Goldman v. Breitbart News Network LLC et al.
Plaintiff Justin Goldman sued Defendants Breitbart News Network, LLC, Heavy, Inc., Time, Inc., Yahoo, Inc., Vox Media, Inc., Gannett Company, Inc., Herald Media, Inc., Boston Globe Media Partners, LLC, and New England Sports Network, Inc. for copyright infringement for embedding a Tweet that contained Plaintiff's copyrighted photo of Tom Brady.
| Justin Goldman |
| Breitbart News Network LLC, Heavy, Inc., Time Inc., Yahoo, Inc., Vox Media, Inc., Gannett Company, Inc., Herald Media, Inc., Boston Globe Media Partners, LLC and New England Sports Network, Inc. |
| 1:2017cv03144 |
| April 28, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine B. Forrest |
| Copyrights |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2018. A more recent docket listing may be available from PACER.
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Filing 170
ORDER: On February 15, 2018, the Court granted partial summary judgment to the plaintiff. The Court assumes that discovery on the remaining issues will now proceed according to the schedule previously laid out in ECF No. 109. Additionally, the Court sets a telephonic status conference for Friday, April 13, 2018 at 3:00 p.m. The parties shall call Chambers (212-805-0276) from one line at that time. SO ORDERED. (Telephone Conference set for 4/13/2018 at 03:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 2/16/2018) (mml)
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Filing 169
OPINION & ORDER re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment filed by Yahoo, Inc. For the reasons stated above, defendants' motion for partial Summary Judgment is DENIED. The Court GRANTS partial Summary Judgment to the plaintiff. The Clerk of Court is directed to terminate the motion at ECF No. 119. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/15/2018) (mml)
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| Filing 168 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 1/16/18 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...(McGuirk, Kelly) |
| Filing 167 TRANSCRIPT of Proceedings re: ARGUMENT held on 1/16/2018 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Martha Martin, (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 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018.(McGuirk, Kelly) |
| Filing 166 SUPPLEMENTAL RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Meredith Corporation for Time Inc.. Document filed by Time Inc..(Koonce, Lacy) |
| Filing 165 NOTICE OF CHANGE OF ADDRESS by Robert Penchina on behalf of Gannett Company, Inc.. New Address: Ballard Spahr LLP, 1675 Broadway, 19th Floor, New York, NY, US 10019-5820, 212-850-6109. (Penchina, Robert) |
| Filing 164 ENDORSED LETTER addressed to ken@norwickschad.com (Copy) cooper@norwickschad.comfrom Justin Goldman dated 1/13/2018 re: I state the following under penalty of perjury: When I posted my Tom Brady photo to Snapchat, I did so through Snapchat's "My Story" option. It was and is my understanding that "My Story" postings can only be seen by the specific people I have authorized in advance to see those postings. I can't say now how many people were authorized by me to see my 'My Story" postings at that time, but I can say that that number does not exceed 90, and could well have been fewer. I had no intention of making the Photo available to anyone else beyond those authorized to see my "My Story" postings and I do not believe I did so. When I posted the Photo to Snapchat, I had a choice to post it either to "My Story," which is limited to those I authorize to see it, or to "Our Story," which would be accessible to the public at large, without restriction. I deliberately chose the "My Story" option, because I did not want the general public to have access to it. If I did, I would have posted it to a different platform, such as Twitter, or Facebook or lnstagram, where it could have been seen without restriction. I did not want that and did not do that. And I did not authorize any of the people who did have access to my "My Story" posting to share it elsewhere. ENDORSEMENT: Ordered. Post to docket. So Ordered. (Signed by Judge Katherine B. Forrest on 1/16/2018) (js) |
| Filing 163 NOTICE OF APPEARANCE by Keara A. Bergin on behalf of New England Sports Network, Inc.. (Bergin, Keara) |
| Minute Entry for proceedings held before Judge Katherine B. Forrest: Oral Argument held on 1/16/2018 re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment. filed by Yahoo, Inc. (jp) |
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Filing 162
ORDER: As previously scheduled, Oral Argument in this matter shall be held on Tuesday, January 16, 2018 at 2:00 p.m. However, while the Court had originally informed the parties that each side with have ninety minutes allocated, the Court must reduce that time to sixty minutes per side. ( Oral Argument set for 1/16/2018 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 1/12/2018) (js)
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Filing 161
ORDER: Having reviewed the parties' supplemental briefing, the Court believes that oral argument will be useful to resolution of this motion. Accordingly, oral argument is scheduled for Tuesday, January 16, 2018, at 2:00 p.m. The Court will allot ninety minutes to each side. SO ORDERED., ( Oral Argument set for 1/16/2018 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/20/2017) (ama)
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| Filing 160 RESPONSE to Motion re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment. . Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 159 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment. in Response to Court's Order of 12/1/17. Document filed by Time Inc.. (Koonce, Lacy) |
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Filing 158
ORDER: The Court has reviewed the parties' submissions. Based on the current record, it does not appear that there are triable issues of fact on the question of copyright liability (or non-liability) with regard to "embedding." The trial date is therefore adjourned as a "trial," but the parties should hold the first day of the allotted time (Tuesday, January 16, 2018) for oral argument. The Court will decide at a later date whether oral argument is necessary. With that said, the Court is not convinced in need resolve that question in order to resolve the claims herein. Given the submissions, it is clear that the defendants are several layers down from the plaintiff: an initial known friend posted the content at issue, another known person re-posted it on a site (Reddit). From there, it was picked up and tweeted by "John/Jane Doe." When John/Jane Doe used Twitter to post the work, he/she did so pursuant to Twitter's terms of service. Defendants submitted the Twitter terms of service as part of their statement of undisputed facts. (ECF No. 120.) Plaintiff did not dispute the terms of service. Those terms provide that the user-that is, the individual who posts the tweet with content-conveys to Twitter a non-exclusive license to use, display, and broadcast the work, and to sublicense others to do the same. Based on these terms of service, it appears to the Court that the defendants' position is derivative of Twitter's; that is, if Twitter's connection to the content was pursuant to an actual or implied license, then so is the defendants'. Thus the Court would like additional briefing, as further set forth herein. Each side should submit their views on the above simultaneously not later than December 18, 2017, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 12/1/2017) (ap)
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| Filing 157 LETTER addressed to Judge Katherine B. Forrest from Kenneth P. Norwick dated November 29, 2017 re: recent decision. Document filed by Justin Goldman. (Attachments: # 1 decision)(Norwick, Kenneth) |
| Filing 156 RULE 56.1 STATEMENT. Document filed by Yahoo, Inc.. (Lane, Thomas) |
| Filing 155 REPLY MEMORANDUM OF LAW in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment. [Reply Memorandum in Further Support of Defendants' Motion for Partial Summary Judgment]. Document filed by Yahoo, Inc.. (Lane, Thomas) |
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Filing 154
ORDER: granting 153 Letter Motion for Extension of Time to File Response/Reply. So Ordered. Replies due by 11/29/2017. (Signed by Judge Katherine B. Forrest on 11/17/2017) (ap)
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| Filing 153 LETTER MOTION for Extension of Time to File Response/Reply and Leave to File 15-page Reply addressed to Judge Katherine B. Forrest from Eric J. Feder dated 11/16/2017. Document filed by Time Inc..(Feder, Eric) |
| Filing 152 RULE 56.1 STATEMENT. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 151 DECLARATION of Ryan LaCorte in Opposition re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 150 AFFIRMATION of Kenneth P. Norwick in Opposition re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Justin Goldman. (Attachments: # 1 Exhibit A)(Norwick, Kenneth) |
| Filing 149 DECLARATION of Justin Goldman in Opposition re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Justin Goldman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Norwick, Kenneth) |
| Filing 148 MEMORANDUM OF LAW in Opposition re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment. . Document filed by Justin Goldman. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Norwick, Kenneth) |
| Filing 147 MEMO ENDORSEMENT granting 145 Motion to File Amicus Brief. ENDORSEMENT: Ordered: The Court accepts the filing. (Signed by Judge Katherine B. Forrest on 10/20/2017) (mro) |
| Filing 146 MEMO ENDORSEMENT granting 143 Motion to File Amicus Brief. ENDORSEMENT: Ordered. The Court accepts the filing. (Signed by Judge Katherine B. Forrest on 10/20/2017) (ras) |
| Filing 145 CONSENT MOTION to File Amicus Brief . Document filed by American Society of Media Photographers, Digital Media Licensing Association, Getty Images (US) Inc., National Press Photographers Association, North American Nature Photography Association. (Attachments: # 1 Exhibit 1 - Proposed Amicus Brief, # 2 Proposed Order)(Doroshow, Kenneth) |
| Filing 144 NOTICE OF APPEARANCE by Kenneth Lewinn Doroshow on behalf of Getty Images (US) Inc., American Society of Media Photographers, Digital Media Licensing Association, National Press Photographers Association, North American Nature Photography Association. (Doroshow, Kenneth) |
| Filing 143 CONSENT MOTION to File Amicus Brief . Document filed by Electronic Frontier Foundation, Public Knowledge. (Attachments: # 1 Exhibit #1 - Proposed Amicus Brief, # 2 Text of Proposed Order)(Stoltz, Mitchell) |
| Filing 142 NOTICE OF APPEARANCE by Mitchell L. Stoltz on behalf of Electronic Frontier Foundation, Public Knowledge. (Stoltz, Mitchell) |
| Filing 141 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i): It is hereby stipulated and agreed by the attorneys for plaintiff and for defendant Herald Mediqa, Inc., that this action is voluntarily dismissed with prejudice as against the defendant only, with each party to bear its own costs. So Ordered. (Signed by Judge Katherine B. Forrest on 10/13/2017) (js) |
| Filing 140 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Herald Media, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Justin Goldman.(Norwick, Kenneth) |
| Filing 139 LETTER addressed to Judge Katherine B. Forrest from Kenneth P. Norwick dated October 12, 2017 re: dismissal. Document filed by Justin Goldman.(Norwick, Kenneth) |
| Filing 138 NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO 41(a)(1)(A)(ii): It is hereby stipulated and agreed by the attorneys for Plaintiff and for defendant Vox Media, Inc., that this action is voluntarily dismissed with prejudice as against that defendant only, with each party to bear its own costs. So Ordered (Signed by Judge Katherine B. Forrest on 10/6/2017) (js) |
| Filing 137 DECLARATION of Justin Edmond in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Herald Media, Inc.. (Attachments: # 1 Exhibit A - Edmond Declaration, # 2 Exhibit B - Edmond Declaration, # 3 Exhibit C - Edmond Declaration)(Lipchitz, Joseph) |
| Filing 136 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Vox Media, Inc. and without costs to either party pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Justin Goldman.(Norwick, Kenneth) |
| Filing 135 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 137 Declaration) - DECLARATION of Justin Edmond in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Herald Media, Inc. (Attachments: # 1 Exhibit A - Edmond Declaration, # 2 Exhibit B - Edmond Declaration, # 3 Exhibit C - Edmond Declaration)(Lipchitz, Joseph) Modified on 10/6/2017 (db). |
| Filing 134 DECLARATION of Brian Wallace in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Yahoo, Inc.. (Attachments: # 1 Exhibit 1 - September 28, 2017 screen capture of Yahoo Sports Article, # 2 Exhibit 2 - July 8, 2016 screen capture of source code)(Lane, Thomas) |
| Filing 133 DECLARATION of Simon Assaad in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Heavy, Inc.. (Attachments: # 1 Exhibit A - Printout of Article as of 10.5.17, # 2 Exhibit B - Printout of source code for Article captured on Archive.org on 7.8.16, # 3 Exhibit C - Printout of Sneaker Reporter Tweet on 10.5.17, # 4 Exhibit D - Printout of Article captured on Archive.org on 7.8.16)(Lebowitz, Marc) |
| Filing 132 DECLARATION of Anthony Vitale in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Herald Media, Inc.. (Attachments: # 1 Exhibit A - Vitale Declaration, # 2 Exhibit B - Vitale Declaration)(Lipchitz, Joseph) |
| Filing 131 DECLARATION of Anthony Bonfiglio in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Boston Globe Media Partners, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Stanley, Lawrence) |
| Filing 130 DECLARATION of Aaron Nobel in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Heavy, Inc.. (Attachments: # 1 Exhibit A - Printout of Article from 10.5.17, # 2 Exhibit B - Printout of Article on Archive.org captured on 7.8.16, # 3 Exhibit C - Printout of email string between Nobel and Plaintiff's counsel on 7.15.16)(Lebowitz, Marc) |
| Filing 129 DECLARATION of Kaitlyn K. Johnston in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Boston Globe Media Partners, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Stanley, Lawrence) |
| Filing 128 DECLARATION of Michael R. Hall in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by New England Sports Network, Inc.. (Attachments: # 1 Exhibit July 2, 2016 NESN Article, # 2 Exhibit NESN Article Source Code)(Kramarsky, Stephen) |
| Filing 127 DECLARATION of Jason Lisk in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Gannett Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Penchina, Robert) |
| Filing 126 DECLARATION of Mark Hiland in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Gannett Company, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Penchina, Robert) |
| Filing 125 DECLARATION of Brad Weiss in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Time Inc.. (Koonce, Lacy) |
| Filing 124 DECLARATION of Matthew Blake in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Time Inc.. (Attachments: # 1 Exhibit "A" of Matthew Blake's Declaration, # 2 Exhibit "B" of Matthew Blake's Declaration)(Koonce, Lacy) |
| Filing 123 DECLARATION of Frank Schwab in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Yahoo, Inc.. (Attachments: # 1 Exhibit 1 - Yahoo Sports Article as of October 3, 2017)(Lane, Thomas) |
| Filing 122 DECLARATION of Lacy H. Koonce, III in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment.. Document filed by Time Inc.. (Attachments: # 1 Exhibit "1" of Lacy H. Koonce, III's Declaration, # 2 Exhibit "2" of Lacy H. Koonce, III's Declaration, # 3 Exhibit "3" of Lacy H. Koonce, III's Declaration, # 4 Exhibit "4" of Lacy H. Koonce, III's Declaration, # 5 Exhibit "5" of Lacy H. Koonce, III's Declaration, # 6 Exhibit "6" of Lacy H. Koonce, III's Declaration, # 7 Exhibit "7" of Lacy H. Koonce, III's Declaration, # 8 Exhibit "8" of Lacy H. Koonce, III's Declaration, # 9 Exhibit "9" of Lacy H. Koonce, III's Declaration, # 10 Exhibit "10" of Lacy H. Koonce, III's Declaration, # 11 Exhibit "11" of Lacy H. Koonce, III's Declaration)(Koonce, Lacy) |
| Filing 121 MEMORANDUM OF LAW in Support re: 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment. [Memorandum of Law in Support of Defendants' Motion for Partial Summary Judgment]. Document filed by Yahoo, Inc.. (Lane, Thomas) |
| Filing 120 RULE 56.1 STATEMENT. Document filed by Yahoo, Inc.. (Lane, Thomas) |
| Filing 119 MOTION for Partial Summary Judgment -- Defendants' Notice of Motion for Partial Summary Judgment. Document filed by Yahoo, Inc.. Responses due by 11/6/2017(Lane, Thomas) |
| Filing 118 NOTICE OF CHANGE OF ADDRESS by Robert Penchina on behalf of Gannett Company, Inc.. New Address: Ballard Spahr LLP, 919 Third Avenue, 37th Floor, New York, NY, United States 10022, (212) 850-6109. (Penchina, Robert) |
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Filing 117
ORDER. The Court is in receipt of plaintiff's letter regarding the evidentiary hearing set for October 25, 2017 and is surprised that he has asked defendant Herald to "produce one or more witnesses and documents concerning...a) the interrelationships and finances of the three entities and b) the provenance of the 'embedded' Photo." (ECF No. 116.) This is not the time to conduct additional discovery or to delve into the merits. Plaintiff bears the burden of proof on this jurisdictional question and needs to subpoena specific witnesses or offer documents in his possession. We have already had jurisdictional discovery. To be clear, defendant Herald is neither required to produce unnamed witnesses or additional documents nor obliged to do anything relating to the "provenance" of the photo at this hearing. Herald does not bear the burden of proof with regards to personal jurisdiction in this case, and the time for additional jurisdictional discovery has passed. SO ORDERED. (Signed by Judge Katherine B. Forrest on 10/4/2017) (rjm).
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| Filing 116 LETTER addressed to Judge Katherine B. Forrest from Kenneth P. Norwick dated October 3, 2017 re: evidentiary hearing. Document filed by Justin Goldman.(Norwick, Kenneth) |
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Filing 115
ORDER: The Court is in receipt of plaintiff's submission in opposition to defendant Herald Media, Inc.'s Rule 12(b)(2) motion to dismiss. In order to weigh the evidence, the Court shall hold an evidentiary hearing on this motion. See Landoil Resources Corp. v. Alexander & Alexander Servs., Inc., 918 F.2d 1039, 1043 (2d Cir. 1990). The parties may waive the hearing and allow the Court to make findings-and-weigh the evidence-based on the existing record. The parties shall inform the Court whether they intend to proceed with the evidentiary hearing not later than October 6, 2017. An evidentiary hearing is set for Wednesday, October 25, 2017 at 12:00 PM. (Evidentiary Hearing set for 10/25/2017 at 12:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/29/2017) (ap)
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| Filing 114 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 9/7/17 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...(Siwik, Christine) |
| Filing 113 TRANSCRIPT of Proceedings re: Conference held on 9/7/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Thomas Murray, (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 10/18/2017. Redacted Transcript Deadline set for 10/30/2017. Release of Transcript Restriction set for 12/26/2017.(Siwik, Christine) |
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Filing 112
ORDER granting 110 Letter Motion for Extension of Time. SO ORDERED. Motions due by 10/5/2017. (Signed by Judge Katherine B. Forrest on 9/26/2017) (rj)
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| Set/Reset Deadlines: Responses due by 11/6/2017 Replies due by 11/21/2017. (rj) |
| Filing 111 AFFIDAVIT of Kenneth P. Norwick in Opposition re: 57 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Justin Goldman. (Attachments: # 1 exhibit A, # 2 exhibit B, # 3 exhibit C, # 4 exhibit D, # 5 exhibit E, # 6 exhibit F, # 7 exhibit G, # 8 exhibit H, # 9 exhibit I, # 10 exhibit J, # 11 exhibit K, # 12 exhibit L, # 13 exhibit M, # 14 exhibit N, # 15 exhibit O, # 16 exhibit P, # 17 exhibit Q, # 18 exhibit R)(Norwick, Kenneth) |
| Filing 110 LETTER MOTION for Extension of Time for Summary Judgment Briefing Schedule addressed to Judge Katherine B. Forrest from Eric J. Feder dated September 25, 2017. Document filed by Time Inc., Vox Media, Inc..(Feder, Eric) |
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Filing 109
ORDER: The Court held an initial pretrial conference (IPTC) on September 7, 2017. The schedule for this matter is set forth in two parts: an overall schedule, and a schedule for the "embedding" assertion. Defendants shall answer not later than February 15, 2018; Amended pleadings may not be filed, and no party may be joined, without leave of Court more than 20 days after the filing of this Order or the filing a responsive pleading, whichever occurs first. All fact discovery must be completed not later than September 7, 2018; All expert discovery must be completed not later than October 28, 2018; The last opportunity to file a dispositive motion is November 15, 2018; Any opposition shall be filed not later than November 29, 2018; Any reply shall be filed not later than December 6, 2018. Trial shall commence on January 7, 2019. Motions for summary judgment shall be filed not later than September 28, 2017. Oppositions shall be filed not later than October 28, 2017. Replies shall be filed not later than November 16, 2018. The Court expects to inform he parties of whether it expects to be able to resolve the motion on summary judgment by December 10, 2018. If a trial is necessary for the embedding issue," per the consent of the parties, it shall be tried to the bench, commencing on January 15, 2018. A trial on the "embedding issue" is expected to last no more than four days. A joint pretrial order ("JPTO") shall be due Monday, January 8, 2018. A final pretrial conference ("FPTC") is scheduled for Thursday, January 11, 2018 at 1:00 PM. The parties are advised that settlement discussions must occur in parallel to this schedule. Schedule will not be adjourned, except in very unusual circumstances, for settlement discussions.Boston Globe Media Partners, LLC answer due 2/15/2018; Breitbart News Network LLC answer due 2/15/2018; Gannett Company, Inc. answer due 2/15/2018; Heavy, Inc. answer due 2/15/2018; New England Sports Network, Inc. answer due 2/15/2018; Time Inc. answer due 2/15/2018; Vox Media, Inc. answer due 2/15/2018; Yahoo, Inc. answer due 2/15/2018.( Expert Discovery due by 10/28/2018., Fact Discovery due by 9/7/2018., Motions due by 11/15/2018., Responses due by 11/29/2018, Replies due by 12/6/2018., Final Pretrial Conference set for 1/11/2018 at 01:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 9/12/2017) (js) Modified on 10/18/2017 (js).
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| Filing 108 ANSWER to 38 Amended Complaint,, with JURY DEMAND. Document filed by Gannett Company, Inc..(Penchina, Robert) |
| Filing 107 ANSWER to 38 Amended Complaint,,. Document filed by Vox Media, Inc..(Koonce, Lacy) |
| Filing 106 ANSWER to 38 Amended Complaint,,. Document filed by Time Inc..(Koonce, Lacy) |
| Filing 105 ANSWER to 38 Amended Complaint,, with JURY DEMAND. Document filed by Yahoo, Inc..(Lane, Thomas) |
| Filing 104 ANSWER to 38 Amended Complaint,, with JURY DEMAND. Document filed by Boston Globe Media Partners, LLC.(Schaffer-Goldman, Regina) |
| Filing 103 ANSWER to 38 Amended Complaint,, with JURY DEMAND. Document filed by Heavy, Inc..(Lebowitz, Marc) |
| Filing 102 ANSWER to 38 Amended Complaint,, with JURY DEMAND. Document filed by Breitbart News Network LLC.(Mochizuki, Tenley) |
| Filing 101 ANSWER to Complaint. Document filed by New England Sports Network, Inc..(Kramarsky, Stephen) |
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Filing 100
ORDER: granting 99 Letter Motion to Adjourn Conference. So Ordered. Just Herald Media may dial in--to 212 805 0276 5 minutes before the conference is to commence. (Signed by Judge Katherine B. Forrest on 9/7/2017) (ap)
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| Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 9/7/2017. (jp) |
| Filing 99 LETTER MOTION to Adjourn Conference addressed to Judge Katherine B. Forrest from Joseph D. Lipchitz dated September 6, 2017. Document filed by Herald Media, Inc..(Lipchitz, Joseph) |
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Filing 98
ORDER granting 96 Letter Motion for Extension of Time to Answer. Defendants may file their answer on September 8, 2018. The IPTC is still set for September 7, and all parties must otherwise comply with this Court's Order of August 21, 2017. (ECF No. 92.) Time Inc. answer due 9/8/2017; Vox Media, Inc. answer due 9/8/2017. (Signed by Judge Katherine B. Forrest on 9/1/2017(as per Chambers)) (mro) Modified on 9/6/2017 (mro).
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| Filing 97 INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by Time Inc., Vox Media, Inc..(Koonce, Lacy) |
| Filing 96 CONSENT LETTER MOTION for Extension of Time to File Answer on Behalf of All Defendants Except Herald Media, Inc. addressed to Judge Katherine B. Forrest from Lacy H. Koonce, III dated September 1, 2017. Document filed by Time Inc., Vox Media, Inc..(Koonce, Lacy) |
| Filing 95 NOTICE OF APPEARANCE by Seth Eliot Spitzer on behalf of Yahoo, Inc.. (Spitzer, Seth) |
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Filing 94
ORDER: The Court hereby directs parties to conduct and complete jurisdictional discovery within thirty days for the purpose of establishing whether Herald has sufficient contact with the Southern District of New York, such that this Court's exercise of personal jurisdiction would not be improper. The jurisdictional discovery schedule is as follows: Plaintiff may file any supplemental materials to establish personal jurisdiction over Herald by September 27, 2017; Defendant's answer is due by October 4, 2017; Plaintiff's reply is due by October 11, 2017. Thereafter, the Court expects to be able to decide this motion on the papers, but will hold an evidentiary hearing if necessary. (Signed by Judge Katherine B. Forrest on 8/28/2017)
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| Filing 93 CERTIFICATE OF SERVICE of 0rder (docket 92) served on all parties on 8/21/2017. Service was accepted by ECF. Document filed by Justin Goldman. (Norwick, Kenneth) |
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Filing 92
ORDER: Initial Conference set for 9/7/2017 at 02:00 PM before Judge Katherine B. Forrest, and as further set forth in this Order. So ordered. (Signed by Judge Katherine B. Forrest on 8/21/2017) (rjm)
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Filing 91
MEMORANDUM DECISION & ORDER denying 55 Motion to Dismiss; denying 59 Motion to Dismiss. For the reasons set forth above, the motions to dismiss (ECF Nos. 55 and 59) are DENIED. The Clerk of Court is directed to terminate those motions. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/21/2017) (rj)
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Filing 90
ORDER: granting 85 Letter Motion for Extension of Time to File Response/Reply. Ordered. Let's not prepare for receipt of amicus just yet. I have serious concerns regarding whether I can decide the "embedding" and fair use issues--as they have been here briefed--or a motion to dismiss. I will decide those questions within a week I hope. If I cannot resolve the motion under 12(b)(6), then the question for you folks will be whether we should consent this now to SJ (Rule 56) or whether we proceed to discovery. Stay tuned but think about the issue. Brief due by 9/18/2017. Motion due by 9/1/2017. (Signed by Judge Katherine B. Forrest on 8/16/2017) (ap)
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| Set/Reset Deadlines: Brief due by 9/18/2017. Motions due by 9/1/2017. (ap) |
| Filing 89 JOINT REPLY MEMORANDUM OF LAW in Support re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use. . Document filed by Yahoo, Inc.. (Golinveaux, Jennifer) |
| Filing 88 DECLARATION of Lacy H. Koonce, III in Support re: 55 JOINT MOTION to Dismiss Based on "Embedding".. Document filed by Time Inc., Vox Media, Inc.. (Attachments: # 1 Exhibit "22" of Lacy H. Koonce, III's Declaration, # 2 Exhibit "23" of Lacy H. Koonce, III's Declaration, # 3 Exhibit "24" of Lacy H. Koonce, III's Declaration, # 4 Exhibit "25" of Lacy H. Koonce, III's Declaration, # 5 Exhibit "26" of Lacy H. Koonce, III's Declaration)(Koonce, Lacy) |
| Filing 87 REPLY MEMORANDUM OF LAW in Support re: 55 JOINT MOTION to Dismiss Based on "Embedding". . Document filed by Time Inc., Vox Media, Inc.. (Koonce, Lacy) |
| Filing 86 REPLY MEMORANDUM OF LAW in Support re: 57 MOTION to Dismiss for Lack of Jurisdiction . - Defendant Herald Media, Inc.'s Reply in Support of its Motion to Dismiss Plaintiff's Second Amended Complaint for Lack of Personal Jurisdiction, Pursuant to Rule 12(B)(2). Document filed by Herald Media, Inc.. (Attachments: # 1 Exhibit A)(Lipchitz, Joseph) |
| Filing 85 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine B. Forrest from Lance Koonce dated 8/10/2017. Document filed by Time Inc., Vox Media, Inc..(Koonce, Lacy) |
| Filing 84 LETTER addressed to Judge Katherine B. Forrest from Kenneth P. Norwick dated August 10, 2017 re: pending motion. Document filed by Justin Goldman. (Attachments: # 1 opinion)(Norwick, Kenneth) |
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Filing 83
ORDER granting 82 Motion to Withdraw as Attorney. Attorney Rachel Fan Stern Strom terminated. So Ordered. (Signed by Judge Katherine B. Forrest on 8/8/2017) (js)
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| Filing 82 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Rachel Fan Stern Strom to Withdraw as Attorney for Gannett Company, Inc.. Document filed by Gannett Company, Inc. (Strom, Rachel) Modified on 10/2/2017 (db). |
| Filing 81 MEMORANDUM OF LAW in Opposition re: 55 JOINT MOTION to Dismiss Based on "Embedding". . Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 80 MEMORANDUM OF LAW in Opposition re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use. . Document filed by Justin Goldman. (Attachments: # 1 screengrab, # 2 screengrab)(Norwick, Kenneth) |
| Filing 79 MEMORANDUM OF LAW in Opposition re: 57 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 78 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Fairpointe Capital LLC, Other Affiliate Blackrock, Inc. for Time Inc.. Document filed by Time Inc..(Koonce, Lacy) |
| Filing 77 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate NBCUniversal Media, LLC for Vox Media, Inc.. Document filed by Vox Media, Inc..(Koonce, Lacy) |
| Filing 76 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Breitbart News Network LLC.(Mochizuki, Tenley) |
| Filing 75 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent New England Associates Limited Partnership for New England Sports Network, Inc.. Document filed by New England Sports Network, Inc..(Kramarsky, Stephen) |
| Filing 74 DECLARATION of Stephen M. Kramarsky in Support re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use., 55 JOINT MOTION to Dismiss Based on "Embedding".. Document filed by New England Sports Network, Inc.. (Attachments: # 1 Exhibit NESN Article, # 2 Exhibit NESN Article (archived), # 3 Exhibit NESN Article (source code))(Kramarsky, Stephen) |
| Filing 73 DECLARATION of Robert Penchina in Support re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use., 55 JOINT MOTION to Dismiss Based on "Embedding".. Document filed by Gannett Company, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Penchina, Robert) |
| Filing 72 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Heavy, Inc..(Lebowitz, Marc) |
| Filing 71 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Boston Globe Media Partners, LLC.(Stanley, Lawrence) |
| Filing 70 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Yahoo Holdings, Inc., Corporate Parent Verizon Communications, Inc. for Yahoo, Inc.. Document filed by Yahoo, Inc..(Lane, Thomas) |
| Filing 69 DECLARATION of Marc A. Lebowitz in Support re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use., 55 JOINT MOTION to Dismiss Based on "Embedding".. Document filed by Heavy, Inc.. (Attachments: # 1 Exhibit Article, # 2 Exhibit Article, # 3 Exhibit Excerpt of HTML source code, # 4 Exhibit Tweet)(Lebowitz, Marc) |
| Filing 68 DECLARATION of Lacy H. Koonce, III in Support re: 55 JOINT MOTION to Dismiss Based on "Embedding"., 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use.. Document filed by Time Inc., Vox Media, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21)(Koonce, Lacy) |
| Filing 67 DECLARATION of Jennifer A. Golinveaux in Support re: 55 JOINT MOTION to Dismiss Based on "Embedding"., 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use.. Document filed by Yahoo, Inc.. (Attachments: # 1 Exhibit 1 - Uproxx Article as of July 12, 2017, # 2 Exhibit 2 - Internet Archive Version of Uproxx Article, # 3 Exhibit 3 - Excerpt of Source Code for Uproxx Article as of July 12, 2017, # 4 Exhibit 4 - Yahoo! Sports Article as of July 12, 2017, # 5 Exhibit 5 - Internet Archive Version of Yahoo! Sports Article, # 6 Exhibit 6 - Excerpt of Source Code for Yahoo! Sports Article)(Lane, Thomas) |
| Filing 66 DECLARATION of Lawrence T. Stanley, Jr. in Support re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use., 55 JOINT MOTION to Dismiss Based on "Embedding".. Document filed by Boston Globe Media Partners, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Stanley, Lawrence) |
| Filing 65 JOINT MEMORANDUM OF LAW in Support re: 55 JOINT MOTION to Dismiss Based on "Embedding". . Document filed by Time Inc., Vox Media, Inc.. (Koonce, Lacy) |
| Filing 64 DECLARATION of Joseph D. Lipchitz in Support re: 55 JOINT MOTION to Dismiss Based on "Embedding"., 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use.. Document filed by Herald Media, Inc.. (Attachments: # 1 article, # 2 article, # 3 HTML code, # 4 Twitter page)(Lipchitz, Joseph) |
| Filing 63 DECLARATION of Ryan J. Larsen in Support re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use.. Document filed by Breitbart News Network LLC. (Attachments: # 1 Exhibit A)(Mochizuki, Tenley) |
| Filing 62 DECLARATION of Jennifer Morse in Support re: 57 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Herald Media, Inc.. (Attachments: # 1 article, # 2 article)(Lipchitz, Joseph) |
| Filing 61 JOINT MEMORANDUM OF LAW in Support re: 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use. . Document filed by Yahoo, Inc.. (Lane, Thomas) |
| Filing 60 DECLARATION of Jeff Magram in Support re: 57 MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Herald Media, Inc.. (Lipchitz, Joseph) |
| Filing 59 JOINT MOTION to Dismiss the Second Amended Complaint Based on Fair Use. Document filed by Yahoo, Inc..(Lane, Thomas) |
| Filing 58 MEMORANDUM OF LAW in Support re: 57 MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Herald Media, Inc.. (Lipchitz, Joseph) |
| Filing 57 MOTION to Dismiss for Lack of Jurisdiction . Document filed by Herald Media, Inc.. Responses due by 7/31/2017(Lipchitz, Joseph) |
| Filing 56 RULE 7.1 CORPORATE DISCLOSURE STATEMENT.. Document filed by Herald Media, Inc..(Lipchitz, Joseph) |
| Filing 55 JOINT MOTION to Dismiss Based on "Embedding". Document filed by Time Inc., Vox Media, Inc..(Koonce, Lacy) |
| Filing 54 NOTICE OF APPEARANCE by Lacy Herman Koonce, III on behalf of Time Inc.. (Koonce, Lacy) |
| Filing 53 NOTICE OF APPEARANCE by Eric Joel Feder on behalf of Time Inc.. (Feder, Eric) |
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Filing 52
ORDER granting 51 Letter Motion for Extension of Time to Amend Order. ORDER: The proposed briefing schedule is approved. (Signed by Judge Katherine B. Forrest on 7/7/2017) (mro)
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| Set/Reset Deadlines: Motions due by 7/13/2017. Responses due by 7/31/2017 Replies due by 8/15/2017. (mro) |
| Filing 51 JOINT LETTER MOTION for Extension of Time to Amend 35 Order,,,, Set Deadlines,,, addressed to Judge Katherine B. Forrest from Lance Koonce dated July 6, 2017. Document filed by Vox Media, Inc..(Koonce, Lacy) |
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Filing 50
ORDER granting 49 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Katherine B. Forrest on 7/6/2017) (js)
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| Filing 49 LETTER MOTION for Extension of Time for all Defendants to File Consolidated Motions to Dismiss and Leave to File Oversized Briefs addressed to Judge Katherine B. Forrest from Lacy H. Koonce, III dated July 5, 2017. Document filed by Vox Media, Inc..(Koonce, Lacy) |
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Filing 48
ORDER FOR ADMISSION PRO HAC VICE granting 47 Motion for Joseph Dominic Lipchitz to Appear Pro Hac Vice. So Ordered. (Signed by Judge Katherine B. Forrest on 6/19/2017) (js)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 47 MOTION for Joseph Dominic Lipchitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13784715. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 47 MOTION for Joseph Dominic Lipchitz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13784715. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Herald Media, Inc.. (Attachments: # 1 Affidavit of Joseph D. Lipchitz, # 2 Exhibit to the Affidavit of Joseph D. Lipchitz, # 3 Text of Proposed Order for Admission Pro Hac Vice)(Lipchitz, Joseph) |
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Filing 46
ORDER FOR ADMISSION PRO HAC VICE: granting 43 Motion for Jennifer A. Golinveaux to Appear Pro Hac Vice. It is hereby ordered that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the local Rules of this Court, including the Rules governing discipline of attorneys. so Ordered. (Signed by Judge Katherine B. Forrest on 6/6/2017) (js)
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Filing 45
ORDER: granting 42 Motion for Lawrence T. Stanley Jr. to Appear Pro Hac Vice. It is hereby ordered that Applicant is admitted to practice pro hac vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. So Ordered. (Signed by Judge Katherine B. Forrest on 6/5/2017) (js) (js).
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| Filing 44 WAIVER OF SERVICE RETURNED EXECUTED. Yahoo, Inc. waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 43 MOTION for Jennifer A. Golinveaux to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13736777. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Yahoo, Inc.. (Attachments: # 1 Declaration of Jennifer A. Golinveaux, with Certificate, # 2 Text of Proposed Order)(Golinveaux, Jennifer) |
| Filing 42 MOTION for Lawrence T. Stanley, Jr. to Appear Pro Hac Vice for Defendant Boston Globe Media Partners, LLC. Filing fee $ 200.00, receipt number 0208-13735285. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Boston Globe Media Partners, LLC. (Attachments: # 1 Exhibit A - Affidavit of Lawrence T. Stanley, Jr. In Support of Motion For Admission Pro Hac Vice, # 2 Exhibit B - Certificate of Good Standing, # 3 Exhibit C - Proposed Order)(Stanley, Lawrence) |
| Filing 41 NOTICE OF APPEARANCE by Regina Schaffer-Goldman on behalf of Boston Globe Media Partners, LLC. (Schaffer-Goldman, Regina) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 42 MOTION for Lawrence T. Stanley, Jr. to Appear Pro Hac Vice for Defendant Boston Globe Media Partners, LLC. Filing fee $ 200.00, receipt number 0208-13735285. Motion and supporting papers to be reviewed by Clerk'. The document has been reviewed and there are no deficiencies. (wb) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 43 MOTION for Jennifer A. Golinveaux to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13736777. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 40 WAIVER OF SERVICE RETURNED EXECUTED. New England Sports Network, Inc. waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 39 WAIVER OF SERVICE RETURNED EXECUTED. Gannett Company, Inc. waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 38 SECOND AMENDED COMPLAINT amending 5 Amended Complaint, against Boston Globe Media Partners, LLC, Breitbart News Network LLC, Gannett Company, Inc., Heavy, Inc., Herald Media, Inc., New England Sports Network, Inc., Time Inc., Vox Media, Inc., Yahoo, Inc. with JURY DEMAND.Document filed by Justin Goldman. Related document: 5 Amended Complaint, filed by Justin Goldman. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K)(Norwick, Kenneth) |
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Filing 37
ORDER FOR ADMISSION PRO HAC VICE granting 36 Motion for Ryan J. Larsen to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 5/26/2017) (rjm)
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| Filing 36 MOTION for Ryan J. Larsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13704521. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Breitbart News Network LLC. (Attachments: # 1 Affidavit of Ryan J. Larsen in Support of Motion for Admission Pro Hac Vice, # 2 Ryan J. Larsen's Certificate of Standing, # 3 Text of Proposed Order)(Larsen, Ryan) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 36 MOTION for Ryan J. Larsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13704521. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 35
ORDER: On May 5, 2017, the Court directed each defendant to inform the Court whether it intends to file a motion to dismiss, and if so, provide a proposed schedule. Based on parties responses to the Courts May 5 Order, the Court sets the following schedule for moving or answering plaintiff's Complaint: 1. Any final Amended Complaint shall be filed not later than May 26, 2017. 2. All defendants shall file any motions to dismiss or answer plaintiff's Complaint not later than July 10, 2017. 3. Plaintiff shall file any opposition to defendants motions not later than July 28, 2017. 4. Defendants shall file any reply to plaintiffs opposition not later August12, 2017. Gannett Company, Inc. answer due 7/10/2017. New England Sports Network, Inc. answer due 7/10/2017. Yahoo, Inc. answer due 7/10/2017.( Amended Pleadings due by 5/26/2017. Motions due by 7/10/2017. Responses due by 7/28/2017. Replies due by 8/12/2017.) (Signed by Judge Katherine B. Forrest on 5/23/2017) (js)
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| Filing 34 WAIVER OF SERVICE RETURNED EXECUTED. Heavy, Inc. waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 33 LETTER MOTION for Leave to File amended complaint addressed to Judge Katherine B. Forrest from Kenneth P. Norwick dated May 23, 2017. Document filed by Justin Goldman.(Norwick, Kenneth) |
| Filing 32 NOTICE OF APPEARANCE by Eric Joel Feder on behalf of Vox Media, Inc.. (Feder, Eric) |
| Filing 31 NOTICE OF APPEARANCE by Lacy Herman Koonce, III on behalf of Vox Media, Inc.. (Koonce, Lacy) |
| Filing 30 LETTER addressed to Judge Katherine B. Forrest from Stephen M. Kramarsky dated May 22, 2017 re: in accordance with the Court's May 5, 2017 Order. Document filed by New England Sports Network, Inc..(Kramarsky, Stephen) |
| Filing 29 NOTICE OF APPEARANCE by Stephen M. Kramarsky on behalf of New England Sports Network, Inc.. (Kramarsky, Stephen) |
| Filing 28 LETTER addressed to Judge Katherine B. Forrest from Marc A. Lebowitz dated May 22, 2017 re: Response to Court's May 5, 2017 order. Document filed by Heavy, Inc..(Lebowitz, Marc) |
| Filing 27 LETTER addressed to Judge Katherine B. Forrest from Andrew Lachow, Time Inc. dated May 22, 2017 re: Response to Court Orders. Document filed by Time Inc..(Lachow, Andrew) |
| Filing 26 LETTER addressed to Judge Katherine B. Forrest from Thomas Patrick Lane dated May 22, 2017 re: response to the Court's Orders dated May 5, 2017 and May 17, 2017. Document filed by Yahoo, Inc..(Lane, Thomas) |
| Filing 25 LETTER addressed to Judge Katherine B. Forrest from Lawrence T. Stanley, Jr. dated May 22, 2017 re: in response to the Court's Order dated May 5, 2017. Document filed by Boston Globe Media Partners, LLC.(Goff, Bryan) |
| Filing 24 NOTICE OF APPEARANCE by Bryan P. Goff on behalf of Boston Globe Media Partners, LLC. (Goff, Bryan) |
| Filing 23 LETTER addressed to Judge Katherine B. Forrest from Tenley Mochizuki dated May 22, 2017 re: In response to the Court's Order of May 5, 2017, as clarified by the Court's Order of May 17, 2017. Document filed by Breitbart News Network LLC.(Mochizuki, Tenley) |
| Filing 22 NOTICE OF APPEARANCE by Tenley Mochizuki on behalf of Breitbart News Network LLC. (Mochizuki, Tenley) |
| Filing 21 NOTICE OF APPEARANCE by Marc Andrew Lebowitz on behalf of Heavy, Inc.. (Lebowitz, Marc) |
| Filing 20 NOTICE OF APPEARANCE by Rachel Fan Stern Strom on behalf of Gannett Company, Inc.. (Strom, Rachel) |
| Filing 19 NOTICE OF APPEARANCE by Robert Penchina on behalf of Gannett Company, Inc.. (Penchina, Robert) |
| Filing 18 LETTER addressed to Judge Katherine B. Forrest from Lance Koonce dated May 22, 2017 re: the Court's May 5, 2017 Order. Document filed by Vox Media, Inc..(Koonce, Lacy) |
| Filing 17 LETTER addressed to Judge Katherine B. Forrest from Joseph D. Lipchitz dated May 22, 2017 re: Boston Herald's preliminary view in favor of filing of a motion to dismiss.. Document filed by Herald Media, Inc..(Earley, Francis) |
| Filing 16 LETTER addressed to Judge Katherine B. Forrest from Robert Penchina dated May 22, 2017 re: Response Pursuant to the Court's May 5, 2017 Order. Document filed by Gannett Company, Inc..(Penchina, Robert) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate BlackRock, Inc. for Gannett Company, Inc.. Document filed by Gannett Company, Inc..(Strom, Rachel) |
| Filing 14 AFFIDAVIT OF SERVICE of Order dated May 17, 2017 served on Breitbart News Service, LLC, Heavy, Inc., Time, Inc. Yahoo, Inc, Vox Media,Inc., Gannett Company, Inc., Herald Media, Inc., Boston globe Media Partners, LLC, New England Sports Network, Inc... Service was made by Email. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 13 WAIVER OF SERVICE RETURNED EXECUTED. Vox Media, Inc. waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 12 WAIVER OF SERVICE RETURNED EXECUTED. Boston Globe Media Partners, LLC waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. Time Inc. waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 10 WAIVER OF SERVICE RETURNED EXECUTED. Herald Media, Inc. waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Breitbart News Network LLC waiver sent on 5/10/2017, answer due 7/10/2017. Document filed by Justin Goldman. (Norwick, Kenneth) |
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Filing 8
ORDER: The Court clarifies that the deadline for defendants to respond to the order of May 5, 2017, at ECF No. 7 is Monday, May 22, 2017. Plaintiff is directed to serve this order on defendants and to file a certificate of service on the public docket. (Signed by Judge Katherine B. Forrest on 5/17/2017) (ap)
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Filing 7
ORDER: The Court has received plaintiff's amended complaint. (ECF No. 5.) Plaintiff alleges he has filed another copyright infringement action against other defendants involving the same photograph at issue here, and that such action is currently pending before the Honorable Andrew L. Carter, Jr. (Id. paragraph 2 (citing Goldman v. Adv. Publ'ns., Inc. et al., No. 16-cv-9031 (ALC)).) Plaintiff further asserts that, in the action before Judge Carter, "a specific legal issue-which may or [may] not be presented in this action-is the subject of a motion to dismiss that is currently being briefed." (Id.) In light of this allegation, it is hereby ORDERED that each defendant shall inform the Court not later than May 20, 2017 whether it intends to file a motion dismiss in this case, and, if so, a proposed schedule. Further, plaintiff's counsel shall serve a copy of this Order on each defendant. (Signed by Judge Katherine B. Forrest on 5/5/2017) (mro)
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| Filing 6 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) (Main Document 6 replaced on 5/4/2017) (pc). |
| Filing 5 AMENDED COMPLAINT amending 1 Complaint, against Boston Globe Media Partners, LLC, Breitbart News Network LLC, Gannett Company, Inc., Heavy, Inc., Herald Media, Inc., New England Sports Network, Inc., Time Inc., Vox Media, Inc., Yahoo, Inc. with JURY DEMAND.Document filed by Justin Goldman. Related document: 1 Complaint, filed by Justin Goldman.(Norwick, Kenneth) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Kenneth P. Norwick Document No. 4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): The copyright registration number is not noted on the complaint. Please refile with corresponding information. (kl) |
| Filing 4 FILING ERROR - DEFICIENT AO 121 FORM -REGISTRATION ERROR AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Norwick, Kenneth) Modified on 5/3/2017 (kl). |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine B. Forrest. 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) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kenneth P. Norwick. The party information for the following party/parties has been modified: Boston Globe Media Partners, LLC, Breitbart News Network LLC, Gannett Company, Inc., Heavy, Inc., Herald Media, Inc., Time Inc., Vox Media, Inc., Yahoo, Inc., new england sports network inc. and Justin Goldman. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly. (pc) |
| Magistrate Judge Sarah Netburn is so designated. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Kenneth P. Norwick RE-FILE Document No. 3 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the Plaintiff field on the AO 121 Copyright form was not completed by the attorney; the Defendant field on the AO 121 Copyright form was not completed by the attorney; The copyright registration number is not noted on the complaint. Please refile with corresponding information. (pc) |
| Case Designated ECF. (pc) |
| Filing 3 FILING ERROR - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Norwick, Kenneth) Modified on 5/1/2017 (pc). |
| Filing 2 CIVIL COVER SHEET filed. (Norwick, Kenneth) |
| Filing 1 COMPLAINT against Boston Globe Media Partners, LLC, Breitbart News Network LLC, Gannett Company, Inc., Heavy, Inc., Herald Media, Inc., Time Inc., Vox Media, Inc., Yahoo, Inc., new england sports network inc.. (Filing Fee $ 400.00, Receipt Number 0208-13601064)Document filed by Justin Goldman.(Norwick, Kenneth) |
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