DRK Photo v. John Wiley & Sons Incorporated et al
| DRK Photo |
| John Wiley & Sons Incorporated and Unknown Parties |
| 1:2012cv04538 |
| June 11, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| George B. Daniels |
| Copyrights |
| 17 U.S.C. § 501 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 11, 2012. A more recent docket listing may be available from PACER.
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| Filing 37 CASE TRANSFERRED IN from the United States District Court - District of Arizona; Case Number: 3:11-cv-08133. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE REFERRED TO Judge George B. Daniels as possibly related to 11-cv-5454. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
Filing 36
ORDER GRANTING defendants' renewed motion to transfer and TRANSFERRING this action to the United States District Court for the Southern District of New York. (Doc. 31 ). FURTHER ORDERED VACATING the Rule 16 Conference and DENYING defendant's motion to stay or to continue Rule 16 Scheduling Conference as moot. (Doc. 34 ). Signed by Judge Frederick J Martone on 6/8/2012.(KMG) [Transferred from Arizona on 6/11/2012.]
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| Filing 35 REPLY to Response to Motion re 31 MOTION to Dismiss Case (renewed) MOTION to Change Venue/Transfer Case to U.S. District Court for the Southern District of New York (renewed) filed by John Wiley & Sons Incorporated. (Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 34 MOTION to Stay Rule 16 Scheduling Conference, MOTION to Continue Rule 16 Scheduling Conference , MOTION to Vacate Order Setting Scheduling Conference (Doc. 30) by John Wiley & Sons Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 33 Additional Attachments to Main Document re 32 Response in Opposition to Motion , Exhibit A by Plaintiff DRK Photo. (Seidman, Christopher) [Transferred from Arizona on 6/11/2012.] |
| Filing 32 RESPONSE in Opposition re 31 MOTION to Dismiss Case (renewed) MOTION to Change Venue/Transfer Case to U.S. District Court for the Southern District of New York (renewed) filed by DRK Photo. (Seidman, Christopher) [Transferred from Arizona on 6/11/2012.] |
| Filing 31 MOTION to Dismiss Case (renewed), MOTION to Change Venue/Transfer Case to U.S. District Court for the Southern District of New York (renewed) by John Wiley & Sons Incorporated. (Attachments: # 1 Exhibit A -- Order from S.D.N.Y., # 2 Exhibit B -- Docket from S.D.N.Y., # 3 Exhibit C -- Amended Complaint filed with S.D.N.Y.)(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
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Filing 30
ORDER - Scheduling Conference set for 6/15/2012 at 2:00 PM in Courtroom 506, 401 West Washington Street, Phoenix, AZ 85003 before Judge Frederick J Martone. Parties shall submit their joint proposed case management plan not less than five days before the conference. Signed by Judge Frederick J Martone on 4/18/2012. (KAR) [Transferred from Arizona on 6/11/2012.]
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| Filing 29 Corporate Disclosure Statement by John Wiley & Sons Incorporated. (Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 28 ANSWER to 1 Complaint, with Jury Demand by John Wiley & Sons Incorporated.(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
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Filing 27
ORDER DENYING defendant's motion to dismiss or transfer (doc. 18) on grounds of prematurity. Signed by Judge Frederick J Martone on 11/18/2011.(KMG) [Transferred from Arizona on 6/11/2012.]
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Filing 26
ORDER pursuant to General Order 09-08 granting 24 Motion for Admission Pro Hac Vice; granting 25 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Arizona on 6/11/2012.]
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| Filing 25 MOTION for Admission Pro Hac Vice as to attorney Christopher P. Beall by John Wiley & Sons Incorporated. (Beall, Christopher) [Transferred from Arizona on 6/11/2012.] |
| Filing 24 MOTION for Admission Pro Hac Vice as to attorney Robert Penchina by John Wiley & Sons Incorporated. (Penchina, Robert) [Transferred from Arizona on 6/11/2012.] |
| PRO HAC VICE FEE PAID. $ 100, receipt number PHX115919 as to Robert Penchina, Christopher P Beall. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/11/2012.] |
| Filing 23 REPLY to Response to Motion re 18 MOTION to Dismiss Case or Transfer under Rule 12(b)(3) and 28 U.S.C. § 1404(a) MOTION to Change Venue/Transfer Case filed by John Wiley & Sons Incorporated. (Attachments: # 1 Exhibit Declaration of David Andersen)(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 22 RESPONSE in Opposition re 18 MOTION to Dismiss Case or Transfer under Rule 12(b)(3) and 28 U.S.C. § 1404(a) MOTION to Change Venue/Transfer Case filed by DRK Photo. (Attachments: # 1 Exhibit A. Declaration of D. Krasemann, # 2 Exhibit B. Office Location Webpage, # 3 Exhibit C. Declaration of Christopher Seidman, # 4 Exhibit D. Hearing Transcript, # 5 Exhibit E. Order Granting Motion to DIsmiss, VUI v. John Wiley & Sons, # 6 Exhibit F. Proposed Amended Complaint, # 7 Exhibit F-1. Exhibit A to Proposed Amended Complaint, # 8 Exhibit G. S.D.N.Y. Judicial Caseload Profile, # 9 Exhibit H. D.Ariz. Judicial Caseload Profile)(Bruss, Amanda) [Transferred from Arizona on 6/11/2012.] |
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Filing 21
ORDER pursuant to General Order 09-08 granting 20 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Arizona on 6/11/2012.]
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| Filing 20 MOTION for Admission Pro Hac Vice as to attorney Joseph J Barker on behalf of John Wiley & Sons Incorporated. (BAS) [Transferred from Arizona on 6/11/2012.] |
| PRO HAC VICE FEE PAID. $ 50, receipt number PHX115046 as to Joseph J Barker. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/11/2012.] |
| Filing 19 DECLARATION of Ashima Aggarwal re 18 MOTION to Dismiss Case or Transfer under Rule 12(b)(3) and 28 U.S.C. § 1404(a) by Defendant John Wiley & Sons Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 18 *MOTION to Dismiss Case, MOTION to Change Venue/Transfer Case or Transfer under Rule 12(b)(3) and 28 U.S.C. § 1404(a) by John Wiley & Sons Incorporated. (Attachments: # 1 Text of Proposed Order)(Andersen, David). *Incorrect event type selected; entry modified on 10/25/2011 (SAT). [Transferred from Arizona on 6/11/2012.] |
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Filing 17
ORDER denying 12 Motion to Seal.. Signed by Judge Frederick J Martone on 10/18/11.(MAP) [Transferred from Arizona on 6/11/2012.]
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| Filing 16 REPLY to Response to Motion re 12 MOTION to Seal Document 1 Complaint, (Exhibit 3 to Complaint) filed by John Wiley & Sons Incorporated. (Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 15 RESPONSE in Opposition re 12 MOTION to Seal Document 1 Complaint, (Exhibit 3 to Complaint) filed by DRK Photo. (Attachments: # 1 Exhibit 1. Declaration of Michael Harmon, # 2 Exhibit 2. Declaration of Amanda Bruss, # 3 Exhibit 3. Declaration of Robert Folz, # 4 Exhibit 4. Order, Grant Heilman Photog., Inc. v. John Wiley & Sons, Inc.)(Bruss, Amanda) [Transferred from Arizona on 6/11/2012.] |
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Filing 14
ORDER, The court has before it a stipulation in which the parties which to extend the time for the defendant to file a responsive pleading until 21 days after a ruling on a motion to dismiss in another district and in another case Doc. 13 . Such an open ended extension is incompatible with the need for the court to avoid undue delay. Accordingly, the stipulation is rejected. Instead, we will extend the time for a responsive pleading to and including October 21, 2011. No further extensions shall be granted. Signed by Judge Frederick J Martone on 10/4/2011. (KMG) [Transferred from Arizona on 6/11/2012.]
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| Filing 13 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT (Stipulation to Stay Deadline for Defendant to Answer or Otherwise Respond to Plaintiff's Complaint) by John Wiley & Sons Incorporated. (Attachments: # 1 Text of Proposed Order)(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 12 MOTION to Seal Document 1 Complaint, (Exhibit 3 to Complaint) by John Wiley & Sons Incorporated. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
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Filing 11
ORDER pursuant to 10 Stipulation For Extension of Time To Answer Complaint : Defendant John Wiley & Sons, Inc. et al. shall have through October 3, 2011 to answer or otherwise respond to the complaint in thismatter. Signed by Judge Frederick J Martone on 9/21/2011. (ALS) [Transferred from Arizona on 6/11/2012.]
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| Filing 10 STIPULATION FOR EXTENSION OF TIME TO ANSWER COMPLAINT First Request by John Wiley & Sons Incorporated. (Attachments: # 1 Text of Proposed Order Order)(Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 9 NOTICE of Appearance by David Mark Andersen on behalf of John Wiley & Sons Incorporated (Andersen, David) [Transferred from Arizona on 6/11/2012.] |
| Filing 8 AFFIDAVIT of Service for Complaint, Summons, Civil Cover Sheet, Corporate Disclosure Statement, and Notice of Availability of Magistrate Judge served on Sattie Jairam c/o CT Corp., Registered Agent for Service of Process for Defendant John Wiley & Sons, Inc. on August 31, 2011, filed by DRK Photo. (Bruss, Amanda) [Transferred from Arizona on 6/11/2012.] |
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Filing 7
ORDER pursuant to General Order 09-08 granting 6 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. (BAS)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) [Transferred from Arizona on 6/11/2012.]
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| PRO HAC VICE FEE PAID. $ 50, receipt number PHX113116 as to Amanda L Bruss. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) [Transferred from Arizona on 6/11/2012.] |
| Filing 6 MOTION for Admission Pro Hac Vice as to attorney Amanda L. Bruss by DRK Photo. (Bruss, Amanda) [Transferred from Arizona on 6/11/2012.] |
| Filing 5 Summons Issued as to John Wiley & Sons Incorporated. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. [Transferred from Arizona on 6/11/2012.] |
| Filing 4 Filing fee paid, receipt number 0970-5736749. This case has been assigned to the Honorable Frederick J. Martone. All future pleadings or documents should bear the correct case number: CV 11-08133-PCT-FJM. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) [Transferred from Arizona on 6/11/2012.] |
| Filing 3 Corporate Disclosure Statement by DRK Photo (submitted by Amanda Bruss). (REK) [Transferred from Arizona on 6/11/2012.] |
| Filing 2 SUMMONS Submitted by DRK Photo (submitted by Amanda Bruss). (REK) [Transferred from Arizona on 6/11/2012.] |
| Filing 1 COMPLAINT. Filing fee received: $350.00, receipt number 0970-5736749, filed by DRK Photo (submitted by Amanda Bruss). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Civil Cover Sheet)(REK) [Transferred from Arizona on 6/11/2012.] |
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