Garcia v. Lopez

Garcia v. Lopez

Plaintiff:	Tony Garcia Music, Tony Garcia and High Power Records
Defendant:	Sammy Lopez and John Dow
Case Number:	1:2015cv05178
Filed:	July 2, 2015
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	New York
Presiding Judge:	Stewart D Aaron
Referring Judge:	Paul G Gardephe
Nature of Suit:	Copyright
Cause of Action:	28 U.S.C. § 1331 fr
Jury Demanded By:	Plaintiff

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Docket Report

This docket was last retrieved on October 1, 2019. A more recent docket listing may be available from PACER.

Date Filed	Document Text
October 1, 2019	Mailed a copy of #103 Order Adopting Report and Recommendations, #104 Clerk's Judgment, Notice of Appeal Forms to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002. (vba)
September 30, 2019	Filing 104 CLERK'S JUDGMENT re: #103 Order Adopting Report and Recommendations. in favor of High Power Records, Tony Garcia Music, Tony Garcia against Sammy Lopez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 30, 2019, Judge Aaron's R&R is adopted in its entirety and Plaintiffs are awarded (1) $120,000.00 in statutory damages under the Copyright Act and (2) $323.65 in costs; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 09/30/2019) (Attachments: #1 Notice of Right to Appeal)(dt) Transmission to Docket Assistant Clerk for processing.
September 30, 2019	Filing 103 ORDER for #102 Report and Recommendations. The R&R is adopted in its entirety and Plaintiffs are awarded (1) $120,000.00 in statutory damages under the Copyright Act and (2) $323.65 in costs. The Clerk of Court is directed to enter judgment, and to close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/28/19) (yv) Transmission to Orders and Judgments Clerk for processing.
September 30, 2019	Terminate Transcript Deadlines (dt)
August 9, 2019	Filing 102 REPORT AND RECOMMENDATION: I respectfully recommend that the District Judge enter a judgment awarding plaintiff: (i) statutory damages under the Copyright Act in the amount of $120,000.00, and (ii) costs of $323.65. The Clerk of Court is directed to mail a copy of this Report and Recommendation to the pro se Defendant. (Objections to R&R due by 8/23/2019) (Signed by Magistrate Judge Stewart D. Aaron on 8/9/2019) (kl) Transmission to Docket Assistant Clerk for processing.
August 9, 2019	Mailed a copy of #102 Report and Recommendations, to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002. (aea)
July 19, 2019	Filing 101 AFFIDAVIT OF SERVICE of Order Entered with the Court on July 18, 2019 served on Defendant Sammy Lopez on July 19, 2019. Service was made by First Class Mail. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter)
July 18, 2019	Filing 100 ORDER: IT IS HEREBY ORDERED THAT: 1. Defendant shall send to Plaintiffs' counsel and file with the Court its response, if any, to Plaintiffs' submissions no later than August 1, 2019. 2. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties. See Bricklayers & Allied Craftworkers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182,189 (2d Cir. 2015) (quoting Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Cir.1991)); Cement & Concrete Workers Dist. Council Welfare Fund, Pension Fund, Annuity Fund, Educ. & Training Fund & Other Funds v. Metro Found. Contractors Inc., 699 F.3d230, 234 (2d Cir. 2012) (citation omitted). To the extent that any party seeks an evidentiary hearing on the issue of damages, such party must set forth in its submission the reason why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing and the nature of the evidence that would be submitted. Plaintiffs are directed to mail a copy of this Order to the pro se Defendant. (Signed by Magistrate Judge Stewart D. Aaron on 7/18/2019) (jwh)
July 18, 2019	Filing 99 AFFIDAVIT OF SERVICE of Plaintiffs' Amended and Supplemental Proposed Findings of Fact and Conclusions of Law, Declaration of Tony Garcia and June 11, 2019 Order served on Defendant Sammy Lopez on July 18, 2019. Service was made by First Class Mail. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter)
June 28, 2019	Filing 98 DECLARATION of Tony Garcia in Support re: #97 Proposed Findings of Fact. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Attachments: #1 Exhibit A - Artist Engagement Contract, #2 Exhibit B - Artist Engagement Contract, #3 Exhibit C - Exclusive Distribution Agreement, #4 Exhibit D - Co-Publishing Agreement, #5 Exhibit E - Business Certificate, #6 Exhibit F - Vocalist Agreement, #7 Exhibit G - Exclusive Artist Recording Agreement, #8 Exhibit H - Exclusive Artist Recording Agreement, #9 Exhibit I - Exclusive Artist Recording Agreement, #10 Exhibit J - Myspace.com Webpage, #11 Exhibit K - Event Flyer)(Shapiro, Peter)
June 28, 2019	Filing 97 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Tony Garcia, High Power Records, Tony Garcia Music.(Shapiro, Peter)
June 12, 2019	Mailed a copy of #96 Order, to Defendant Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002. (aea)
June 11, 2019	Filing 96 ORDER: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Plaintiffs shall serve Defendant and file Amended and Supplemental Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of default judgment no later than June 28,2019. Plaintiffs shall include with such service a copy of this Order. 2. Defendant shall send to Plaintiffs' counsel and file with the Court its response, if any, to Plaintiff's submissions no later than July 12, 2019. 3. The Court hereby notifies the parties that it may conduct this inquest based solely upon the written submissions of the parties. See Bricklayers & Allied Craft workers Local 2, Albany, N.Y. Pension Fund v. Moulton Masonry & Const., LLC, 779 F.3d 182,189 (2d Cir. 2015) (quoting Action S.A. v. Marc Rich & Co., 951 F.2d 504, 508 (2d Cir.1991)); Cement & Concrete Workers Dist. Council Welfare Fund, Pension Fund, Annuity Fund, Educ. & Training Fund & Other Funds v. Metro Found. Contractors Inc., 699 F.3d230, 234 (2d Cir. 2012) (citation omitted). To the extent that any party seeks an evidentiary hearing on the issue of damages, such party must set forth in its submission the reason why the inquest should not be conducted based upon the written submissions alone, including a description of what witnesses would be called to testify at a hearing and the nature of the evidence that would be submitted. The Clerk of Court is directed to mail a copy of this Order to the pro se Defendant. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/11/2019) (kv) Transmission to Docket Assistant Clerk for processing.
June 11, 2019	Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 6/11/2019. (kl)
May 23, 2019	Mailed a copy of #95 Order, Set Hearings, to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 by Certified Mail # 7017 2680 0000 1025 4663 with Return Receipt Requested. (aea)
May 22, 2019	Filing 95 ORDER FOR TELEPHONE CONFERENCE: This action has been referred to Magistrate Judge Aaron for Inquest After Default/Damages Hearing. (ECF No. 93.) The parties are directed to appear via Telephone for a conference in the above-captioned matter on Tuesday, June 11, 2019, at 2:00 p.m. EDT. During the conference, Plaintiffs should be prepared to discuss next steps. Plaintiffs' counsel shall call the Court's conference line at 212-805-0110 to begin the conference. Pro se Defendant is also invited to participate and should call my chambers at 212-805-0274 at the start of the conference, so that he can be joined to the call. The Clerk of Court is directed to mail a copy of this Order, via certified mail, to the pro se Defendant. SO ORDERED. (Telephone Conference set for 6/11/2019 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 5/22/2019) (kl) Transmission to Docket Assistant Clerk for processing.
May 21, 2019	Filing 94 ORDER OF DEFAULT: It is hereby ORDERED that default is entered against Defendant, and that this matter is referred to Magistrate Judge Aaron for an inquest into damages. The Clerk of the Court is directed not to close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/21/2019) (jca)
May 21, 2019	Filing 93 AMENDED 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 Stewart D. Aaron. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/21/2019) (jca)
May 16, 2019	Minute Entry for proceedings held before Judge Paul G. Gardephe: Show Cause Hearing held on 5/16/2019. (Court Reporter Jennifer Thun) (mr)
May 1, 2019	Filing 92 AFFIDAVIT OF SERVICE of Order to Show Cause for Default Judgment and Supporting Papers served on Sammy Lopez on May 1, 2019. Service was made by Mail. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter)
May 1, 2019	Filing 91 AFFIDAVIT of Peter B. Shapiro in Support re: #90 Order to Show Cause,,,,,,. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Attachments: #1 Exhibit 1 - Amended Complaint, #2 Exhibit 2 - Affidavit of Service, #3 Exhibit 3 - Clerk's Certificate of Default, #4 Exhibit 4 - Proposed Judgment of Default)(Shapiro, Peter)
April 30, 2019	Filing 90 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: It is hereby ORDERED that defendant Sammy Lopez show cause before the Honorable Paul G. Gardephe, United States District Judge, in Courtroom 705, United States Courthouse, 40 Foley Square, New York, New York 10007 on May 16, 2019 at 10:30 a.m. or as soon thereafter as counsel may be heard, why an Order should not be issued pursuant to Rule 55(b) of the Federal Rules of Civil Procedure in favor of plaintiffs Tony Garcia, High Power Records, LLC, and Tony Garcia Music, based on the defendant's failure to plead or otherwise defend against the annexed complaint, and scheduling an inquest at which evidence shall be heard to determine the amount of statutory damages that should be awarded against defendant Sammy Lopez; and it is further ORDERED that service of a copy of this Order and annexed affidavit and exhibits upon defendant Sammy Lopez at his last known address at 410 Grand Street Apt. 7-B, New York, NY 10002, shall be deemed good and sufficient service thereof. The defendant is advised that failure to respond to the Order to Show Cause may be grounds for the granting of a default judgment against him, in which event the defendant will have no trial. The plaintiff shall file proof of service of this Order to Show Cause by May 3, 2019. Any responsive papers must be filed by May 10, 2019. (Show Cause Hearing set for 5/16/2019 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. Show Cause Response due by 5/10/2019.) (Signed by Judge Paul G. Gardephe on 4/30/2019) (jca)
January 4, 2019	Filing 89 CLERK'S CERTIFICATE OF DEFAULT as to Sammy Lopez. (km)
January 4, 2019	Filing 88 AFFIDAVIT of Peter B. Shapiro in Support re: #87 Proposed Clerk's Certificate of Default,. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter)
January 4, 2019	Filing 87 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
January 4, 2019	Filing 86 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Sammy Lopez served on 11/5/2018, answer due 11/26/2018. Service was made by First Class Mail. Document filed by Tony Garcia; Tony Garcia Music; High Power Records. (Shapiro, Peter)
January 3, 2019	Filing 85 AFFIDAVIT of Peter B. Shapiro in Support re: #84 Proposed Clerk's Certificate of Default,. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter)
January 3, 2019	Filing 84 FILING ERROR - DEFICIENT DOCUMENT - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Attachments: #1 Clerk's Certificate of Default) (Shapiro, Peter) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 1/3/2019 (km).
January 3, 2019	***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Peter Shapiro. File the proof of service in the case using an applicable event found under the event list Service of Process. The filing is deficient for the following reason(s): the proof of service of the amended complaint was not filed. Also, please refer to ECF Rule 16.1. The request to enter default is no longer needed. Re-file the proposed clerk's certificate as one entry, then file the affidavit in support as a separate entry. (Filed under other answers, affidavit in support of a non-motion). (km)
November 13, 2018	Received returned mail re: #82 Order on Motion for Leave to File Document. Mail was addressed to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 and was returned for the following reason(s): Return to Sender Attempted Not Known Unable to Forward. (vba)
November 5, 2018	Filing 83 AMENDED COMPLAINT amending #2 Complaint against Sammy Lopez with JURY DEMAND.Document filed by Tony Garcia, Tony Garcia Music, High Power Records. Related document: #2 Complaint.(Shapiro, Peter)
October 31, 2018	Filing 82 ORDER granting #78 Motion for Leave to File Document. For the reasons stated above, it is ORDERED that Plaintiffs' motion for leave to file an Amended Complaint is granted. Plaintiffs will file the an Amended Complaint by November 5, 2018. The Clerk of Court is directed to terminate the motion. (Dkt. No. 78) The Clerk of Court is directed to mail a copy of this Order by certified mail to pro se Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 10/31/2018) (cf) Transmission to Docket Assistant Clerk for processing.
October 31, 2018	Set/Reset Deadlines: Amended Pleadings due by 11/5/2018. (cf)
October 31, 2018	Mailed a copy of #82 Order on Motion for Leave to File Document, to Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 by Certified Mail # 7017 3040 0000 9027 8141. (aea)
October 1, 2018	Received returned mail re: #77 Order, Set Deadlines. Mail was addressed to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 and was returned for the following reason(s): Return to Sender Undeliverable as Addressed Unable to Forward. (vba)
September 24, 2018	Filing 81 Received returned mail re: #74 Order on Motion for Extension of Time. Mail was addressed to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 and was returned for the following reason(s): Return to Sender, Unclaimed, Unable to Forward. (vba) Modified on 9/24/2018 (vba).
September 24, 2018	Received returned mail re: #76 Order on Motion to Adjourn Conference. Mail was addressed to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 and was returned for the following reason(s): Return to Sender, Attempted Not Known, Unable to Forward. (vba)
September 14, 2018	Filing 80 AFFIDAVIT OF SERVICE of Plaintiffs' Notice of Motion for Leave to File Amended Complaint with Annexed Exhibit 1 - Proposed Amended Complaint and the Memorandum of Law in Support of Motion for Leave to File Amended Complaint served on Defendant Sammy Lopez on 9/13/18. Service was made by First Class Mail. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter)
September 13, 2018	Filing 79 MEMORANDUM OF LAW in Support re: #78 MOTION for Leave to File Amended Complaint . . Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Shapiro, Peter)
September 13, 2018	Filing 78 MOTION for Leave to File Amended Complaint . Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Attachments: #1 Exhibit 1 - Proposed Amended Complaint)(Shapiro, Peter)
September 4, 2018	Filing 77 ORDER: It is hereby ORDERED that Plaintiff shall move to amend the Complaint by September 13, 2018. The Clerk of Court is directed to mail a copy of this Order by certified mail to pro se Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002. (Motions due by 9/13/2018.) (Signed by Judge Paul G. Gardephe on 9/4/2018) (cf) Transmission to Docket Assistant Clerk for processing.
September 4, 2018	Mailed a copy of #77 Order, Set Deadlines, to Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 by Certified Mail # 7017 2680 0000 1025 5417 with Return Receipt Requested. (aea)
August 30, 2018	Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 8/30/2018. (Court Reporter Rebecca Forman) (mr)
August 22, 2018	Mailed a copy of #76 Order on Motion to Adjourn Conference, to Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 by certified mail #7017 2680 0000 1025 2638 with Return Receipt Requested. (aea) Modified on 8/22/2018 (aea).
August 21, 2018	Filing 76 ORDER granting #75 Letter Motion to Adjourn Conference. It is hereby ORDERED that the conference in this matter currently scheduled for August 23, 2018 is adjourned to August 30, 2018 at 10:45 a.m. The Clerk of Court is directed to terminate the motion. (Dkt. No. 75) The Clerk of Court is directed to mail a copy of this Order by certified mail to pro se Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002. Status Conference set for 8/30/2018 at 10:45 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 8/21/2018) (cf) Transmission to Docket Assistant Clerk for processing.
August 17, 2018	Filing 75 LETTER MOTION to Adjourn Conference Scheduled for August 23, 2018 addressed to Judge Paul G. Gardephe from Peter B. Shapiro dated August 17, 2018. Document filed by Tony Garcia.(Shapiro, Peter)
August 16, 2018	Set/Reset Hearings: Status Conference set for 8/23/2018 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (cf)
August 16, 2018	Mailed a copy of #74 Order on Motion for Extension of Time, to Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 by Certified Mail # 7017 2680 0000 1025 6360 with Return Receipt Requested. (aea)
August 15, 2018	Filing 74 ORDER denying as moot #69 Letter Motion for Extension of Time. It is ORDERED that there shall be a conference in this matter on August 23, 2018 at 10:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. It is further ORDERED that the reference to Magistrate Judge Aaron for an inquest on damages is withdrawn. (Dkt. No. 58) The motion for an extension of time to submit proof of damages is denied as moot. (Dkt. No. 69) The Clerk of Court is directed to mail a copy of this Order by certified mail to pro se Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 8/10/2018) (cf) Transmission to Docket Assistant Clerk for processing.
August 10, 2018	Filing 73 DECLARATION of Tony Garcia in Support re: #72 Proposed Findings of Fact. Document filed by Tony Garcia, High Power Records, Tony Garcia Music. (Attachments: #1 Exhibit A - Artist Engagement Contract, #2 Exhibit B - Artist Engagement Contract, #3 Exhibit C - Exclusive Distribution Agreement, #4 Exhibit D - Co-Publishing Agreement, #5 Exhibit E - Business Certificate, #6 Exhibit F - Vocalist Agreement, #7 Exhibit G - Exclusive Artist Recording Agreement, #8 Exhibit H - Exclusive Artist Recording Agreement, #9 Exhibit I - Exclusive Artist Recording Agreement, #10 Exhibit J - Myspace.com webpage, #11 Exhibit K - Event Flyer)(Shapiro, Peter)
August 10, 2018	Filing 72 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Tony Garcia, High Power Records, Tony Garcia Music.(Shapiro, Peter)
August 9, 2018	Filing 71 NOTICE OF APPEARANCE by Peter Barrett Shapiro on behalf of High Power Records, Tony Garcia Music. (Shapiro, Peter)
July 25, 2018	Filing 70 MEMO ENDORSEMENT granting #67 Motion. ENDORSEMENT: The Application is granted. (Signed by Judge Paul G. Gardephe on 7/24/2018) (cf)
July 24, 2018	Filing 69 LETTER MOTION for Extension of Time To Comply with Court's Memo Endorsement dated May 24, 2018 to Submit Proof Regarding Damages addressed to Magistrate Judge Stewart D. Aaron from Peter B. Shapiro dated July 24, 2018. Document filed by Tony Garcia.(Shapiro, Peter)
July 20, 2018	Filing 68 MEMORANDUM OF LAW in Support re: #67 MOTION to Reinstate Tony Garcia Music and High Power Records LLC as Plaintiffs . . Document filed by Tony Garcia. (Shapiro, Peter)
July 20, 2018	Filing 67 MOTION to Reinstate Tony Garcia Music and High Power Records LLC as Plaintiffs . Document filed by Tony Garcia.(Shapiro, Peter)
July 9, 2018	Filing 66 ORDER granting #65 Letter Motion for Extension of Time. ENDORSEMENT: Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/9/2018) (kl)
July 9, 2018	Filing 65 LETTER MOTION for Extension of Time to Submit Proof re: Damages addressed to Magistrate Judge Stewart D. Aaron from Peter B. Shapiro dated July 9, 2018. Document filed by Tony Garcia.(Shapiro, Peter)
July 9, 2018	Filing 64 NOTICE OF APPEARANCE by Peter Barrett Shapiro on behalf of Tony Garcia. (Shapiro, Peter)
June 14, 2018	Filing 63 LETTER addressed to Magistrate Judge Stewart D. Aaron from Tony Garcia, dated 6/5/18 re: (DEFAULT JUDGMENT- DAMAGES & AMOUNTS)- Plaintiff informs the Court that the defendant was served the Hearing Order and failed to answer also the default judgment and continues to ignore the notice etc. Document filed by Tony Garcia.(sc)
May 24, 2018	Filing 62 MEMO ENDORSEMENT: on re: #61 Letter filed by Tony Garcia. ENDORSEMENT: Request GRANTED. Plaintiff shall submit any additional proof regarding his damages no later than June 15, 2018. The Clerk of Court shall mail copies of this Memo Endorsement, via certified mail, to the pro se Plaintiff and Defendant. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/24/2018) (ama)
May 24, 2018	Transmission to Docket Assistant Clerk. Transmitted re: #62 Memo Endorsement,, to the Docket Assistant Clerk for case processing. (ama)
May 24, 2018	Mailed a copy of #62 Memo Endorsement to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 and Tony Garcia 131 Broome St. Apt. 3F New York, NY 10002. (mhe)
May 23, 2018	Filing 61 LETTER addressed to Magistrate Judge Stewart D. Aaron from Tony Garcia, dated 5/23/18 re: Plaintiff informs the Court that he would like to proceed pro se by providing submissions of additional proof concerning damages no later than 6/1/18. Document filed by Tony Garcia.(sc)
May 17, 2018	Received returned mail re: #60 Order. Mail was addressed to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 and was returned for the following reason(s): Not deliverable as addressed- "No such Number". (Jackson, Zhane)
May 3, 2018	Received Return Receipt as to Tony Garcia, which was served by Certified Mail # 70172680000010255936. (Jackson, Zhane)
May 3, 2018	Received Return Receipt as to Tony Garcia, which was served by Certified Mail # 70173040000090275164. (Jackson, Zhane)
April 30, 2018	Received returned mail re: Mail Order by Certified Mail, #59 Order, Set Hearings. Mail was addressed to Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 and was returned for the following reason(s): Return to sender, refused. (rro)
April 25, 2018	Received Return Receipt of Mail Order by Certified Mail, as to Sammy Lopez, which was served by Certified Mail # 7017 2680 0000 1025 5943, on 4/19/2018. (rro)
April 16, 2018	Filing 60 ORDER: No later than 30 days from the date of this Order, Plaintiff shall advise this Court of whether he is able to obtain counsel in this case. If Plaintiff is unable to obtain counsel, he shall advise this Court of whether he would like to proceed via in-person hearing on damages, or via providing submissions of additional proof (e.g., CDs or other proof of Defendant's alleged infringing performances). The Clerk of Court is directed to mail a copy of this Order, via certified mail, to the pro se plaintiff and defendant. (Signed by Magistrate Judge Stewart D. Aaron on 4/16/2018) (mro)
April 16, 2018	Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Default Hearing held on 4/16/2018. (kl)
April 16, 2018	Transmission to Docket Assistant Clerk. Transmitted re: #60 Order to the Docket Assistant Clerk for case processing. (mro)
April 16, 2018	Mailed a copy of #60 Order to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 by Certified Mail # 70173040000090275171 with Return Receipt Requested. (mhe)
April 16, 2018	Mailed a copy of #60 Order to Tony Garcia 131 Broome St. Apt. 3F New York, NY 10002 by Certified Mail # 70173040000090275164 with Return Receipt Requested. (mhe)
April 12, 2018	Received returned mail re: #56 Order, Set Hearings. Mail was addressed to Sammy Lopez, 410 Grand Street Apt. 7-B New York, NY 10002 and was returned for the following reason(s): Unclaimed. (Jackson, Zhane)
April 9, 2018	Mailed a copy of #59 Order, Set Hearings to Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 by Certified Mail # 7017 2680 0000 1025 5943; and Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002 by Certified Mail # 7017 2680 0000 1025 5936 with Return Receipt Requested. (rro)
April 6, 2018	Filing 59 ORDER: This action has been referred to Magistrate Judge Aaron for Inquest After Default/Damages Hearing. (ECF No. 58.) A hearing is scheduled to discuss Plaintiff's motion for a default judgment (ECF Nos. 48, 49 and 50) on Monday, April 16, 2018 at 10:00 a.m. EST in Courtroom 11C, 500 Pearl Street, New York, New York 10007. The parties are directed to appear for the hearing. The parties shall be prepared to discuss any damages Plaintiff has incurred as a result of Defendant's actions. The Clerk of Court is directed to mail a copy of this Order, via certified mail, to the pro se plaintiff and defendant. The Clerk of Court is also directed to amend the case name to read as follows: Garcia v. Lopez. SO ORDERED. (Default Hearing set for 4/16/2018 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 4/6/2018) (kl)
April 6, 2018	Transmission to Docket Assistant Clerk. Transmitted re: #59 Order, Set Hearings, to the Docket Assistant Clerk for case processing. (kl)
March 28, 2018	Received returned mail re: Mail Order by Certified Mail,. Mail was addressed to Sammy Lopez at Sammy Lopez, 410 Grand St, Apt 7B, NY, NY 10002 and was returned for the following reason(s): Insufficient address. (mhe)
March 26, 2018	Filing 58 AMENDED 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 Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Paul G. Gardephe on 3/26/2018) (rjm)
March 26, 2018	Filing 57 ORDER OF DEFAULT. It is hereby ORDERED that a default is entered against Defendant Sammy Lopez, and that this matter is referred to Magistrate Judge Stewart Aaron for an inquest into damages and costs. IT IS FURTHER ORDERED that Plaintiff's motion to amend (Dkt. No. 45) is denied as moot, and the Clerk of the Court is directed to terminate the motion. IT IS FURTHER ORDERED that the Clerk of Court is directed not to close this case. So ordered. Denying as moot #45 Motion to Amend/Correct. (Signed by Judge Paul G. Gardephe on 3/21/2018) (rjm)
March 15, 2018	Received Return Receipt of Mail Order by Certified Mail, as to Tony Garcia, which was served by Certified Mail # 7017 2680 0000 1025 6759, on 3/9/2018. (rro)
March 1, 2018	Mailed a copy of #56 Order, Set Hearings to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 by Certified Mail # 7017 2680 0000 1025 6773; and Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002 by Certified Mail # 7017 2680 0000 1025 6759 with Return Receipt Requested. (rro)
February 28, 2018	Filing 56 ORDER: Accordingly, the hearing on Plaintiff's application for a default judgment is adjourned to Wednesday, March 21, 2018 at 10:00 a.m. in Courtroom 705 at Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. If Plaintiff does not appear at this conference, this action will be dismissed for failure to prosecute. The Clerk of Court is directed to mail a copy of this Order by certified mail to pro se Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002, and to pro se Plaintiff Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002. (As further set forth in this Order.) (Show Cause Hearing set for 3/21/2018 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 2/28/2018) (cf)
February 28, 2018	Transmission to Docket Assistant Clerk. Transmitted re: #56 Order to the Docket Assistant Clerk for case processing. (cf)
February 2, 2018	Received returned mail re: #53 Order to Show Cause. Mail was addressed to Sammy Lopez 410 Grand Street Apt7-B New York, NY 10002 and was returned for the following reason(s): Unclaimed. (Arnau, Siomara)
January 29, 2018	Mailed a copy of #54 Order to Show Cause to Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 by Certified Mail # 7002 0860 0002 3986 9967; and Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002 by Certified Mail # 7002 0860 0002 3986 9974 with Return Receipt Requested. (rro)
January 26, 2018	Filing 54 ORDER: Neither Plaintiff nor Defendant appeared for a January 25, 2018 hearing with respect to an order to show cause why a default judgment should not be entered against Defendant. The hearing on Plaintiff's application for a default judgment is adjourned to February 1, 2018 at 11:15 a.m. If Plaintiff does not appear at this conference, it is likely that this action will be dismissed for failure to prosecute. The Clerk of Court is directed to mail a copy of this Order by certified mail to pro se Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002, and to pro se Plaintiff Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002. Show Cause Hearing set for 2/1/2018 at 11:15 AM before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 1/26/2018) (mro)
January 26, 2018	Transmission to Docket Assistant Clerk. Transmitted re: #54 Order to Show Cause, to the Docket Assistant Clerk for case processing. (mro)
January 17, 2018	Received Return Receipt as to Tony Garcia, which was served by Certified Mail # 70020860000239857575, on 01/012018. (Varela, Tiffany)
January 3, 2018	Received Return Receipt of Mail Order by Certified Mail as to Sammy Lopez, which was served by Certified Mail #7002 0860 0002 3985 7582. (O'Sullivan, Mary)
December 27, 2017	Mailed a copy of #53 Order to Show Cause to Tony Garcia 131 Broome St. Apt. 3F New York, NY 10002 by Certified Mail # 7002 0860 0002 3985 7575 with Return Receipt Requested. (rro)
December 27, 2017	Mailed a copy of #53 Order to Show Cause, #48 MOTION for Default Judgment as to. to Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002 by Certified Mail # 71002 0860 0002 3985 7582 with Return Receipt Requested. (rro)
December 26, 2017	Filing 53 ORDER: Upon the motion of Plaintiff Tony Garcia dated November 7, 2017, it is hereby ORDERED that Defendant, Sammy Lopez, or his attorney, show cause before the Hon. Paul G. Gardephe in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York on Thursday, January 25, 2018 at 11:00 a.m., why an order for default judgment should not be entered against Defendant for failing to appear at the June 27, 2017 conference before Magistrate Judge Ellis, failing to respond to Magistrate Judge Ellis's Order to Show Cause by the deadline of July 11, 2017, and failing to defend this action. The Clerk of Court is directed to mail a copy of this Order and Plaintiff's motion for a default judgment, (Dkt. No. 48) by certified mail to pro se Defendant Sammy Lopez, 410 Grand Street, Apt. 7-B, New York, NY 10002. It is further ORDERED that any response by Defendant is to be served and filed by 5:00 P.M. on January 11, 2018. The Clerk of Court is further directed to mail a copy of this order by certified mail to pro se Plaintiff Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002. Show Cause Hearing set for 1/25/2018 at 11:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. Show Cause Response due by 1/11/2018. (Signed by Judge Paul G. Gardephe on 12/26/2017) (mro)
December 26, 2017	Transmission to Docket Assistant Clerk. Transmitted re: #53 Order to Show Cause, to the Docket Assistant Clerk for case processing. (mro)
December 19, 2017	Filing 52 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 6/27/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. (jwh)
December 19, 2017	Filing 51 TRANSCRIPT of Proceedings re: Status Conference held on 6/27/2017 before Magistrate Judge Ronald L. Ellis. Court Reporter/Transcriber: Sara Winkeljohn, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/9/2018. Redacted Transcript Deadline set for 1/19/2018. Release of Transcript Restriction set for 3/19/2018.(jwh)
December 13, 2017	Filing 50 MOTION TO MOVE THE COURT; re: to deliberate and grant monetary, statutory and punitive damages to Plaintiff. Document filed by Tony Garcia.(sc)
December 1, 2017	NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron. Please note that this is a reassignment of the designation only. (jc)
December 1, 2017	NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Stewart D. Aaron, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Ronald L. Ellis no longer referred to the case. Motions referred to Stewart D. Aaron. (jc)
November 29, 2017	Filing 49 MOTION TO MOVE THE COURT; re: for a cease and desist order on the defendant, Sammy Lopez. Document filed by Tony Garcia.(sc)
November 7, 2017	Filing 48 MOTION TO MOVE THE COURT ON A DEFAULT JUDGMENT; re: for Default Judgment as to Mr. Sammy Lopez. Document filed by Tony Garcia.(sc)
June 28, 2017	***DELETED DOCUMENT. Deleted document number #48 Order. The document was incorrectly filed in this case. (js)
June 27, 2017	Filing 47 ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that Lopez SHOW GOOD CAUSE by July 11, 2017,why he should not be sanctioned for his failure to appear at the June 27 conference and why default should not be entered against him for failing to defend this action. (Signed by Magistrate Judge Ronald L. Ellis on 6/27/2017) (js) Copies mailed by Chambers
June 27, 2017	Minute Entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 6/27/2017 at 10:45 a.m. Defendant Sammy Lopez was not present for this conference. (rsh)
June 5, 2017	Filing 46 STATUS CONFERENCE ORDER: You are ORDERED to appear for a STATUS CONFERENCE, to be held on Tuesday, June 27, 2017 at 10:30 a.m. in Courtroom 11C, in front of the Honorable Ronald L. Ellis at 500 Pearl Street, New York, New York 10007. (As further set forth in this Order.) (Status Conference set for 6/27/2017 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 6/5/2017) (cf)
June 2, 2017	Filing 45 PLAINTIFF'S MOTION TO ADD AN AMENDMENT TO CASE NO. ABOVE; Re: to Amend/Correct #2 Complaint. Document filed by Tony Garcia.(sc)
March 2, 2017	Filing 44 LETTER addressed to Judge Paul G. Gardephe from Rachel M. Fritzler dated March 2, 2017 re: Case Status Update. Document filed by Tony Garcia.(Fritzler, Rachel)
January 13, 2017	Filing 43 MEMO ENDORSEMENT on re: #42 Letter filed by Tony Garcia. ENDORSEMENT: As to 15 Civ 5178. (Signed by Judge Paul G. Gardephe on 1/13/2017) (cf)
January 10, 2017	Filing 42 LETTER addressed to Judge Paul G. Gardephe from Rachel M. Fritzler dated January 10, 2017 re: withdrawal of Misty Archambault as pro bono counsel. Document filed by Tony Garcia.(Fritzler, Rachel)
December 30, 2016	Filing 41 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Tony Garcia. (Fritzler, Rachel)
December 16, 2016	Mediator Session Held on 12/14/2016 at Offices of Cravath, Swaine & Moore LLP.(mf)
December 9, 2016	MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 12/14/2016, 10:00 AM at Cravath, Swaine & Moore LLP, 825 Eighth Avenue, New York, NY.(cda)
December 5, 2016	MEDIATOR SESSION NOT HELD Mediator Session scheduled for 12/2/2016 at the Offices of Cravath, Swaine & Moore LLP was NOT held.(mf)
November 29, 2016	Filing 39 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Tony Garcia. (Archambault, Misty)
November 23, 2016	MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 12/2/2016, 10:00 AM at the Offices of Cravath, Swaine & Moore LLP, 825 Eighth Avenue, New York, NY 10019.(cda)
November 22, 2016	Filing 38 NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for Sammy Lopez. (Burke, Michael)
November 21, 2016	ENDORSED LETTER addressed to Judge Paul G. Gardephe from Misty Archambault dated 11/7/16 re: adjournment of status conference before Magistrate Judge Ronald L. Ellis. ENDORSEMENT: GRANTED. Any attorney's representing clients must e-file a notice of appearance on the ECF system. (Signed by Magistrate Judge Ronald L. Ellis on 11/21/2016) (Ellis, Ronald)
November 18, 2016	Mailed a copy of #36 Mediation Referral Order to Tony Garcia 131 Broome St. Apt. 3F New York, NY 10002. (anc)
November 17, 2016	Filing 37 NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediation to take place on December 2, 2016(ms)
November 17, 2016	Filing 36 MEDIATION REFERRAL ORDER: IT IS ORDERED that this case is referred for mediation to the Court's Alternative Dispute Resolution program of mediation. Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation, and the parties are directed to participate in the mediation in good faith. Unless otherwise ordered, the mediation will have no effect upon any scheduling Order issued by this Court, and all parties are obligated to continue to litigate the case. IT IS FURTHER ORDERED that any objection by the Plaintiff to the mediation must be filed within 14 days of this Order. The Clerk of Court is directed to mail a copy of this order to pro se Plaintiff Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 11/28/2016. Mediator Expertise Request due by 11/22/2016. (Signed by Judge Paul G. Gardephe on 11/17/2016) (cf)
November 17, 2016	Transmission to Docket Assistant Clerk. Transmitted re: #36 Mediation Referral Order to the Docket Assistant Clerk for case processing. (cf)
November 7, 2016	Filing 35 CONSENT to Mediation. Document filed by Tony Garcia.(Archambault, Misty)
September 20, 2016	Filing 34 STATUS CONFERENCE ORDER: Status Conference set for 1/3/2017 at 10:30 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (Signed by Magistrate Judge Ronald L. Ellis on 9/20/2016) Copies Mailed, per Chambers. (kko)
September 20, 2016	Minute entry for proceedings held before Magistrate Judge Ronald L. Ellis: Status Conference held on 9/20/2016 at 3:40 p.m. Next status conference is scheduled for January 3, 2017 at 10:30 a.m. (rsh)
September 2, 2016	Filing 33 STATUS CONFERENCE ORDER: You are ORDERED to appear for a STATUS CONFERENCE, to be held on Tuesday, September 20, 2016 at 3:30 p.m., in Courtroom 11C, in front of the Honorable Ronald L. Ellis. No request for adjournment will be considered unless made at least THREE BUSINESS DAYS before the scheduled conference and only after the parties have consulted with each other. Direct inquiries to Rupa Shah, 212-805-0242. (Status Conference set for 9/20/2016 at 03:30 PM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ronald L. Ellis.) (Signed by Magistrate Judge Ronald L. Ellis on 9/2/2016) Copies Mailed By Chambers. (kko)
August 31, 2016	Filing 32 LETTER from Samuel Lopez, dated 8/31/16 re: ANSWER & REQUEST TO FILE MOTION. Document filed by Sammy Lopez.(sc)
August 23, 2016	Mailed a copy of #30 Order on Motion for Default Judgment, #31 Order Referring Case to Magistrate Judge, to Sammy Lopez 410 Grand Street Apt. 7-B New York, NY 10002 and to Tony Garcia 131 Broome St. Apt. 3F New York, NY 10002. (ca)
August 22, 2016	NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ronald L. Ellis. Please note that this is a reassignment of the designation only. (wb)
August 19, 2016	Transmission to Docket Assistant Clerk. Transmitted re: #30 Order on Motion for Default Judgment, to the Docket Assistant Clerk for case processing. (kl)
August 19, 2016	Filing 31 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 Judge Ronald L. Ellis. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/19/2016) (kl)
August 19, 2016	Filing 30 ORDER denying #13 Motion for Default Judgment. For the reasons stated above, Defendant's motion to vacate the Clerk's entry of default (Dkt. No. 19) is granted, and Plaintiff's motion for a default judgment (Dkt. No. 13) is denied. The Clerk of the Court is directed to terminate the motions. Defendant is directed to file an Answer or otherwise respond to the Complaint by September 1, 2016. The Clerk of the Court is directed to mail a copy of this order, via certified mail, to pro se Plaintiff Tony Garcia, 131 Broome St., Apt. 3F, New York, NY 10002, and to pro se Defendant Sammy Lopez, 410 Grand St., Apt. 7-B, New York, NY 10002. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 8/19/2016) (kl) Modified on 8/23/2016 (kl).
August 19, 2016	Filing 29 MEMO ENDORSEMENT denying #22 Motion for Preliminary Injunction; denying #22 Motion for TRO. ENDORSEMENT: This application is denied for the same reasons set forth in this Court's January 14, 2016 Order (Dkt. #10 ). SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/19/2016) (kl)
August 19, 2016	Filing 28 MEMO ENDORSEMENT denying without prejudice #26 Application for the Court to Request Counsel. ENDORSEMENT: The application is denied without prejudice. It is not clear at this time whether Plaintiff's claims have merit. If, at a later point in this litigation, Plaintiff demonstrates that his claims have merit, he may re-apply for the Court to request pro bono counsel. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/19/2016) (kl) Modified on 8/19/2016 (kl).
August 19, 2016	Set/Reset Deadlines: Sammy Lopez answer due 9/1/2016. (kl)
July 1, 2016	Filing 27 LETTER addressed to Judge Paul G. Gardephe from Tony Garcia, dated 7/1/16 re: MY CASE IS ON A STANDSTILL, PLEASE TELL ME WHAT IS THE NEXT MOVE. Document filed by Tony Garcia.(sc)
July 1, 2016	Filing 26 APPLICATION FOR THE COURT TO REQUEST PRO BONO COUNSEL. Document filed by Tony Garcia.(sc)
March 11, 2016	Filing 25 LETTER addressed to Judge Paul G. Gardephe from Tony Garcia re: SIGNATURE PAGE FOR LEAVING TO BRAZIL, DATED 3/11/16. Document filed by Tony Garcia.(sc)
March 10, 2016	Filing 24 LETTER addressed to Judge Paul G. Gardephe from Tony Garcia re: Plaintiff informs the Court that he will be leaving to Brazil from 3/31/16 to 4/17/16 and will return to New York City on 4/19/16, during which time he will not be answering anything. Document filed by Tony Garcia.(sc)
March 9, 2016	Filing 23 AFFIRMATION IN OPPOSITION TO MOTION; re: #19 Letter. Document filed by Tony Garcia. (sc)
March 8, 2016	Filing 22 MOTION; re: for Preliminary Injunction, for Temporary Restraining Order. Document filed by Tony Garcia.(sc)
March 1, 2016	Filing 21 LETTER addressed to Judge Paul G. Gardephe from Tony Garcia, dated 3/1/16 re: MOTION TO CEASE AND DESIST. Document filed by Tony Garcia.(sc)
February 26, 2016	Filing 20 LETTER addressed to Judge Paul G. Gardephe from Tony Garcia, dated 2/26/16 re: MOTION TO DISMISS LETTER FILED FOR AN EXTENSION TO FILE AN ANSWER BY SAMMY LOPEZ ON 2/25/16. Document filed by Tony Garcia.(sc) Modified on 3/1/2016 (sc).
February 25, 2016	Filing 19 LETTER from Sammy Lopez, re: EXTENSION TO FILE AN ANSWER. Document filed by Sammy Lopez.(sc)
February 25, 2016	Filing 18 NOTICE OF APPEARANCE PRO SE by Sammy Lopez. (sc)
February 16, 2016	Filing 17 LETTER from Tony Garcia, re: LIST OF DOCUMENTS SERVED OVERNIGHT EXPRESS TO SAMMY LOPEZ 410 GRAND STREET #7B, NEW YORK, NEW YORK 10002 ON 2/12/16. Document filed by Tony Garcia.(sc)
February 11, 2016	Filing 16 ORDER TO SHOW CAUSE. Upon the declaration of Tony Garcia dated February 8, 2016, it is hereby ORDERED that Defendant SAMMY LOPEZ show cause before the Hon. Paul G. Gardephe in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York on February 25, 2016 at 10:15 a.m. why an order for default judgment should not be entered against Defendant for failing to serve and file an answer after having been served with the summons and complaint herein. It is further ORDERED that a copy of this order, together with the Plaintiff's supporting affidavit and exhibits, shall be served by overnight mail on the Defendant on or before 5:00 p.m. on February 15, 2016. It is further ORDERED that any response by Defendant is to be served and filed by 12:00 p.m. on February 22, 2016. It is further ORDERED that Plaintiff shall docket on the Electronic Case Filing System ("ECF") the affidavit and exhibits he offers in support of his default judgment application. SO ORDERED. (Show Cause Hearing set for 2/25/2016 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 2/10/2016) (adc)
February 9, 2016	Filing 15 LETTER from Tony Garcia dated 2/9/2016 re: Submit a CD video as evidence. Document filed by Tony Garcia.(man)
February 9, 2016	Filing 14 UNSIGNED ORDER TO SHOW CAUSE filed by Tony Garcia. (Attachments: #1 Exhibits)(man)
February 9, 2016	Filing 13 NOTICE OF MOTION for a Default Judgment. Document filed by Tony Garcia.(man)
February 8, 2016	Filing 12 Vacated as per Judge's Order dated 8/19/2016, Doc. #30. CLERK'S CERTIFICATE OF DEFAULT as to Sammy Lopez. (km) Modified on 8/19/2016 (kl). Modified on 8/19/2016 (kl).
February 4, 2016	Minute Entry for proceedings held before Judge Paul G. Gardephe: Status Conference held on 2/4/2016. (Court Reporter Rose Prater) (mr)
January 26, 2016	Filing 11 LETTER addressed to Judge Paul G. Gardephe from Tony Garcia, dated 1/26/16 re: Plaintiff requests that the Court appoint an attorney to represent him in these matters. Document filed by Tony Garcia.(sc)
January 15, 2016	Filing 10 MEMO ENDORSEMENT on re: #9 Order to Show Cause - Unsigned filed by Tony Garcia Music. ENDORSEMENT: This application is denied. As an initial matter, it has not been properly served. Even if it had been served on Defendant, this conclusory language is not sufficient to support the issuance of a preliminary injunction. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/14/2016) (adc)
January 13, 2016	Filing 9 UNSIGNED ORDER TO SHOW CAUSE filed by Tony Garcia Music. (vn)
December 10, 2015	Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 12/10/2015, ( Status Conference set for 2/4/2016 at 12:30 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.). (Court Reporter Alena Lynch) (mr)
October 23, 2015	Filing 8 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 12/10/2015 at 10:30 AM in Courtroom 705, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe, and as further set forth in this Order. The Clerk of Court is directed to mail a copy of this Order, via certified mail, to Tony Garcia, 131 Broome St., Apt. 3F, New York, New York 10002. (Signed by Judge Paul G. Gardephe on 10/23/2015) (rjm)
October 23, 2015	Transmission to Docket Assistant Clerk. Transmitted re: #8 Order for Initial Pretrial Conference to the Docket Assistant Clerk for case processing. (rjm)
October 23, 2015	Mailed a copy of #8 Order for Initial Pretrial Conference, to Tony Garcia 131 Broome St. Apt. 3F New York, NY 10002 by Certified Mail # 70022030000386749731 with Return Receipt Requested. (soh)
October 8, 2015	Filing 7 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Complaint served. Sammy Lopez served on 9/30/2015, answer due 11/30/2015. Service was made by Mail. Document filed by Tony Garcia. (sc)
September 21, 2015	Received Form U.S.M.-285 for defendant(s): Sammy Lopez on 9/18/2015. Summons to be issued listing these defendants for service of #2 Complaint. (sbr)
September 21, 2015	SUMMONS ISSUED as to Sammy Lopez. (sbr)
September 21, 2015	FRCP 4 Service Package Hand Delivered to U.S.M.: Package hand delivered to U.S.M. on 9/21/2015 per the instructions of Judge Paul G. Gardephe. See #5 Order of Service, Set Deadlines/Hearings, Terminate Motions. (sbr)
September 16, 2015	Filing 6 LETTER addressed to Judge Paul G. Gardephe from Tony Garcia, dated 9/16/15 re: WITHDRAW OF ONE DEFENDANT(YOU TUBE) (GOOGLE, INC.). Document filed by Tony Garcia.(sc)
August 21, 2015	Filing 5 ORDER OF SERVICE: The claims of High Power Records and Tony Garcia Music, including those against Defendant "John Do[e]," are dismissed without prejudice.The Clerk of Court is instructed to send Plaintiff Tony Garcia one U.S. Marshals Service Process Receipt and Return form for Defendant Sammy Lopez in order that he may be served as provided. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). The Clerk of the Court is directed to mail a copy of this order, via certified mail,to Pro Se Plaintiff Tony Garcia, 131 Broome St. Apt. 3F, New York, NY 10002 and High Power Records, 128 E. Broadway,# 822, New York, NY 10002. SO ORDERED., ( USM-285 Form due by 9/21/2015., Request for Issuance of Summons due by 9/21/2015.) (Signed by Judge Paul G. Gardephe on 8/21/2015) The Clerks Office Has Mailed Copies. (ama)
August 21, 2015	FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 8/21/2015 via Regular Mail. The information package included: Initial Case Memo Letter, a copy of the Order of Service, United States Marshal (U.S.M.-285) forms (One For Each Defendant), a Notice of Change of Address to use if your contact information changes, a Notice about The Manual for Pro Se Litigants appearing before the Southern District of New York, Judge's individual rules, instructions on how to file a motion and opposition, instructions on filing an amended complaint, application for counsel, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (sbr)
August 7, 2015	Mailed notice re: Notice of Case Assignment/Reassignment to the Plaintiff(s) of record. (sbr)
August 6, 2015	Filing 3 ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Loretta A. Preska on 8/6/2015) (sbr)
August 6, 2015	NOTICE OF CASE ASSIGNMENT to Judge Paul G. Gardephe. Judge Unassigned is no longer assigned to the case. (pgu)
August 6, 2015	Mailed a copy of #3 Order Granting IFP Application to Tony Garcia at 131 Broome St.Apt. 3FNew York, NY 10002. (sbr)
August 6, 2015	Magistrate Judge Frank Maas is so designated. (pgu)
July 2, 2015	Filing 2 COMPLAINT against John Dow, Sammy Lopez. Document filed by Tony Garcia, Tony Garcia Music, High Power Records. (Attachments: #1 Main Document)(sac)
July 2, 2015	Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Tony Garcia.(sac)
July 2, 2015	Case Designated ECF. (sac)

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Plaintiff: Tony Garcia Music
Represented By:	Peter Barrett Shapiro
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Plaintiff: Tony Garcia
Represented By:	Peter Barrett Shapiro
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Plaintiff: High Power Records
Represented By:	Peter Barrett Shapiro
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Defendant: Sammy Lopez
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Defendant: John Dow
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