court, and the Court considers this matter closed. However, the Court cautions Mr. Levine that any future failure to appear at a hearing or to comply with Court orders in this district can have serious consequences. Signed by Magistrate Judge William Matthewman on 5/23/2022. (cpe)
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| Filing 17 NOTICE of Voluntary Dismissal by August Image, LLC (Levine, Max) |
| Filing 16 RESPONSE TO ORDER TO SHOW CAUSE re 14 Order to Show Cause,,,,,, by August Image, LLC. (Attachments: #1 Declaration of David C. Deal, #2 Declaration of Max Phillip Levine)(Levine, Max) |
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Filing 15
PAPERLESS ORDER: This matter is before the Court pursuant to the Court's May 16, 2022 Paperless Order to Show Cause to Plaintiff's Counsel ("OTSC") [DE 14], which was issued by the Court after both of Plaintiff's counsel failed to appear as required at the duly noticed May 16, 2022 Scheduling Conference [DE 12; DE 13]. The OTSC was electronically served upon local counsel, Max Phillip Levine, Esq., who failed to respond to the OTSC in a timely manner. However, as to pro hac vice counsel, the Clerk's Office has informed the Court that pro hac vice counsel--David C. Deal, Esq.--mistakenly did not receive notice of the Paperless Order granting his Amended Motion to Appear Pro Hac Vice [DE 10], or any Order entered thereafter. This does not excuse local counsel from his dereliction in failing to respond, but in light of this, the Court will allow pro hac vice counsel to respond to the OTSC [DE 14] on or before Monday, May 23, 2022. Additionally, local counsel, Max Phillip Levine, who did receive proper electronic notices from the Clerk, not only failed to appear at the May 16, 2022 Scheduling Conference but also failed to respond to the Court's OTSC, despite being properly electronically served. Local counsel Mr. Levine SHALL therefore respond on or before May 23, 2022, explaining why he both failed to appear at the Scheduling Conference and failed to respond to the OTSC. The Court reserves jurisdiction to impose appropriate sanctions upon Plaintiff's counsel and/or Plaintiff. Plaintiff's local counsel and pro hac vice counsel are again ORDERED to provide a copy of this Order and any response to the Court's OTSC to the Plaintiff, August Image, LLC. Failure to respond and/or to comply with the Court's Orders, including this Order, may result in all appropriate sanctions against Plaintiff and/or its counsel, including but not limited to dismissal of this case. Signed by Magistrate Judge William Matthewman on 5/19/2022. (cpe)
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Filing 14
PAPERLESS ORDER TO SHOW CAUSE TO PLAINTIFF'S COUNSEL: This case was duly set and noticed on April 21, 2022, for a Scheduling Conference to be held by Zoom Video Teleconference (VTC) before the Undersigned United States Magistrate Judge on May 16, 2022 at 2:00 p.m. [DE 12]. At the time of the scheduled hearing on May 16, 2022, the Court called the case, but there was no appearance by Plaintiff's counsel. The Court waited 15 minutes for Plaintiff's counsel to appear. Defendant's counsel has not yet made an appearance in the case, so the hearing could not go forward at all. The failure of Plaintiff's counsel to appear as required prevented the Court from discussing several important issues and has disrupted this Court's schedule. Accordingly, Plaintiff and Plaintiff's counsel, David C. Deal, Esq., and Max Phillip Levine, Esq., are hereby ORDERED TO SHOW CAUSE why they and/or Plaintiff should not be sanctioned or held in contempt of court for counsel's failure to appear at the duly noticed Scheduling Conference. Plaintiff's counsel shall file a written response to this Court's Order to Show Cause on or before noon on May 18, 2022. Failure to comply with this Order may result in further sanctions upon Plaintiff's counsel and/or Plaintiff. Further, Plaintiff's counsel is ORDERED to provide a copy of this Order and his Response to this Court's Order to Show Cause to the Plaintiff, August Image, LLC. Signed by Magistrate Judge William Matthewman on 5/16/2022. (no00)
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| Filing 13 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Status Conference via Zoom Video Teleconference held on 5/16/2022. The Court waited fifteen minutes for Plaintiff's counsel to appear. Plaintiff's counsel did not appear. The Scheduling Conference was NOT held. The Court will issue an Order to Show Cause to Plaintiff's Counsel. Total time in court: 15 minutes. (Digital 14:01:14) (kza) Modified on 5/18/2022 (kza). |
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Filing 12
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 5/16/2022 at 2:00 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 4/21/2022. (no00)
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Filing 11
ORDER REFERRING CASE AND SETTING TRIAL DATE. Jury Trial set for 1/17/2023 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/11/2023 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., ORDER REFERRING CASE to Magistrate Judge William Matthewman for scheduling conference. Signed by Judge Donald M. Middlebrooks on 4/20/2022. See attached document for full details. (lbc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 10
PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney David C. Deal. Signed by Judge Donald M. Middlebrooks on 4/14/2022. (kal)
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| Filing 9 Amended MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Deal. Pay.gov Agency Tracking ID FLSDC-15553309. Filing Fee $ 200.00 by August Image, LLC. Responses due by 4/27/2022 (Levine, Max) |
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Filing 8
PAPERLESS ORDER denying without prejudice #7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Deal. Pro Hac Vice attorney David C. Deal did not sign his Certification. Accordingly, the motion is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 4/13/2022. (kal)
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| Attorney David C. Deal representing August Image, LLC (Plaintiff) Activated. (pt) |
| Filing 7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David C. Deal. Filing Fee $ 200.00 Receipt # AFLSDC-15553309 by August Image, LLC. Responses due by 4/26/2022 (Levine, Max) |
| Filing 6 Summons Issued as to Wild Sky Media, LLC. (jas) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by August Image, LLC (Levine, Max) |
| Filing 4 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - Summons need to be refiled with form AO440. (jas) |
| Filing 3 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (Attachments: #1 Complaint and Exhibits) (jas) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (jas) |
| Filing 1 COMPLAINT against Wild Sky Media, LLC. Filing fees $ 402.00 receipt number AFLSDC-15544952, filed by August Image, LLC. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet (August Image vs Wild Sky Media), #2 Summon(s) Summons (August Image vs Wild Sky Media), #3 Exhibit Exhibit 1 (August Image vs. Wild Sky Media), #4 Exhibit 2 (August Image vs. Wild Sky Media))(Levine, Max) |
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| Plaintiff: August Image, LLC | |
| Represented By: | Max Phillip Levine |
| Represented By: | David C. Deal |
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| Defendant: Wild Sky Media, LLC | |
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