Barcroft Media, Ltd. et al v. Coed Media Group, LLC
| Barcroft Media, Ltd. and FameFlynet, Inc. |
| Coed Media Group, LLC |
| 1:2016cv07634 |
| September 29, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Jesse M. Furman |
| Copyrights |
| 17 U.S.C. ยง 501 |
| None |
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Filing
67
MEMORANDUM OPINION AND ORDER re: 59 MOTION for Attorney Fees, filed by FameFlynet, Inc., Barcroft Media, Ltd. Plaintiffs' motion for attorney's fees and costs is DENIED. The Clerk of Court is directed to terminate Docket No. 59 and to close this case, and as further set forth herein. (Signed by Judge Jesse M. Furman on 1/10/2018) (ras)
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Filing
51
MEMORANDUM OPINION AND ORDER re: 38 MOTION for Sanctions for Spoliation, filed by FameFlynet, Inc., Barcroft Media, Ltd., 41 MOTION in Limine to exclude the contemplated testimony of Robert Coakley, filed by FameFlyne t, Inc., Barcroft Media, Ltd. Plaintiffs' motions are without merit. First, they move for spoliation sanctions on the ground that CMG failed to preserve the webpages on which it had displayed the Images (the "Webpages"). (See Docke t No. 38). Although unmentioned by Plaintiff, the relevant provision of Rule 37 was amended in 2015 to state that a court may impose sanctions "[i]f electronically stored information that should have been preserved in the anticipation or cond uct of litigation is lost because a party failed to take reasonable steps to preserve it, and it cannot be restored or replaced through additional discovery." Fed. R. Civ. P. 37(e). If the court finds prejudice to the other party from such &qu ot;loss," it may "order measures no greater than necessary to cure the prejudice." Fed. R. Civ. P. 37(e)(1). A court may impose more severe sanctions "only upon finding that the party acted with the intent to deprive another pa rty of the information's use in the litigation." Fed. R. Civ. P. 37(e)(2); see generally CAT3, LLC v. Black Lineage, Inc., 164 F. Supp. 3d 488, 495-96 (S.D.N.Y. 2016) (discussing the amended Rule 37(e))...Plaintiffs' motion to preclu de the testimony of Robert Coakley is without merit, substantially for the reasons stated in Defendant's memorandum of law in opposition to the motion. (Docket No. 44). Accordingly, Plaintiffs' motion for spoliation sanctions and motion in limine are DENIED. The Clerk of Court is directed to terminate Docket Nos. 38 and 41, and as further set forth herein. (Signed by Judge Jesse M. Furman on 9/28/2017) (ras)
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