Kmonicek v. Long Island Window Treatments Inc.
| Kathy Kmonicek |
| Long Island Window Treatments Inc. |
| 2:2024cv06436 |
| September 13, 2024 |
| U.S. District Court for the Eastern District of New York |
| Gary R Brown |
| Lee G Dunst |
| Copyright |
| 17 U.S.C. ยง 501 Copyright Infringement |
| Plaintiff |
Docket Report
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ORDER granting #12 Motion for Extension; #13 Motion to Vacate: Defendant has demonstrated that "good cause" exists to vacate the entry of default pursuant to Fed. R. Civ. P. 55(c). See Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993). The Court GRANTS Defendant's motion to vacate at DE #13 and VACATES entry of default (DE [9)]. Further, the Court GRANTS Defendant's motion for extension (DE #12 ). The time for Defendant to answer, move, or otherwise respond to the Complaint is hereby extended to and including 11/29/2024. Ordered by Magistrate Judge Lee G. Dunst on 11/8/2024. (GS)
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| Filing 13 Letter Supplemental Letter with Affidavit by Long Island Window Treatments Inc. (Pensabene, Angela) |
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ORDER: In order to vacate the default entered against Defendant Long Island Window Treatments Inc. (DE #9 ), Defendant must demonstrate that "good cause" exists to vacate the entry of default pursuant to Fed R. Civ. P. 55(c). See Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 96 (2d Cir. 1993) (courts consider a number of factors in determining whether there is "good cause" to vacate default, including "(1) whether the default was willful; (2) whether setting aside the default would prejudice the adversary; and (3) whether a meritorious defense is presented"); Li v. Fleet New York Metropolitan Regional Center LLC, No. 21-CV-5185, 2022 WL 1666963, at *4 (E.D.N.Y. May 25, 2002) (same). It is hereby ORDERED that Defendant file a supplemental letter in support of its pending motion to vacate the default (DE #12 ) by 11/8/2024. Ordered by Magistrate Judge Lee G. Dunst on 10/30/2024. (GS)
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| Filing 12 Letter by Long Island Window Treatments Inc. (Pensabene, Angela) |
| Filing 11 NOTICE of Appearance by Angela P. Pensabene on behalf of Long Island Window Treatments Inc. (aty to be noticed) (Pensabene, Angela) |
| Filing 10 Corporate Disclosure Statement by Long Island Window Treatments Inc. identifying Corporate Parent Long Island Window Treatments Inc. for Long Island Window Treatments Inc.. (Pensabene, Angela) |
| Filing 9 Clerk's ENTRY OF DEFAULT: It appearing from the docket maintained in this action that defendant Long Island Window Treatments Inc., has failed to appear or otherwise defend this action, the default of defendant Long Island Window Treatments Inc., is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (JT) |
| Filing 8 Request for Certificate of Default by Kathy Kmonicek (Attachments: #1 Supplement Affirmation of Renee J. Aragona in Support, #2 Supplement Proposed Certificate of Default (with certificate of service)) (Aragona, Renee) |
| Filing 7 NOTICE of Appearance by Renee Jennifer Aragona on behalf of Kathy Kmonicek (aty to be noticed) (Aragona, Renee) |
| Filing 6 SUMMONS Returned Executed by Kathy Kmonicek. Long Island Window Treatments Inc. served on 9/20/2024, answer due 10/11/2024. (Sanders, Craig) |
| Filing 5 Summons Issued as to Long Island Window Treatments Inc. (LJ) |
| Filing 4 Notice of Report on the Filing of an Action Regarding a Copyright. C/M to Register of Copyrights. (Attachments: #1 Complaint, #2 Exhibit 1, #3 Exhibit 2) (LJ) |
| Filing 3 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 (LJ) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 1 COMPLAINT against Long Island Window Treatments Inc. filing fee $ 405, receipt number ANYEDC-18276925, filed by Kathy Kmonicek. Was the Disclosure Statement on Civil Cover Sheet completed -No (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing Use of the Photograph, #3 Civil Cover Sheet, #4 Proposed Summons, #5 Supplement AO 121 Form, #6 Supplement Certificate of Interested Parties) (Sanders, Craig) Modified on 9/13/2024 (LJ). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Lee G. Dunst. 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. (LJ) |
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| Plaintiff: Kathy Kmonicek | |
| Represented By: | Craig B. Sanders |
| Represented By: | Renee Jennifer Aragona |
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| Defendant: Long Island Window Treatments Inc. | |
| Represented By: | Angela P. Pensabene |
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