McDermott v. Kalita Mukul Creative Inc.
| Matthew McDermott |
| Kalita Mukul Creative Inc. |
| 1:2023cv01274 |
| February 16, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Copyright |
| 17 U.S.C. ยง 501 Copyright Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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ORDER: The Court grants in part Defendant's request for an extension of time. See ECF No. #12 . Defendant shall file an answer or otherwise respond to Plaintiff's complaint on or before June 12, 2023. The parties shall file the joint letter and proposed case management plan required by the Court's prior scheduling order, see ECF No. #9 , on or before May 18, 2023.However, on that same date, the parties shall serve on each other, but shall not file with the Court, their initial disclosures required by Rule 26(a)(1). In light of the additional time afforded by this extension, the parties' proposed case management plan must provide for the service of their initial interrogatories and requests for production of documents within two weeks of the filing of the case management plan, or else the parties' joint letter shall explain with specificity why they need additional time.If the parties do not submit a proposed case management plan by May 18, 2023, then the Court will promptly enter a discovery schedule allowing no more than 90 days for fact discovery without seeking further input from the parties. Ordered by Judge Hector Gonzalez on 4/10/2023. (BH)
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| Filing 12 Letter MOTION for Extension of Time to File Answer re #1 Complaint,, Extension of Time to File a Case Management Plan by Kalita Mukul Creative Inc.. (Go, Gawon) |
| Filing 11 Corporate Disclosure Statement by Kalita Mukul Creative Inc. (Go, Gawon) |
| Filing 10 NOTICE of Appearance by Gawon Go on behalf of Kalita Mukul Creative Inc. (aty to be noticed) (Go, Gawon) |
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Filing 9
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by April 27, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendant's counsel of this scheduling order, in writing, as soon as reasonably possible.Although the Court will be amenable to a reasonable extension of Defendant's deadline to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendant's answer to set a discovery schedule. Ordered by Judge Hector Gonzalez on 3/24/2023. (BH)
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| Filing 8 SUMMONS Returned Executed by Matthew McDermott. Kalita Mukul Creative Inc. served on 3/22/2023, answer due 4/12/2023. (Sanders, Craig) |
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ORDER: The Court has received Plaintiff's letter, see ECF No. #7 , describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant, which indicates that Defendant has not yet been served. Plaintiff shall file another letter no longer than three pages on or before April 7, 2023, describing Plaintiff's efforts to serve Defendant. Alternatively, if Plaintiff completes service on Defendant before that date, then Plaintiff shall promptly file proof of service.If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. Ordered by Judge Hector Gonzalez on 3/10/2023. (BH)
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| Filing 7 Letter addressed to Judge Hector Gonzalez regarding Plaintiff's service efforts by Matthew McDermott (Vera, Joshua) |
| Filing 6 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint) (RC) |
| Filing 5 NOTICE of Appearance by Joshua D. Vera on behalf of Matthew McDermott (aty to be noticed) (Vera, Joshua) |
| Filing 4 Summons Issued as to Kalita Mukul Creative Inc.. (KD) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| 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. (KD) |
| Case Assigned to Judge Hector Gonzalez. 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. (KD) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before March 9, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause.The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 2/23/2023. (BH)
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| Filing 1 COMPLAINT against Kalita Mukul Creative Inc. filing fee $ 402, receipt number ANYEDC-16418052 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Matthew McDermott. (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing Use of the Photograph, #3 Civil Cover Sheet Civil Cover Sheet, #4 Proposed Summons Proposed Summons, #5 Supplement REPORT ON THE FILING OR DETERMINATION OF AN ACTION OR APPEAL REGARDING A COPYRIGHT, #6 Supplement CERTIFICATION AND NOTICE OF INTERESTED PARTIES) (Sanders, Craig) |
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| Plaintiff: Matthew McDermott | |
| Represented By: | Craig B. Sanders |
| Represented By: | Joshua D. Vera |
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| Defendant: Kalita Mukul Creative Inc. | |
| Represented By: | Gawon Go |
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