Fischer v. Forrest
Plaintiff: James H. Fischer
Defendant: Stephen T. Forrest
Case Number: 1:2014cv01304
Filed: February 27, 2014
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Paul A. Engelmayer
Nature of Suit: Other Contract
Cause of Action: 15 U.S.C. ยง 1125
Jury Demanded By: Plaintiff
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Date Filed Document Text
February 16, 2018 Opinion or Order Filing 197 OPINION AND ORDER: re: (172 in 1:14-cv-01307-PAE-AJP) MOTION for Summary Judgment filed by Stephen T. Forrest, Jr., Stephen T Forrest, Shane R. Gebauer, Brushy Mountain Bee Farm, Inc., Sandra F. Forrest, (170 in 1:14-cv-01304-PAE-AJP) MOTION for Summary Judgment filed by Stephen T. Forrest, Jr., Brushy Mountain Bee Farm, Inc., Shane R. Gebauer, Sandra F. Forrest. For the foregoing reasons, the Court grants Brushy's motions for summary judgment.The Clerk of Court is respectfully directed to close the motions pending at 14 Civ. 1304, Dkt. 170, and 14 Civ. 1307, Dkt. 172, and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/16/2018) (ama)
March 21, 2017 Opinion or Order Filing 153 OPINION & ORDER adopting REPORT & RECOMMENDATION (132 in 1:14-cv-1304-PAE-AJP)(147 in 1:14-cv-1307-PAE-AJP) re: (108 in 1:14-cv-01304-PAE-AJP) MOTION to Dismiss filed by Stephen T. Forrest, Jr., Sandra F. Forrest; (102 in 1:14-cv-01304- PAE-AJP) MOTION to Dismiss filed by Brushy Mountain Bee Farm, Inc.; (105 in 1:14-cv-01304-PAE-AJP) MOTION to Dismiss filed by Shane R. Gebauer; (126 in 1:14-cv-01307-PAE-AJP) MOTION to Dismiss filed by Shane R. Gebauer; (123 in 1:14-cv-01307-PAE-AJP) MOTION to Dismiss filed by Brushy Mountain Bee Farm, Inc. For the foregoing reasons, the Court adopts Judge Peck's Report in its entirety, and grants in part and denies in part defendants& #039; motion to dismiss. Specifically, the Court (1) denies the motion to dismiss the entirety of Fischer's copyright infringement claims, but grants the motion to dismiss those copyright infringement claims against BMBF that accrued before D ecember 28, 2012 and those copyright infringement claims against Gebauer that accrued before February 3, 2012; (2) grants the motion to dismiss Fischer's trademark counterfeiting claims brought in 14 Civ. 1304; and (3) grants the motion to d ismiss Fischer's state-law right of publicity claim in 14 Civ. 1304. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 102, 105, and 108, in 14 Civ. 1304, and at Dkts. 123 and 126, in 14 Civ. 1307. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/21/2017) (anc)
February 28, 2017 Opinion or Order Filing 151 OPINION & ORDER: The December 1, 2015 amendments to the Federal Rules of Civil Procedure are now 15 months old. It is time for all counsel to learn the now-current Rules and update their "form" files. From now on in cases before this Court, any discovery response that does not comply with Rule 34's requirement to state objections with specificity (and to clearly indicate whether responsive material is being withheld on the basis of objection) will be deemed a waiver of all objections (except as to privilege). (Signed by Magistrate Judge Andrew J. Peck on 2/28/2017) (cla)
February 16, 2016 Opinion or Order Filing 92 OPINION & ORDER adopting Report and Recommendations [87 in case no. 14cv1304]; [110 in case no. 14cv1307] (R&R#1) and [91 in case no. 14cv1304]; [112 in case no. 14cv1307] (R&R#2) re: (74 in 1:14-cv-01307-PAE-HBP) MOTION to Strike Document No. ( 73). filed by James H Fischer, (55 in 1:14-cv-01304-PAE-HBP) MOTION to Dismiss Second Amended Complaint filed by Shane R. Gebauer, (54 in 1:14-cv-01304-PAE-HBP) MOTION to Strike Document No. (53). filed by James H. Fischer, (75 in 1:14 -cv-01307-PAE-HBP) MOTION to Dismiss Second Amended Complaint. filed by Shane R. Gebauer. The Court therefore adopts R&R #1 and R&R #2 in full, and for the reasons stated therein, denies defendants' motion to dismiss the Second Amen ded Complaint without prejudice as moot, and denies plaintiff's motion to strike defendants' answers and affirmative defenses asserted with respect to the Second Amended Complaint as moot. The Clerk of Court is respectfully directed to close the motions pending in 14 Civ. 1304 at dockets 54 & 55, and in 14 Civ. 1307 at dockets 74 & 75. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 2/16/2016) (tro) Modified on 2/16/2016 (tro).
November 20, 2015 Opinion or Order Filing 80 OPINION AND ORDER re: (100 in 1:14-cv-01307-PAE-HBP) LETTER MOTION for Extension of Time of Scheduling Order Deadlines addressed to Magistrate Judge Henry B. Pitman from Oscar Michelen dated November 13, 2015. filed by James H Fischer, ( 78 in 1:14-cv-01304-PAE-HBP, 78 in 1:14-cv-01304-PAE-HBP) LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Henry B. Pitman from Oscar Michelen dated October 30, 2015. LETTER MOTION for Extension of Time to Amend addressed to Magistrate Judge Henry B. Pitman from Oscar Michelen dated October 30, 2015. filed by James H. Fischer, (98 in 1:14-cv-01307-PAE-HBP, 98 in 1:14-cv-01307-PAE-HBP) LETTER MOTION for Extension of Time to A mend addressed to Magistrate Judge Henry B. Pitman from Oscar Michelen dated October 30, 2015. LETTER MOTION for Extension of Time to Complete Discovery addressed to Magistrate Judge Henry B. Pitman from Oscar Michelen dated Oc tober 30, 2015. filed by James H Fischer. 1. Plaintiff shall serve and file his motion to amend the complaints in both of the above-captioned matters no later than November 23, 2015. Defendants shall serve and file their opposition no later than Dece mber 14, 2015. Any reply papers shall be served and filed no later than December 16, 2015. Oral argument on the motion will be held on December 18, 2015 at 10:00 a.m. in Courtroom 18A, at the United States Courthouse, 500 Pearl Street, New York, New York. These dates are firm and will not be extended except for extraordinary cause. 2. The deadline for the conclusion of fact discovery in both matters is extended to February 18, 2016. 3. The Clerk of the Court is directed to mark Docket Item 78 in 14 Civ. 1304 and Docket Items 98 and 100 in 14 Civ. 1307 as closed., ( Fact Discovery due by 2/18/2016., Motions due by 11/23/2015., Responses due by 12/14/2015, Replies due by 12/16/2015.), ( Oral Argument set for 12/18/2015 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 11/18/2015) Copies Sent By Chambers. (lmb)
January 13, 2015 Opinion or Order Filing 45 OPINION& ORDER #105140: re (51 in 1:14-cv-01307-PAE) MOTION to Dismiss Pursuant to Rule 12(b)(6). filed by Stephen T. Forrest, Jr., Stephen T Forrest, Sandra F. Forrest, (45 in 1:14-cv-01307-PAE) MOTION to Dismiss Complaint in 14cv1307 filed on February 27, 2014 pursuant to FRCP 12(b)(6). filed by Stephen T Forrest, (30 in 1:14-cv-01304-PAE) MOTION to Dismiss Amended Complaint in 14cv1304 filed on May 27, 2014 pursuant to FRCP 12(b)(6). filed by Stephen T. Forrest, Sand ra F. Forrest. For the foregoing reasons, Forrest's motion to dismiss is denied in its entirety. An order regarding next steps in this litigation will issue shortly. The Clerk of Court is directed to terminate the motions pending at 14 Civ. 1304, Dkt. 30; 14 Civ. 1307, Dkt. 45; and 14 Civ. 1307, Dkt. 51. (Signed by Judge Paul A. Engelmayer on 1/13/2015) (djc) Modified on 1/14/2015 (ca).
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Plaintiff: James H. Fischer
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Defendant: Stephen T. Forrest
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