Joe Hand Promotions, Inc. v. 1965 Coney Island Avenue LLC et al
| Joe Hand Promotions, Inc. |
| 1965 Coney Island Avenue LLC doing business as The Factory, David Kadosh and Eryca Kadosh |
| 2:2022cv00210 |
| January 13, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| Anne Y Shields |
| Cable/Satellite TV |
| 47 U.S.C. ยง 605 Unauthorized publication or use of communications |
| None |
Docket Report
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by Joe Hand Promotions, Inc. (Attachments: #1 Commercial Licensing Agreement, #2 Copyright Agreement, #3 Liquor LIcense) (Jekielek, Jon) |
ORDER TO SHOW CAUSE: Upon review of the filings, and to assist this Court's consideration of its jurisdiction, inter alia, plaintiff's counsel is to provide a written submission within seven days of this order, setting forth the following:1. The basis for counsel's representation on the cover sheet that monetary damages sought are in excess of $150,000, exclusive of interest and costs given that that complaint seeks damages of $110,000? Relatedly, does counsel have any principled basis to oppose referral to this Courts arbitration program?2. Whether plaintiff's "exclusive commercial distribution rights" to the subject program extends to both satellite and cable distribution. Compare, e.g., J & J Sports Prods., Inc. v. Brentwood Veteran War Mem'l, Inc., 2019 WL 4126469, at *5 (E.D.N.Y. Aug. 30, 2019)("agreement appears to limit the rights to cable rather than satellite transmissions"). Counsel is to supply a copy of the agreement with its response.3. Counsel is to provide the facts forming its basis for alleging that defendants obtained the subject broadcast "by unauthorized satellite transmission or, alternatively, by unauthorized receipt over a cable system," and identify the steps take to ascertain which medium was employed. J & J, 2019 WL 4126469, at *6 ("no information is supplied as to whether [investigator] observed a cable or satellite box, or whether the building (which he apparently photographed in daylight) had a visible satellite dishall of which would have been critical here.")4. All facts supporting plaintiff's allegations of willfulness, other than the fact that the alleged broadcast took place in a commercial establishment. Joe Hand Promotions, Inc. v. Santana, 964 F. Supp. 2d 1067, 1075 (N.D. Cal. 2013) ("The simple fact that Mr. Guzman showed the Program in a commercial establishment is not enough to establish willfulness.")5. Whether the claims against the individual defendants should not be dismissed, as the complaint cites nothing more that "conclusory allegations"? See, e.g., Joe Hand Promotions, Inc. v. Bowers, No. 1:18-CV-3859-MHC, 2019 WL 9633300, at *3 (N.D. Ga. Apr. 16, 2019).Upon a failure to respond in the time allotted, the case will be dismissed for lack of prosecution. Ordered by Judge Gary R. Brown on 1/21/2022. c/ecf (Cowan, Timothy)
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Filing 8
ORDER: Initial Conference set for 5/19/2022 at 11:00 AM before Magistrate Judge Anne Y. Shields.The parties are directed to call the ATTteleconferencing center at (877) 810-9415 and to enter Access Code9005911 when prompted. See order and attachments. So Ordered by Magistrate Judge Anne Y. Shields on 1/20/2022. (Attachments: #1 AYS Rules, #2 Joint Letter Requirements) (Torres, Jasmine)
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| Filing 7 Summons Issued as to All Defendants. (Jakubowski, Laura) |
| Filing 6 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. (Jakubowski, Laura) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Anne Y. Shields. 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. (Jakubowski, Laura) |
| Filing 4 Proposed Summons. by Joe Hand Promotions, Inc. (Jekielek, Jon) |
| Filing 3 Proposed Summons. by Joe Hand Promotions, Inc. (Jekielek, Jon) |
| Filing 2 Proposed Summons. by Joe Hand Promotions, Inc. (Jekielek, Jon) |
| Filing 1 COMPLAINT against 1965 Coney Island Avenue LLC, David Kadosh, Eryca Kadosh filing fee $ 402, receipt number ANYEDC-15192905 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Joe Hand Promotions, Inc.. (Attachments: #1 Civil Cover Sheet) (Jekielek, Jon) |
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