SMS Group Inc. et al v. Pharmaaid Corp
| SMS GROUP INC. D/B/A BAR5F, PHARMAAID CORP. D/B/A TOP QUALITY DISTRIBUTIONS D/B/A TOP QUALITY DISTRIBUTORS, SMS Group Inc. doing business as BAR5F and Vyacheslav Podlubny |
| Pharmaaid Corp doing business as Top Quality Distributions doing business as Top Quality Distributors |
| 1:2023cv01777 |
| March 8, 2023 |
| US District Court for the Eastern District of New York |
| Eric R Komitee |
| Taryn A Merkl |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 18 RESPONSE TO ORDER TO SHOW CAUSE by Vyacheslav Podlubny, SMS Group Inc. (Attachments: #1 Declaration of in Reply of Vyacheslav Podlubny in Further Support of Order to Show Cause, #2 Exhibit 1 - 123 Copyright License, #3 Exhibit 2 - 086 Copyright License, #4 Exhibit 3 - Professional Photography Invoices) (Chiu, Wing) |
| Filing 17 RESPONSE in Opposition re #16 Letter MOTION for pre motion conference re Its Aniticipated Motion to Dismiss filed by Vyacheslav Podlubny, SMS Group Inc.. (Chiu, Wing) |
| Filing 16 Letter MOTION for pre motion conference re Its Aniticipated Motion to Dismiss by Pharmaaid Corp. (Berkowitz, Mark) |
| Filing 19 Minute Entry for proceedings held before Judge Eric R. Komitee: Preliminary Injunction Hearing held on 4/10/2023. Case called. Discussion held. Decision reserved. Plaintiffs shall file a reply brief, not to exceed ten pages, by May 1. (FTR Log #3:09 - 3:56.) (AG) (AG). |
| Filing 15 MEMORANDUM in Opposition to Plaintiffs' Motion for a Preliminary Injunction filed by Pharmaaid Corp. (Berkowitz, Mark) |
| Filing 14 NOTICE of Appearance by Mark Berkowitz on behalf of Pharmaaid Corp (aty to be noticed) (Berkowitz, Mark) |
| Filing 13 AFFIDAVIT/AFFIRMATION of Service of Court Order Adjourning Hearing by Vyacheslav Podlubny, SMS Group Inc. (Chiu, Wing) |
SCHEDULING ORDER: The hearing previously scheduled for April 7, 2023, is rescheduled to April 10, 2023, at 3:00 p.m. Plaintiffs' counsel is directed to serve a copy of this order on the defendant. Ordered by Judge Eric R. Komitee on 4/4/2023. (AG)
|
| Filing 12 RESPONSE to Motion re #11 Letter MOTION for Extension of Time to File . Defendant seeks an extension of time to obtain an attorney, so that an answer to the complaint can be filed. Mr. Chaim Weinberger stated that he is the owner of PharmaCorp and seeks to settle this case oLetter MOTION to Adjourn Conference regarding the 3/22/2023 Preliminary Injunction Hearing filed by Vyacheslav Podlubny, SMS Group Inc.. (Chiu, Wing) |
|
ORDER re #11 Letter MOTION for Extension of Time to File -- By no later than 7:00 pm today, Plaintiffs are directed to respond to the request to adjourn the March 22 hearing on the motion for preliminary injunction. Ordered by Judge Eric R. Komitee on 3/21/2023. (AG)
|
|
ORDER granting #11 Motion to Adjourn Conference -- The request is granted. The hearing previously scheduled for March 22, 2023, is rescheduled to April 7, 2023, at 10:00 a.m. Plaintiffs' counsel is directed to serve a copy of this order on the defendant. Ordered by Judge Eric R. Komitee on 3/21/2023. (AG)
|
| Filing 11 Letter MOTION for Extension of Time to File . Defendant seeks an extension of time to obtain an attorney, so that an answer to the complaint can be filed. Mr. Chaim Weinberger stated that he is the owner of PharmaCorp and seeks to settle this case once an attorney has been retained, Letter MOTION to Adjourn Conference regarding the 3/22/2023 Preliminary Injunction Hearing by Pharmaaid Corp. (VM) |
| Filing 10 NOTICE of Appearance by Oleg A. Mestechkin on behalf of Vyacheslav Podlubny, SMS Group Inc. (aty to be noticed) (Mestechkin, Oleg) |
|
ORDER re #4 Motion for Order to Show Cause -- Plaintiff's request for a Temporary Restraining Order is denied. A hearing on Plaintiff's motion for a preliminary injunction is scheduled for March 22, 2023 at 2:30 pm, in Courtroom 6G North at the United States District Court, 225 Cadman Plaza East, Brooklyn, New York. Plaintiff is directed to serve Defendant on or before 12:00 pm on March 21. Ordered by Judge Eric R. Komitee on 3/16/2023. (AG)
|
| Filing 9 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint, #2 Exhibit) (RC) |
| Filing 8 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| 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. (SR) |
| Filing 6 Summons Issued as to All Defendants. (SR) |
| Filing 5 Civil Cover Sheet.. by Vyacheslav Podlubny, SMS Group Inc. (Chiu, Wing) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (SR) |
| Case Assigned to Judge Eric R. Komitee and Magistrate Judge Taryn A. Merkl. 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. Motions referred to Taryn A. Merkl. (SR) |
| Filing 4 First MOTION for Order to Show Cause by SMS GROUP INC. D/B/A BAR5F. (Attachments: #1 Memorandum in Support of Order to Show Cause, #2 Declaration of Good Faith) (Chiu, Wing) |
| Filing 3 Civil Cover Sheet.. Re #1 Complaint,, by SMS GROUP INC. D/B/A BAR5F (Chiu, Wing) |
| Filing 2 Proposed Summons. Re #1 Complaint,, by SMS GROUP INC. D/B/A BAR5F (Chiu, Wing) |
| Filing 1 COMPLAINT against SMS GROUP INC. D/B/A BAR5F filing fee $ 402, receipt number ANYEDC-16478561 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by SMS GROUP INC. D/B/A BAR5F. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Defendant's Corporate Registration, #3 Exhibit B - Images of Plaintiff's copyrighted photographs, #4 Exhibit C - Plaintiff's Copyright Registrations, #5 Exhibit D - Images of Defendant's infringing photographs, #6 Exhibit E - Amazon web search results) (Chiu, Wing) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
