Wright v. Miah et al
| Jon Q. Wright |
| R B Miah and Does 1-10 |
| Etsy |
| 1:2022cv04132 |
| July 14, 2022 |
| US District Court for the Eastern District of New York |
| Carol Bagley Amon |
| James R Cho |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2023. A more recent docket listing may be available from PACER.
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ORDER re #23 : On consent, Plaintiff's request to hear oral argument telephonically or by video conference on the motion for contempt against Etsy is granted. The conference will be held by Zoom on September 13, 2022 at 2 p.m. The parties are directed to use this link (https://nyed.zoomgov.com/j/16098943603?pwd=YUVvNEZBcnBCYkJlVlJkUXg3Q0FYUT09) or enter the Meeting ID (160 9894 3603), and then enter the following passcode: 663970. The parties shall dial in five (5) minutes before the conference. These proceedings will be recorded by a court reporter. The attorneys are reminded that they are not to independently record any court proceedings, pursuant to Local Civil Rule 1.8. Ordered by Judge Carol Bagley Amon on 9/8/2022. (Turner, Margaret)
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| Filing 24 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant R B Miah has failed to appear or otherwise defend this action, the default of defendant R B Miah is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.) |
| Filing 23 Letter MOTION to Appear by Telephone on September 13, 2022 by Jon Q. Wright. (Lapin, Dmitry) |
| Filing 22 REPLY in Support re #14 MOTION for Contempt against Etsy, Inc., #20 Memorandum in Opposition filed by Jon Q. Wright. (Attachments: #1 Lapin Declaration in further support, #2 Exhibit H to Lapin Decl - Time Records) (Lapin, Dmitry) |
| Filing 21 Request for Certificate of Default by Jon Q. Wright (Lapin, Dmitry) |
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SCHEDULING ORDER: The deadline for Plaintiff's response to non-party Etsy's opposition #20 to the Court's August 3, 2022 order to show cause is September 1, 2022. Oral argument will be held September 13, 2022 at 2:00 p.m. in Courtroom 10D South before Judge Carol Bagley Amon. Ordered by Judge Carol Bagley Amon on 8/25/2022. (Turner, Margaret)
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| Filing 20 MEMORANDUM in Opposition re #15 Order to Show Cause,, filed by Etsy. (Attachments: #1 Affidavit of Jay Huber) (Palfreyman, Brendan) |
| Filing 19 NOTICE of Appearance by Brendan Palfreyman on behalf of Etsy (aty to be noticed) (Palfreyman, Brendan) |
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Filing 18
PRELIMINARY INJUNCTION: This matter having come before the Court on the application of Plaintiff Jon Wright to convert the July 15, 2022 Temporary Restraining Order to a preliminary injunction, and this Court having found that plaintiff has demonstrated a likelihood of success on the merits and of irreparable harm absent equitable relief: IT IS HEREBY ORDERED, that Defendant "RB Miah", or as may otherwise be known to Etsy, Inc., is hereby restrained and enjoined from engaging in any of the following acts: advertising, marketing, distributing, displaying, offering for sale, selling, or otherwise dealing with any of the Subject Works referenced in Plaintiff's Complaint, or any works substantially similar thereto; (see order for details). Ordered by Judge Carol Bagley Amon on 8/12/2022. (Fernandez, Erica)
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| Minute Entry for hearing held before Judge Carol Bagley Amon on 8/11/22. Appearances: For plaintiff: Dmitry Lapin. For defendant: none. For the reasons stated on the record and in an order to follow, plaintiffs request to convert the Temporary Restraining Order to a preliminary injunction is GRANTED. (Court Reporter Sophie Nolan.) (Turner, Margaret) |
| Filing 17 CERTIFICATE OF SERVICE by Jon Q. Wright re #15 Order to Show Cause,, #14 MOTION for Contempt against Etsy, Inc. (Lapin, Dmitry) |
| Filing 16 SUMMONS Returned Executed by Jon Q. Wright. R B Miah served on 8/1/2022, answer due 8/22/2022. (Lapin, Dmitry) |
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Filing 15
ORDER TO SHOW CAUSE re #14 MOTION for Contempt against Etsy, Inc. filed by Jon Q. Wright: IT IS HEREBY ORDERED that non-party Etsy show cause in writing by August 31, 2022, why an Order should not be made and entered pursuant to 18 U.S.C. 401 finding Etsy in civil contempt of court for failing to comply with the Court's July 15, 2022 Temporary Restraining Order requiring Etsy to attach Defendant's assets as held by Etsy. Ordered by Judge Carol Bagley Amon on 8/3/2022. (Fernandez, Erica)
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| Filing 14 MOTION for Contempt against Etsy, Inc. by Jon Q. Wright. (Attachments: #1 Lapin Declaration, #2 Ex A - 7/15/22 Notice of Lawsuit, #3 Ex B - Email with TRO, #4 Ex C - UPS Delivery Confirmation, #5 Ex D - Confirmation of Receipt of TRO, #6 Exhibit E - 7/21/22 preliminary response from Etsy, #7 Ex F - e-mail from Etsy, #8 Ex G - 7/28/22 e-mail from Etsy, #9 Ex H - Asset Transfer History, #10 Proposed Order to Show Cause) (Lapin, Dmitry) Modified. (Latka-Mucha, Wieslawa) |
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Filing 13
ORDER granting #11 Motion for Temporary Restraining Order extension. So Ordered by Judge Carol Bagley Amon on 7/29/2022. (Fernandez, Erica)
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| Filing 12 Proposed Scheduling Order to Extend the TRO by Jon Q. Wright (Lapin, Dmitry) |
| Filing 11 MOTION for Temporary Restraining Order extension by Jon Q. Wright. (Lapin, Dmitry) |
| Filing 10 Summons Issued as to R B Miah. (Fernandez, Erica) |
| Minute Entry for hearing held before Judge Carol Bagley Amon on 7/29/2022. Appearances: For plaintiff: Dmitry Lapin. For defendant: none. Plaintiff's counsel indicated his intent to file a motion for an order to show cause regarding Etsy, Inc. As stated on the record, Plaintiff shall move to extend the TRO by 3 p.m. today, July 29, 2022. (Court Reporter Michele Lucchese.) (Turner, Margaret) |
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ORDER re #11 : Plaintiff is instructed to file a proposed order for the relief requested in the motion to extend the TRO. Ordered by Judge Carol Bagley Amon on 7/29/2022. (Turner, Margaret)
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| Filing 9 Proposed Summons. Re #1 Complaint, by Jon Q. Wright (Lapin, Dmitry) |
| Filing 8 Letter MOTION to Appear by Telephone by Jon Q. Wright. (Lapin, Dmitry) |
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ORDER granting #8 Motion to Appear by Telephone. A Zoom link will be provided prior to the hearing. Ordered by Judge Carol Bagley Amon on 7/27/2022. (Turner, Margaret)
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| Filing 5 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint, #2 certificate of copyright registration) (Rocco, Christine) |
| Filing 4 MOTION for Temporary Restraining Order - Ex Parte by Jon Q Wright. (Attachments: #1 Jon Wright Affidavit in Support, #2 Declaration of Dmitry Lapin in Support, #3 Exhibit A - RiskirStreet Storefront, #4 Exhibit B - Infringing Listings, #5 Exhibit C - Takedown Notices, #6 Exhibit D - Third Party Infringing Listings, #7 Proposed Order) (Lapin, Dmitry) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) |
| 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. (Bowens, Priscilla) |
| Filing 1 COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Jon Q Wright. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Bowens, Priscilla) |
| FILING FEE: $ 402.00, receipt number ANYEDC-15749824 (Bowens, Priscilla) |
| Case Assigned to Judge Carol Bagley Amon and Magistrate Judge James R. Cho. 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) |
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