Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al
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|Date Filed||#||Document Text|
|March 24, 2017
ORDER granting in part and denying in part 65 Motion for Summary Judgment -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Plaintiff Repropol is dismissed from this case for lack of standing to proceed. In addition, Plaint iffs' motion for summary judgment is granted as to their copyright infringement claim and otherwise is denied. The parties are directed to contact U.S. Magistrate Judge James Orenstein's chambers within two weeks of the date of this Opinio n and Order to schedule a settlement conference. If settlement discussions are unsuccessful, within fourteen (14) days of the final settlement conference, Plaintiffs shall file their motion for damages, which must include at least the following: (i ) a chart, listing each instance of alleged copyright infringement; (ii) the exact amount of damages Plaintiffs seek; and (iii) case law supporting Plaintiffs' damages request. The chart shall be accompanied by: (a) a declaration or declaratio ns authenticating Plaintiffs ownership over each work and providing the legal and factual basis for the ownership claim; and (b) copies of, or the internet location of, each of Plaintiffs' works, and copies of, or the internet location of, the c orresponding infringing articles from Polska Gazeta. Within thirty (30) days of the final settlement conference, if settlement is unsuccessful, the parties must submit for the district judge's approval their Joint Pretrial Order. The Clerk of the Court is directed to terminate Plaintiff Repropol on the caption in this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/24/2017. (Irizarry, Dora)
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