Meyer, Suozzi, English & Klein, P.C. v. Higbee et al Featured Case
Plaintiff: Meyer, Suozzi, English & Klein, P.C.
Defendant: Mathew K. Higbee, Higbee & Associates, RM Media Ltd. and Nick Youngson
Case Number: 2:2018cv03353
Filed: June 7, 2018
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Presiding Judge: Arlene R. Lindsay
Presiding Judge: Arthur D. Spatt
Nature of Suit: Copyright
Cause of Action: 17:101 Copyright Infringement
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 13, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 4, 2019 Opinion or Order Filing 36 ORDER re 35 Notice of dismissal of action solely as against defendants Nick Youngson and RM Media, Ltd. The Clerk of the Court is respectfully directed to amend the caption as set forth in the stipulation. Parties RM Media Ltd. and Nick Youngson terminated. So Ordered by Judge Arthur D. Spatt on 4/4/2019. (Coleman, Laurie)
April 2, 2019 Filing 35 NOTICE of Voluntary Dismissal by Meyer, Suozzi, English & Klein, P.C. of Action Solely as Against Defendants Nick Youngson and RM Media, Ltd. (Revised as per Electronic Order dated 4-2-19) (Schlosser, Kevin)
April 2, 2019 Opinion or Order Electronic ORDER. The parties to the notice of voluntary dismissal are directed to re-file the document with a proposed amended caption reflecting the parties remaining in the case. So Ordered by Judge Arthur D. Spatt on 4/2/2019. (Kanellopoulos, Paul)
April 1, 2019 Filing 34 Letter Plaintiffs letter advising Court of motions rendered moot (DE 21, DE 24 and DE 30) by Meyer, Suozzi, English & Klein, P.C. (Schlosser, Kevin)
April 1, 2019 Filing 33 NOTICE of Voluntary Dismissal by Meyer, Suozzi, English & Klein, P.C. of Action Solely as Against Defendants Nick Youngson and RM Media, Ltd. (Schlosser, Kevin)
March 25, 2019 Filing 32 MEMORANDUM in Opposition re 24 MOTION to Vacate 21 MOTION for Default Judgment and in Support of Motion DE 30 filed by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
March 25, 2019 Filing 31 RESPONSE in Opposition re 30 MOTION for Service by Publication Requesting That Service of Process be Deemed Effectuated on Defendants Youngson and RM Media, 24 MOTION to Vacate 21 MOTION for Default Judgment filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Exhibit A. Higbee Defendants May 9, 2018 letter and draft complaint to Plaintiff., # 2 Exhibit B. Acknowledgment of service by mail, # 3 Exhibit C. Defendant Nick Youngsons Copyright Registration filed with the United States Copyright Office, # 4 Exhibit D. Current printout of the information on file for the Copyright Registration filed with the United States Copyright Office, # 5 Exhibit E. Request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division for service of process upon RM Media, # 6 Exhibit F. Response to request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division, # 7 Exhibit G. Docket reports of prior cases in which Jeanne Weisneck has appeared as co-counsel with the Higbee Defendants) (Schlosser, Kevin)
March 25, 2019 Filing 30 MOTION for Service by Publication Requesting That Service of Process be Deemed Effectuated on Defendants Youngson and RM Media by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
March 18, 2019 Filing 29 RESPONSE to Motion re 28 MOTION for Hearing re 18 Clerk's Entry of Default, 14 Letter, 15 Affidavit, 12 Reply in Support, 9 Motion to Dismiss for Failure to State a Claim , 20 Notice of Appearance, 11 Memorandum in Opposition, 10 Affidavit in filed by Mathew K. Higbee, Higbee & Associates. (Ngo, Rayminh)
March 15, 2019 Filing 28 MOTION for Hearing re 18 Clerk's Entry of Default, 14 Letter, 15 Affidavit, 12 Reply in Support, 9 Motion to Dismiss for Failure to State a Claim , 20 Notice of Appearance, 11 Memorandum in Opposition, 10 Affidavit in Opposition to Motion,, 16 Affidavit, 25 Reply in Support,, 22 Order on Motion for Default Judgment,, Order Referring Motion, 21 MOTION for Default Judgment , 17 Request for Certificate of Default, 27 Reply in Support, 23 Letter, 24 MOTION to Vacate 21 MOTION for Default Judgment Request for Oral Argument and/or Conference by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
March 15, 2019 Filing 27 REPLY in Support re 9 Motion to Dismiss for Failure to State a Claim , Order on Motion to Strike, filed by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Declaration of Mathew K. Higbee, # 2 Exhibit A (Blog Post Featuring Copyrighted Work), # 3 Exhibit B (Higbee Defendants' Letter to Plaintiff 01-30-18)) (Ngo, Rayminh)
March 13, 2019 Opinion or Order Electronic ORDER granting 26 Motion to Strike. The Higbee defendants must submit a revised reply brief that fully complies with the Court's individual rules on or before March 15, 2019. Failure to comply with this directive will result in the Court disregarding the brief in its entirety. So Ordered by Judge Arthur D. Spatt on 3/13/2019. (Kanellopoulos, Paul)
March 12, 2019 Filing 26 MOTION to Strike by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
March 11, 2019 Filing 25 REPLY in Support re Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Strike,, 9 Motion to Dismiss for Failure to State a Claim , 11 Memorandum in Opposition filed by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Declaration of Mathew K. Higbee) (Ngo, Rayminh) STRICKEN pursuant to the 3/13/2019 Electronic Order Order of Judge Arthur D. Spatt. This entry has been modified on 3/14/2019 to indicate Reply in Support 25 has been stricken. (Coleman, Laurie).
March 11, 2019 Filing 24 MOTION to Vacate 21 MOTION for Default Judgment by RM Media Ltd., Nick Youngson. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Memorandum in Support) (Weisneck, Jeanne)
March 6, 2019 Filing 23 Letter from Weisneck to Court by RM Media Ltd., Nick Youngson (Weisneck, Jeanne)
March 5, 2019 Opinion or Order Filing 22 REFERRAL ORDER re 21 motion for default judgment RM Media Ltd. and Nick Youngson. The Court hereby refers this matter to United States Magistrate Judge Arlene R. Lindsay for a recommendation as to whether the motion for default judgment should be granted, and if so, what relief, if any, should be awarded. The Clerk of the Court is respectfully directed to note the referral. So Ordered by Judge Arthur D. Spatt on 3/5/2019. Motion 21 referred to Arlene R. Lindsay. (Coleman, Laurie)
March 4, 2019 Filing 21 MOTION for Default Judgment by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Declaration of Kevin Schlosser, # 2 Exhibit 1 (Complaint), # 3 Exhibit 2 (Certificate of Default), # 4 Exhibit 3 (Proposed Form of Default Judgment), # 5 Affidavit of Service) (Schlosser, Kevin)
March 4, 2019 Email Notification Test - DO NOT REPLY. (Coleman, Laurie)
March 4, 2019 Filing 20 NOTICE of Appearance by Jeanne Marie Weisneck on behalf of RM Media Ltd., Nick Youngson (notification declined or already on case) (Weisneck, Jeanne)
March 1, 2019 Incorrect Case/Document/Entry Information. The #19 Notice of Appearance by Jeanne Marie Weisneck on behalf of RM Media Ltd., Nick Youngson has been deleted from the above-referenced case at the request of counsel due to a clerical error. Counsel has filed a corrected Notice of Appearance on 3/4/2019, see DE # 20 . There will no longer be a document #19 in the above-referenced case. (Coleman, Laurie)
March 1, 2019 Opinion or Order ORDER terminating 9 Motion to Dismiss for Failure to State a Claim; granting 13 Motion to Strike. The Higbee Defendants' 15-page reply brief exceeds the page limits specified in the Court's Individual Rules. The Higbee Defendants are directed to file a reply brief 10 pages or less in length no later than March 11, 2019. The Clerk of the Court is respectfully directed to strike docket entry 12 . For administrative purposes, the Clerk of the Court is respectfully directed to terminate and immediately restore the 9 motion to dismiss. So Ordered by Judge Arthur D. Spatt on 3/1/2019. (Kanellopoulos, Paul)
February 20, 2019 Filing 18 CLERK'S ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendants RM Media Ltd. and Nick Youngson have failed to appear or otherwise defend this action, the default of defendants RM Media Ltd. and Nick Youngson are hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Coleman, Laurie)
February 19, 2019 Filing 17 Request for Certificate of Default by Meyer, Suozzi, English & Klein, P.C. (Attachments: # 1 Declaration Of Kevin Schlosser In Support Of Plaintiff's Request For Default Pursuant To Local Civil Rule 55.1, # 2 Exhibit Proposed Certificate Of Default) (Schlosser, Kevin)
January 17, 2019 Filing 16 AFFIDAVIT/AFFIRMATION re 6 Summons Issued, 5 Notice of Report on Copyright Service of Foreign Process on RM Media Ltd. by Meyer, Suozzi, English & Klein, P.C. (Schlosser, Kevin)
December 3, 2018 Filing 15 AFFIDAVIT/AFFIRMATION re 6 Summons Issued, 1 Complaint, Service of Foreign Process on Nicholas "Nick" Youngson by Meyer, Suozzi, English & Klein, P.C. (Schlosser, Kevin)
August 6, 2018 Filing 14 Letter in Response to Plaintiff's Letter Motion to Strike (dated 7-30-18) by Mathew K. Higbee, Higbee & Associates (Ngo, Rayminh)
July 30, 2018 Filing 13 MOTION to Strike 12 Reply in Support by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
July 20, 2018 Filing 12 REPLY in Support re 9 Motion to Dismiss for Failure to State a Claim filed by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Declaration of Mathew K. Higbee) (Ngo, Rayminh) STRICKEN pursuant to 3/1/2019 Electronic Order of Judge Arthur D. Spatt. Modified on 3/1/2019 to indicate Reply 12 has been stricken.(Coleman, Laurie).
July 13, 2018 Filing 11 MEMORANDUM in Opposition re 10 Affidavit in Opposition to Motion,, Re: Higbee Defendants' Motion to Dismiss filed by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
July 13, 2018 Filing 10 AFFIDAVIT/DECLARATION in Opposition re 9 Motion to Dismiss for Failure to State a Claim filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Exhibit Plaintiffs Complaint, # 2 Exhibit Printout of the Blue Gallery Website page, # 3 Exhibit Printout of the recently-altered version of the Blue Gallery Website, # 4 Exhibit Demonstration of how the Image previously could be obtained directly from a Google search, # 5 Exhibit Demonstration of how the Image can, now, no longer be obtained directly from a Google search) (Schlosser, Kevin)
July 3, 2018 Opinion or Order Electronic ORDER withdrawing 7 Motion to Dismiss for Failure to State a Claim; granting 8 Motion to Withdraw. Pursuant to the Defendants' letter 8 , its original motion to dismiss 7 is withdrawn. So Ordered by Judge Arthur D. Spatt on 7/3/2018. (Fell, Christopher)
June 29, 2018 Filing 9 Motion to Dismiss for Failure to State a Claim by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A) (Ngo, Rayminh)
June 29, 2018 Filing 8 NOTICE of Motion by Mathew K. Higbee, Higbee & Associates re 7 Motion to Dismiss for Failure to State a Claim (Ngo, Rayminh) Modified on 7/2/2018 to correct event type (Coleman, Laurie).
June 29, 2018 Filing 7 Motion to Dismiss for Failure to State a Claim by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Exhibit A) (Ngo, Rayminh)
June 8, 2018 Filing 6 Summons Issued as to All Defendants. (Rodin, Deanna)
June 8, 2018 Filing 5 Notice of Report on the Filing of an Action Regarding a Copyright. C/M to Register of Copyrights. (Attachments: # 1 Complaint, # 2 Exhibit) (Rodin, Deanna)
June 8, 2018 Filing 4 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. (Rodin, Deanna)
June 8, 2018 Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Arlene R. Lindsay. 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. (Rodin, Deanna)
June 8, 2018 Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
June 7, 2018 Filing 2 NOTICE of Appearance by Kevin Schlosser on behalf of Meyer, Suozzi, English & Klein, P.C. (notification declined or already on case) (Schlosser, Kevin)
June 7, 2018 Filing 1 COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10493740 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Proposed Summons) (Schlosser, Kevin)

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 this case: Meyer, Suozzi, English & Klein, P.C. v. Higbee et al
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Mathew K. Higbee
Represented By: Rayminh Ngo
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Higbee & Associates
Represented By: Rayminh Ngo
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: RM Media Ltd.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: Nick Youngson
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Meyer, Suozzi, English & Klein, P.C.
Represented By: Kevin Schlosser
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

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.


Why Is My Information Online?