Phillips v. TraxNYC Corp.
| Maury Lee Phillips |
| TraxNYC Corp. |
| 1:2021cv00528 |
| February 1, 2021 |
| US District Court for the Eastern District of New York |
| Sanket J Bulsara |
| LaShann DeArcy Hall |
| Marcia M Henry |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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ORDER REFERRING MOTION: Plaintiff's motion #23 for default judgment is respectfully referred to Magistrate Judge Marcia M. Henry for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 7/22/2022. (Williams, Erica)
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| Filing 24 DECLARATION re #23 MOTION for Default Judgment by Maury Lee Phillips (Deal, David) |
| Filing 23 MOTION for Default Judgment by Maury Lee Phillips. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration, #4 Affidavit in Opposition, #5 Proposed Judgment) (Deal, David) |
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ORDER: Plaintiff shall move for default judgment by 08/18/2022. So Ordered by Magistrate Judge Marcia M. Henry on 07/11/2022. (Heery-Hyatt, Micaela)
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| Filing 22 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant TraxNYC Corp. has failed to appear or otherwise defend this action, the default of defendant TraxNYC Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 21 Request for Certificate of Default by Maury Lee Phillips (Attachments: #1 Affirmation in Support of request for Certificate of Default, #2 Proposed Certificate of Default) (Deal, David) |
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ORDER: In light of Defendant TraxNYC Corp's failure to appear or answer, Plaintiff shall seek a Certificate of Default by 07/27/2022. So Ordered by Magistrate Judge Marcia M. Henry on 07/06/2022. (Heery-Hyatt, Micaela)
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| Filing 20 SUMMONS Returned Executed by Maury Lee Phillips. TraxNYC Corp. served on 5/6/2022, answer due 5/27/2022. (Deal, David) |
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ORDER: Plaintiff's motion #19 to withdraw its motion for default judgment is GRANTED. Accordingly, Plaintiff's motion #12 for default judgment is DISMISSED as withdrawn. Ordered by Judge LaShann DeArcy Hall on 3/10/2022. (Williams, Erica)
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| Filing 19 MOTION to Withdraw Plaintiff's Motion for Default Judgment by Maury Lee Phillips. (Deal, David) |
| Filing 18 NOTICE by Maury Lee Phillips re #12 MOTION for Default Judgment (Deal, David) |
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ORDER: At the status conference on 02/25/2022, the Court ordered Plaintiff to confirm by 03/01/2022 his intent to withdraw the motion for default judgment at #12 . (02/25/2022 Minute Entry & Order.) To date, Plaintiff has not filed the requested letter or any other document. Plaintiff shall file the requested letter by 03/07/2022. So Ordered by Magistrate Judge Marcia M. Henry on 03/04/2022. (Castro, Ricardo)
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MINUTE ENTRY AND ORDER: A telephonic status conference was held on 02/25/2022 before Magistrate Judge Marcia M. Henry. David Deal, counsel for Plaintiff. Defendant TraxNYC Corp. did not appear. As stated on the record, the Court noted deficiencies in Plaintiff's service of the summons and Complaint. Plaintiff indicated his intent to withdraw the Motion for Default Judgment at #12 , without prejudice to renewal, to correct the deficiencies in service. Plaintiff shall confirm his intention via letter on or before 03/01/2022. So Ordered by Magistrate Judge Marcia M. Henry on 02/25/2022. (AT&T Log # 10:00AM-10:19AM) (Castro, Ricardo)
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| Filing 17 NOTICE of Appearance by David Deal on behalf of Maury Lee Phillips (notification declined or already on case) (Deal, David) |
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ORDER: Attorney David Deal, admitted pro hac vice, shall file a notice of appearance using the "Notice of Appearance" function on ECF by 5:00PM today, 02/24/2022. So Ordered by Magistrate Judge Marcia M. Henry on 02/24/2022. (Castro, Ricardo)
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SCHEDULING ORDER: A telephone status conference is scheduled for 02/25/2022 at 10:00AM before Magistrate Judge Marcia M. Henry. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. The parties shall dial in five (5) minutes before the conference. Among other topics, the Court will address effective service of process in this matter. See J & J Sports Prods., Inc. v. RK Soto Enterprises Inc., No. 17-CIV-2636 (WFK)(VMS), 2020 WL 7684894, at *7 (E.D.N.Y. Feb. 7, 2020), report and recommendation adopted sub nom. J&J Sports Prods. Inc. v. RK Soto Enterprises, No. 17-CV-2636 (WFK)(VMS), 2020 WL 7041089 (E.D.N.Y. Dec. 1, 2020). Counsel for Plaintiff shall provide a copy of this Order to Defendant via U.S. mail, email, text, and telephone. So Ordered by Magistrate Judge Marcia M. Henry on 02/23/2022. (Castro, Ricardo)
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| Filing 16 Letter in Response to the December 9, 2021 Hearing on Plaintiff's Motion for Default Judgment by Maury Lee Phillips (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Deal, David) |
| Filing 15 TRANSCRIPT of Proceedings held on December 9, 2021, before Judge Henry. Court Transcriber: Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 1/31/2022. Redacted Transcript Deadline set for 2/10/2022. Release of Transcript Restriction set for 4/10/2022. (Rocco, Christine) |
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MINUTE ENTRY AND ORDER: A telephonic motion hearing was held on 12/09/2021 before Magistrate Judge Marcia M. Henry. David Deal, counsel for Plaintiff, and Plaintiff Maury Phillips were present. Defendant TraxNYC Corp. did not appear. Argument was heard on #12 Motion for Default Judgment. As stated on the record, by 01/10/2022, Plaintiff shall file a supplemental letter (not to exceed 10 pages) to include the following: (1) facts regarding communications with Defendant regarding the alleged copyright infringement before and after filing suit; (2) legal authority from the Second Circuit and analysis supporting Plaintiff's jurisdiction and venue arguments; (3) as to Count One of the Complaint, legal authority from the Second Circuit and analysis of the "copying" element copyright infringement; (4) legal authority and analysis from the Second Circuit and additional evidence for the fair market value of Plaintiff's photograph to support an actual damages claim; (5) legal authority from the Second Circuit and analysis regarding the applicable statute of limitations for actual damages; (6) legal authority from the Second Circuit and analysis supporting the requested permanent injunction; and (7) legal authority from the Second Circuit and analysis of the six-factor test for statutory damages. So Ordered by Magistrate Judge Marcia M. Henry on 12/09/2021. (AT&T Log # 12:00PM-12:55PM) (Castro, Ricardo)
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| Filing 14 AFFIDAVIT of Service for Order, and Notice to Defendant served on Angela Castillo on 10/25/2021, filed by Maury Lee Phillips. (Deal, David) |
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Filing 13
Order re #12 : Plaintiff Maury Lee Phillips has moved for default judgment against Defendant TraxNYC Corp. The Honorable Frederic Block has referred the motion to me. A Telephone Conference is scheduled for December 9, 2021 at 12:00 PM. The parties are directed to call the toll-free number 888-808-6929. The access code is 9281384. Although Defendant has not previously appeared, Defendant may participate in the conference. Plaintiff and Defendant should be prepared to discuss Plaintiff's pending motion for default judgment #12 . The attached Notice to Defendant explains how Defendant may still respond to the allegations in this case. As per the attached Notice to Defendant, Plaintiff shall serve a copy of this Order, the attached Notice, and the full docket sheet to TraxNYC Corp., 64 West 47th Street, New York, NY 10036, and file proof of service on ECF by October 29, 2021. So Ordered by Magistrate Judge Marcia M. Henry on 10/15/2021 (Heery-Hyatt, Micaela)
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ORDER REFERRING MOTION: Plaintiff's motion #12 for default judgment is respectfully referred to Magistrate Judge Marcia M. Henry for a report and recommendation. Ordered by Judge LaShann DeArcy Hall on 7/22/2021. (Williams, Erica)
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| Filing 12 MOTION for Default Judgment by Maury Lee Phillips. (Attachments: #1 Memorandum in Support, #2 Declaration, #3 Declaration, #4 Proposed Judgment, #5 Certificate of Service) (Deal, David) |
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ORDER re #11 : The Clerk of Court has issued a certificate of default against the Defendant. Plaintiff shall file any motion for default judgment on or before 08/09/2021. So Ordered by Magistrate Judge Marcia M. Henry on 07/08/2021. (Heery-Hyatt, Micaela)
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| Filing 11 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant TraxNYC Corp. has failed to appear or otherwise defend this action, the default of defendant TraxNYC Corp. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 10 Request for Certificate of Default by Maury Lee Phillips (Attachments: #1 Affirmation in Support of Request for Certificate od Default, #2 Certificate of Default) (Deal, David) |
| Case Reassigned to Magistrate Judge Marcia M. Henry. Magistrate Judge Sanket J. Bulsara no longer assigned to the case. 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. (Mahoney, Brenna) |
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ORDER: Plaintiff may seek any Certificate of Default by 7/6/2021. So Ordered by Magistrate Judge Sanket J. Bulsara on 6/4/2021. (Farrell, Gillian)
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| Filing 9 SUMMONS Returned Executed by Maury Lee Phillips. TraxNYC Corp. served on 4/6/2021, answer due 4/27/2021. (Deal, David) |
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ORDER: The Motion of David C. Deal for Leave to Appear Pro Hac Vice #8 is granted. The attorney shall register for ECF, registration is available online at the NYED's homepage. 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 that the $150 admission fee is submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/2/2021. (Farrell, Gillian)
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| Filing 8 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14334124. by Maury Lee Phillips. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Deal, David) |
| Filing 7 Summons Issued as to TraxNYC Corp. (Ramesar, Thameera) |
| Filing 6 Proposed Summons. by Maury Lee Phillips (Reese, Michael) |
| Filing 5 Proposed Summons. Re #1 Complaint, by Maury Lee Phillips (Reese, Michael) |
| Filing 4 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint, #2 copyright registration) (Rocco, Christine) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) |
| Filing 2 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. (Davis, Kimberly) |
| Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Sanket J. Bulsara. 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. (Davis, Kimberly) |
| Filing 1 COMPLAINT against TraxNYC Corp. filing fee $ 402, receipt number ANYEDC-14080780 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Maury Lee Phillips. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Civil Cover Sheet) (Reese, Michael) |
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| Plaintiff: Maury Lee Phillips | |
| Represented By: | Michael Robert Reese |
| Represented By: | David Deal |
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| Defendant: TraxNYC Corp. | |
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