OKOLITA v. AMAZON.COM INC et al
Plaintiff: ELLEN OKOLITA
Defendant: AMAZON.COM INC, WALMART.COM LLC, EBAY INC, AMAZON.COM SERVICES LLC, WALMART.COM USA LLC and WALMART INC
Case Number: 2:2022cv00284
Filed: September 7, 2022
Court: US District Court for the District of Maine
Presiding Judge: LANCE E WALKER
Referring Judge: KAREN FRINK WOLF
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101 Copyright Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 28, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 3, 2022 Filing 32 First AMENDED COMPLAINT against AMAZON.COM INC, EBAY INC, WALMART.COM LLC, filed by ELLEN OKOLITA. (Service of Process Deadline 2/1/2023) (Attachments: #1 Exhibit Copyright registration, #2 Exhibit Copyright registration, #3 Exhibit Copyright registration, #4 Exhibit Copyright registration, #5 Exhibit Copyright registration, #6 Exhibit Copyright registration, #7 Exhibit Copyright registration, #8 Exhibit Beginner's Guide-How to Sell on Amazon, #9 Exhibit How much does it cost to sell on Amazon, #10 Exhibit Fulfillment by Amazon, #11 Exhibit Sign Up-Walmart Seller Center, #12 Exhibit Walmart Marketplace Retailer agreement, #13 Exhibit Walmart referral fee percentages, #14 Exhibit Walmart product guidelines, #15 Exhibit Store selling fees-eBay, #16 Exhibit eBay User Agreement, #17 Exhibit Evidence of ongoing infringment retrieved on October 25, 2022)(FONTUGNE, ELISABETH)
November 2, 2022 Filing 31 NOTICE of Appearance by ELISABETH ANNE FONTUGNE on behalf of ELLEN OKOLITA (FONTUGNE, ELISABETH)
November 2, 2022 Filing 30 CERTIFICATION for Admission Pro Hac Vice of Ian C. Ballon filed by DIANA A. BALLUKU on behalf of EBAY INC (Total admission fee $ 100 receipt number AMEDC-2720645.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BALLUKU, DIANA)
November 2, 2022 Set Deadlines : Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney Ian C. Ballon must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 11/10/2022. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. cc: Ian Ballon (mlm)
October 27, 2022 Filing 29 CERTIFICATION for Admission Pro Hac Vice of Lori Chang filed by DIANA A. BALLUKU on behalf of EBAY INC (Total admission fee $ 100 receipt number AMEDC-2717741.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (BALLUKU, DIANA)
October 27, 2022 Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney LORI CHANG must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 11/10/2022. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. cc: Attorney Lori Chang (mmy)
October 20, 2022 Filing 28 CORPORATE DISCLOSURE STATEMENT by EBAY INC. (BALLUKU, DIANA)
October 13, 2022 Filing 27 CERTIFICATION for Admission Pro Hac Vice of Anthony F. Lo Cicero filed by STACY O. STITHAM on behalf of WALMART.COM LLC (Total admission fee $ 100 receipt number AMEDC-2711735.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (STITHAM, STACY)
October 13, 2022 Filing 26 NOTICE of Appearance by HANNAH L. WURGAFT on behalf of AMAZON.COM INC, WALMART.COM LLC (WURGAFT, HANNAH)
October 13, 2022 Set Deadlines as to AMAZON.COM INC, WALMART.COM LLC, EBAY INC: Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 10/20/2022. (tcs)
October 12, 2022 Reset Answer Deadline for WALMART.COM LLC per Order #25: Answer due by 11/4/2022. (mmy)
October 11, 2022 Opinion or Order Filing 25 ORDER granting #21 Motion for Extension of Time to Answer. By MAGISTRATE JUDGE KAREN FRINK WOLF. (mmy)
October 11, 2022 Filing 24 NOTICE of Interested Parties by WALMART.COM LLC (STITHAM, STACY)
October 11, 2022 Filing 23 NOTICE of Appearance by STACY O. STITHAM on behalf of WALMART.COM LLC (STITHAM, STACY)
October 11, 2022 Filing 22 NOTICE of Appearance by PETER J. BRANN on behalf of WALMART.COM LLC (BRANN, PETER)
October 7, 2022 Filing 21 Unopposed MOTION to Extend Time to File Answer re #1 Complaint,,,, by WALMART.COM LLC Responses due by 10/28/2022. (BRANN, PETER)
October 7, 2022 Opinion or Order Filing 20 ORDER granting #19 Motion for Extension of Time to Answer By MAGISTRATE JUDGE KAREN FRINK WOLF. (mlm)
October 7, 2022 Filing 19 Unopposed MOTION to Extend Time to File Answer by EBAY INC Responses due by 10/28/2022. (BALLUKU, DIANA)
October 7, 2022 Filing 18 NOTICE of Appearance by DIANA A. BALLUKU on behalf of EBAY INC (BALLUKU, DIANA)
October 7, 2022 Set Answer Deadline for WALMART.COM LLC: Answer due by 10/13/2022. (mlm)
October 7, 2022 Set Answer Deadline for EBAY INC: Answer due by 11/14/2022. (mlm)
October 6, 2022 Filing 17 SUMMONS Returned Executed by ELLEN OKOLITA. (HADDOW, JAMES)
October 6, 2022 Filing 16 SUMMONS Returned Executed by ELLEN OKOLITA. (HADDOW, JAMES)
October 6, 2022 Filing 15 SUMMONS Returned Executed by ELLEN OKOLITA. (HADDOW, JAMES)
October 5, 2022 Filing 14 NOTICE of Docket Entry Modification regarding #13 Affidavit of Service, #11 Affidavit of Service, #12 Affidavit of Service: These docket entries have been modified to indicate the are filed in error. Counsel has been instructed to refile at the Clerk's Office request. (mmy)
October 5, 2022 Filing 13 **FILED IN ERROR** AFFIDAVIT of Service by ELLEN OKOLITA. All Defendants. (HADDOW, JAMES) Modified on 10/5/2022 to indicate filed in error (mmy).
October 5, 2022 Filing 12 **FILED IN ERROR** AFFIDAVIT of Service by ELLEN OKOLITA. All Defendants. (HADDOW, JAMES) Modified on 10/5/2022 to indicate as filed in error (mmy).
October 5, 2022 Filing 11 **FILED IN ERROR** AFFIDAVIT of Service by ELLEN OKOLITA. All Defendants. (HADDOW, JAMES) Modified on 10/5/2022 to indicate filed in error (mmy).
September 28, 2022 Opinion or Order Filing 10 ORDER granting in part #9 Motion for Extension of Time to Answer. Defendant's motion is granted through November 4, 2022. By MAGISTRATE JUDGE KAREN FRINK WOLF. (mmy)
September 28, 2022 Reset Answer Deadline for AMAZON.COM INC per Order #10: Answer due by 11/4/2022. (mmy)
September 27, 2022 Filing 9 Unopposed MOTION to Extend Time to File Answer re #1 Complaint,,,, by AMAZON.COM INC Responses due by 10/18/2022. (STITHAM, STACY)
September 27, 2022 Filing 8 CERTIFICATION for Admission Pro Hac Vice of Klaus H. Hamm filed by STACY O. STITHAM on behalf of AMAZON.COM INC (Total admission fee $ 100 receipt number AMEDC-2705661.) The District of Maine is a CM/ECF NextGen Court. If PHV counsel has not previously been granted electronic filing rights with the District of Maine, PHV counsel will now need to submit a PRO HAC VICE request in this District via PACER at www.pacer.uscourts.gov (STITHAM, STACY)
September 27, 2022 Filing 7 NOTICE of Interested Parties by AMAZON.COM INC (STITHAM, STACY)
September 27, 2022 Filing 6 NOTICE of Appearance by STACY O. STITHAM on behalf of AMAZON.COM INC (STITHAM, STACY)
September 27, 2022 Filing 5 NOTICE of Appearance by PETER J. BRANN on behalf of AMAZON.COM INC (BRANN, PETER)
September 27, 2022 Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney KLAUS H. HAMM must register for a PACER account and/or request the appropriate e-filing rights in the District of Maine via PACER at www.pacer.uscourts.gov by 10/11/2022. NOTE: Counsel appearing Pro Hac Vice MUST click on the PRO HAC VICE link when requesting e-filing rights via PACER. For more details on NextGen/PACER go to our website at www.med.uscourts.gov. (mmy)
September 8, 2022 Filing 4 AO FORM 121: REPORT on the Filing or Determination of an Action or Appeal Regarding a Copyright; copy e-mailed to U.S Copyright Office. (Attachments: #1 additional copyrighted words) (bfa)
September 8, 2022 Filing 3 Summons Issued as to AMAZON.COM INC, EBAY INC, WALMART.COM LLC. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: #1 Amazon.com, Inc. summons, #2 eBay Inc. summons)(bfa)
September 8, 2022 Filing Fee Paid via Credit Card ( Filing fee $ 402 receipt number AMEDC-2697791.), filed by ELLEN OKOLITA.(HADDOW, JAMES)
September 7, 2022 Filing 2 CIVIL COVER SHEET. (bfa)
September 7, 2022 Filing 1 COMPLAINT against AMAZON.COM INC, EBAY INC, WALMART.COM LLC with Jury Demand PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by ELLEN OKOLITA. (Service of Process Deadline 12/6/2022) Fee due by 9/9/2022. (Attachments: #1 Exhibit A - Copyright Registration 2017 Bird Costume Photos, #2 Exhibit B - Copyright Registration 2016 Bird Costume Photos, #3 Exhibit C - Copyright Registration 2015 Bird Costume Photos, #4 Exhibit D - Copyright Registration 2016 Okolita Bird Costume Photos, #5 Exhibit E - Copyright Registration 2018 Okolita Bird Costume Photos, #6 Exhibit F - Copyright Registration 2017 Okolita Bird Costume Photos, #7 Exhibit G - Copyright Registration Winchester Bird Costume Photos 2015, #8 Exhibit H - Certificate of Registration, #9 Exhibit I - list of URLs)(bfa)

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Plaintiff: ELLEN OKOLITA
Represented By: JAMES B. HADDOW
Represented By: ELISABETH ANNE FONTUGNE
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Defendant: AMAZON.COM INC
Represented By: HANNAH L. WURGAFT
Represented By: KLAUS H. HAMM
Represented By: PETER J. BRANN
Represented By: STACY O. STITHAM
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Defendant: WALMART.COM LLC
Represented By: ANTHONY F. LO CICERO
Represented By: HANNAH L. WURGAFT
Represented By: PETER J. BRANN
Represented By: STACY O. STITHAM
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Defendant: EBAY INC
Represented By: LORI CHANG
Represented By: DIANA A. BALLUKU
Represented By: IAN C. BALLON
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Defendant: AMAZON.COM SERVICES LLC
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Defendant: WALMART.COM USA LLC
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Defendant: WALMART INC
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