Munoz et al v. Photobucket Corporation et al
| Brittany Munoz and Georgia Cleary |
| News Corp. Digital Media, Inc., Gina Buffalino, John Doe, MySpace, Corp., Photobucket.com, Inc. (sued herein as Photobucket, Inc.), Jane Doe, News Corp., New Corp Digital Media, Photobucket, Inc., New Corporation, Inc., Philip Dayton, Donald Kushnick, Specific Media Group, Ltd., Pasquale Buffalino, Danielle Dudeck, Nina Buffalino, Ontela, Inc., MySpace, MySpace, Inc., Photobucket Corporation, MySpace LLC, Fox Interactive Media, Inc., John Doe, Inc./John Doe, Corp., Specific Media, LLC, Nia Buffalino, News Corporation, Specific Media Group and Fox Interactive Media |
| 1:2013cv00898 |
| February 6, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G Koeltl |
| Copyright |
| 17 U.S.C. § 101 |
| None |
Docket Report
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This docket was last retrieved on October 15, 2013. A more recent docket listing may be available from PACER.
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Filing 40
ORDER OF DISCONTINUANCE: It having been reported to this Court that the parties have settled this action, It is, on this 15th day of October, 2013, hereby ordered that this matter be discontinued with prejudice but without costs; provided, however, that within 30 days of the date of this order, counsel for the plaintiff may apply by letter for restoration of the action to the calendar of the undersigned, in which event the action will be restored.(Signed by Judge John G. Koeltl on 10/15/2013) (djc)
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| Filing 39 FIRST LETTER addressed to Judge John G. Koeltl from Edward G. Bailey dated October 11, 2013 re: Munoz v. Photobucket, et al.. Document filed by Georgia Cleary.(Bailey, Edward) |
| Filing 38 STIPULATION OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties, that pursuant to Fed. R. Civ. P. 41(a)(1)(ii) the above-captioned action is dismissed as against the Photobucket, Myspace and Fox Defendants with prejudice and without costs, expenses, or attorneys' fees to any Party., MySpace, MySpace LLC, MySpace, Corp., MySpace, Inc., Photobucket Corporation, Photobucket, Inc., Photobucket.com, Inc. (sued herein as Photobucket, Inc.), Fox Interactive Media and Fox Interactive Media, Inc. terminated. (Signed by Judge John G. Koeltl on 9/26/2013) (lmb) |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 9/25/2013. (sc) |
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Filing 37
ORDER: As stated at today's conference, the parties should advise the Court as to the status of the case by October 11, 2013. (Signed by Judge John G. Koeltl on 9/25/2013) (djc)
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| Filing 36 NOTICE of Court Conference:You are directed to appear for a telephone conference, to be held on Wednesday, September 25, 2013, at 11:00 am before the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court.Counsel for the plaintiffs shall arrange the conference, by contacting all parties and then contacting the Court at (212) 805-0222. Telephone Conference set for 9/25/2013 at 11:00 AM before Judge John G. Koeltl. (js) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Mark Lerner Document #35 Stipulation of Voluntary Dismissal, was referred to Judge John G. Koeltl for approval. (jno) |
| Filing 35 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Photobucket Corporation, Photobucket.com, Inc. (sued herein as Photobucket, Inc.), Fox Interactive Media, Fox Interactive Media, Inc., MySpace, MySpace LLC, MySpace, Corp., MySpace, Inc., New Corp Digital Media, New Corporation, Inc., News Corp., News Corp. Digital Media, Inc., News Corporation, Ontela, Inc., Photobucket, Inc., Specific Media Group, Specific Media Group, Ltd., Specific Media, LLC and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Photobucket Corporation, Photobucket.com, Inc. (sued herein as Photobucket, Inc.).(Lerner, Mark) Modified on 9/19/2013 (jno). |
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Filing 34
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time within which the undersigned Defendants may answer, move or otherwise respond to Plaintiffs' Complaint is hereby extended to and including September 18, 2013 as further set forth in this order., Gina Buffalino answer due 9/18/2013; Nia Buffalino answer due 9/18/2013; Nina Buffalino answer due 9/18/2013; Pasquale Buffalino answer due 9/18/2013; Philip Dayton answer due 9/18/2013; Jane Doe answer due 9/18/2013; Jane Doe answer due 9/18/2013; John Doe answer due 9/18/2013; Danielle Dudeck answer due 9/18/2013; Fox Interactive Media answer due 9/18/2013; Fox Interactive Media, Inc. answer due 9/18/2013; John Doe, Inc./John Doe, Corp. answer due 9/18/2013; Donald Kushnick answer due 9/18/2013; MySpace answer due 9/18/2013; MySpace LLC answer due 9/18/2013; MySpace, Corp. answer due 9/18/2013; MySpace, Inc. answer due 9/18/2013; New Corp Digital Media answer due 9/18/2013; New Corporation, Inc. answer due 9/18/2013; News Corp. answer due 9/18/2013; News Corp. Digital Media, Inc. answer due 9/18/2013; News Corporation answer due 9/18/2013; Ontela, Inc. answer due 9/18/2013; Photobucket Corporation answer due 9/18/2013; Photobucket, Inc. answer due 9/18/2013; Photobucket.com, Inc. (sued herein as Photobucket, Inc.) answer due 9/18/2013; Specific Media Group answer due 9/18/2013; Specific Media Group, Ltd. answer due 9/18/2013; Specific Media, LLC answer due 9/18/2013. (Signed by Judge Lorna G. Schofield, Part 1 on 8/19/2013) (lmb)
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Filing 33
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time within which the undersigned Defendants may answer, move or otherwise respond to Plaintiffs' Complaint is hereby extended to and including August 19, 2013. Gina Buffalino answer due 8/19/2013; Nia Buffalino answer due 8/19/2013; Nina Buffalino answer due 8/19/2013; Pasquale Buffalino answer due 8/19/2013; Philip Dayton answer due 8/19/2013; Jane Doe answer due 8/19/2013; Jane Doe answer due 8/19/2013; John Doe answer due 8/19/2013; Danielle Dudeck answer due 8/19/2013; Fox Interactive Media answer due 8/19/2013; Fox Interactive Media, Inc. answer due 8/19/2013; John Doe, Inc./John Doe, Corp. answer due 8/19/2013; Donald Kushnick answer due 8/19/2013; MySpace answer due 8/19/2013; MySpace LLC answer due 8/19/2013; MySpace, Corp. answer due 8/19/2013; MySpace, Inc. answer due 8/19/2013; New Corp Digital Media answer due 8/19/2013; New Corporation, Inc. answer due 8/19/2013; News Corp. answer due 8/19/2013; News Corp. Digital Media, Inc. answer due 8/19/2013; News Corporation answer due 8/19/2013; Ontela, Inc. answer due 8/19/2013; Photobucket Corporation answer due 8/19/2013; Photobucket, Inc. answer due 8/19/2013; Photobucket.com, Inc. (sued herein as Photobucket, Inc.) answer due 8/19/2013; Specific Media Group answer due 8/19/2013; Specific Media Group, Ltd. answer due 8/19/2013; Specific Media, LLC answer due 8/19/2013. (Signed by Judge John G. Koeltl on 7/22/2013) (ft)
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| Set/Reset Deadlines: Photobucket Corporation answer due 7/19/2013; Photobucket, Inc. answer due 7/19/2013; Photobucket.com, Inc. (sued herein as Photobucket, Inc.) answer due 7/19/2013. (djc) |
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Filing 32
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, that the time within which the undersigned Defendants may answer, move or otherwise respond to Plaintiffs' Complaint is hereby extended to and including July 19, 2013. Signed by Judge John G. Koeltl on 6/18/2013) (djc) Modified on 6/21/2013 (djc).
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| Filing 31 ANSWER to Complaint (Notice of Removal). Document filed by Danielle Dudeck. (sc) |
| Filing 30 ANSWER to Complaint(Notice of Removal). Document filed by Philip Dayton.(sc) Modified on 6/11/2013 (sc). |
| Filing 29 NOTICE OF APPEARANCE Pro Se. by Danielle Dudeck (sc) |
| Filing 28 NOTICE OF APPEARANCE Pro SE. by Philip Dayton (sc) |
| Filing 27 ANSWER to Complaint(Notice of Removal). Document filed by Donald Kushnick.(sc) Modified on 6/11/2013 (sc). |
| Filing 26 NOTICE OF APPEARANCE Pro Se. by Donald Kushnick (sc) |
| Filing 25 MEMORANDUM OF LAW in Support re: #24 MOTION for Judgment on the Pleadings or, Alternatively. MOTION to Dismiss.. Document filed by MySpace LLC, Specific Media, LLC. (Silverman, William) |
| Filing 24 MOTION for Judgment on the Pleadings or, Alternatively., MOTION to Dismiss. Document filed by MySpace LLC, Specific Media, LLC. (Attachments: #1 Exhibit Certificate of Service)(Silverman, William) |
| Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Settlement Conference held on 5/29/2013. (mro) |
| Filing 23 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Interactive Media Holdings, Inc. for Specific Media, LLC. Document filed by Specific Media, LLC.(Mantell, Wendy) |
| Filing 22 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Interactive Media Holdings, Inc. for MySpace LLC. Document filed by MySpace LLC.(Mantell, Wendy) |
| ***NOTE TO ATTORNEY TO RE-FILE DOCUMENTS - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Wendy M Mantell to RE-FILE Documents #20 Rule 7.1 Corporate Disclosure Statement & #21 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (lb) |
| Filing 21 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Specific Media, LLC.(Mantell, Wendy) Modified on 5/7/2013 (lb). |
| Filing 20 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by MySpace LLC.(Mantell, Wendy) Modified on 5/7/2013 (lb). |
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Filing 19
ORDER: IT IS HEREBY ORDERED that a settlement conference shall be held in the above-captioned action on May 29, 2013, at 2:30 p.m., in courtroom 228,40 Centre Street, New York, New York. The parties are directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, a copy of which is being provided to the parties with this Order. Additionally, at least seven days prior to the settlement conference, the parties must confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the conference date, they must notify the undersigned, in writing, expeditiously. ( Settlement Conference set for 5/29/2013 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/29/2013) (js)
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| Filing 18 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Photobucket Corporation.(Lerner, Mark) |
| Filing 17 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Photobucket.com, Inc. (sued herein as Photobucket, Inc.).(Lerner, Mark) |
| Filing 16 NOTICE OF APPEARANCE by Mark Alan Lerner on behalf of Photobucket Corporation, Photobucket.com, Inc. (sued herein as Photobucket, Inc.) (Lerner, Mark) |
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Filing 15
ORDER: As stated at the conference held yesterday, the case has been referred to the magistrate judge for purposes of settlement. The defendants' time to move or answer is extended to three weeks after the conference with the magistrate judge. No additional pre-motion conference before a motion is necessary. (Signed by Judge John G. Koeltl on 4/17/2013) (djc)
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Filing 14
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 Kevin Nathaniel Fox. (Signed by Judge John G. Koeltl on 4/17/2013) (djc)
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| Minute Entry for proceedings held before Judge John G. Koeltl: Interim Pretrial Conference held on 4/16/2013. (js) |
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE: granting #12 Motion for Ian Charles Ballon to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 4/5/2013) (sac)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Ian Charles Ballon to Appear Pro Hac Vice - Refiled. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bwa) |
| Filing 12 MOTION for Ian Charles Ballon to Appear Pro Hac Vice - Refiled. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MySpace LLC, Specific Media, LLC. (Attachments: #1 Exhibit Certificate of Good Standing from District of Columbia Court of Appeals, #2 Exhibit Certificate of Good Standing from Court of Appeals of Maryland, #3 Exhibit Certificate of Good Standing from Supreme Court of California, #4 Text of Proposed Order Granting Admissioin Pro Hac Vice)(Ballon, Ian) |
| Filing 11 NOTICE OF APPEARANCE by Anthony Vincent Gentile on behalf of Georgia Cleary, Brittany Munoz (Gentile, Anthony) |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Fox Interactive Media, Inc., News Corp..(Rosenfeld, James) |
| Filing 10 PLAINTIFFS' COMPLAINT AND DEMAND FOR A JURY TRIAL against All Defendants. Document filed by Brittany Munoz, Georgia Cleary.(pl) |
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Filing 8
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned that the time within which the Defendants may answer, move or otherwise respond to Plaintiffs' Complaint, which has been served by e-mail and accepted by defense counsel, is hereby extended to and including thirty (30) days after the following two events: (i) Plaintiffs have filed the Complaint with the Court in accordance with the Court's directives, or have otherwise filed the Complaint; and, (ii) the Complaint appears on the Court's electronic docket. It is further stipulated and agreed that Defendants hereby waive any and all jurisdictional defense(s) based solely on Plaintiffs' failure and/or inability to file affidavits of service attesting to the service of summonses with notice upon Defendants. Defendants do not waive any other defenses, jurisdictional or otherwise. Defendants have not made any previous requests to this Court for adjournment or extension. (Signed by Judge John G. Koeltl on 3/12/2013) (djc) Modified on 3/12/2013 (djc).
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| Filing 7 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Ian C. Ballon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8313388. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by MySpace LLC, Specific Media, LLC. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Text of Proposed Order Granting Pro Hac Vice Admission)(Ballon, Ian) Modified on 3/12/2013 (bcu). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. #7 MOTION for Ian C. Ballon to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8313388. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificates of Good Standing must be issued by the State Court.. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) |
| Filing 6 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Tuesday, April 16, 2013 in Courtroom 12B, at 4:30pm in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107.(mro) |
| Filing 5 NOTICE OF APPEARANCE by Wendy M Mantell on behalf of MySpace LLC, Specific Media, LLC (Mantell, Wendy) |
| Filing 4 NOTICE OF APPEARANCE by William Charles Silverman on behalf of MySpace LLC, Specific Media, LLC (Silverman, William) |
| Filing 3 NOTICE OF APPEARANCE by Ryan Frazer Harsch on behalf of MySpace LLC, Specific Media, LLC (Harsch, Ryan) |
| Filing 2 AFFIDAVIT OF SERVICE of Summons with Notice served on Philip Dayton, Donald Kushnick, Danielle Dudeck, Jane Doe on 1-5-2013. Service was accepted by Donald Kushnick. Document filed by Philip Dayton, Danielle Dudeck, Donald Kushnick. (Gentile, Anthony) |
| Mailed notice to Register of Copyrights to report the filing of this action. (msa) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 156385-12. (Filing Fee $ 350.00, Receipt Number 465401059445).Document filed by Fox Interactive Media, Inc., News Corporation. (Attachments: #1 Part 2)(msa) |
| Case Designated ECF. (msa) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (msa) |
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