The Associated Press v. All Headline News Corp. et al
Plaintiff The Associated Press alleged that Defendants All Headline News Corp., AHN Media Corp., W. Jeffrey Brown and Danielle George hired writers to copy and rewrite AP news stories.
| The Associated Press |
| All Headline News Corp., AHN Media Corp., Jeffrey W. Brown and Danielle George |
| 1:2008cv00323 |
| January 14, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| P. Kevin Castel |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
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Filing 42
ORDER OF DISMISSAL: that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within sixty (60) days if the settlement is not consummated. Any pending motions are moot. All conferences are vacated. (Signed by Judge P. Kevin Castel on 6/15/2009) (tve)
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Filing 41
ORDER The resumption of discovery after the expiration of the stay is self-executing. All fact discovery in this case is to be completed by October 2, 2009 and all expert discovery is to be completed by November 13, 2009. The April 24 conference is adjourned to October 16, 2009 at 11 am at which time I will set a schedule for final pretrial submissions and the final pretrial conference. (Signed by Judge P. Kevin Castel on 4/22/09) (mme)
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| Filing 40 ENDORSED LETTER addressed to Judge P. Kevin Castel from Andrew Deutsch dated 3/31/09 re: The parties have agreed to consider private mediation of the claims raised in the complaint. ENDORSEMENT: Discovery stayed for 30 days. Parties should in due course submit new dates. (Signed by Judge P. Kevin Castel on 3/31/09) (cd) |
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Filing 39
ENDORSED LETTER addressed to Judge P. Kevin Castel from Brian D. Caplan dated March 19, 2009, re: We have recently filed Defendants' Answer to the First Amended Complaint, and will shortly be serving our initial discovery request on Plaintiff. In this connection, we agree with Plaintiff. In this connection, we agree with Plaintiff that it is time for discovery to proceed, although we remain hopeful that amicable resolution resolution may still he achieved. ENDORSEMENT: Parties are directed to discuss retention of a private mediator and report to the Court in ten days. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/19/2009) (rw)
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Filing 38
ENDORSED LETTER addressed to Judge P. Kevin Castel from Andrew L. Deutsch dated 3/17/2009 re: Requesting that the Court schedule a pretrial conference, and to authorize the parties to commence full discovery in the action. ENDORSEMENT: Full discovery should proceed now. Case management conference set for April 13 at 11:30 a.m. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/19/2009) (jpo)
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| Filing 37 ANSWER to Amended Complaint. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. Related document: 17 Amended Complaint, filed by The Associated Press.(Ross, Jonathan) |
| Filing 36 STIPULATION: Defendants shall have until March 13, 2009 to interpose their answer to the 1st, 2nd, 3rd, 6th and 7th claims contained in the First Amended Complaint. All Headline News Corp. answer due 3/13/2009; AHN Media Corp. answer due 3/13/2009; Jeffrey W. Brown answer due 3/13/2009; Danielle George answer due 3/13/2009. (Signed by Judge P. Kevin Castel on 3/3/09) (db) Modified on 3/19/2009 (db). |
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Filing 35
MEMORANDUM AND ORDER: The defendants' motion to dismiss is denied as to Counts One, Three and Six, and granted as to Counts Four and Five, which are dismissed. (Signed by Judge P. Kevin Castel on 2/17/2009) (jpo)
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Filing 34
ORDER GRANTING NOTICE OF WITHDRAWAL AS COUNSEL FOR DEFENDANTS BY DARBY & DARBY P.C.: It is hereby Ordered that Darby & Darby P.C., be permitted to withdraw as counsel for defendants in this matter. (Signed by Judge P. Kevin Castel on 9/5/2008) (jfe)
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| Filing 33 NOTICE OF APPEARANCE by Brian D. Caplan on behalf of All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George (Caplan, Brian) |
| Filing 32 ENDORSED LETTER addressed to Judge P. Kevin Castel from Robert L. Jacobson dated 7/2/08 re: Defendant request leave for acceptance of the brief that is one page over the page limit under the Court's Local Rules. ENDORSEMENT: Leave to file Brief one page in excess of the page limit is granted. (Signed by Judge P. Kevin Castel on 7/11/08) (tro) |
| Filing 31 DECLARATION of Eric A. Prager in Support re: 30 MOTION for Eric A. Prager to Withdraw as Attorney.. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Prager, Eric) |
| Filing 30 MOTION for Eric A. Prager to Withdraw as Attorney. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George.(Prager, Eric) |
| Filing 29 REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss and Notice of Motion to Dismiss - Renewed. (Substituted brief per Order of June 30, 2008). Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Lipman, Steven) |
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Filing 28
ORDER GRANTING DEFENDANT'S MOTION FOR LEAVE TO FILE SUBSTITUTE BRIEF: It is hereby Ordered that Defendant's Motion for Leave to File Substitute brief 27 is Granted. Defendant's Reply Brief in Support of their Renewed motion to Dismiss, filed June 27, 2008, is hereby ordered STRICKEN from the record. defendant's have until Wednesday, July 2, 2008 to file a substituted Reply Brief. (Signed by Judge P. Kevin Castel on 6/30/2008) (jfe)
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| ***STRICKEN DOCUMENT. Deleted document number 26 from the case record. The document was stricken from this case pursuant to 28 Order on Motion for Leave to File Document,. (jfe) |
| Filing 27 MOTION for Leave to File a Substituted Brief. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George.(Lipman, Steven) |
| Filing 26 REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss and Notice of Motion to Dismiss - Renewed.. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Lipman, Steven) |
| Filing 25 NOTICE OF APPEARANCE by Steven Edward Lipman on behalf of All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George (Lipman, Steven) |
| Filing 24 MEMORANDUM OF LAW in Opposition re: 20 MOTION to Dismiss and Notice of Motion to Dismiss - Renewed.. Document filed by The Associated Press. (Deutsch, Andrew) |
| Filing 23 ENDORSED LETTER addressed to Judge P. Kevin Castel from Andrew Deutsch dated 6/3/08 re: Request that the revised briefing schedule as follows: AP opposition papers due by 6/12/08; AHN reply papers due by 6/27/08. ENDORSEMENT: Schedule approved. 6/23 conference date vacated. New date will be provided. Set Deadlines/Hearing as to 20 MOTION to Dismiss and Notice of Motion to Dismiss - Renewed. ( Response due by 6/12/2008, Reply due by 6/27/2008.) (Signed by Judge P. Kevin Castel on 6/3/08) (cd) |
| Filing 22 DECLARATION of Robert L. Jacobson in Support re: 20 MOTION to Dismiss and Notice of Motion to Dismiss - Renewed.. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Prager, Eric) |
| Filing 21 MEMORANDUM OF LAW in Support re: 20 MOTION to Dismiss and Notice of Motion to Dismiss - Renewed.. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Prager, Eric) |
| Filing 20 MOTION to Dismiss and Notice of Motion to Dismiss - Renewed. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. Responses due by 6/5/2008(Prager, Eric) |
| Filing 19 MEMO ENDORSEMENT ON NOTICE OF WITHDRAWAL OF APPEARANCE AS COUNSEL; Atul R. Singh is no longer counsel for defendants All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, and Danielle George in this action. (Signed by Judge P. Kevin Castel on 4/24/2008) (jp) |
| Filing 18 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - NOTICE of Withdrawal of Appearance as Counsel of Atul R. Singh. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Prager, Eric) Modified on 4/18/2008 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Eric A. Prager to E-MAIL Document No. 18 Notice of Withdrawal of Appearance as Counsel to orders_and_judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 17 AMENDED COMPLAINT amending 1 Complaint, against All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George.Document filed by The Associated Press. Related document: 1 Complaint, filed by The Associated Press. (Attachments: # 1 Exhibit, # 2 Exhibit)(dle) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Pre-Motion Conference held on 3/28/2008. ( Amended Pleadings due by 4/11/2008. Motion to dismiss 12(b)(6) due by 5/12/2008. Responses due by 6/5/2008. Replies due by 6/17/2008. The parties will serve their Rule 34 requests. The parties will meet face to face before June 17, 2008. Pretrial Conference set for 6/23/2008 at 09:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel.). (ad) |
| CASHIERS OFFICE REMARK on 16 Order on Motion to Appear Pro Hac Vice in the amount of $25.00, paid on 03/18/2008, Receipt Number 644986. (jd) |
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Filing 16
ORDER granting 15 Motion for Robert L. Jacobson to Appear Pro Hac Vice for defendants. (Signed by Judge P. Kevin Castel on 3/19/08) (db)
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| Filing 15 MOTION for Robert L. Jacobson to Appear Pro Hac Vice. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George.(dle) |
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Filing 14
ENDORSED LETTER addressed to Judge P. Kevin Castel from Andrew L. Deutsch dated 3/14/2008 re: We are Counsel of record for The Associated Press, plaintiff in the above-captioned action. We are writing in response to the Court's memo endorsement, filed March 7, 2008, on the March 6, 2008 letter of Eric A. Prager, Esq., counsel for defendants All Headline News Corp., AHN Media Corp., W. Jeffrey Brown and Danielle George. By its memo endorsement, the Court deemed defendants' partial motion to dismiss withdraw and ask AP to make a request for a motion schedule by March 14, 2008. It is our understanding from the memo endorsement that the Court will grant defendants leave to refile their withdrawn an. ENDORSEMENT: In assessing the matter; it would be useful to know plaintiff's position on the proposed motion. Often, as a result of the arising of positions motion practice become unnecessary. Plaintiff may submit a 5 page letter by March 20. Initial Conference will be advanced from April 18 to March 21, 2008 at 11:30 a.m. Application under Rule 26(d) denied without prejudice. SO ORDERED. ( Initial Conference set for 3/21/2008 at 11:30 AM before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 3/14/2008) (jmi)
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| Filing 13 NOTICE OF APPEARANCE by Eric A. Prager on behalf of All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George (Prager, Eric) |
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Filing 12
ENDORSED LETTER addressed to Judge P. Kevin Castel from Eric A. Prager dated 3/6/08 re: It appears that the parties are unable to resolve their differences and obviate the need for a motion. ENDORSEMENT: Motion deemed withdrawn, time to answer or move extended to a date to be set at initial conference on 4/18/08 at 11:30 a.m. Plaintiff should treat the motion as a request for motion schedule and respond then by 3/14/08. SO ORDERED. Response due 3/14/08. (Initial Conference set for 4/18/2008 at 11:30 AM before Judge P. Kevin Castel.) (Signed by Judge P. Kevin Castel on 3/7/08) (db)
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| Filing 11 ENDORSED LETTER addressed to Judge P. Kevin Castel from Andrew Deutsch dated 3/6/08 re: request that the Court direct defendants to withdraw their motion to dismiss. ENDORSEMENT: this Court is unaware of any attmepted compliance with premature conference requirement which does, indeed apply to Rule 12(b0(6) motions. Counsel for defendants should fax a letter to chambers, no later than 3/11/08, explaining defendants actions and advise whether the motion is withdrawn without prejudice. (Signed by Judge P. Kevin Castel on 3/6/08) (cd) |
| Filing 10 DECLARATION of Danielle George in Support re: 7 MOTION to Dismiss and Notice of Motion to Dismiss Under Federal Rule of Civil Procedure 12.. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Singh, Atul) |
| Filing 9 DECLARATION of W. Jeffrey Brown in Support re: 7 MOTION to Dismiss and Notice of Motion to Dismiss Under Federal Rule of Civil Procedure 12.. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Singh, Atul) |
| Filing 8 MEMORANDUM OF LAW in Support re: 7 MOTION to Dismiss and Notice of Motion to Dismiss Under Federal Rule of Civil Procedure 12.. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Singh, Atul) |
| Filing 7 MOTION to Dismiss and Notice of Motion to Dismiss Under Federal Rule of Civil Procedure 12. Document filed by All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George.(Singh, Atul) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by All Headline News Corp..(Singh, Atul) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by AHN Media Corp..(Singh, Atul) |
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Filing 4
STIPULATION AND ORDER,by and between Counsel for Plaintiff and counsel for Defendants that the time in which Defendants may answer, move, or otherwise respond to the Complaint shall be extended up to including February 29, 2008. This is the first request for an extension of time to answer the Complaint. The original deadline to answer, move, or otherwise respond was February 4, 2008. NOW THEREFORE, based on the above Stipulation, the Court hereby ORDERS that: Defendants shall have up to and including February 29, 2008 to answer, move, or otherwise respond to the Complaint. SO ORDERED. All Headline News Corp. answer due 2/29/2008; AHN Media Corp. answer due 2/29/2008; Jeffrey W. Brown answer due 2/29/2008; Danielle George answer due 2/29/2008. (Signed by Judge William H. Pauley, III on 1/30/2008 For Judge P. Kevin Castel) (jmi)
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Filing 3
ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Conference set for 4/18/2008 at 11:30 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 1/23/08) (dle)
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| Mailed notice to Register of Copyrights to report the filing of this action. (rdz) |
| Mailed notice to Register of Copyrights to report the filing of this action. (rdz) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Associated Press.(rdz) (rdz). |
| Filing 1 COMPLAINT against All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (Filing Fee $ 350.00, Receipt Number 638172)Document filed by The Associated Press.(rdz) (Additional attachment(s) added on 1/15/2008: # 1 Exhibit, # 2 Exhibit) (rdz). |
| SUMMONS ISSUED as to All Headline News Corp., AHN Media Corp., Jeffrey W. Brown, Danielle George. (rdz) |
| Case Designated ECF. (rdz) |
| Magistrate Judge Gabriel W. Gorenstein is so designated. (rdz) |
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