Natkin v. Zenner et al
| Natkin and Paul Natkin individually doing business as Photo Reserve |
| Zenner, Michael Zenner an individual doing business as Vintage Rock Photos and Doe I through Doe III |
| 1:2016cv09233 |
| September 26, 2016 |
| US District Court for the Northern District of Illinois |
| Chicago Office |
| Cook |
| Susan E Cox |
| Thomas M Durkin |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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| Filing 51 MINUTE entry before the Honorable Susan E. Cox: Case was called. Nobody appeared from either party. On 5/31/18, the Honorable Sidney I. Schenkier reinstated this case and ordered the Plaintiff to file a formal suggestion of death on the record if he wished to enforce the settlement previously reached in this matter. Almost five months later, no such filing is on the record, and Plaintiff did not appear for the hearing today. As such, the Court dismisses this case with prejudice. Civil case terminated. Mailed notice (np, ) |
| Filing 50 MINUTE entry before the Honorable Sidney I. Schenkier: Motion hearing held May 31, 2018 before Judge Schenkier on Plaintiff's Motion for Default #48 . This case is reinstated, sua sponte, solely for the purpose of enforcing the Parties' settlement agreement. Plaintiff's Motion for Default #48 is denied without prejudice. If Plaintiff wishes to enforce the settlement agreement in this matter, he is to file a formal suggestion of death on the record after getting public record confirmation of the same. Plaintiff should take care to serve that suggestion of death consistent with the requirements of FRCP 25(a)(3) (see, also, Atkins v. City of Chicago, 547 F.3d 869 (7th Circ. 2008)). Within 90 days of the service of the suggestion of death, Plaintiff should notice a hearing for a motion to substitute Mr. Zenner's estate or personal representative as a party, taking care to properly serve such motion and notice. Failure to file this motion within 90 days of service of the suggestion of death will result in dismissal of the case pursuant to Rule 25(a)(1). Once a proper party is substituted, Plaintiff may then file a motion to enforce the settlement agreement against the appropriate party. At the hearing, Plaintiff made an oral motion to lift the confidentiality set forth in the Parties' "Settlement Checklist/Terms Sheet." That motion is denied without prejudice. The Court notes that it is in receipt of the "Settlement Checklist/Terms Sheet" that the Parties executed at the November 2, 2017 settlement conference. A status in this matter is set for October 25, 2018 at 9:30 a.m. before Judge Cox in Courtroom 1025. Mailed notice (np, ) |
| Filing 49 NOTICE of Motion by Mark H. Barinholtz for presentment of motion for default judgment #48 before Honorable Sidney I. Schenkier on 5/31/2018 at 09:30 AM. (Barinholtz, Mark) |
| Filing 48 MOTION by Plaintiff Paul Natkin for default judgment as to Michael Zenner, etc., et al. (order of default) (Barinholtz, Mark) |
| Filing 44 MINUTE entry before the Honorable Thomas M. Durkin: Pursuant to notice of voluntary dismissal, defendants Doe 1 through III are hereby dismissed without prejudice. Doe I through Doe III terminated.Mailed notice (srn, ) |
| Filing 43 NOTICE of Voluntary Dismissal by Paul Natkin as to Doe Defendants I through III, pursuant to Rule 41(a)(1)(A)(i) (Barinholtz, Mark) |
Filing 45
ORDER REASSIGNING Case to the Honorable Susan E. Cox, pursuant to Local Rule 73.1(C) for all further proceedings, parties having consented to the reassignment. Honorable Judge Thomas M. Durkin no longer assigned to the case. Signed by Honorable Thomas M. Durkin on 11/3/2017. (jjr, )
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| Filing 47 MINUTE entry before the Honorable Susan E. Cox: Settlement conference held on 11/2/17. Case settled. This case is hereby dismissed without prejudice, to automatically convert to a dismissal with prejudice on 11/2/2020. Civil case terminated. Mailed notice (np, ) |
| Filing 46 MINUTE entry before the Honorable Susan E. Cox: By agreement of the parties, Defendant is ordered to deliver to Plaintiff eight 35 mm film slides, including slide mounts, at issue in this litigation. For a period of three (3) years, until 11/2/2020, Defendant is ordered to discontinue any display, reproduction, or distribution by any means, of any images created by Paul Natkin. Mailed notice (np, ) |
| Filing 42 JOINT CONSENT to Exercise of Jurisdiction by a United States Magistrate Judge (np, ) |
| Filing 41 MINUTE entry before the Honorable Susan E. Cox: Settlement discussion held on 10/23/2017 with Defense counsel. Mailed notice (np, ) |
| Filing 40 MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Plaintiff's counsel appeared by phone. If settlement assistance counsel is unable to get documents from Defendant to draft a settlement offer letter, counsel will inform the Court. Mailed notice (np, ) |
| Filing 39 MINUTE entry before the Honorable Susan E. Cox: This matter is re-referred to Judge Cox for settlement conference. Status hearing is set for 10/23/2017 at 9:30 a.m. in advance of the settlement conference. Settlement conference is set for 11/2/2017 at 2:00 p.m. Parties are to review and to comply with this Court's Standing Order setting settlement conference which is available through the Court's webpage at www.ilnd.uscourts.gov. Plaintiff has already provided the Court with a settlement demand. Defense counsel is to submit a written offer to Plaintiff's counsel and the Court's proposed order box with a brief explanation of why such a settlement is appropriate by 10/26/2017. The date is firm and can only be changed by the granting of a motion. Parties have agreed to allow the Court to conduct ex parte discussions if necessary in preparation of the conference. Mailed notice (np, ) |
| Filing 38 LIMITED Assignment of Settlement Assistance Program Counsel appointing Christopher William Niro for Michael Zenner. Signed by the Honorable Susan E. Cox on 10/17/2017. Mailed notice (mc, ) |
| Filing 37 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: settlement conference.(srn, )Mailed notice. |
| Filing 36 MINUTE entry before the Honorable Thomas M. Durkin:Defendant's motion for attorney representation #32 is denied for the reasons stated. Plaintiff's motion for summary judgment #33 is held in abeyance. Motion hearing held on 10/11/2017. This action is referred to Magistrate Judge Cox for a settlement conference. Mailed notice (srn, ) |
| Filing 35 NOTICE by Paul Natkin by his counsel to Pro Se Litigant of Summary Judgment procedures pursuant to Local Rule 56.2 (Barinholtz, Mark) |
| Filing 34 NOTICE of Motion by Mark H. Barinholtz for presentment of motion for summary judgment #33 before Honorable Thomas M. Durkin on 10/11/2017 at 09:00 AM. (Barinholtz, Mark) |
| Filing 33 MOTION by Plaintiff Paul Natkin for summary judgment as to Defendant's liability for violations of the DMCA, and for leave to file supporting documentation (Barinholtz, Mark) |
| Filing 30 MINUTE entry before the Honorable Thomas M. Durkin: Status hearing set for 10/11/2017 at 09:00 AM.Mailed notice (srn, ) |
| Filing 32 MOTION by Defendant Michael Zenner for Appointment of Pro Bono Attorney, MOTION by Defendant Michael Zenner for Extension of Disclosure. (jjr, ) |
| Filing 31 MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Mr. Zenner participated by phone. Parties are not seeking to extend the discovery deadline. Defendant advised that any motion for appointment of counsel must be filed before the District Judge. All matters relating to the referral of this case are resolved; case returned to the assigned judge. Referral terminated. Mailed notice (np, ) |
| Filing 29 MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Defendant, Mr. Zenner participated by phone. Plaintiff advised that motions to extend discovery must be written, and filed with the Court. Defendant's oral motion to strike the settlement conference is granted for the reasons discussed in open court. Settlement conference set for 9/13/2017 is stricken. Status conference set for 9/28/17 at 9:30 a.m. Mailed notice (np, ) |
| DEFENDANT'S ORAL MOTION to strike the settlement conference. (np, ) |
| Filing 28 MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 9/8/2017 at 09:00 AM. Mailed notice (np, ) |
| Filing 27 MINUTE entry before the Honorable Susan E. Cox: Defendant has failed to comply with this Court's order of 6/19/2017 #26 requiring that Defendant submit its settlement conference submission by 8/30/2017. Defendant must submit its offer or a motion to reset the settlement conference on or before 5:00 p.m. on 9/5/2017. If Defendant fails to do so, the settlement conference will be stricken for failure to comply with this Court's order. Mailed notice (lp, ) |
| Filing 26 MINUTE entry before the Honorable Susan E. Cox: Settlement Conference set for 9/13/2017 at 01:40 PM. Parties are to review and to comply with this Court's Standing Order Setting Settlement Conference which is available through the Court's webpage available at www.ilnd.uscourts.gov. Plaintiff's counsel to submit a written itemization of damages and settlement demand to defendants' counsel with a brief explanation of why such a settlement is appropriate on or before 8/16/2017. An electronic copy of this submission must also be sent to the Court's proposed order box at the same time, Proposed_Order_Cox@ilnd.uscourts.gov. Defendants' counsel to submit a written offer to plaintiff's counsel and the Court's proposed order box with a brief explanation of why such a settlement is appropriate on or before 8/30/2017. The date is firm and can only be changed by the granting of a motion. Parties have agreed to allow the Court to conduct ex parte discussions if necessary in preparation of the conference. Mailed notice (np, ) |
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Filing 25
TRANSCRIPT OF PROCEEDINGS held on 5/31/17 before the Honorable Susan E. Cox. Court Reporter Contact Information: Kathleen_Fennell@ilnd.uscourts.gov. |
| Filing 24 MINUTE entry before the Honorable Susan E. Cox: Plaintiff's counsel not yet having heard from Defendant about Defendant's settlement conference availability, Defendant is hereby ordered to provide ALL DATES in September 2017 he is available for an in-person settlement conference in Chicago to Plaintiff's counsel on or before close of business on Thursday, June 15, 2017. Plaintiff's counsel will then relay the parties' availability to the Court by close of business on Friday, June 16, 2017 so the Court may schedule this matter for a settlement conference. Mailed notice (np, ) |
| Filing 23 MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Defendant appeared pro se by phone. Defendant is ordered to produce invoice (which had previously been ordered to be produced on or before 4/13/17) as discussed on the record to Plaintiff by the close of business today, 5/31/2017. If Defendant fails to comply with this order, he will be subject to discovery sanctions. Discovery cutoff is set for 9/30/2017. Defendant is ordered to provide Plaintiff with dates in September 2017 that he can attend a settlement conference in person. Once Plaintiff has received those dates, counsel should contact the Court to schedule a date that is mutually agreeable to the parties and the Court. Mailed notice (np, ) |
| Filing 22 MINUTE entry before the Honorable Susan E. Cox: Entry #19 is amended as follows: Defendant, Mr. Zenner is allowed to participate via phone for status appearances only. All other aspects of the order remain the same. Mailed notice (np, ) |
| Filing 21 MINUTE entry before the Honorable Susan E. Cox: Due to the Court's schedule, status hearing set for 5/15/2017 is stricken and reset to 5/31/2017 at 10:00 AM. Mailed notice (np, ) |
| Filing 20 MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 5/1/2017 is stricken and reset to 5/15/2017 at 10:00 AM. Plaintiff may appear by phone. Mailed notice (np, ) |
| Filing 19 MINUTE entry before the Honorable Susan E. Cox: Status hearing held. Defendant appeared pro se by phone. Defendant is ordered to produce to Plaintiff documents that demonstrate that relevant slides were acquired from third party, any evidence related to that transaction, and the slides themselves on or before 4/13/2017. Plaintiff is ordered to produce evidence that he owns the copyright of the relevant photographs in this case, including any negatives of the photographs by 4/13/2017. Status hearing set for 5/1/2017 at 10:00 a.m. Plaintiff is allowed to participate via phone for status appearances only. Mailed notice (np, ) |
| Filing 18 MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 3/15/2017 is stricken due to Defendant being unable to appear. Status hearing reset for 3/22/2017 at 09:30 AM. at the request of the parties. Mailed notice (np, ) |
| Filing 17 MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 2/22/17 was previously stricken #16 and is now reset to 3/15/17 at 09:45 a.m., to allow the defendant to appear in person. Mailed notice (lp, ) |
| Filing 16 MINUTE entry before the Honorable Susan E. Cox:On Plaintiff's request, the status hearing set for 2/22/17 is stricken. Plaintiff's counsel is ordered to make his best efforts ensure that this order is communicated to pro se Defendant. The parties are ordered to meet and confer regarding a date to reschedule the status hearing, and to contact chambers with the agreed date as soon as possible. Mailed notice (lp, ) |
| Filing 15 MINUTE entry before the Honorable Susan E. Cox: Status hearing set for 2/8/2017 at 9:45 a.m. is stricken and reset to 2/22/2017 at 09:30 AM., so that the Defendant can appear in person. Mailed notice (np, ) |
| Filing 14 MINUTE entry before the Honorable Susan E. Cox: This matter has been referred to Judge Cox to conduct a settlement conference. A status hearing is set for 2/8/2017 at 9:45 a.m. for the purpose of scheduling a settlement conference. Counsel that appears for this pre-settlement conference discussion must be counsel who will represent their respective clients at the conference, or are able to discuss the issues of the case and to schedule the conference on behalf of their clients. The Court expects counsel to discuss issues in the case that may affect the settlement process. Mailed notice (np, ) |
| Filing 13 TRANSCRIPT OF PROCEEDINGS held on 1/5/17 before the Honorable Thomas M. Durkin. Status hearing. Court Reporter Contact Information: Laura Renke, OfficialTranscript@gmail.com, 312.435.6053. IMPORTANT: The transcript may be viewed at the court's public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter/Transcriber or PACER. For further information on the redaction process, see the Court's web site at www.ilnd.uscourts.gov under Quick Links select Policy Regarding the Availability of Transcripts of Court Proceedings. Redaction Request due 2/2/2017. Redacted Transcript Deadline set for 2/13/2017. Release of Transcript Restriction set for 4/12/2017. (Renke, Laura) |
| Filing 12 PRO SE Appearance by Defendant Michael Zenner (bg, ) |
| Filing 11 Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Susan E. Cox for the purpose of holding proceedings related to: discovery supervision and settlement conference.(srn, )Mailed notice. |
| Filing 10 MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 1/5/2017. This action is referred to Magistrate Judge Cox for discovery supervision and a settlement conference.Mailed notice (srn, ) |
| Filing 9 ANSWER to Complaint by Defendant Michael Zenner (bg, ) |
| Filing 8 MINUTE entry before the Honorable Thomas M. Durkin:Status hearing held on 12/20/2016. Defendant is to answer or otherwise plead by 12/22/2016. Status hearing set for 1/5/2017 at 09:00 AM. If defendant wishes to participate telephonically at the 1/5/2017 status hearing, he is instructed to contact this Court's courtroom deputy at 312-435-6870 a day before the status hearing and provide a phone number where he may be reached. Mailed notice (srn, ) |
| Filing 7 STATUS Report (Joint) per the Court's Order, and acknowledged by Defendant Pro Se, filed by Paul Natkin (Barinholtz, Mark) |
| Filing 6 SUMMONS Returned Executed by Paul Natkin as to Michael Zenner on 11/16/2016, answer due 12/07/2016. (bg, ) (Docket Text Modified by Clerk's Office (bg)) |
| Filing 5 MINUTE entry before the Honorable Thomas M. Durkin:At the request of plaintiff, the 12/5/2016 status date is vacated. Joint status report is now due by 12/15/2016. Status hearing reset for 12/20/2016 at 09:00 AM.Mailed notice (srn, ) |
| SUMMONS Issued as to Defendant Michael Zenner (daj, ) |
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Filing 4
ORDER: Joint status report due by 11/30/2016. Status hearing set for 12/5/2016 at 09:00 AM. Signed by the Honorable Thomas M. Durkin on 10/5/2016:Mailed notice(srn, )
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| Filing 3 ATTORNEY Appearance for Plaintiff Paul Natkin by Mark H. Barinholtz (Barinholtz, Mark) |
| Filing 2 CIVIL Cover Sheet (Barinholtz, Mark) |
| Filing 1 COMPLAINT filed by Paul Natkin; Jury Demand. Filing fee $ 400, receipt number 0752-12402010. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Barinholtz, Mark) |
| CASE ASSIGNED to the Honorable Thomas M. Durkin. Designated as Magistrate Judge the Honorable Susan E. Cox. (lcw, ) |
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