Emmerich Newspapers, Incorporated v. Smartnews International, Inc.
| Emmerich Newspapers, Incorporated |
| Smartnews International, Inc. doing business as Smartnews, Inc. doing business as Smartnews |
| Smartnews International, Inc. |
| 3:2023cv00118 |
| February 14, 2023 |
| US District Court for the Southern District of Mississippi |
| LaKeysha Greer Isaac |
| Henry T Wingate |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Defendant |
Docket Report
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This docket was last retrieved on November 14, 2023. A more recent docket listing may be available from PACER.
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Filing 86
ORDER finding as moot #81 Motion to Extend Deadlines. Signed by Magistrate Judge LaKeysha Greer Isaac on 11/14/2023 (MJ)
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| Filing 85 NOTICE of Service of Second Set of Request for Admissions by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 84 NOTICE of Service of Second Set of Request for Production by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 83 NOTICE of Service of Second Set of Interrogatories by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 82 NOTICE of Service of Defendant's Designation of Experts by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 81 MOTION to Extend Case Management Order Deadline by Smartnews International, Inc. (Carson, Dorsey) |
| Minute Entry for proceedings held before Magistrate Judge LaKeysha Greer Isaac: Motion Hearing held on 10/6/2023 re #32 MOTION for Joinder #1 Complaint, filed by Emmerich Newspapers, Incorporated, #65 Second MOTION for Joinder #1 Complaint, filed by Emmerich Newspapers, Incorporated, #64 Amended MOTION to Amend/Correct filed by Emmerich Newspapers, Incorporated, #26 First MOTION to Amend/Correct Complaint filed by Emmerich Newspapers, Incorporated. The court heard arguments of counsel. Order forthcoming. Participants: Wilson Carroll, Dorsey Carson, Jr., Harli Malone Sesser, Kathryn Goff and Tyler Newby (via zoom). Court Reporter/Transcriber Fred Jeske, Telephone Number : 601-255-6432, E-mail : fred_jeske@mssd.uscourts.gov. (NL) |
| Filing 80 NOTICE of Appearance by Harli Malone Sesser on behalf of Smartnews International, Inc. (Sesser, Harli) |
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Filing 79
AGREED PROTECTIVE ORDER Signed by Magistrate Judge LaKeysha Greer Isaac on 9/21/2023 (MJ)
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TEXT ONLY ORDER granting #78 Motion to Withdraw as Attorney. Attorney Kelli M. Slater terminated. Defendant/Counter-Plaintiff will continue to be represented by attorneys of record of CLG; and Tyler G. Newby, Joseph S. Belichick, Diana Buck, Deena J.G. Feit, and Irene Del Rocio Aguirre, of Fenwick & West LLP. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 9/19/23 (NL)
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| Filing 78 MOTION to Withdraw as Attorney for Kelli M. Slater by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 77 NOTICE of Service of Designation of Experts by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
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TEXT ONLY ORDER granting #76 Motion to Appear Pro Hac Vice. That Attorney Irene Aguirre be admitted pro hac vice in this case on behalf of Defendant, Smartnews International, Inc., in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 9/12/23 (NL)
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| Filing 76 MOTION for Irene Aguirre to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5210276) by Smartnews International, Inc. (Attachments: #1 Exhibit A - Certificate of Good Standing)(Carson, Dorsey) |
| NOTICE of Hearing on all pending Motions #45 MOTION For Alternative Service Under FRCP Rule 4 re #32 MOTION for Joinder #1 Complaint, #52 MOTION to Strike #51 Rebuttal, #32 MOTION for Joinder #1 Complaint, #26 First MOTION to Amend/Correct Complaint, #64 Amended MOTION to Amend/Correct, #65 Second MOTION for Joinder #1 Complaint, #28 MOTION to Stay Proceedings, #60 MOTION for Leave to File Surreply, #36 MOTION to Bifurcate Discovery. Motion Hearing set for 10/6/2023 10:30 AM in Courtroom 6D (Jackson) Isaac before Magistrate Judge LaKeysha Greer Isaac (NL) |
| Filing 75 REPLY to Response to Motion re #65 Second MOTION for Joinder #1 Complaint, filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 74 REPLY to Response to Motion re #64 Amended MOTION to Amend/Correct filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 73 REPLY to Response to Motion re #60 MOTION for Leave to File Surreply filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 72 MEMORANDUM IN SUPPORT re #71 Response in Opposition to Motion, filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 71 RESPONSE in Opposition re #65 Second MOTION for Joinder #1 Complaint, filed by Smartnews International, Inc. (Attachments: #1 Exhibit A - SmartNews International, Statement of Information - CA SOS, #2 Exhibit B - SmartNews webpages)(Carson, Dorsey) |
| Filing 70 MEMORANDUM IN SUPPORT re #69 Response in Opposition to Motion, filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 69 RESPONSE in Opposition re #64 Amended MOTION to Amend/Correct filed by Smartnews International, Inc. (Attachments: #1 Exhibit A - SmartNews International, Statement of Information - CA SOS, #2 Exhibit B - SmartNews webpages)(Carson, Dorsey) |
| Filing 68 RESPONSE in Opposition re #60 MOTION for Leave to File Surreply filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 67 REPLY to Response to Motion re #52 MOTION to Strike #51 Rebuttal filed by Smartnews International, Inc. (Carson, Dorsey) |
| DOCKET ANNOTATION as to #66: Pursuant to the Administrative Procedures for Electronic Case Filing Section 2.C. and FED.R.Civ.P.11 an attorney's password issued by the court combined with the user's identification (login) serves as the attorney's signature for Rule 11 and other purposes. Attorneys should not permit other attorneys to use their login and password forany ECF filing. Document #66 will be disregarded. (cwl) |
| Filing 66 ***ERROR****DISREGARD THIS ENTRY. REPLY to Response to Motion re #52 MOTION to Strike #51 Rebuttal filed by Smartnews International, Inc. (Hatten, Eric) Modified on 8/8/2023 (cwl). |
| Filing 65 Second MOTION for Joinder #1 Complaint, by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 64 Amended MOTION to Amend/Correct by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| DOCKET ANNOTATION as to #63: Incorrect event chosen. This document should have been docketed as Memorandum in Support. Court staff has revised docket entry to reflect correct event. (cwl) |
| Filing 63 MEMORANDUM in Support, re 62 RESPONSE in Oppositionre #52 MOTION to Strike #51 Rebuttal filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) Modified on 8/1/2023 (cwl). |
| Filing 62 RESPONSE in Opposition re #52 MOTION to Strike #51 Rebuttal filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 61 MEMORANDUM in Support re #60 MOTION for Leave to File Surreply filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 60 MOTION for Leave to File Surreply by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 59 REPLY to Response to Motion re #45 MOTION For Altnernative Service Under FRCP Rule 4 re #32 MOTION for Joinder #1 Complaint, filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 58 NOTICE of Service of Response to Request for Production by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 57 NOTICE of Service of Response to Request for Admissions by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 56 NOTICE of Service of Response to Interrogatories by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 55 MEMORANDUM in Support re #54 Response in Opposition to Motion, for Alternative Service filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 54 RESPONSE in Opposition re #45 MOTION For Altnernative Service Under FRCP Rule 4 re #32 MOTION for Joinder #1 Complaint, filed by Smartnews International, Inc. (Attachments: #1 Exhibit A - Kotaro Suzuki Declaration, #2 Exhibit B - Tyler Newby Declaration)(Carson, Dorsey) |
| Filing 53 NOTICE of Service of Verified Objections and Response to Interrogatories by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 52 MOTION to Strike #51 Rebuttal by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 51 Rebuttal re #36 MOTION to Bifurcate Discovery filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 50 REPLY to Response to Motion re #36 MOTION to Bifurcate Discovery filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 49 NOTICE of Service of Defendant/Counter-Plaintiff Response to Request for Production by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 48 NOTICE of Service of Defendant/Counter-Plaintiff Response to Interrogatories by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 47 NOTICE of Service of Defendant/Counter-Plaintiffs Response to Request for Admissions by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 46 MEMORANDUM IN SUPPORT re #45 MOTION For Altnernative Service Under FRCP Rule 4 re #32 MOTION for Joinder #1 Complaint, filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 45 MOTION For Altnernative Service Under FRCP Rule 4 re #32 MOTION for Joinder #1 Complaint, by Emmerich Newspapers, Incorporated (Attachments: #1 Exhibit A - "About Smartnews", #2 Exhibit B - HIB Visa and Green Card Report, #3 Exhibit C - Smartnews Int'l Address and CEO, #4 Exhibit D - 5/11 Email, #5 Exhibit E - 5/12 Email, #6 Exhibit F - 5/30 Email, #7 Exhibit G - 6/2 Email, #8 Exhibit H - 6/12 Email, #9 Exhibit I - 6/12(2) Email, #10 Exhibit J - Hague Service Quote)(Carroll, Wilson) |
| Filing 44 MEMORANDUM IN SUPPORT re #43 Response in Opposition, re #36 MOTION to Bifurcate Discovery filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 43 Response in Opposition re #36 MOTION to Bifurcate Discovery by Smartnews International, Inc. (Attachments: # 1 Exhibit A - Doc 26-1 Amended Complaint, # 2 Exhibit B - Plaintiff First Discovery Requests, # 3 Exhibit C - Good Faith Certificate)(Carson, Dorsey) filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| DOCKET ANNOTATION as to #7 : L.U.Civ.R. 7(b)(2) requires that all supporting exhibits to a document be denominated by an exhibit letter or number AND a meaningful description. Attorney is advised to follow this rule in future filings. (cwl) |
| Filing 42 REPLY to Response to Motion re #38 Response in Opposition to Motion filed by Emmerich Newspapers, Incorporated (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Carroll, Wilson) |
| Filing 41 NOTICE of Service of First Set of Request for Admissions by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 40 NOTICE of Service of First Set of Request for Production by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 39 NOTICE of Service of First Set of Interrogatories by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 38 RESPONSE in Opposition re #32 MOTION for Joinder #1 Complaint, filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 37 MEMORANDUM in Support re #36 MOTION to Bifurcate Discovery filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 36 MOTION to Bifurcate Discovery by Smartnews International, Inc. (Attachments: #1 Exhibit A - Doc 26-1 Amended Complaint, #2 Exhibit B - Plaintiff First Discovery Requests, #3 Exhibit C - Good Faith Certificate)(Carson, Dorsey) |
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Filing 35
Stipulated ORDER Establishing ESI Protocol Signed by Magistrate Judge LaKeysha Greer Isaac on 6/16/2023 (MJ)
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| Filing 34 REPLY to Response to Motion re #28 MOTION to Stay Proceedings (Discovery) filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 33 NOTICE of Service of Defendant/Counter-Plaintiff's Initial Disclosure by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 32 MOTION for Joinder #1 Complaint, by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 31 MEMORANDUM IN OPPOSITION re #30 Response in Opposition filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 30 Response in Opposition re #28 MOTION to Stay Proceedings (Discovery) by Smartnews International, Inc. (Carson, Dorsey) filed by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 29 MEMORANDUM in Support re #28 MOTION to Stay Proceedings (Discovery) filed by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 28 MOTION to Stay Proceedings (Discovery) by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 27 NOTICE of Service of Interrogatories by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
| Filing 26 First MOTION to Amend/Correct Complaint by Emmerich Newspapers, Incorporated (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F)(Carroll, Wilson) |
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Filing 25
CASE MANAGEMENT ORDER: Jury Trial set for 5/20/2024 09:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate; Pretrial Conference set for 4/12/2024 09:00 AM in Courtroom 6A (Jackson) Wingate before District Judge Henry T. Wingate; Discovery due by 12/6/2023; Motions for Amended Pleadings due by 6/29/2023; Motions for Joinder of Parties due by 6/29/2023; Designate Experts Plaintiff Deadline due by 9/6/2023; Designate Experts for Defendant Deadline due by 10/6/2023; Motions due by 12/20/2023; Settlement Conference set for 1/30/2024 09:30 AM in Courtroom 6D (Jackson) Isaac before Magistrate Judge LaKeysha Greer Isaac; ADR Report due by 4/5/2024. Signed by Magistrate Judge LaKeysha Greer Isaac on 5/30/23 (NL)
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| Minute Entry for proceedings held before Magistrate Judge LaKeysha Greer Isaac: Telephonic Case Management Conference held on 5/30/2023. Participants: Wilson Carroll, Kelli Slater and Tyler Newby. Court conferred with counsel. Order to be entered. (NL) . (Defendant to file motion for stayed or bifurcated discovery within 21 days of filing of amended complaint.) |
| Filing 24 ANSWER to #21 Amended Answer to Complaint, Counterclaim by Emmerich Newspapers, Incorporated.(Carroll, Wilson) |
| Filing 23 ATTACHMENT re #21 Amended Answer to Complaint, Counterclaim Exhibits by Smartnews International, Inc. (Attachments: #1 Exhibit B - Printout of Obituary Page for Kimberly Dawn Moody, #2 Exhibit C - Printout of Associated Online Guest Book, #3 Exhibit D - Partial Printout of Webpage of Kim Moody's Obituary, #4 Exhibit E - Print-Optimized Format of Plaintiff's Version of Obituary, #5 Exhibit F - Plaintiff's Alleged Copyrights)(Carson, Dorsey) |
| Filing 22 Rule 16(a) Initial Order Telephonic Case Management Conference set for 5/30/2023 11:00 AM before Magistrate Judge LaKeysha Greer Isaac. No later than seven (7) days prior to the TCMC, a confidential memorandum AND a proposed Case Management Order shall be submitted via e-mail to isaac_chambers@mssd.uscourts.gov. The parties are instructed to use the following Dial-in Number for the Conference: (888) 684-8852 PASSCODE: 3566012 (PLEASE NOTE: Parties are directed to use the Case Management Order Form 1 found on the website of the US District Court for the Southern District of MS - Form Last Updated: Jan 2022). (NL) |
| Filing 21 AMENDED ANSWER to #1 Complaint, , COUNTERCLAIM and DEFENSES against Emmerich Newspapers, Incorporated by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 20 Corporate Disclosure Statement by Emmerich Newspapers, Incorporated (Carroll, Wilson) |
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TEXT ONLY ORDER granting #15 Motion to Appear Pro Hac Vice; granting #16 Motion to Appear Pro Hac Vice; granting #17 Motion to Appear Pro Hac Vice; granting #18 Motion to Appear Pro Hac Vice. That Attorneys, Joseph S. Belichick, Diana Buck, Deena J.G. Feit and Tyler G. Newby, be admitted pro hac vice in this case on behalf of Defendant, Smartness International, Inc., in association with local counsel conditioned upon completion of the registration procedures found on the Court's website and at the following link: https://www.mssd.uscourts.gov/attorney-admissions-page. NO FURTHER WRITTEN ORDER WILL ISSUE FROM THE COURT. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/31/23 (NL)
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| Filing 19 NOTICE of Appearance by Kathryn P. Goff on behalf of Smartnews International, Inc. (Goff, Kathryn) |
| Filing 18 MOTION for Tyler G. Newby to Appear Pro Hac Vice by Smartnews International, Inc. (Attachments: #1 Exhibit A - Certificate of Good Standing for Tyler Newby)(Carson, Dorsey) |
| Filing 17 MOTION for Deena J.G. Feit to Appear Pro Hac Vice by Smartnews International, Inc. (Attachments: #1 Exhibit A - Certificate of Good Standing for Deena Feit (WA), #2 Exhibit B - Certificate of Good Standing for Deena Feit (MA))(Carson, Dorsey) |
| Filing 16 MOTION for Diana Buck to Appear Pro Hac Vice by Smartnews International, Inc. (Attachments: #1 Exhibit A - Certificate of Good Standing for Diana Buck)(Carson, Dorsey) |
| Filing 15 MOTION for Joseph S. Belichick to Appear Pro Hac Vice by Smartnews International, Inc. (Attachments: #1 Exhibit A - Certificate of Good Standing for Joseph Belichick)(Carson, Dorsey) |
| Filing 14 ***ERROR***Disregard this entry.***MOTION for Tyler G. Newby to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5080559) by Smartnews International, Inc. (Carson, Dorsey) Modified on 3/29/2023 (PG). |
| Filing 13 ***ERROR***Disregard this entry.***MOTION for Deena J.G. Feit to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5080555) by Smartnews International, Inc. (Carson, Dorsey) Modified on 3/29/2023 (PG). |
| Filing 12 ***ERROR***Disregard this entry.***MOTION for Diana Buck to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5080552) by Smartnews International, Inc. (Carson, Dorsey) Modified on 3/29/2023 (PG). |
| Filing 11 ***ERROR***Disregard this entry.***MOTION for Joseph S. Belichick to Appear Pro Hac Vice (Paid $100 PHV fee; receipt number AMSSDC-5080549) by Smartnews International, Inc. (Carson, Dorsey) Modified on 3/29/2023 (PG). |
| DOCKET ANNOTATION as to Doc # [11,12,13 and 14] Attorney advises that there is an error in these entries, and it should be disregarded. (PG) |
| Filing 10 Corporate Disclosure Statement by Smartnews International, Inc. identifying Corporate Parent Smartnews, Inc. for Smartnews International, Inc.. (Carson, Dorsey) |
| Filing 9 ANSWER to #1 Complaint, with Jury Demand by Smartnews International, Inc..(Carson, Dorsey) |
| Filing 8 NOTICE of Appearance by Kelli M. Slater on behalf of Smartnews International, Inc. (Slater, Kelli) |
| Filing 7 Second MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Smartnews International, Inc. (Carson, Dorsey) |
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TEXT ONLY ORDER granting #7 Motion for Extension of Time to File Response/Reply as to #1 Complaint. Defendant SmartNews International, Inc., d/b/a SmartNews, Inc., shall file its responsive pleadings on or before Friday, March 24, 2023. NO FURTHER WRITTEN ORDER SHALL ISSUE. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/20/23 (NL)
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Filing 6
ORDER granting #5 Motion for Extension of Time to File Response/Reply re #5 as to #1 Complaint. Defendant SmartNews International, Inc., d/b/a SmartNews, Inc., shall file its responsive pleadings on or before Monday, March 20, 2023. Signed by Magistrate Judge LaKeysha Greer Isaac on 3/7/23 (NL)
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| Filing 5 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Smartnews International, Inc. (Carson, Dorsey) |
| Filing 4 SUMMONS Returned Executed by Emmerich Newspapers, Incorporated. Smartnews International, Inc. served on 2/15/2023, answer due 3/8/2023. (Carroll, Wilson) |
| Filing 3 NOTICE OF MAILING OF REORT ON THE FILING OR DETERMINATION OF AN ACTION OF APPEAL REGARDING A COPYRIGHT mailed to Register of Copyrights, U.S. Copyright Office, 101 Independence Ave. S.E., Washington, D.C. 20559-6000, AO-121 Form, re #1 Complaint, with schedule attached. (PG) |
| Filing 2 Summons Issued as to Smartnews International, Inc. (PG) |
| Filing 1 COMPLAINT against Smartnews International, Inc. ( Filing fee $ 402 receipt number 3408), filed by Emmerich Newspapers, Incorporated. (Attachments: #1 Exhibit A - Cop of Smart news ad, #2 Exhibit B - Copy of Web View, #3 Exhibit C - Copy of Web View, #4 Exhibit D - Copy of Screenshots, #5 Exhibit E - Copy of Web View and Smart View formats, #6 Exhibit F - Copy of Newspaper articles, #7 Civil Cover Sheet)(PG) |
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