Freeplay Music, LLC v. Dave Arbogast Buick-GMC, Inc.
Plaintiff: Freeplay Music, LLC
Defendant: Dave Arbogast Buick-GMC, Inc.
Case Number: 1:2016cv00442
Filed: January 20, 2016
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Naomi Reice Buchwald
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on January 20, 2017. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 20, 2017 Filing 40 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 1/20/2017 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. (km)
January 20, 2017 Filing 39 CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated January 18, 2017, defendant's motion to dismiss for lack of personal jurisdiction is granted and defendant Dave Arbogast Buick-GMC, Inc. is dismissed. (Signed by Clerk of Court Ruby Krajick on 01/20/2017) (Attachments: #1 Notice of Right to Appeal, #2 Notice of Right to Appeal)(dt)
January 18, 2017 Filing 38 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 1/18/2017 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. (Attachments: #1 Exhibit Numbers and Information) (ama)
January 18, 2017 Opinion or Order Filing 37 MEMORANDUM & ORDER: granting #30 Motion to Dismiss. For the reason set forth above, defendants' motion to dismiss for lack of personal jurisdiction is granted. This Memorandum and Order resolves Docket No. 30. The Clerk of the Court is directed to dismiss defendant Dave Arbogast Buick GMC, Inc. SO ORDERED. *** Party Dave Arbogast Buick-GMC, Inc. terminated. (Signed by Judge Naomi Reice Buchwald on 1/18/2017) (ama) Modified on 1/19/2017 (ama).
January 18, 2017 Transmission to Judgments and Orders Clerk. Transmitted re: #37 Order on Motion to Dismiss,, to the Judgments and Orders Clerk. (ama)
September 19, 2016 Filing 36 FIRST REPLY MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss . . Document filed by Dave Arbogast Buick-GMC, Inc.. (Buttner, Ethan)
September 9, 2016 Filing 35 LETTER addressed to Judge Naomi Reice Buchwald from Michelle Usitalo dated September 9, 2016 re: Outlining Plaintiff's Substantive Arguments in Opposing the Motion to Dismiss. Document filed by Freeplay Music, LLC.(Usitalo, Michelle)
September 9, 2016 Filing 34 MEMORANDUM OF LAW in Opposition re: #30 MOTION to Dismiss . . Document filed by Freeplay Music, LLC. (Warshavsky, Oren)
August 19, 2016 Filing 33 DECLARATION of Mitchell Ayes in Support re: #30 MOTION to Dismiss .. Document filed by Dave Arbogast Buick-GMC, Inc.. (Ayes, Mitchell)
August 19, 2016 Filing 32 MEMORANDUM OF LAW in Support re: #30 MOTION to Dismiss . . Document filed by Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Letter, #3 Exhibit Response)(Ayes, Mitchell)
August 19, 2016 Filing 31 AFFIRMATION of Mitchell Ayes in Support re: #30 MOTION to Dismiss .. Document filed by Dave Arbogast Buick-GMC, Inc.. (Ayes, Mitchell)
August 19, 2016 Filing 30 MOTION to Dismiss . Document filed by Dave Arbogast Buick-GMC, Inc.. Responses due by 9/9/2016(Ayes, Mitchell)
July 25, 2016 Opinion or Order Filing 29 MEMO ENDORSEMENT on re: #28 Letter filed by Freeplay Music, LLC. ENDORSEMENT: So ordered., ( Brief due by 8/19/2016., Responses due by 9/9/2016., Replies due by 9/19/2016.) (Signed by Judge Naomi Reice Buchwald on 7/25/2016) (lmb)
July 22, 2016 Filing 28 LETTER addressed to Judge Naomi Reice Buchwald from Michelle R. Usitalo dated July 22, 2016 re: Response to the Letter Dated July 19, 2016 Requesting a Pre-Motion Conference. Document filed by Freeplay Music, LLC.(Usitalo, Michelle)
July 19, 2016 Filing 27 SECOND LETTER addressed to Judge Naomi Reice Buchwald from Mitchell Ayes dated July 19, 2016 re: Conference. Document filed by Dave Arbogast Buick-GMC, Inc..(Ayes, Mitchell)
July 18, 2016 Opinion or Order Filing 26 ORDER denying as moot #21 NOTICE OF MOTION ORAL ARGUMENT REQUESTED. Plaintiff having filed an amended complaint, this motion is denied as moot. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/18/2016) (ama)
June 30, 2016 Filing 25 AMENDED COMPLAINT amending #1 Complaint against Dave Arbogast Buick-GMC, Inc. with JURY DEMAND.Document filed by Freeplay Music, LLC. Related document: #1 Complaint filed by Freeplay Music, LLC.(Warshavsky, Oren)
June 23, 2016 Filing 24 AFFIRMATION of Mitchell Ayes, Esq. in Support re: #21 MOTION to Dismiss .. Document filed by Dave Arbogast Buick-GMC, Inc.. (Ayes, Mitchell)
June 23, 2016 Filing 23 MEMORANDUM OF LAW in Support re: #21 MOTION to Dismiss . . Document filed by Dave Arbogast Buick-GMC, Inc.. (Attachments: #1 Exhibit Summons and Complaint, #2 Exhibit Pre-Motion Conference Request, #3 Exhibit Letter dated March 17, 2016, #4 Exhibit Reply Letter dated March 23, 2016, #5 Exhibit Sur-Reply dated MArch 24, 2016)(Ayes, Mitchell)
June 23, 2016 Filing 22 DECLARATION of Mitchell Ayes, Esq. in Support re: #21 MOTION to Dismiss .. Document filed by Dave Arbogast Buick-GMC, Inc.. (Ayes, Mitchell)
June 23, 2016 Filing 21 MOTION to Dismiss . Document filed by Dave Arbogast Buick-GMC, Inc.. Responses due by 7/5/2016(Ayes, Mitchell)
June 23, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mitchell Ryan Ayes to RE-FILE Document #20 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents. First refile Motion, then file and link any supporting documents. (db)
June 21, 2016 Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Dave Arbogast Buick-GMC, Inc.. Responses due by 7/5/2016 (Attachments: #1 Declaration, #2 Exhibit Summons and Complaint, #3 Exhibit Pre-Motion Conference Request, #4 Exhibit Letter dated March 17, 2016, #5 Exhibit Arbogast's Reply, #6 Exhibit Freeplay's sur-reply, #7 Position Letter, #8 Memorandum of Law)(Ayes, Mitchell) Modified on 6/23/2016 (db).
June 21, 2016 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Mitchell Ryan Ayes to RE-FILE Document #19 MOTION to Dismiss . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
June 20, 2016 Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Dave Arbogast Buick-GMC, Inc. Responses due by 7/5/2016 (Attachments: #1 Declaration with Exhibits, #2 Position Letter, #3 Memoradum of Law)(Ayes, Mitchell) Modified on 6/21/2016 (db).
June 8, 2016 Opinion or Order Filing 18 MEMO ENDORSEMENT on re: #17 Letter filed by Dave Arbogast Buick-GMC, Inc. ( At this time, the case has not resolved, and the parties wish to proceed with the motion and have agreed to the following: Motions due by 6/20/2016., Responses due by 7/5/2016, Replies due by 7/12/2016.) ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/08/2016) (ama)
June 7, 2016 Filing 17 FIRST LETTER addressed to Judge Naomi Reice Buchwald from Mitchell Ayes dated June 7, 2016 re: Status Update and Briefing Schedule. Document filed by Dave Arbogast Buick-GMC, Inc..(Ayes, Mitchell)
April 26, 2016 Filing 16 FIRST LETTER addressed to Judge Naomi Reice Buchwald from Mitchell Ayes dated April 26, 2016 re: Status Update. Document filed by Dave Arbogast Buick-GMC, Inc..(Ayes, Mitchell)
April 5, 2016 Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Telephone Conference held on 4/5/2016. (Harris, Karen)
March 24, 2016 Filing 15 LETTER addressed to Judge Naomi Reice Buchwald from Oren J. Warshavsky dated March 24, 2016 re: Response to Mr. Ayer's Letter of March 23, 2016. Document filed by Freeplay Music, LLC.(Warshavsky, Oren)
March 23, 2016 Filing 14 FIRST LETTER addressed to Judge Naomi Reice Buchwald from Mitchell Ayes, Esq. dated March 23, 2016 re: Plaintiff's Request for Pre-motion Conference. Document filed by Dave Arbogast Buick-GMC, Inc..(Ayes, Mitchell)
March 17, 2016 Filing 13 LETTER addressed to Judge Naomi Reice Buchwald from Oren J. Warshavsky dated March 17, 2016 re: In Response to the March 14, 2016 Letter by Counsel for Defendant Dave Arbogast Buick-GMC, Inc. Requesting a Pre-Motion Conference. Document filed by Freeplay Music, LLC.(Warshavsky, Oren)
March 14, 2016 Filing 12 FIRST LETTER addressed to Judge Naomi Reice Buchwald from Mitchell Ayes dated March 14, 2016 re: Conference. Document filed by Dave Arbogast Buick-GMC, Inc..(Ayes, Mitchell)
March 10, 2016 Filing 11 NOTICE OF APPEARANCE by Mitchell Ryan Ayes on behalf of Dave Arbogast Buick-GMC, Inc.. (Ayes, Mitchell)
February 2, 2016 Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Dave Arbogast Buick-GMC, Inc. served on 1/25/2016, answer due 2/16/2016. Document filed by Freeplay Music, LLC. (Warshavsky, Oren)
January 22, 2016 Filing 9 NOTICE OF APPEARANCE by Michelle Rene Usitalo on behalf of Freeplay Music, LLC. (Usitalo, Michelle)
January 22, 2016 Filing 8 NOTICE OF APPEARANCE by Tatiana Markel on behalf of Freeplay Music, LLC. (Markel, Tatiana)
January 21, 2016 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. (rch)
January 21, 2016 Filing 6 ELECTRONIC SUMMONS ISSUED as to Dave Arbogast Buick-GMC, Inc.. (rch)
January 21, 2016 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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. (rch)
January 21, 2016 Magistrate Judge Gabriel W. Gorenstein is so designated. (rch)
January 21, 2016 Case Designated ECF. (rch)
January 20, 2016 Filing 5 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Warshavsky, Oren)
January 20, 2016 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Dave Arbogast Buick-GMC, Inc., re: #1 Complaint. Document filed by Freeplay Music, LLC. (Warshavsky, Oren)
January 20, 2016 Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Freeplay Music, LLC.(Warshavsky, Oren)
January 20, 2016 Filing 2 CIVIL COVER SHEET filed. (Warshavsky, Oren)
January 20, 2016 Filing 1 COMPLAINT against Dave Arbogast Buick-GMC, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-11860200)Document filed by Freeplay Music, LLC.(Warshavsky, Oren)

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Plaintiff: Freeplay Music, LLC
Represented By: Michelle Rene Usitalo
Represented By: Tatiana Markel
Represented By: Oren J. Warshavsky
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Defendant: Dave Arbogast Buick-GMC, Inc.
Represented By: Mitchell Ryan Ayes
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