Freeplay Music, LLC v. Discount Retail Store Services Co, LLC
| Freeplay Music, LLC |
| Discount Retail Store Services Co, LLC |
| 1:2016cv00405 |
| January 19, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul G Gardephe |
| Katharine H Parker |
| Copyright |
| 17 U.S.C. § 501 |
| Both |
Docket Report
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This docket was last retrieved on March 29, 2017. A more recent docket listing may be available from PACER.
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| Filing 37 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 3/29/2017 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (cf) |
Filing 36
ORDER OF DISMISSAL: The Court having been advised that all claims asserted herein have been settled, it is ORDERED that the above-entitled action be, and hereby is, dismissed with prejudice but without costs; provided, however, that if the settlement is not consummated within thirty days of this order, either party may apply by letter within the thirty-day period for restoration of the action to the calendar of the undersigned, in which event the action will be restored. The Clerk of the Court is directed to close the case. Any pending motions are moot. (Signed by Judge Paul G. Gardephe on 3/29/2017) (cf)
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| Filing 35 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Discount Retail Store Services Co, LLC, Freeplay Music, LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. Enforcement of Settlement Agreement. (Signed by Judge Paul G. Gardephe on 3/24/2017) (rjm) |
| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 3/22/2017. (ca) |
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Filing 34
ORDER: It is hereby ORDERED that a conference in this action will take place on April 6, 2017 at 10:30 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 4/6/2017 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 3/9/2017) (cf)
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Filing 33
ORDER denying #18 Motion to Transfer Case. DRSS has moved to transfer this case to the District of Nevada. (Dkt. No. 18) Freeplay opposes the motion. (As further set forth in this Order.) For the reasons stated above, DRSS's motion to transfer this action to the District of Nevada is denied. The Clerk of the Court is directed to terminate the motion (Dkt. No. 18). (Signed by Judge Paul G. Gardephe on 3/9/2017) (cf) Modified on 3/10/2017 (cf).
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Filing 32
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for Wednesday, March 22, 2017 at 11:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision-making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than Wednesday, March 15, 2017 by 5:00 p.m. ( Settlement Conference set for 3/22/2017 at 11:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/8/2017) (jwh)
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| Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 2/6/2017. (ca) |
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Filing 31
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 30). A telephone conference will be held on Monday, February 6, 2017 at 10:00 a.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers on February 6, 2017 at 10:00 a.m. with counsel for all parties on the line. Please dial 212-805-0234. ( Telephone Conference set for 2/6/2017 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/25/2017) (mro)
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Katharine H. Parker, for Settlement. Magistrate Judge Kevin Nathaniel Fox no longer referred to the case. (wb) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Katharine H. Parker. Please note that this is a reassignment of the designation only. (wb) |
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Filing 30
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Paul G. Gardephe on 1/20/2017) (cf)
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| Filing 29 JOINT LETTER addressed to Judge Paul G. Gardephe from Tatiana Markel dated January 17, 2017 re: The Parties Request that Your Honor refer this matter to Magistrate Judge Fox for a Settlement Conference. Document filed by Freeplay Music, LLC.(Markel, Tatiana) |
| Filing 28 LETTER addressed to Judge Paul G. Gardephe from Zeynel M Karcioglu dated November 2, 2016 re: Opposition to Plaintiff Freeplay Music, LLC's Request for Scheduling Order and to Withhold Motion Until Discovery is Complete; Joint Request for Referral to Mediation Before Magistrate. Document filed by Discount Retail Store Services Co, LLC.(Karcioglu, Zeynel) |
| Filing 27 AMENDED LETTER MOTION for Conference with attached Proposed Civil Case Management Plan and Scheduling Order addressed to Judge Paul G. Gardephe from Tatiana Markel dated October 28, 2016. Document filed by Freeplay Music, LLC. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Markel, Tatiana) |
| Filing 26 LETTER MOTION for Conference addressed to Judge Paul G. Gardephe from Tatiana Markel dated October 28, 2016. Document filed by Freeplay Music, LLC.(Markel, Tatiana) |
| Filing 25 DECLARATION of Peter R. Bryce in Support re: #18 MOTION to Transfer Case .. Document filed by Discount Retail Store Services Co, LLC. (Attachments: #1 Exhibit A)(Bryce, Peter) |
| Filing 24 DECLARATION of Joey D. Gray in Support re: #18 MOTION to Transfer Case .. Document filed by Discount Retail Store Services Co, LLC. (Bryce, Peter) |
| Filing 23 REPLY MEMORANDUM OF LAW in Support re: #18 MOTION to Transfer Case . . Document filed by Discount Retail Store Services Co, LLC. (Bryce, Peter) |
| Filing 22 DECLARATION of Scott Schreer in Opposition re: #18 MOTION to Transfer Case .. Document filed by Freeplay Music, LLC. (Warshavsky, Oren) |
| Filing 21 DECLARATION of Mark Brinker in Opposition re: #18 MOTION to Transfer Case .. Document filed by Freeplay Music, LLC. (Warshavsky, Oren) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #18 MOTION to Transfer Case . . Document filed by Freeplay Music, LLC. (Warshavsky, Oren) |
| Filing 19 MEMORANDUM OF LAW in Support re: #18 MOTION to Transfer Case . . Document filed by Discount Retail Store Services Co, LLC. (Attachments: #1 Affidavit, #2 Affidavit, #3 Exhibit)(Bryce, Peter) |
| Filing 18 MOTION to Transfer Case . Document filed by Discount Retail Store Services Co, LLC.(Bryce, Peter) |
| Filing 17 ANSWER to #1 Complaint with JURY DEMAND. Document filed by Discount Retail Store Services Co, LLC.(Karcioglu, Zeynel) |
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Filing 16
ORDER granting #15 LETTER MOTION for Extension of Time to File Motion to Dismiss or Transfer the action to the District of Nevada, and to Complete Jurisdictional Discovery - on Consent addressed to Judge Paul G. Gardephe from Zeynel M Karcioglu dated May 23, 2016. Document filed by Discount Retail Store Services Co, LLC. The application is granted. So ordered. (Signed by Judge Paul G. Gardephe on 5/26/2016) (rjm)
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| Set/Reset Deadlines: Amended Pleadings due by 7/1/2016. Motions due by 6/10/2016. Responses due by 7/1/2016. Replies due by 7/8/2016. (rjm) |
| Filing 15 LETTER MOTION for Extension of Time to File Motion to Dismiss or Transfer the action to the District of Nevada, and to Complete Jurisdictional Discovery - on Consent addressed to Judge Paul G. Gardephe from Zeynel M Karcioglu dated May 23, 2016. Document filed by Discount Retail Store Services Co, LLC.(Karcioglu, Zeynel) |
| Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 4/14/2016. (Court Reporter Patricia Nilsen) (mr) |
| Filing 14 JOINT LETTER addressed to Judge Paul G. Gardephe from Tatiana Markel dated April 7, 2016 re: Addressing the Three Enumerated Items in the Notice of Pretrial Conference. Document filed by Freeplay Music, LLC. (Attachments: #1 Proposed Civil Case Management Plan and Scheduling Order)(Markel, Tatiana) |
| Filing 13 LETTER addressed to Judge Paul G. Gardephe from Zeynel M Karcioglu dated March 31, 2016 re: Case Management Plan. Document filed by Discount Retail Store Services Co, LLC.(Karcioglu, Zeynel) |
| Filing 12 LETTER addressed to Judge Paul G. Gardephe from Oren J. Warshavsky dated March 24, 2016 re: Response to the March 21, 2016 Letter Requesting a Pre-Motion Conference. Document filed by Freeplay Music, LLC.(Warshavsky, Oren) |
| Filing 11 LETTER addressed to Judge Paul G. Gardephe from Zeynel Karcioglu dated 3-21-2016 re: Pre-motion Letter In Connection with anticipated Motion to Dismiss. Document filed by Discount Retail Store Services Co, LLC.(Karcioglu, Zeynel) |
| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Discount Retail Store Services Co, LLC served on 1/22/2016, answer due 2/12/2016. Document filed by Freeplay Music, LLC. (Warshavsky, Oren) |
| Filing 9 NOTICE OF APPEARANCE by Tatiana Markel on behalf of Freeplay Music, LLC. (Markel, Tatiana) |
| Filing 8 NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 4/14/2016 at 10:30 AM in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 2/1/2016) (mro) |
| Filing 7 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Discount Retail Store Services Co, LLC. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Oren J. Warshavsky. The following case opening statistical information was erroneously selected/entered: Cause of Action code 17:501. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 17:101. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Magistrate Judge Kevin Nathaniel Fox is so designated. (pc) |
| Case Designated ECF. (pc) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Discount Retail Store Services Co, LLC, re: #1 Complaint. Document filed by Freeplay Music, LLC. (Warshavsky, Oren) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Warshavsky, Oren) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Freeplay Music, LLC.(Warshavsky, Oren) |
| Filing 2 CIVIL COVER SHEET filed. (Warshavsky, Oren) |
| Filing 1 COMPLAINT against Discount Retail Store Services Co, LLC. (Filing Fee $ 400.00, Receipt Number 0208-11853676)Document filed by Freeplay Music, LLC.(Warshavsky, Oren) |
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| Plaintiff: Freeplay Music, LLC | |
| Represented By: | Tatiana Markel |
| Represented By: | Oren J. Warshavsky |
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| Defendant: Discount Retail Store Services Co, LLC | |
| Represented By: | Zeynel Memed Karcioglu |
| Represented By: | Peter Robb Bryce |
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