Strive Messaging Inc. v. Butler et al
| Strive Messaging Inc. |
| Alana Simoncelli |
| Eugene Butler and Zachary Smith |
| Jedd Countey |
| 1:2024cv02183 |
| March 25, 2024 |
| US District Court for the Eastern District of New York |
| Nina R Morrison |
| Cheryl L Pollak |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| None |
Docket Report
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| Document Text |
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| Filing 27 NOTICE by Eugene Butler, Alana Simoncelli, Zachary Smith /Proposed ESI Protocol (Seymour, Malcolm) |
| Filing 26 NOTICE by Eugene Butler, Alana Simoncelli, Zachary Smith /Proposed Stipulated Protective Order (Seymour, Malcolm) |
| Minute Entry for proceedings held before Judge Nina R. Morrison: A telephone conference was held before Judge Morrison on May 8, 2024 at 10:30 AM. Mitchell Shelowitz and Danielle Manahan appeared for Plaintiff. Jeanne Claire Barenholz and Malcolm Seymour, III appeared for Defendants. The parties provided further information about the issues raised in their #14 and #16 letters. After hearing from the parties and reviewing the relevant filings, the Court concluded that the potential impacts from this case on her former employer, a business client of Strive Messaging, are too remote to warrant disqualification. (AD) |
| MINUTE ENTRY for Initial Conference proceeding held before Magistrate Judge Cheryl Pollak on 5/1/2024. Appearance for Plaintiff: Mitchell Shelowitz. Appearance for Defendants: Malcolm Seymour. Initial disclosures and written discovery requests by 5/31/2024 - responses 30 days thereafter. Status report 7/19/2024. (DC) |
| Filing 25 REPORT of Rule 26(f) Planning Meeting (Shelowitz, Mitchell) |
ELECTRONIC ORDER: In light of the letter filed by plaintiff and Mr. Countey at #23 , defendants' Motion for Joinder #22 is granted. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/29/2024. (CH)
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| Filing 24 Answer to Defendants' Counterclaims and Affirmative Defenses ANSWER to #12 Answer to Complaint,, Counterclaim, by Jedd Countey, Strive Messaging Inc.. (Shelowitz, Mitchell) |
| Filing 23 RESPONSE to Motion re #22 MOTION for Joinder (Notice of Non-Opposition to Motion) filed by Jedd Countey, Strive Messaging Inc.. (Shelowitz, Mitchell) |
| Filing 22 MOTION for Joinder by Eugene Butler, Alana Simoncelli, Zachary Smith. (Attachments: #1 Memorandum in Support) (Seymour, Malcolm) |
| Filing 21 Letter Confirming Receipt by Defendants' Counsel of Magistrate Judge Pollak's April 8, 2024 Scheduling Order by Strive Messaging Inc. (Shelowitz, Mitchell) |
| Filing 20 NOTICE of Appearance by Mitchell C. Shelowitz on behalf of Jedd Countey, Strive Messaging Inc. (aty to be noticed) (Shelowitz, Mitchell) |
| Filing 19 SUMMONS Returned Executed by Strive Messaging Inc.. Alana Simoncelli served on 4/1/2024, answer due 4/22/2024. (Shelowitz, Mitchell) |
| Filing 18 SUMMONS Returned Executed by Strive Messaging Inc.. Zachary Smith served on 4/1/2024, answer due 4/22/2024. (Shelowitz, Mitchell) |
| Filing 17 SUMMONS Returned Executed by Strive Messaging Inc.. Eugene Butler served on 4/1/2024, answer due 4/22/2024. (Shelowitz, Mitchell) |
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SCHEDULING ORDER: A telephone conference to discuss the parties' #14 and #16 letters shall take place on May 8, 2024 at 10:30 AM before Judge Nina R. Morrison. The parties will be provided an access link via email in advance of the conference. Ordered by Judge Nina R. Morrison on 4/18/2024. (AD)
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| Filing 16 Letter by Eugene Butler, Alana Simoncelli, Zachary Smith (Seymour, Malcolm) |
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Filing 15
SCHEDULING ORDER: An Initial Conference set for 5/1/2024 @ 11:15 AM before Magistrate Judge Cheryl L. Pollak. Initial conference will proceed via CISCO conference call. Please dial 571-353-2301 at 11:15 AM. Enter Meeting ID: 022-788-537. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/8/2024. (DC)
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ORDER: The Court is in receipt of Plaintiff's #14 letter, alerting the Court to Plaintiff's business relationship with the nonprofit law firm where Judge Morrison was formerly employed. Judge Morrison can confirm that she played no role in the selection, hiring, or evaluation of Plaintiff's company and does not recall any interactions with Plaintiff or its employees during her tenure in the Innocence Project's legal department. The circumstances set forth in Plaintiff's letter thus do not appear to provide any reason why the Court cannot preside over this litigation; however, if Defendants believe otherwise, or would like additional information, they may so inform the Court. Ordered by Judge Nina R. Morrison on 4/8/2024. (AD)
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| Filing 14 Letter Regarding Plaintiff's Commercial Relationship with the Innocence Project by Strive Messaging Inc. (Shelowitz, Mitchell) |
| Filing 13 Letter re Motion to Join by Eugene Butler, Alana Simoncelli, Zachary Smith (Seymour, Malcolm) |
| Filing 12 ANSWER to #1 Complaint,, , COUNTERCLAIM against Strive Messaging Inc., Jedd Countey by Alana Simoncelli, Zachary Smith, Eugene Butler. (Attachments: #1 Exhibit A - Certificate of Dissolution, #2 Exhibit B - Assignment Agreement, #3 Exhibit C - Operating Agreement) (Seymour, Malcolm) |
| Filing 11 NOTICE of Appearance by Malcolm Seymour, III on behalf of Eugene Butler, Alana Simoncelli, Zachary Smith (aty to be noticed) (Seymour, Malcolm) |
| Filing 10 NOTICE of Appearance by Jeanne Claire Barenholtz on behalf of Eugene Butler, Alana Simoncelli, Zachary Smith (aty to be noticed) (Barenholtz, Jeanne) |
| Filing 9 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint, #2 copyright registration) (RC) |
| Filing 8 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (KD) |
| Filing 7 Summons Issued as to Eugene Butler, Alana Simoncelli, Zachary Smith. (Attachments: #1 Summons, #2 Summons) (KD) |
| Filing 6 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) |
| Case Assigned to Judge Nina R. Morrison and Magistrate Judge Cheryl L. Pollak. 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) |
| Filing 5 Proposed Summons. by Strive Messaging Inc. (Shelowitz, Mitchell) |
| Filing 4 Proposed Summons. by Strive Messaging Inc. (Shelowitz, Mitchell) |
| Filing 3 Proposed Summons. by Strive Messaging Inc. (Shelowitz, Mitchell) |
| Filing 2 Civil Cover Sheet.. by Strive Messaging Inc. (Shelowitz, Mitchell) |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17704720 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Strive Messaging Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16) (Shelowitz, Mitchell) |
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