Chandler v. Skipper et al
| April Chandler |
| Mark Skipper, Skip Archimedes, Michael Maloy, Thomas Harrison, David Guc, Empirical Media LLC, Empirical Reality LLC, Vanguard Management Team, Inc. and Harrison Thomas Group LLC |
| 3:2024cv00206 |
| February 12, 2024 |
| US District Court for the Northern District of New York |
| Miroslav Lovric |
| Glenn T Suddaby |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 39 RESPONSE to #22 Motion to Dismiss for Failure to State a Claim, and #26 Supplemental Memorandum of Law filed by Pro Se April Chandler. Filed Via MFT. (Attachments: #1 Certificate of Service)(mmg). |
| Filing 38 Letter from Pro Se April Chandler with attached exhibit. Filed via MFT. (Attachments: #1 Certificate of Service)(mmg). |
| Filing 36 TEXT ORDER: No later than 4/15/2024, Plaintiff is directed to comply with TEXT NOTICE OF FILING DEFICIENCY issued by the Court and dated 3/5/2024. See Docket. Pro Se Plaintiff selected Nature of suit 820 (Copyright) in civil cover sheet. However, no registration or certificates were attached to the complaint. Plaintiff is directed to file proof of the copyright or report from the copyright office no later than 4/15/2024. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/8/2024. (Copy served on Pro Se Plaintiff via regular mail) (jdc) |
| Filing 35 TEXT ORDER: Maloy Defendants request in Response #33 , wherein Maloy Defendants request authorization to file a revised motion to dismiss, should be addressed to the District Judge by way of a letter motion. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/8/2024. (Copy served on Pro Se Plaintiff via regular mail) (jdc) |
| Filing 34 TEXT ORDER: Plaintiff Motion to Amend #31 is DENIED, without prejudice. The current operative complaint is Amended Complaint #14 . Fed. R. Civ. P. 15(a)(1) permits a party to amend its pleading once as a matter of course within 21 days after serving it or 21 days after a responsive pleading has been filed. Plaintiff has already amended its complaint once as a matter of course pursuant to Fed. R. Civ. P. 15(a)(1). See Dkt. No. 14. Motion to amend #31 is not in compliance with N.D.N.Y. L.R. 15.1 and N.D.N.Y. L.R. 7.1, in that, it fails to provide a memorandum of law, a supporting affidavit, proof of service on all Defendants, and an unsigned copy of the proposed amended pleading. Motion to amend #31 is also not in compliance with N.D.N.Y. L.R. 15.1, in that, it fails to set forth specifically the proposed insertions and deletions of language and identify the amendments in the proposed pleading, either through the submission of a redline/strikeout version of the pleading sought to be amended or through other equivalent means. See N.D.N.Y. L.R. 15.1 & 7.1. Plaintiff is also cautioned that any amended pleading will replace the existing complaint, and must be a wholly integrated and complete pleading that does not rely upon or incorporate by reference any pleading or document previously filed with the Court. See, Shields v. Citytrust Bancorp, Inc., 25 F.3d 1124, 1128 (2d Cir. 1994)(It is well established that an amended complaint ordinarily supersedes the original and renders it of no legal effect.). Plaintiff is advised, for a second time now, to comply with the Fed. R. Civ. P. and the N.D.N.Y. Local Rules. See Text Order Dkt. No. 20. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 4/8/2024. (Copy served on Pro Se Plaintiff via regular mail) (jdc ) |
| Filing 37 CERTIFICATE OF SERVICE by Pro Se April Chandler re #31 MOTION to Amend/Correct the #1 Complaint and #14 Amended Complaint filed by Pro Se April Chandler via MFT. (mmg) |
| Filing 33 RESPONSE to Motion re #31 Motion to Amend/Correct, filed by Empirical Media LLC, Michael Maloy. (Attachments: #1 Certificate of Service)(Burdick, Benjamin) |
| Filing 32 NOTICE OF APPEARANCE by Benjamin M. Burdick on behalf of Empirical Media LLC, Michael Maloy (Attachments: #1 Certificate of Service)(Burdick, Benjamin) |
| Filing 31 MOTION to Amend the #1 Complaint and #14 Amended Complaint filed by Pro Se April Chandler. Plaintiff is requesting to combine appropriate revisions, responses to motions, and errors found by Plaintiff in Complaint into one document. {Filed Via MFT}. Response to Motion due by 4/25/2024. Motions referred to Miroslav Lovric. (mmg). |
| Filing 30 SUMMONS Returned Executed by Pro Se April Chandler. Mark Skipper served on 3/20/2024, answer due 6/18/2024. {Filed via MFT}. (mmg). |
| Filing 29 SUMMONS Returned Executed by Pro Se April Chandler. Vanguard Management Team, Inc. served on 3/29/2024, answer due 4/19/2024. {Filed Via MFT} (mmg). |
| Filing 28 SUMMONS Returned Executed by Pro Se April Chandler. Empirical Media LLC served on 3/30/2024, answer due 4/22/2024. {Filed Via MFT}. (mmg). |
| Filing 27 SUMMONS Returned Executed by Pro Se April Chandler. Michael Maloy served on 3/30/2024. {Filed Via MFT}. (mmg). |
| Filing 26 SUPPLEMENTAL MEMORANDUM OF LAW in support of the #22 Motion to Dismiss for Failure to State a Claim, filed by Pro Se Michael Maloy via MFT. (mmg). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #25 Response in Opposition to Motion, filed by April Chandler - Plaintiff contacted the Clerk's Office to advise that her response in opposition was intended for the #22 Motion to Dismiss and not as to the motions to dismiss (Dkt. Nos. 9 and 10) as noted on the docket sheet since those motions have been denied/dismissed. (jel, ) |
| Filing 25 RESPONSE in Opposition re #22 MOTION to Dismiss the #14 Amended Complaint for Failure to State a Claim and Improper Venue filed by April Chandler, Pro Se, via MFT. (Attachments: #1 Certificate of Service)(mmg). Modified on 3/22/2024 (jel, ). |
| Filing 24 TEXT ORDER directing the Clerk of Court to TERMINATE #9 Defendant Michael Maloy's motion to dismiss Plaintiff's Complaint, because it is deemed as having been effectively withdrawn by Defendant Michael Maloy through his filing of a motion to dismiss Plaintiff's Amended Complaint (Dkt. No. #22 ). See, e.g., Miller v. New York State Police, 2016 WL 2868840, at *14 (W.D.N.Y. May 17, 2016) ("Plaintiff's First Motion to Amend... has been rendered moot by Plaintiff's filing of the Second Motion to Amend."). The pro se parties are respectfully advised that the briefing deadlines with regard to that first motion to dismiss (Dkt. No. #9 ) are cancelled. However, the briefing deadlines with regard to that second motion to dismiss (Dkt. No. #22 ) remain in effect. SO ORDERED by U.S. District Judge Glenn T Suddaby on 3/21/2024. (Copy served upon pro se parties via regular mail)(sal) |
| Filing 23 TEXT ORDER denying without prejudice #21 Defendant Empirical Media LLC's motion to dismiss Plaintiff's Amended Complaint for the reasons stated in the Court's Text Order of 03/19/2024 (Dkt. No. 17 ). To those reasons, the Court adds only that Defendant Empirical Media LLC is respectfully advised that it should promptly appear by licensed counsel in this action or risk receiving a default judgment. In addition, Defendant Empirical Media LLC is respectfully advised that, should it decide to file a motion to dismiss the Amended Complaint for failure to serve under Fed. R. Civ. P. 12(b)(5), 4(h), and/or 4(m), it may do so only through licensed counsel. See, e.g., Delta Sigma Theta Sorority, Inc. v. LaMith Designs, Inc., 275 F.R.D. 20, 24 (D. D.C. 2011) ("On June 23, 2010, the Court denied the defendant leave to file its motion to dismiss because the defendant, a corporation, cannot appear pro se."). SO ORDERED by U.S. District Judge Glenn T Suddaby on 3/21/2024. (Copy served upon pro se parties via regular mail)(sal) |
| Filing 22 MOTION to Dismiss the #14 Amended Complaint for Failure to State a Claim and Improper Venue filed by Pro Se Michael Maloy. Filed via MFT. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 4/10/2024. Reply to Response to Motion due by 4/17/2024 (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Proof of Service) (mmg). |
| Filing 21 MOTION to Dismiss #14 Amended Complaint for Failure to State a Claim and Improper Venue filed by Pro Se Michael Maloy on behalf of Empirical Media LLC. Filed Via MFT. Motion returnable before Judge Glenn T. Suddaby Response to Motion due by 4/10/2024. Reply to Response to Motion due by 4/17/2024 (Attachments: #1 Affidavit, #2 Memorandum of Law, #3 Proof of Service). (mmg). |
| Filing 20 TEXT ORDER STRIKING Plaintiffs Supplemental Complaint #19 because it fails to comply with Fed. R. Civ. P. 15(d). The Clerk of Court is directed to STRIKE Dkt. No. #19 . Dkt. No. #19 will not be considered by the Court. More specifically, Plaintiffs Supplemental Complaint at Dkt. No. #19 , (1) is not on motion and with reasonable notice, and (2) does not appear to relate to events that occurred after the filing of the Amended Complaint #14 on March 10, 2024. Moreover, to the extent that Plaintiffs Supplemental Complaint #19 is construed as a second amended complaint, it fails to comply with Fed. R. Civ. P 15(a), which permits amendment as a matter of course only one time, which Plaintiff has already done. Plaintiff is advised to comply with the Fed. R. Civ. P. and also the N.D.N.Y. Local Rules. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/20/2024. (Copy served on Pro Se Plaintiff and Pro Se Defendants, Michael Maloy and Empirical Media LLC via regular mail)(jdc ) |
| Filing 19 ***STRICKEN PURSUANT TO THE COURTS 20 ORDER***SUPPLEMENTAL COMPLAINT with Causes of Action against Empirical Media LLC, Empirical Reality LLC, David Guc, Thomas Harrison, Harrison Thomas Group LLC, Michael Maloy, Mark Skipper, Vanguard Management Team, Inc., filed by April Chandler, Pro Se. (Attachments: #1 Certificate of Service)(mmg). Modified on 3/21/2024 (jdc ). |
| Filing 18 TEXT ORDER staying consideration of #9 Defendant Michael Maloy's motion to dismiss, and directing him to do one of the following two things within FOURTEEN (14) DAYS of the entry of this Text Order: (1) file a letter advising the Court what portions (if any) of his motion to dismiss remains pending following Plaintiff's filing of an Amended Complaint as of right under Fed. R. Civ. P. 15(a)(1); or (2) file a letter withdrawing his motion (or a portion of his motion) without prejudice. The parties are respectfully advised that, if any portion of Defendant Michael Maloy's motion to dismiss remains pending, and he would like to supplement his motion (e.g., to address any newly asserted claims), he will be given a reasonable opportunity in which to do so through a letter-brief, then the deadlines for a response and reply with regard to his supplemented motion will be reset. SO ORDERED by U.S. District Judge Glenn T Suddaby on 3/19/2024. (Copy served upon pro se parties via regular mail) (sal) |
| Filing 17 TEXT ORDER denying without prejudice #10 Defendant Empirical Media LLC's motion to dismiss, because a company may appear in federal court only through licensed counsel. New York State Teamsters Conf. Pension and Ret. Fund v. Comac Builders Supply Corp., 06-CV-0208, 2008 WL 150515, at *2-4 (N.D.N.Y. Jan. 14, 2008) (Scullin, J.). SO ORDERED by U.S. District Judge Glenn T Suddaby on 3/19/2024. (Copy served upon pro se parties via regular mail)(sal) |
| Filing 16 RESPONSE in Opposition to the #10 MOTION to Dismiss for Improper Venue, and #9 MOTION to Dismiss for Improper Venue. Filed by April Chandler, Pro Se via MFT. (Attachments: #1 Certificate of Service)(mmg). |
| Filing 15 CERTIFICATE OF SERVICE by Pro Se April Chandler for the #14 Amended Complaint. Received via MFT. (mmg). |
| TEXT NOTICE OF FILING DEFICIENCY as to April Chandler regarding the #14 Amended Complaint NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Other Deficiency - The correction should be made within 7 days of this notice. There was no Certificate of Service included with the Amended Complaint. Pro Se Plaintiff must show proof that Amended Complaint was sent to Pro Se Defendant. Notice of Filing Deficiency Deadline 3/20/2024. (mmg). |
| Filing 14 AMENDED COMPLAINT against Empirical Media LLC, Empirical Reality LLC, David Guc, Thomas Harrison, Harrison Thomas Group LLC, Michael Maloy, Mark Skipper, Vanguard Management Team, Inc. filed by April Chandler, Pro Se Via MFT.(mmg.) |
| Filing 13 RESPONSE in Opposition (Answer and Exhibits) re #10 MOTION to Dismiss for Failure to State a Claim and #9 MOTION to Dismiss for Failure to State a Claim filed by April Chandler, Pro Se Via MFT. (mmg). |
| Filing 12 TEXT ORDER: In light of the filing of Motion to Dismiss [9, 10], the Rule 16 Initial Conference scheduled for 7/10/2024, before Magistrate Judge Miroslav Lovric, and the deadlines for filing the Civil Case Management Plan and exchanging of Mandatory Disclosures, are all STAYED without date. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 3/5/2024. (jdc ) |
| Filing 11 PRO SE HANDBOOK, NOTICE, Local Rules, and GO 25 sent to Defendant Michael Maloy (Pro Se). Sent via regular mail. (mmg). |
| TEXT NOTICE OF FILING DEFICIENCY regarding the #1 Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Pro Se Plaintiff selected Nature of suit 820 (Copyright) in civil cover sheet. However no registration or certificates were attached to the complaint. Plaintiff is directed to file proof of the copyright or report from the copyright office. Once received the clerk will prepare the copyright report. Other Deficiency - The correction(s) should be made within 7 days of this notice. Notice of Filing Deficiency Deadline 3/12/2024. Copy being served upon Pro Se plaintiff and Pro Se defendant via regular mail. (mmg). |
| Filing 10 MOTION to Dismiss for Failure to State a Claim with Affidavit filed by Michael Maloy (PRO SE) on behalf of Empirical Media LLC. Filed via MFT. Motion returnable before Judge Glenn T. Suddaby. (Attachments: #1 Memorandum of Law, #2 Proof of Service) (mmg). |
| Filing 9 MOTION to Dismiss for Failure to State a Claim with Affidavit filed by Michael Maloy Pro Se. Motion returnable before Judge Glenn T. Suddaby. Submitted via MFT. Response to Motion due by 3/26/2024. Reply to Response to Motion due by 4/2/2024 (Attachments: #1 Memorandum of Law, #2 Proof of Service) (mmg). |
| Filing 8 TEXT ORDER: FILINGS AT DKT. NOS 6 & 7 ARE STRICKEN. The Clerk of Court is directed to STRKE in the docket filings at Dkt. Nos. 6 & 7. Defendant Michael Maloy has failed to include a certificate and proof of service along with docket filings at Dkt. Nos. 6 & 7. Pursuant to the rules, all filings by all parties must include a certificate and proof of service demonstrating service of that filing on the other parties. Dkt. Nos. 6 & 7 will not be considered by the Court and are stricken. Defendant Michael Maloy is directed to comply with all N.D.N.Y. Local Rules and all the Fed. R. C. P. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 2/22/2024. (copy served upon pro se Plaintiff and pro se Michael Maloy via regular mail) (jdc ) |
| Filing 7 ***STRICKEN PURSUANT TO THE COURTS 8 ORDER***Affidavit from Pro Se Defendant Michael Maloy on behalf of Defendant Empirical Reality LLC. in opposition to the complaint. (mmg). Modified on 2/22/2024 (jdc ). |
| Filing 6 ***STRICKEN PURSUANT TO THE COURTS 8 ORDER***Affidavit from Pro Se Defendant Michael Maloy on behalf of himself and Defendant Empirical Media in opposition to the Complaint. (mmg). Modified on 2/22/2024 (jdc, ). |
| Filing 5 PRO SE HANDBOOK, Notice, and Local rules sent via regular mail to April Chandler. (mmg) |
| Filing 4 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 7/10/2024 10:00 AM in Binghamton before Magistrate Judge Miroslav Lovric. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 7/3/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) Sent via Regular mail to Pro Se Plaintiff. (mmg). (Main Document 4 replaced on 2/13/2024) to upload G.O. 25 with correct conventional track. (mmg). |
| Filing 3 Summons Issued as to Empirical Media LLC, Empirical Reality LLC, David Guc, Thomas Harrison, Harrison Thomas Group LLC, Michael Maloy, Mark Skipper, Vanguard Management Team, Inc.. (Attachments: #1 Summons Issued as to Empirical Media LLC., #2 Summons Issued as to Empirical Reality LLC., #3 Summons Issued as to Harrison Thomas Group LLC, #4 Summons Issued as to Mark Skipper, #5 Summons Issued as to Michael Maloy, #6 Summons Issued as to Thomas Harrison, #7 Summons Issued as to Vanguard Management Team, Inc.). Summons Sent Via Mail to Pro Se Plaintiff. (mmg). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS(ES): April Chandler is requesting summons(es) be issued as to Empirical Media LLC, Empirical Reality LLC, David Guc, Thomas Harrison, Harrison Thomas Group LLC, Michael Maloy, Mark Skipper, Vanguard Management Team, Inc. (Attachments: #1 Proposed Summons for Empirical Media LLC, #2 Proposed Summons For Empirical Reality LLC, #3 Proposed Summons Harrison Thomas Group LLC, #4 Proposed Summons for Mark Skipper, #5 Proposed Summons for Michael Maloy, #6 Proposed Summons for Thomas Harrison, #7 Proposed Summons for Vanguard Management Team)(Submitted via MFT on February 13, 2024.)(jel, ) |
| Filing 1 COMPLAINT WITH JURY DEMAND against Empirical Media LLC, Empirical Reality LLC, David Guc, Thomas Harrison, Harrison Thomas Group LLC, Michael Maloy, Mark Skipper, Vanguard Management Team, Inc. (Filing fee $405 receipt number 27BQPHU1) filed by April Chandler. (Attachments: #1 Civil Cover Sheet)(khr) |
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