Bowers v. Marriott International Hotels, Inc.
| Eric Bowers |
| Marriott International Hotels, Inc., Marriott International, Inc. and Tripadvisor LLC |
| 1:2021cv10977 |
| June 10, 2021 |
| US District Court for the District of Massachusetts |
| Angel Kelley |
| Richard G Stearns |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
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| Document Text |
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| Filing 37 STIPULATION of Dismissal by Eric Bowers. (Parker, Robert) |
| Filing 36 District Judge Angel Kelley ELECTRONIC ORDER entered. Defendants #14 Fed. R. Civ. P. 12(b)(7) Motion to Dismiss for Failure to Join a Required Party is DENIED. Defendant has not demonstrated that the absent party, ETMA, Inc., d/b/a PlacePass, is required. See Fed. R. Civ. P. 19(a)(1); see also Charest v. Fed. Natl Mortg. Assn, 9 F. Supp. 3d 114, 129 (D. Mass. 2014) (explaining the three-step test for Fed. R. Civ. P. 19 and 12(b)(7) motions). The Court can provide complete relief among existing parties in PlacePasss absence. Fed. R. Civ. P. 19(a)(1)(A); see Charest, 9 F. Supp. 3d at 130 (citations omitted) (focusing on the ability to accord complete relief among those already parties in the suit). Although Marriott maintains that PlacePass is, in fact, the direct infringer, an absent party is not required simply because a defendant disagrees with the plaintiffs allegations or a plaintiffs claims against the defendant might fail. See Roy v. FedEx Ground Package Sys., Inc., No. 17-cv-30116, 2020 WL 3799203, at *4 (D. Mass. July 7, 2020) (citation omitted) (noting that the plaintiff is the master of the complaint and has the option of naming only those parties the plaintiff chooses to sue). Moreover, [c]opyright law provides for joint and several liability. Soft-Aid, Inc. v. Sam-on-Demand, No. 14-cv-10419, 2016 WL 10919656, at *10 (D. Mass. Aug. 11, 2016); see Society of Holy Transfiguration Monastery, Inc. v. Gregory, 689 F.3d 29, 58 (1st Cir. 2012) (citation omitted) (noting that copyright infringement is in the nature of a tort, for which all who participate in the infringement are jointly and severally liable). While a defendant is not liable under a contributory or vicarious theory of liability unless plaintiffs show direct infringement by a third party, Resnick v. Copyright Clearance Ctr., Inc., 422 F. Supp. 2d 252, 258 (D. Mass. 2006), joint tort-feasors subject to joint and several liability need not be joined [under Rule 19] since each is liable for the entire amount of recovery, Flynn v. Hubbard, 782 F.2d 1084, 1089 (1st Cir. 1986). In fact, direct infringers are often not included as defendants in vicarious or contributory infringement cases. See, e.g., Polygram Intl Publg, Inc. v. Nevada/TIG, Inc., 855 F. Supp. 1314, 1320 (D. Mass. 1994) (If a copyright infringement is proved, the copyright holder may ask a court to impose liability for the infringement on third parties rather than on the direct infringer.). Because Defendant has failed to show that the absent party is required, Fed. R. Civ. P. 19 does not require joinder, and Defendants #14 Motion to Dismiss for Failure to Join a Required Party is therefore DENIED. (Paine, Matthew) |
| Filing 35 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #34 Motion for Extension of Time to Answer. The parties are to proceed with finalizing the terms of the settlement agreement, as described in their #34 Motion for Extension of Time, with deliberate haste, as further extensions are unlikely. (Lara, Miguel) |
| Filing 34 Assented to MOTION for Extension of Time to April 18, 2022 to File Answer by Tripadvisor LLC.(Parker, Kathleen) |
| Filing 33 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #32 Motion to Withdraw as Attorney. Attorney Mark I. Bailen terminated. (Pacho, Arnold) |
| Filing 32 MOTION to Withdraw as Attorney (Attorney Mark I. Bailen) by Marriott International, Inc..(Rollinson, James) |
| Filing 31 NOTICE of Appearance by James H. Rollinson on behalf of Marriott International, Inc. (Rollinson, James) |
| Filing 30 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #29 Assented-to Motion for Extension of Time to Respond to Plaintiff's First Amended Complaint filed by Tripadvisor, LLC. The Court informs the parties that further extensions are unlikely. (Lara, Miguel) |
| Filing 29 Assented to MOTION for Extension of Time to March 18, 2022 to Respond to Plaintiff's Amended Complaint by Tripadvisor LLC.(Parker, Kathleen) |
| Filing 28 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #27 Assented to MOTION for Extension of Time to February 16, 2022 to Respond to Plaintiff's #6 Amended Complaint. Tripadvisor's answer due 2/16/2022. (Pacho, Arnold) |
| Filing 27 Assented to MOTION for Extension of Time to February 16, 2022 to Respond to Plaintiff's Amended Complaint by Tripadvisor LLC.(Parker, Kathleen) Modified on 1/18/2022 (Jones, Sherry). |
| Filing 26 REPLY to Response to #14 MOTION to Dismiss for Failure to Join a Required Party filed by Marriott International, Inc.. (Bailen, Mark) |
| Filing 25 District Judge Angel Kelley: ELECTRONIC ORDER entered granting re #24 Assented to MOTION for Extension of Time to January 14, 2022 to File Response/Reply as to #14 MOTION to Dismiss for Failure to Join a Required Party. Replies due by 1/14/2022. (Lara, Miguel) |
| Filing 24 Assented to MOTION for Extension of Time to January 14, 2022 to File Response/Reply as to #14 MOTION to Dismiss for Failure to Join a Required Party by Marriott International, Inc..(Bailen, Mark) |
| Filing 23 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #22 Assented-to Motion for Extension of Time to Answer. Tripadvisor LLC answer due 1/17/2022. (Lara, Miguel) |
| Filing 22 Assented to MOTION for Extension of Time to January 17, 2022 to Answer or Otherwise Respond to the Amended Complaint by Tripadvisor LLC.(Parker, Kathleen) (Main Document 22 replaced on 12/20/2021) (Lara, Miguel). |
| Filing 21 Opposition re #14 MOTION to Dismiss for Failure to Join a Required Party filed by Eric Bowers. (Parker, Robert) |
| Filing 20 District Judge Angel Kelley: ELECTRONIC ORDER entered granting #17 Assented to MOTION for Extension of Time to December 17, 2021 to Respond to #6 Plaintiff's First Amended Complaint. Tripadvisor's response due 12/17/2021. (Pacho, Arnold) |
| Filing 19 NOTICE of Appearance by David J. Byer on behalf of Tripadvisor LLC (Byer, David) |
| Filing 18 CORPORATE DISCLOSURE STATEMENT by Tripadvisor LLC. (Parker, Kathleen) |
| Filing 17 Assented to MOTION for Extension of Time to December 17, 2021 to Respond to Plaintiff's First Amended Complaint by Tripadvisor LLC.(Parker, Kathleen) Modified CM/ECF event type on 11/23/2021 (Pacho, Arnold). |
| Filing 16 NOTICE of Appearance by Kathleen Parker on behalf of Tripadvisor LLC (Parker, Kathleen) |
| Filing 15 MEMORANDUM in Support re #14 MOTION to Dismiss for Failure to Join a Required Party filed by Marriott International, Inc.. (Attachments: #1 Declaration of Mark I. Bailen, #2 Exhibit A-Help Page, #3 Exhibit B-Terms of Service, #4 Text of Proposed Order)(Bailen, Mark) |
| Filing 14 MOTION to Dismiss for Failure to Join a Required Party by Marriott International, Inc..(Bailen, Mark) |
| Filing 13 ELECTRONIC NOTICE of Reassignment. District Judge Angel Kelley added. Judge Richard G. Stearns no longer assigned to case. (Danieli, Chris) |
| Filing 12 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #10 Motion for Extension of Time until November 15, 2021 to respond to the Complaint. (Zierk, Marsha) |
| Filing 11 CORPORATE DISCLOSURE STATEMENT by Marriott International, Inc.. (Bailen, Mark) |
| Filing 10 Assented to MOTION for Extension of Time to November 15, 2021 to Respond to the Complaint by Marriott International, Inc..(Bailen, Mark) |
| Filing 9 NOTICE of Appearance by Mark I. Bailen on behalf of Marriott International, Inc. (Bailen, Mark) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Eric Bowers. Tripadvisor LLC waiver sent on 9/23/2021, answer due 11/22/2021. (Parker, Robert) |
| Filing 7 Summons Issued as to Marriott International, Inc., Tripadvisor LLC. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 6 AMENDED COMPLAINT against Marriott International, Inc., Tripadvisor LLC, filed by Eric Bowers. (Attachments: #1 Exhibit A-original image, #2 Exhibit B-registration certificate, #3 Exhibit C-screenshots)(Parker, Robert) |
| Filing 5 SUMMONS Returned Executed Marriott International Hotels, Inc. served on 6/17/2021, answer due 7/8/2021. (Parker, Robert) |
| Filing 4 Summons Issued as to Marriott International Hotels, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) |
| Filing 2 REPORT on the filing/termination of copyright case . (Parker, Robert) |
| Filing 1 COMPLAINT and jury demand against Marriott International Hotels, Inc. Filing fee: $ 402, receipt number 0101-8815131 (Fee Status: Filing Fee paid), filed by Eric Bowers. (Attachments: #1 Exhibit A-original image, #2 Exhibit B-registration certificate, #3 Exhibit C-screenshots, #4 Civil Cover Sheet)(Parker, Robert) |
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