Emmerich Newspapers, Incorporated v. Particle Media, Inc.
Plaintiff: Emmerich Newspapers, Incorporated
Defendant: Particle Media, Inc. d/b/a Newsbreak
Intervenor: Smartnews International, Inc.
Case Number: 3:2023cv00026
Filed: January 12, 2023
Court: US District Court for the Southern District of Mississippi
Presiding Judge: Tom S Lee
Referring Judge: Michael T Parker
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101 Copyright Infringement
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 17, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Settlement Conference held on 10/17/2023. The court addressed various settlement issues with the parties and determined that the settlement conference scheduled for 10/19/23 should be cancelled. A text order will be entered. PARTICIPANTS: Wilson Carroll for plaintiff; Stephen Carmody and Karen Howell for defendant. (KPM)
October 17, 2023 Opinion or Order TEXT ONLY ORDER: After conferring with counsel, the court finds that the settlement conference set for 10/19/23 should be and is hereby cancelled. However, the parties are ordered and directed to schedule and complete private mediation or a settlement conference with the court by the discovery deadline. No further written order will issue. Signed by Magistrate Judge Michael T. Parker on October 17, 2023 (KPM)
October 16, 2023 Opinion or Order Set Hearings: Telephone Conference set for 10/17/2023 10:00 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. (KPM)
September 6, 2023 Opinion or Order Filing 42 NOTICE of Service of Response to Request for Admissions by Particle Media, Inc. (Carmody, Stephen)
September 6, 2023 Opinion or Order Filing 41 NOTICE of Service of Response to Request for Production by Particle Media, Inc. (Carmody, Stephen)
September 6, 2023 Opinion or Order Filing 40 NOTICE of Service of Response to Interrogatories by Particle Media, Inc. (Carmody, Stephen)
August 28, 2023 Opinion or Order Filing 39 ORDER Regarding Settlement Conference. Signed by Magistrate Judge Michael T. Parker on August 28, 2023 (KPM)
August 11, 2023 Opinion or Order Filing 38 NOTICE of Service of Response to Request for Production by Emmerich Newspapers, Incorporated (Carroll, Wilson)
August 11, 2023 Opinion or Order Filing 37 NOTICE of Service of Response to Interrogatories by Emmerich Newspapers, Incorporated (Carroll, Wilson)
July 19, 2023 Opinion or Order Filing 36 ANSWER to #1 Complaint filed in 3:23-cv-391 by Particle Media, Inc..(Carmody, Stephen)
July 13, 2023 Opinion or Order Filing 35 ORDER granting #34 Motion to Consolidate Cases - IT IS, THEREFORE, ORDERED that the Plaintiff's Unopposed Second Motion to Consolidate #34 is GRANTED. Signed by Magistrate Judge Michael T. Parker on 07/13/2023 (CO)
July 11, 2023 Opinion or Order Filing 34 Second MOTION to Consolidate Cases by Emmerich Newspapers, Incorporated (Carroll, Wilson)
July 6, 2023 Opinion or Order Filing 33 NOTICE of Service of First Set of Request for Production by Particle Media, Inc. (Howell, Karen)
July 6, 2023 Opinion or Order Filing 32 NOTICE of Service of First Set of Interrogatories by Particle Media, Inc. (Howell, Karen)
July 6, 2023 Opinion or Order Filing 31 NOTICE of Service of Request for Admissions by Emmerich Newspapers, Incorporated (Carroll, Wilson)
July 6, 2023 Opinion or Order Filing 30 NOTICE of Service of Request for Production by Emmerich Newspapers, Incorporated (Carroll, Wilson)
July 6, 2023 Opinion or Order Filing 29 NOTICE of Service of Interrogatories by Emmerich Newspapers, Incorporated (Carroll, Wilson)
June 13, 2023 Opinion or Order Filing 28 CASE MANAGEMENT ORDER: The parties do not consent; Jury Trial set for a four week term beginning 10/7/2024 before District Judge Tom S. Lee; Pretrial Conference set for 9/16/2024 before District Judge Tom S. Lee; Discovery due by 5/1/2024; Motions for Amended Pleadings due by 7/13/2023; Motions for Joinder of Parties due by 7/13/2023; Designate Experts Plaintiff Deadline due by 2/1/2024; Designate Experts for Defendant Deadline due by 3/1/2024; Motions due by 5/15/2024; Settlement Conference set for 10/19/2023 before Magistrate Judge Michael T. Parker; ADR Report due by 9/11/2024. Signed by Magistrate Judge Michael T. Parker on June 13, 2023 (KPM)
June 13, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Michael T. Parker: Telephonic Case Management Conference held on 6/13/2023. A case management order will be entered. PARTICIPANTS: Wilson Carroll for plaintiff; Stephen Carmody and Karen Howell for defendant. (KPM)
June 7, 2023 Opinion or Order Reset Hearings: Telephonic Case Management Conference reset for 6/13/2023 10:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. The Court is in receipt of the parties' submissions. (KPM)
May 4, 2023 Opinion or Order Filing 27 Rule 16(a) Initial Order: Telephonic Case Management Conference set for 6/9/2023 9:30 AM before Magistrate Judge Michael T. Parker. Counsel shall dial 888.273.3658, code 1055457 to connect to the call. Confidential settlement memoranda are due on or before 6/2/23. (KPM)
May 3, 2023 Opinion or Order Filing 26 ORDER denying #17 Motion to Consolidate Cases Signed by District Judge Tom S. Lee on 5/3/2023 (CP)
May 3, 2023 Opinion or Order Filing 25 ORDER granting #22 Motion to Intervene for the Limited Purpose of Opposing the Motion to Consolidate. Signed by Magistrate Judge Michael T. Parker on May 3, 2023. (AS)
April 27, 2023 Opinion or Order Filing 24 Rebuttal re #20 Response in Opposition to Motion, #22 MOTION to Intervene filed by Emmerich Newspapers, Incorporated (Carroll, Wilson)
April 20, 2023 Opinion or Order Filing 23 MEMORANDUM in Support re #22 MOTION to Intervene filed by Smartnews International, Inc. (Carson, Dorsey)
April 20, 2023 Opinion or Order Filing 22 MOTION to Intervene by Smartnews International, Inc. (Attachments: #1 Exhibit Ex. A - SmartNews International Opposition to Motion for Consolidation)(Carson, Dorsey)
April 20, 2023 Opinion or Order Filing 21 MEMORANDUM IN SUPPORT re #20 Response in Opposition to Motion, filed by Particle Media, Inc. (Carmody, Stephen)
April 20, 2023 Opinion or Order Filing 20 RESPONSE in Opposition re #17 MOTION to Consolidate Cases filed by Particle Media, Inc. (Attachments: #1 Exhibit 1 - SmartNews Complaint, #2 Exhibit 2 - SmartNews Exhibit, #3 Exhibit 3 - SmartNews Counterclaim)(Carmody, Stephen)
April 20, 2023 Opinion or Order DOCKET ANNOTATION as to #19 : Attorney is advised to include the correct judge assignment (TSL-MTP) on future filed pleadings. (LAT) Modified on 4/20/2023 (LAT).
April 19, 2023 Opinion or Order Filing 19 ANSWER to #15 Amended Complaint, by Particle Media, Inc..(Carmody, Stephen)
April 6, 2023 Opinion or Order Filing 18 MEMORANDUM in Support re #17 MOTION to Consolidate Cases filed by Emmerich Newspapers, Incorporated (Carroll, Wilson)
April 6, 2023 Opinion or Order Filing 17 MOTION to Consolidate Cases by Emmerich Newspapers, Incorporated (Carroll, Wilson)
April 6, 2023 Opinion or Order Filing 16 Corporate Disclosure Statement by Emmerich Newspapers, Incorporated (Carroll, Wilson)
April 5, 2023 Opinion or Order Filing 15 AMENDED COMPLAINT against Particle Media, Inc., filed by Emmerich Newspapers, Incorporated. (Attachments: #1 Exhibit A - Stolen Articles Covered by Group Registrations, #2 Exhibit B1 - Registration Certificates, #3 Exhibit B2 - Registration Certificates, #4 Exhibit B3 - Registration Certificates, #5 Exhibit B4 - Registration Certificates, #6 Exhibit C - Articles Stolen Behind Paywalls, #7 Exhibit D - Articles Published with Altered CMI)(Carroll, Wilson)
April 5, 2023 Opinion or Order TEXT ONLY ORDER. In light of the filing of the amended complaint, the motion to dismiss, motion for a more definite statement and motion for an extension of time to answer the original complaint are denied as moot. Signed by District Judge Tom S. Lee on April 5, 2023. NO FURTHER WRITTEN ORDER TO BE ENTERED. (DCL)
March 30, 2023 Opinion or Order Filing 14 ORDER staying motion to dismiss pending filing of amended complaint. Signed by District Judge Tom S. Lee on March 30, 2023 (DCL)
March 17, 2023 Opinion or Order Filing 13 NOTICE of Appearance by Karen Elizabeth Howell on behalf of Particle Media, Inc. (Howell, Karen)
March 10, 2023 Opinion or Order Filing 12 Rebuttal re #8 MOTION to Dismiss Counts I and II MOTION for More Definite Statement as to Counts I and II MOTION for Extension of Time to File Answer re #1 Complaint filed by Particle Media, Inc. (Carmody, Stephen)
March 3, 2023 Opinion or Order Filing 11 MEMORANDUM IN SUPPORT re #10 Response in Opposition, #8 MOTION to Dismiss Counts I and II, MOTION for More Definite Statement as to Counts I and II, MOTION for Extension of Time to File Answer re #1 Complaint filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) Modified on 3/3/2023 (LAT).
March 3, 2023 Opinion or Order Filing 10 Response in Opposition re #8 MOTION to Dismiss Counts I and II, MOTION for More Definite Statement as to Counts I and II, MOTION for Extension of Time to File Answer re #1 Complaint by Particle Media, Inc. (Attachments: #1 Exhibit 1 - Feb. 22, 2023 Public Catalog, #2 Exhibit 2 - Jan. 13, 2023 Public Catalog)(Carmody, Stephen) filed by Emmerich Newspapers, Incorporated (Attachments: #1 Exhibit A - Registered Articles, #2 Exhibit B - Articles Stolen Behind Paywalls, #3 Exhibit C - Articles with Altered CMI)(Carroll, Wilson)
February 22, 2023 Opinion or Order Filing 9 MEMORANDUM IN SUPPORT re #8 MOTION to Dismiss Counts I and II MOTION for More Definite Statement as to Counts I and II MOTION for Extension of Time to File Answer re #1 Complaint filed by Particle Media, Inc. (Carmody, Stephen)
February 22, 2023 Opinion or Order Filing 8 MOTION to Dismiss Counts I and II, MOTION for More Definite Statement as to Counts I and II, MOTION for Extension of Time to File Answer re #1 Complaint by Particle Media, Inc. (Attachments: #1 Exhibit 1 - Feb. 22, 2023 Public Catalog, #2 Exhibit 2 - Jan. 13, 2023 Public Catalog)(Carmody, Stephen)
February 2, 2023 Opinion or Order Filing 7 SUMMONS Returned Executed by Emmerich Newspapers, Incorporated. Particle Media, Inc. served on 2/1/2023, answer due 2/22/2023. (Carroll, Wilson)
January 25, 2023 Opinion or Order Filing 6 SUMMONS Returned Executed by Emmerich Newspapers, Incorporated. Particle Media, Inc. served on 1/17/2023, answer due 2/7/2023. (Carroll, Wilson)
January 24, 2023 Opinion or Order Filing 5 Summons Reissued as to Particle Media, Inc. (CO)
January 24, 2023 Opinion or Order Filing 4 ***ERROR***DISREGARD THIS ENTRY.***SUMMONS Returned Executed by Emmerich Newspapers, Incorporated. Emmerich Newspapers, Incorporated served on 1/17/2023, answer due 2/7/2023. (Carroll, Wilson) Modified on 1/24/2023 (LAT).
January 24, 2023 Opinion or Order DOCKET ANNOTATION as to #4 : A return on summons should not be filed without the first page, as issued, preceding the return. Attorney is directed to refile with the first page, as issued, first along with the AO440 proof of service return. Also, the incorrect party was selected as being served. Attorney is directed to select the correct party being served. (LAT)
January 12, 2023 Opinion or Order Filing 3 Summons Issued as to Particle Media, Inc. (CO)
January 12, 2023 Opinion or Order Filing 2 NOTICE REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT and Complaint mailed to Register of Copyrights, U.S. Copyright Office, 101 Independence Ave. S.E., Washington, D.C. 20559-6000, AO-121, re #1 Complaint. (CO) (Main Document 2 replaced on 1/12/2023 with signed copy) (CO). Modified on 1/12/2023 (CO).
January 12, 2023 Opinion or Order Filing 1 COMPLAINT against Particle Media, Inc. ( Filing fee $ 402 receipt number 3084), filed by Emmerich Newspapers, Incorporated. (Attachments: #1 Civil Cover Sheet)(CO)

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Plaintiff: Emmerich Newspapers, Incorporated
Represented By: Wilson H. Carroll
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Defendant: Particle Media, Inc. d/b/a Newsbreak
Represented By: Stephen J. Carmody
Represented By: Karen Elizabeth Howell
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Intervenor: Smartnews International, Inc.
Represented By: Dorsey R. Carson, Jr.
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