Great Bowery Inc. v. Z57, Inc. et al
| GREAT BOWERY INC., d/b/a TRUNK ARCHIVE, Great Bowery Inc. and Great Bowery Inc. doing business as Trunk Archive |
| DOES 1 - 10, inclusive, Z57, INC., IGD REAL ESTATE LLC, ERIK KOBLEY and Does 1-10 |
| Kenneth A Plevan |
| 1:2019cv04537 |
| August 6, 2019 |
| US District Court for the Eastern District of New York |
| Steven M Gold |
| Eric N Vitaliano |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 32 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 Order) (Hong, Loan) |
Filing 31
ORDER: As per #30 STIPULATION of Dismissal, this case is hereby dismissed with prejudice. The Clerk of Court is directed to close this case. So Ordered by Judge Eric N. Vitaliano on 4/15/2020. (Almonte, Giselle)
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| Filing 30 STIPULATION of Dismissal with Prejudice Pursuant to F.R.C.P. 41(a)(1)(A)(ii) by Great Bowery Inc. (Ngo, Rayminh) |
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ORDER: #29 Motion for Protective Order is hereby approved and entered as an Order of the Court, with clarification that paragraph 8 is understood to require the party filing the material shall do so electronically but using the appropriate restrictions on access provided by ECF. Ordered by Magistrate Judge Steven M. Gold on 3/5/2020. (Gillespie, Saudia)
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| Filing 29 Joint MOTION for Protective Order by IGD Real Estate LLC, Erik Kobley, Z57, Inc.. (Siff, Brian) |
| SELECTION OF MEDIATOR: Kenneth A Plevan selected as Mediator. The first mediation session will take place on March 10, 2020 at 9:30 AM at Duane Morris LLPs New York office located at 1540 Broadway, New York, NY 10036. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned via e-mail nyed_adr@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. Report of Mediation due by 3/24/2020. (Priftakis, Tina) |
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ORDER denying #23 Motion for Pre-Motion Conference without prejudice. Following mediation, if a settlement is not reached, the parties may seek leave from the Court with a motion for pre-motion conference to file a motion to dismiss at that time. Ordered by Judge Eric N. Vitaliano on 1/24/2020. (Craft, Rachel)
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| MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to nyed_adr@nyed.uscourts.gov within two weeks following mediation session. (Priftakis, Tina) |
| Filing 28 Minute Entry: Initial Conference Hearing held on 12/13/2019 before Magistrate Judge Steven M. Gold. Carreon for plaintiff, by telephone; Siff for defendants. This case is referred to court-annexed mediation, which be held on or after February 1, 2020 to afford the parties time to conduct limited discovery. Absent further application to the Court, discovery is limited to interrogatories and document demands pending the outcome of the anticipated court-annexed mediation. (Gillespie, Saudia) |
| Filing 27 Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-12151424. by Great Bowery Inc.. (Attachments: #1 Affidavit Affidavit of Ryan E. Carreon in Support of Motion to Admit Counsel Pro Hac Vice) (Carreon, Ryan) |
| Filing 26 Letter Request to Appear Telephonically by Great Bowery Inc. (Ngo, Rayminh) Modified to add motion on 12/12/2019 (Gillespie, Saudia). |
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ORDER: Granting #27 Motion for Leave to Appear Pro Hac Vice. Attorney Ryan E. Carreon shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150.00 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Steven M. Gold on 12/12/2019. (Gillespie, Saudia)
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ORDER: Granting #26 Motion to Appear by Telephone. Counsel for plaintiff may appear by telephone and call Chambers at 718-613-2560. Ordered by Magistrate Judge Steven M. Gold on 12/12/2019. (Gillespie, Saudia)
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| Filing 25 RESPONSE to Motion re #23 Letter MOTION for pre motion conference and permission to file its partial Motion to Dismiss, or in the Alternative, Strike from the Complaint Plaintiff's Request for Statutory Damages or Attorney's fees filed by Great Bowery Inc.. (Ngo, Rayminh) |
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ORDER: Granting in part and Denying in part #24 Motion to Adjourn Conference. The initial conference previously scheduled for November 15, 2019 is adjourned to December 13, 2019 at 4:00 p.m. in Courtroom 13D South before the undersigned. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 11/13/2019. (Gillespie, Saudia)
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| Filing 24 Letter MOTION to Adjourn Conference by IGD Real Estate LLC, Erik Kobley, Z57, Inc.. (Siff, Brian) |
| Filing 23 Letter MOTION for pre motion conference and permission to file its partial Motion to Dismiss, or in the Alternative, Strike from the Complaint Plaintiff's Request for Statutory Damages or Attorney's fees by IGD Real Estate LLC, Erik Kobley, Z57, Inc.. (Attachments: #1 Exhibit A) (Siff, Brian) |
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ORDER terminating #22 Motion to Dismiss for Failure to State a Claim. Defendants' letter requesting a pre-motion conference was improperly filed, in contravention of the Court's individual rules, as a motion to dismiss. Defendants, if they continue to seek a pre-motion conference, are directed to re-file the letter. Ordered by Judge Eric N. Vitaliano on 11/8/2019. (Craft, Rachel)
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| Filing 22 MOTION to Dismiss for Failure to State a Claim or in the Alternative, Motion to Strike by IGD Real Estate LLC, Erik Kobley, Z57, Inc.. (Attachments: #1 Exhibit A to Letter Request) (Siff, Brian) |
| Filing 21 ANSWER to #1 Complaint, by IGD Real Estate LLC, Erik Kobley, Z57, Inc.. (Attachments: #1 Certificate of Service - Answer) (Siff, Brian) |
| Filing 20 Corporate Disclosure Statement by IGD Real Estate LLC, Z57, Inc. (Attachments: #1 Certificate of Service - Rule 7.1 Corporate Disclosure Statement) (Siff, Brian) |
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ORDER: Granting #19 Motion for Extension of Time to Answer. Defendants IGD Real Estate LLC, Erik Kobley and Z57, Inc. shall answer, move or otherwise respond to the complaint by 11/7/2019. Ordered by Magistrate Judge Steven M. Gold on 9/30/2019. (Gillespie, Saudia)
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| Filing 19 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by IGD Real Estate LLC, Erik Kobley, Z57, Inc.. (Attachments: #1 Stipulation and [Proposed] Order for an Extension of Time to Answer or Otherwise Respond to Complaint) (Siff, Brian) |
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ORDER: Granting #18 Motion for Extension of Time to Answer. Erik Kobley shall answer, move or otherwise respond to the complaint by 10/7/2019. Ordered by Magistrate Judge Steven M. Gold on 9/13/2019. (Gillespie, Saudia)
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| Filing 18 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Erik Kobley. (Attachments: #1 Stipulation and [Proposed] Order for an Extension of Time to Answer or Otherwise Respond to Complaint) (Siff, Brian) |
| Filing 17 NOTICE of Appearance by Brian Douglas Siff on behalf of Erik Kobley (aty to be noticed) (Siff, Brian) |
| Filing 16 SUMMONS Returned Executed by Great Bowery Inc.. Erik Kobley served on 8/19/2019, answer due 9/9/2019. (Ngo, Rayminh) |
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ORDER: Granting #15 Motion for Extension of Time to Answer. Defendant IGD Real Estate LLC shall answer, move or otherwise respond to the complaint by October 7, 2019. Ordered by Magistrate Judge Steven M. Gold on 9/10/2019. (Gillespie, Saudia)
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| Filing 15 Letter MOTION for Extension of Time to File Answer re #14 Scheduling Order,, #1 Complaint, by IGD Real Estate LLC. (Attachments: #1 Proposed Order) (Siff, Brian) |
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Filing 14
SCHEDULING ORDER: An in-person initial conference will be held at 11:30 a.m. on November 15, 2019 before the undersigned in Courtroom 13-D South. Counsel for all parties must attend. Counsel for plaintiff is directed to immediately confirm this conference date and time with defendants' counsel. Adjournment requests will not be considered unless made in accordance with this Court's Individual Rules. Ordered by Magistrate Judge Steven M. Gold on 9/9/2019. (Attachments: #1 Chamber's Individual Rules) (Gillespie, Saudia)
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ORDER: Granting #13 Motion for Extension of Time to Answer. Defendant Z57, Inc. shall answer, move or otherwise respond to the complaint by 10/7/2019. Ordered by Magistrate Judge Steven M. Gold on 9/6/2019. (Gillespie, Saudia)
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| Filing 13 Letter MOTION for Extension of Time to File Answer re #1 Complaint, by Z57, Inc.. (Attachments: #1 Proposed Order Stipulation and [Proposed] Order for an Extension of Time to Answer or Otherwise Respond to Complaint) (Siff, Brian) |
| Filing 12 NOTICE of Appearance by Brian Douglas Siff on behalf of Z57, Inc. (aty to be noticed) (Siff, Brian) |
| Filing 11 SUMMONS Returned Executed by Great Bowery Inc.. IGD Real Estate LLC served on 8/19/2019, answer due 9/9/2019. (Ngo, Rayminh) |
| Filing 10 SUMMONS Returned Executed by Great Bowery Inc.. Z57, Inc. served on 8/15/2019, answer due 9/5/2019. (Ngo, Rayminh) |
| Filing 9 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint) (Rocco, Christine) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| Filing 7 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) |
| Filing 6 Summons Issued as to IGD Real Estate LLC, Erik Kobley, Z57, Inc.. (Bowens, Priscilla) |
| Case assigned to Judge Eric N. Vitaliano and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) |
| Filing 5 Civil Cover Sheet.. by Great Bowery Inc. (Ngo, Rayminh) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet (MISSING SECOND PAGE FORM - please answer all questions). Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) |
| Filing 4 DISCLOSURE of Interested Parties by GREAT BOWERY INC., d/b/a TRUNK ARCHIVE. (Ngo, Rayminh) |
| Filing 3 NOTICE by GREAT BOWERY INC., d/b/a TRUNK ARCHIVE of Report on the Filing or Determination of an Action or appeal Regarding a Copyright (Ngo, Rayminh) |
| Filing 2 Proposed Summons. Re #1 Complaint, by GREAT BOWERY INC., d/b/a TRUNK ARCHIVE (Attachments: #1 Proposed Summons IGD Real Estate, #2 Proposed Summons Erik Kobley) (Ngo, Rayminh) |
| Filing 1 COMPLAINT against DOES 1 - 10, inclusive, IGD REAL ESTATE LLC, ERIK KOBLEY, Z57, INC. filing fee $ 400, receipt number BNYEDC-11736471 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by GREAT BOWERY INC., d/b/a TRUNK ARCHIVE. (Attachments: #1 Exhibit Exhibit A, #2 Civil Cover Sheet) (Ngo, Rayminh) |
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