Meyer, Suozzi, English & Klein, P.C. v. Higbee et al
| Meyer, Suozzi, English & Klein, P.C. |
| Higbee & Associates, RM Media Ltd., Esq. Mathew K. Higbee, Nick Youngson and Mathew K. Higbee |
| 2:2018cv03353 |
| June 7, 2018 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Arlene R Lindsay |
| Arthur D Spatt |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on March 9, 2020. A more recent docket listing may be available from PACER.
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 26
MOTION to Strike by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
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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).
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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)
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Filing 23
Letter from Weisneck to Court by RM Media Ltd., Nick Youngson (Weisneck, Jeanne)
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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)
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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)
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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)
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Email Notification Test - DO NOT REPLY. (Coleman, Laurie)
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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)
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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)
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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)
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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)
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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)
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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)
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Filing 14
Letter in Response to Plaintiff's Letter Motion to Strike (dated 7-30-18) by Mathew K. Higbee, Higbee & Associates (Ngo, Rayminh)
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Filing 13
MOTION to Strike #12 Reply in Support by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin)
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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)
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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)
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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)
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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)
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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)
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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)
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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).
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Filing 7
Motion to Dismiss for Failure to State a Claim by Mathew K. Higbee, Higbee & Associates. (Attachments: #1 Exhibit A) (Ngo, Rayminh)
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Filing 6
Summons Issued as to All Defendants. (Rodin, Deanna)
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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)
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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)
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Filing 3
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna)
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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)
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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)
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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)
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| 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) |
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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)
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