Hounddog Productions, L.L.C. et al v. Empire Film Group, Inc. et al
| The Motion Picture Group, Inc. and Hounddog Productions, L.L.C. |
| Dean Hamilton Bornstein, Eric Parkinson and Empire Film Group, Inc. |
| 1:2009cv09698 |
| November 20, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Rockland |
| James L Cott |
| Victor Marrero |
| Copyright |
| 17 U.S.C. § 101 |
| Both |
Docket Report
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This docket was last retrieved on January 13, 2012. A more recent docket listing may be available from PACER.
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Filing 70
STIPULATION AND ORDER OF DISMISSAL OF ERIC PARKINSON WITH PREJUDICE AND WITHOUT COSTS: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties that the above entitled action be and the same is hereby dismissed with prejudice as against Defendant Eric Parkinson, without costs to either party against the other. IT IS FURTHER HEREBY STIPULATED AND AGREED that this Court retains jurisdiction over the parties to enforce the terms of Paragraphs 4 through 7 of the Settlement Agreement dated as of December 23, 2011, a copy of which is annexed hereto as Exhibit 1. (Signed by Judge Victor Marrero on 1/13/2012) (djc)
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Filing 69
ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan J Ross dated 1/3/2012 re: Request that the January 3 deadline to reinstate the action be extended through January 13, 2012. ENDORSEMENT: Request GRANTED. The Conditional Order of Discontinuance herein is amended to extend until 1/13/12 the day by which plaintiff may restore the action to the Court's active calendar. (Signed by Judge Victor Marrero on 1/4/2012) (cd)
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Filing 68
ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan J. Ross dated 12/23/2011 re: Counsel for the Plaintiffs writes to request that the deadline to reinstate the action be extended through 1/3/2012. ENDORSEMENT: Request GRANTED. The Conditional Order of Discontinuance herein is amended to extend until 1/3/12 the date by which plaintiff may restore the action to the Court's active calendar. (Signed by Judge Victor Marrero on 12/23/2011) (ab) Modified on 12/29/2011 (tro).
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Filing 67
ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan J. Ross dated 12/15/2011 re: Counsel request that the December 15 deadline to reinstate the action be extended until the end of the next week, 12/23/2011, to permit the parties to finalize the settlement. Alternatively, Plaintiffs request that the action be restored. ENDORSEMENT: Request GRANTED. The Conditional Order of Discontinuance herein is amended to extend until 12/23/2011 the date by which plaintiff may restore the action to the Court's active calendar. (Signed by Judge Victor Marrero on 12/15/2011) (tro)
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| Filing 66 ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan J. Ross dated 11/30/2011 re: Counsel for the Plaintiffs encloses a courtesy copy of the Declaration of Jonathan J. Ross in Support of Plaintiffs' Application for Award of Costs and Attorneys' Fees. ENDORSEMENT: Defendant Empire Film Group is directed to respond by 12/12/2011 to the application of plaintiff herein for an award of attorneys' fees and costs. (Signed by Judge Victor Marrero on 12/1/2011) (ab) |
| Filing 65 DECLARATION of Jonathan J. Ross in Support of Application for Award of Fees and Costs against Defendant Empire Film Group in Support re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Ross, Jonathan) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Jonathan James Ross to RE-FILE Document #64 MOTION for Attorney Fees Declaration of Jonathan J. Ross in Support of Application for Award of Costs and Attorneys Fees Against Defendant Empire Film Group, and Annexed Exhibit 1. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db) |
| Filing 64 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees Declaration of Jonathan J. Ross in Support of Application for Award of Costs and Attorneys Fees Against Defendant Empire Film Group, and Annexed Exhibit 1. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc. (Ross, Jonathan) Modified on 11/29/2011 (db). |
| Filing 63 CLERK'S JUDGMENT # 11,2210 That for the reasons stated in the Court's Decision and Order dated November 10, 2011, the report is adopted in its entirety; the Court declares that the Distribution Agreement between plaintiffs Hounddog Productions, L.L.C. and The Motion Picture Group, Inc. and defendant Empire Film Group Inc. dated March 7, 2008 is have been validly terminated on November 4, 2008; Plaintiffs are awarded $400,000.00 as compensatory damages against Empire, plus pre judgment interest at the rate of nine percent computed from October 31, 2008, the date the Minimum Guarantee Final Payment under the parties agreement became due, on Plaintiffs breach of contract claim of $106,520.55 for a sum of $506,520.55; Plaintiffs are awarded statutory damages in the amount of $150,000.00 against Empire on Plaintiffs copyright infringement claim for Empires willful infringement of Plaintiffs copyrights following termination of the Distribution Agreement; Plaintiffs are awarded their reasonable attorneys fees and costs incurred in prosecuting Plaintiffs copyright infringement claim against Empire and the Court directs Plaintiffs to submit an accounting of such fees and costs, and supporting documentation, within fourteen days of the entry of the Decision and Order dated November 10, 2011; Empire, its agents, servants, employees, and attorneys, and all persons or entities in active concert or participation with it, are permanently enjoined, from copying, reproducing, distributing, exhibiting, or performing, or otherwise infringing upon Plaintiffs copyrights in, the motion picture entitled Hounddog, and from permitting, authorizing or causing others to do so; the Court orders and directs Empire to deliver all copies of Hounddog and all other infringing materials in its possession and/or under its control, including all plates, molds, matrices, masters, tapes, film negatives, or other articles by means of which copies of Hounddog may be reproduced, to Plaintiffs counsels offices, located at Caplan & Ross, LLP, 270 Madison Avenue, 13th Floor, New York, New York 10016, within thirty days of the entry of the Decision and Order; accordingly, Judgment is entered in favor of Plaintiffs and against Empirein favor of Hounddog Productions, L.L.C., The Motion Picture Group, Inc. against Empire Film Group, Inc. (Signed by Clerk of Court Ruby Krajick on 11/16/11) (Attachments: #1 NOTICE OF RIGHT TO APPEAL)(ml) |
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Filing 62
ORDER CONDITIONAL DISCONTINUANCE: It is hereby ORDERED, that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Dismissal for the Court to So Order. Otherwise, within such time plaintiffs may apply by letter for restoration of the action to the active calendar of this Court in the event by the deadline indicated the settlement is not consummated. Upon such notification, the defendants shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten days of the plaintiffs' application for reinstatement, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event plaintiffs have not requested restoration of the case to the active calendar within such period of time. The trial scheduled for December 12, 2011 canceled but shall be rescheduled as set forth above in the event plaintiffs notify the Court that the parties' settlement was not effectuated and that such conference is necessary to resume trial proceedings herein. The Clerk of Court is directed to terminate any pending motions and to close this case, subject to its being reopened for the purpose of any action by this Court necessary following the completion of the bankruptcy proceedings relating to co-defendant Dean Bornstein. (Signed by Judge Victor Marrero on 11/15/2011) (jfe)
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Filing 61
DECISION AND ORDER for #60 Report and Recommendation: For the reasons set forth within, the Report and Recommendation of Magistrate Judge James Cott dated September 15, 2011 (Docket No. 60) is adopted in its entirety. The Distribution Agreement between plaintiffs Hounddog Productions, L.L.C. and The Motion Picture Group, Inc. and defendant Empire Film Group Inc. dated March 7, 2008 is declared to have been validly terminated on November 4, 2008. Plaintiffs' breach of contract claim, Plaintiffs are awarded $400,000.00 as compensatory damages against Empire, plus pre judgment interest at the rate of nine percent computed from October 31, 2008, the date the Minimum Guarantee Final Payment under the parties' agreement became due, as further set forth within. The Clerk of Court is hereby directed to enter Judgment in favor of Plaintiffs and against Empire as set forth within. (Signed by Judge Victor Marrero on 11/10/2011) (ab) Modified on 11/15/2011 (ab).
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| Transmission to Judgments and Orders Clerk. Transmitted re: #61 Order Adopting Report and Recommendation to the Judgments and Orders Clerk. (ab) |
| ***DELETED DOCUMENT. Deleted document number #61 REPORT AND RECOMMENDATION. The document was incorrectly filed in this case. (ae) |
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Filing 60
REPORT AND RECOMMENDATIONS: For all of the foregoing reasons, I recommend that the Court award Plaintiffs $400,000 in compensatory damages plus interest at a rate of nine percent per annum, and issue a declaration that the Distribution Agreement is validly terminated. I further recommend that the Court award Plaintiffs $150,000 in statutory damages, along with injunctive relief under 17 U.S.C. 501-02. Lastly, for purposes of determining reasonable attorneys' fees and costs, Plaintiffs should be directed to submit an accounting of the fees requested and supporting documentation within fourteen (14) days of any order adopting this Report and Recommendation. Plaintiffs have prepared an Order embodying this relief: and I recommend that the Court sign it. (Dkt. No. 50-1). Objections to R&R due by 10/3/2011. (Signed by Magistrate Judge James L. Cott on 9/15/2011) Copies of this Report and Recommendation have been sent by ECF and by mail. (pl)
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| Filing 59 DECLARATION of Jonathan J. Ross, with Exhibit 1-5, in Support re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Ross, Jonathan) |
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Filing 58
ORDER: On August 22, 2011, the Court ordered Plaintiffs to submit a response, no later than August 29, to Empire Film Group, Inc.'s allegations regarding "Hounddog, LLC." The Court has received a request from Plaintiffs' counsel to extend the deadline to September 2, 2011 in light of weather-and travel-related difficulties. The request is approved. Plaintiffs are directed to respond to Empire's allegations regarding "Hounddog, LLC" by September 2, 2011. (Signed by Magistrate Judge James L. Cott on 8/29/2011) (jfe)
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Filing 57
ORDER: On March 2, 2011, the Court granted the motion of Plaintiffs Hounddog Productions, LLC and The Motion Picture Group, Inc. ("Plaintiffs") for a default judgment against Defendant Empire Film Group, Inc. ("Empire"), and directed Plaintiffs to submit documentation and a proposed order to me for a determination pertaining to damages as against Empire. Empire's request for a hearing was referred to me in conjunction with the prior order to determine damages. (Dkt. No. 48). In its opposition, Empire argues that Plaintiff Hounddog Productions, LLC is not a proper party to this action. Accordingly, Plaintiffs are directed to respond to Empire's allegation regarding "Hounddog, LLC" by August 29, 2011. Once Plaintiffs have responded to Empire's allegation, the Court will determine whether a hearing is necessary to determine damages. ( Responses due by 8/29/2011) (Signed by Magistrate Judge James L. Cott on 8/22/2011) (ja)
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| Filing 56 REPLY AFFIRMATION of Jonathan J. Ross with Exhibits 1-2 in Support re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Ross, Jonathan) |
| Filing 55 DECLARATION of Eliot F. Bloom in Opposition re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Empire Film Group, Inc.. (Attachments: #1 Affidavit Townsend Declaration, #2 Exhibit A to C, #3 Exhibit D to F)(Bloom, Eliot) |
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Filing 54
ORDER: The bench trial of this action that has been scheduled for November 14 and 15, 2011 is hereby rescheduled to December 12 and 13, 2011. The parties are directed to review the Court's Individual Practices and submit their pretrial materials in accordance with the deadlines set forth therein. (Signed by Judge Victor Marrero on 8/9/2011) (jfe)
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| Minute Entry for proceedings held before Judge Victor Marrero: Pre-Motion Conference held on 7/29/2011. Trial date set for November 14. Plaintiff to inform the Court by August 5 whether it will proceed with summary judgment or trial. (lmb) |
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Filing 53
ORDER: Accordingly, Empire is directed to file, no lather than August 10, 2011, an opposition to Plaintiff's damages submission. Plaintiffs shall file any reply papers no lather than August 17, 2011. Based on the parties' submissions, the Court will determine whether a hearing is necessary to determine Plaintiffs' damages as against Empire. SO ORDERED. ( Responses due by 8/10/2011, Replies due by 8/17/2011.) (Signed by Magistrate Judge James L. Cott on 7/27/2011) Copies Sent By Chambers. (ama)
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| Filing 52 DECLARATION of Jonathan J. Ross dated July 26, 2011 in Support re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Attachments: #1 Exhibit Exhibit 1 to Ross Declaration, #2 Exhibit Exhibit 2 to Ross Declaration, #3 Exhibit Exhibit 3 to Ross Declaration, #4 Exhibit Exhibit 4 to Ross Declaration, #5 Exhibit Exhibit 5 to Ross Declaration)(Ross, Jonathan) |
| Filing 51 DECLARATION of Deborah Kampmeier dated July 22, 2011 in Support re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Attachments: #1 Exhibit Exhibits 1 to 8 to Kampmeier Declaration dated July 22, 2011)(Ross, Jonathan) |
| Filing 50 STATEMENT OF DAMAGES. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Attachments: #1 Exhibit Proposed Order)(Ross, Jonathan) |
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Filing 49
ENDORSED LETTER addressed to Judge Victor Marrero from Eliot F. Bloom dated 7/22/2011 re: Counsel writes to declare defendants intention to file a motion pursuant to F.R.C.Pr. Rule 55(b)(2) to request a hearing on the issues of damages. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge James L. Cott, to whom this dispute has been referred for resolution, including whether a hearing on the issue of damages would be appropriate. So Ordered. (Signed by Judge Victor Marrero on 7/22/2011) (jfe)
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Filing 48
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge James L. Cott. (Signed by Judge Victor Marrero on 7/22/2011) (jfe)
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Filing 47
ENDORSED LETTER addressed to Judge Victor Marrero from Eric Parkinson dated 7/21/2011 re: Defendant respectfully request that the conference scheduled for 7/25/11 be moved to 7/29. ENDORSEMENT: Request GRANTED. The next status conference herein is rescheduled to 7/29/11 at 10:30 a.m. So Ordered. (Signed by Judge Victor Marrero on 7/22/2011) (jfe)
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| Filing 46 NOTICE OF APPEARANCE by Eliot Fred Bloom on behalf of Empire Film Group, Inc. (Bloom, Eliot) |
| Filing 45 ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan J. Ross dated 7/15/2011 re: Counsel for the Plaintiffs writes to request a pre-motion conference for a motion to vacate the default entered against Defendant Empire Film Group, Inc. ENDORSEMENT: The Clerk of the Court is directed to enter into the public record of this action the letter above submitted to the Court by Plaintiffs. (Signed by Judge Victor Marrero on 7/18/2011) (ab) |
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Filing 44
ORDER: Upon review of the parties' submissions, the Court finds vacatur of the Default Order to be unwarranted. In particular, and contrary to Empire's assertions, Empire's consistent failure to (1) participate in this action, (2) cooperate with its attorney of record during the pendency of that attorney's representation of Empire, and (3) respond to motions, discovery requests and Orders of the Court cannot be attributed to excusable neglect or to any other exemption under Rule 60(b)(1) or (6). The Court therefore reaffirms its entry of default against Empire, and DENIES Empire's request for a pre-motion conference. (Signed by Judge Victor Marrero on 7/19/2011) (jfe)
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Filing 43
ORDER: Accordingly. Plaintiff's are directed to re-file their statement of damages with proper authentication no later than July 26, 2011. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 7/12/2011) Copies Mailed By Chambers. (ama)
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| Filing 42 ENDORSED LETTER addressed to Judge Victor Marrero from Eliot Bloom dated 6/29/11 re: Request that the Court schedule a pretrial conference. ENDORSEMENT: Plaintiff is directed to respond by 7/15/11, by letter not to exceed 3 pages, to the request of defendant Empire Film Group Inc as set forth above. (Signed by Judge Victor Marrero on 7/11/11) (cd) |
| Filing 41 ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan Ross dated 6/24/11 re: Request for a premotion conference. ENDORSEMENT: Request GRANTED. A status conference herein is scheduled for 7/25/11 at 10:30 am to address the matter described above by plaintiff. ( Status Conference set for 7/25/2011 at 10:30 AM before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 7/11/11) (cd) |
| Filing 40 RESPONSE BY ERIC PARKINSON TO PLAINTIFF'S REQUEST FOR A PRE-MOTION CONFERENCE. Document filed by Eric Parkinson. (cd) |
| Filing 39 Letter addressed to Judge Victor Marrero from Eric Parkinson dated 7/5/11 re: request to extend time until 7/7 to respond. Document filed by Eric Parkinson.(cd) |
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Filing 38
ENDORSED LETTER addressed to Judge Victor Marrero from Jonathan J. Ross dated 6/24/11 re: counsel for plaintiffs hereby request a pre-motion conference with respect to its motion for summary judgment as to Defendant Eric Parkinson. ENDORSEMENT: Defendant Eric Parkinson is directed to respond by 7/6/11 to the request of plaintiffs set forth above. In the event no response is received by the Court to this Order by the date indicated, the Court may authorize appropriate sanctions. (Signed by Judge Victor Marrero on 6/29/11) (pl) Modified on 6/30/2011 (pl).
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| Filing 37 STATEMENT OF DAMAGES. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Attachments: #1 Text of Proposed Order With Respect to Damages and Other Relief to be Awarded Against Defendant Empire Film Group, Inc., #2 Appendix of Documents Submitted in Support of Proposed Order, Part I, #3 Appendix of Documents Submitted in Support of Proposed Order, Part II)(Ross, Jonathan) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 3/16/2011. (mro) |
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Filing 36
AMENDED SCHEDULING ORDER: 1. By April 1, 2011, Plaintiffs will submit documentation and a proposed order for a determination pertaining to damages as against defendant Empire Film Group, Inc. 2. By April 1, 2011, Parkinson will produce all relevant, responsive documents in his possession, custody, or control, in response to Plaintiffs first request for documents, pursuant to the Order dated July 29, 2010. 3. Parkinson's deposition will take place April 14, 2011. 4. All discovery must be completed by May 27, 2011. 5. Any dispositive pre-trial motions must be served by June 24, 2011. If Judge Marrero requires a pre-motion conference, then this is the deadline to request such a conference. 6. The joint pre-trial order must be filed 30 days after all dispositive motions are decided, or 30 days after June 24, 2011 if no dispositive motions are made, unless Judge Marrero orders otherwise. 7. These are all firm dates and no extensions will be approved. SO ORDERED. Motions due by 6/24/2011. Deposition due by 4/14/2011. Discovery due by 5/27/2011. (Signed by Magistrate Judge James L. Cott on 3/16/2011) Copies Sent By Chambers. (lnl)
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Filing 35
ORDER FOR CONFERENCE PURSUANT TO RULE 16: This action is scheduled for a telephonic case management conference in accordance with Fed. R. Civ. P. 16(a), on Wednesday, March 16 at 11 a.m. Counsel for Plaintiffs and defendant Eric Parkinson are required to call in to chambers (212-805-0250) together.( Telephone Conference set for 3/16/2011 at 11:00 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 3/3/2011) Copies Mailed By Chambers (& by ECF). (mro) Modified on 3/3/2011 (mro).
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Filing 34
DECISION AND ORDER: For the reasons discussed above, it is hereby ORDERED that the Report and Recommendation of Magistrate Judge James Cott dated February 7, 2011 (Docket No. 31) is adopted in its entirety, and the motion of plaintiffs Hounddog Productions L.L.C. and The Motion Picture Group, Inc. ("Plaintiffs") (Docket No. 27) is GRANTED in part and DENIED in part; and it is further ORDERED that this action be stayed as against defendant Dean Hamilton Bornstein ("Bornstein") pending the resolution of bankruptcy proceedings brought by Bornstein; and it is further ORDERED that Plaintiffs submit to Magistrate Judge Cott documentation and a proposed order for a determination pertaining to damages as against defendant Empire Film Group, Inc.; and it is finally ORDERED that Plaintiffs and remaining defendant Eric Parkinson proceed with remaining pretrial proceedings, including submission of a case management plan, before Magistrate Judge Cott. (Signed by Judge Victor Marrero on 3/2/2011) (jpo)
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| Filing 33 RESPONSE AND NOTICE FROM DEFENDANT ERIC PARKINSON. Document filed by Eric Parkinson. ***Accepted for filing by the Honorable James L. Cott on 2/7/11, document number 32. (mro) |
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Filing 32
ORDER. The Clerk of the Court is directed to docket Defendant Parkinson's "Response and Notice from Defendant Eric Parkinson" dated November 22, 2010, and the letter dated December 23, 2010 from Defendant Dean Hamilton Bornstein to the Clerk of the Court, with attachment ("Notice of Stay of Proceeding"). (Signed by Magistrate Judge James L. Cott on 2/7/11); Copies mailed by Chambers. (djc)
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| Filing 31 REPORT AND RECOMMENDATIONS re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer. filed by Hounddog Productions, L.L.C. The Motion Picture Group, Inc. Objections to R&R due by 2/25/2011. (Signed by Magistrate Judge James L. Cott on 2/7/11); Copies sent by Chambers. (djc) |
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Filing 30
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for limited purpose (e.g., dispositive motion, preliminary injunction) The parties are directed that henceforth all correspondence pertaining to case management, scheduling and pretrial proceedings in this action, including amendments of an approved Case Management Plan, extensions of any deadlines, discovery disputes, non-dispositive pretrial motions, and any other proceedings prior to the completion of all discovery, shall be addressed to the designated Magistrate Judge in the first instance, except as may be otherwise authorized by the Court or the Magistrate Judge, and provided that with regard to matters referred to the Magistrate Judge on consent under 28 U.S.c. 636(c), all such communications shall be addressed solely to the Magistrate Judge. Referred to Magistrate Judge James L. Cott. Motions referred to James L. Cott. (Signed by Judge Victor Marrero on 11/8/2010) (lnl)
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| Filing 29 DECLARATION of Jonathan J. Ross in Support re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Attachments: #1 Exhibit A-E to Ross Declaration in Support of Motion to Strike, #2 Exhibit F-J to Ross Declaration in Support of Motion to Strike)(Ross, Jonathan) |
| Filing 28 MEMORANDUM OF LAW in Support re: #27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein. MOTION to Strike Document No. #10 Defendants' Answer, and. MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. MOTION to Strike Document No. #10 Defendants' Answer, and.. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.. (Ross, Jonathan) |
| Filing 27 MOTION for Entry of Default as to Empire Film Group, Inc., Eric Parkinson, and Dean Hamilton Bornstein., MOTION to Strike Document No. #10 Defendants' Answer, and., MOTION for Sanctions against all Defendants and for an Inquest to determine damages and other relief to be awarded to Plaintiffs. Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc..(Ross, Jonathan) |
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Filing 26
ORDER granting #24 Motion to Substitute Attorney. Attorney John Edward Lawlor terminated. Accordingly, the motion is GRANTED and Mr. Lawlor is hereby relieved as counsel for Defendants pursuant to Local Civil Rule 1.4. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 9/10/2010) (jmi)
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| Filing 25 AFFIRMATION of John E. Lawlor, Esq. in Support re: #24 MOTION to Substitute Attorney. Old Attorney: John E. Lawlor, New Attorney:.. Document filed by Empire Film Group, Inc.. (Attachments: #1 Exhibit)(Lawlor, John) |
| Filing 24 MOTION to Substitute Attorney. Old Attorney: John E. Lawlor, New Attorney:. Document filed by Empire Film Group, Inc.. Return Date set for 9/10/2010 at 09:30 AM.(Lawlor, John) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney John Edward Lawlor to RE-FILE Document #23 MOTION to Substitute Attorney. Old Attorney: John E. Lawlor, New Attorney:. ERROR(S): Supporting Documents (Affirmation in Support - Event Type: Replies, Opposition and Supporting Documents) are filed separately, each getting there own Document #. ***REMINDER*** - First Re-File Motion, then file and link any supporting documents. (db) |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Substitute Attorney. Old Attorney: John E. Lawlor, New Attorney:. Document filed by Empire Film Group, Inc. Return Date set for 9/10/2010 at 09:30 AM. (Attachments: #1 Affidavit, #2 Exhibit)(Lawlor, John) Modified on 8/30/2010 (db). |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney John Edward Lawlor to E-MAIL Document No. #22 Order to Show Cause to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 22 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION to Substitute Attorney. Old Attorney: John E. Lawlor, New Attorney:. Document filed by Empire Film Group, Inc. (Attachments: #1 Affidavit in support of Order to Show Cause, #2 Exhibit to Supporting Affirmation)(Lawlor, John) Modified on 8/27/2010 (db). |
| Filing 21 ENDORSED LETTER addressed to Judge Victor Marrero from Eric Parkinson dated 8/13/2010 re: We are concerned that Mr. Lawler has stopped communicating with defendants, and are worried that these actions may jeopardizing both our defenses and counterclaims. ENDORSEMENT: Attorney Caplan & Ross, LLP are directed to respond by 8/18/2010 to the matter set forth above by a representative of defendants. (Signed by Judge Victor Marrero on 8/16/2010) (jpo) |
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Filing 20
ORDER: By 8/27/2010, counsel for defendant, John F. Lawlor, Esq. will either make a motion to be relieved as counsel, or new counsel will be substituted for Mr. Lawlor. By 9/10/2010, defendants will produce all relevant, responsive documents in their possession, custody, or control in response to plaintiffs' first request for documents. The discovery deadline (including for any expert discovery) is extended to 10/29/2010. (Signed by Magistrate Judge James L. Cott on 7/29/2010) (tro)
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Filing 19
ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate James L. Cott. (Signed by Judge Victor Marrero on 7/23/2010) (js) Modified on 7/27/2010 (ae).
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Filing 18
ENDORSED LETTER: addressed to Judge Victor Marrero from Jonathan J. Ross dated 7/22/2010 re: Plaintiffs request that an order be entered at the July 30 conference requiring Defendants to produce all relevant, responsive documents in their possession, custody or control. ENDORSEMENT: The parties are directed to address the matter set forth above to Magistrate Judge James Cott to whom this dispute has been referred for resolution, as well as for supervision of remaining pretrial proceedings, establishing case management schedules as necessary, and settlement. So Ordered. (Signed by Judge Victor Marrero on 7/23/2010) (js)
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| CASE NO LONGER REFERRED to Magistrate Judge James L. Cott. I hereby close the above Order of Reference for magistrate judge statistical purposes. This case remains open. Reason: On June 14, 2010, I held a (three hour) settlement conference with the parties, but was unable to settle this case. It appeared that settlement discussions were premature, as almost no discovery had taken place. I discussed with the parties the possibility of conducting another settlement conference upon conclusion of fact discovery (currently scheduled to end July 30, 2010). I asked the parties to send me a letter at the conclusion of fact discovery to advise whether they were interested in another settlement conference. The will likely advise you where they stand in this regard at the next conference before you, which is presently scheduled for August 6, 2010. Accordingly, the order of reference is being closed (but will be reopened if the parties request a further settlement conference). (mro) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 6/14/2010. The parties were unable to reach a settlement. (mro) |
| Filing 17 NOTICE OF CHANGE OF ADDRESS by Brian D. Caplan on behalf of all plaintiffs. New Address: Caplan & Ross, LLP, 270 Madison Avenue, 13th Floor, New York, New York, 10016, (212)973-2376. (Caplan, Brian) |
| Filing 16 NOTICE OF CHANGE OF ADDRESS by Jonathan James Ross on behalf of all plaintiffs. New Address: Caplan & Ross, LLP, 270 Madison Avenue, 13th Floor, New York, New York, 10016, (212)973-2376. (Ross, Jonathan) |
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Filing 15
ORDER SCHEDULING SETTLEMENT CONFERENCE: This case has been referred to me for settlement purposes by Order dated March 24, 2010. The parties shall appear for a settlement conference on Wednesday, May 12, 2010 at 2 p.m. in Courtroom 18A, United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Magistrate Judge James L. Cott on 3/24/2010) (jfe)
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| CASE NO LONGER REFERRED to Magistrate Judge Andrew J. Peck. I have closed the above reference for magistrate judge statistical purposes. Reason: Reassigned to M.J. Cott. (mro) |
| Filing 14 NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge James L. Cott, for Settlement. Magistrate Judge Andrew J. Peck no longer referred to the case. (ldi) |
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Filing 13
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Andrew J. Peck. ENDORSEMENT: The parties request a settlement conference in about 45 days, during which they will exchange initial discovery and engage in preliminary settlement discontinuance. (Signed by Judge Victor Marrero on 3/19/2010) (jpo)
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| Minute Entry for proceedings held before Judge Victor Marrero: Interim Pretrial Conference held on 3/19/2010. Referred to Magistrate Judge for settlement. Parties to exchange docs for settlement purposes w/in 30 days and mediate before MJ Peck w/in 15-30 days thereafter. Status Conference set for 8/6/2010 at 10:00 AM before Judge Victor Marrero. (tro) |
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Filing 12
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This case is to be tried to a jury. Amended Pleadings due by 4/30/2010. Joinder of Parties due by 4/30/2010. Deposition due by 7/30/2010. Potential third party subpoena 8/30/2010. All Expert Discovery due by 8/31/2010 for Plaintiff and Defendant. All parties do not consent to trial by a Magistrate Judge under 28 U.S.C. 636 (c). Case Management Conference set for 8/6/2010 at 10:00 AM before Judge Victor Marrero. (Signed by Judge Victor Marrero on 3/19/2010) (tro)
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| Filing 11 NOTICE OF INITIAL CONFERENCE: Counsel for all parties are directed to appear for an Initial Case Management Conference set for 3/19/2010 at 01:45 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero. (Signed by Judge Victor Marrero on 3/1/10) (dle) |
| Filing 10 ANSWER to Complaint with JURY DEMAND. Document filed by Empire Film Group, Inc..(Lawlor, John) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Empire Film Group, Inc..(Lawlor, John) |
| Filing 8 STIPULATION: Defendants' time to answer or move in relation to the complaint herein is hereby extended to and including 2/5/2010. Empire Film Group, Inc. answer due 2/5/2010; Dean Hamilton Bornstein answer due 2/5/2010; Eric Parkinson answer due 2/5/2010. (Signed by Judge Victor Marrero on 1/8/2010) (tro) |
| Filing 7 NOTICE OF APPEARANCE by Jonathan James Ross on behalf of Hounddog Productions, L.L.C., The Motion Picture Group, Inc. (Ross, Jonathan) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney John Edward Lawlor to E-MAIL Document No. #4 Stipulation to judgments@nysd.uscourts.gov. This document is not filed via ECF. (db) |
| Filing 6 NOTICE OF APPEARANCE by John Edward Lawlor on behalf of Eric Parkinson (Lawlor, John) |
| Filing 5 NOTICE OF APPEARANCE by John Edward Lawlor on behalf of Dean Hamilton Bornstein (Lawlor, John) |
| Filing 4 FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - CONSENT MOTION for Extension of Time to File Answer or move in relation to the complaint. Document filed by Empire Film Group, Inc. (Lawlor, John) Modified on 1/7/2010 (db). |
| ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Brian D. Caplan for noncompliance with Section (14.3) of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document #2 Rule 7.1 Corporate Disclosure Statement, #3 Rule 7.1 Corporate Disclosure Statement, #1 Complaint to: case_openings@nysd.uscourts.gov. (laq) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hounddog Productions, L.L.C.(laq) (ama). |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Motion Picture Group, Inc.(laq) (ama). |
| Filing 1 COMPLAINT against Empire Film Group, Inc., Dean Hamilton Bornstein, Eric Parkinson. (Filing Fee $ 350.00, Receipt Number 706613)Document filed by Hounddog Productions, L.L.C., The Motion Picture Group, Inc.(laq) (ama). |
| SUMMONS ISSUED as to Empire Film Group, Inc., Dean Hamilton Bornstein, Eric Parkinson. (laq) |
| Magistrate Judge Andrew J. Peck is so designated. (laq) |
| Case Designated ECF. (laq) |
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