Sanfiorenzo v. Besson et al
| Phyllis Sidia Sanfiorenzo |
| Marc Scmuger, Virginie Besson-Silla, Mr.& Mrs. Luc Besson, Cinemax, Universal City Studios Productions LLLP, Christophe Lambert, Universal Studios Motion Picture Distribution, Universal Studios, Europacorp Films USA Inc, FX, H.B.O., All Production Affiliates of Movie "Lucy", All Distribution Entities, Home Box Office, Inc., Comcast Corporation, Virginia Silla Besson, Compcast Corp. Europa Corp., FX Networks, LLC, John and Jane Doe and Luc Besson |
| 1:2017cv05461 |
| July 18, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H Pauley |
| Civil Rights: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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This docket was last retrieved on December 10, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Transmission of USCA Mandate/Order to the District Judge re: #79 USCA Mandate. (tp) |
| Filing 79 MANDATE of USCA (Certified Copy) as to #74 Notice of Appeal filed by Phyllis Sidia Sanfiorenzo USCA Case Number 19-0827. Appellant, pro se, moves to proceed in forma pauperis and for appointment of counsel. Upon due consideration, it is hereby ORDERED that the motions are DENIED and the appeal is DISMISSED because it "lacks an arguable basis either in law or in fact." Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also 28 U.S.C. 1915(e). Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/9/2019. (tp) |
| Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE CORRECTED proceeding held on 11/21/17 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...(McGuirk, Kelly) |
| Filing 77 TRANSCRIPT of Proceedings re: CONFERENCE CORRECTED held on 11/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Kelly Surina, (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 8/7/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/15/2019.(McGuirk, Kelly) |
| Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/21/17 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...(McGuirk, Kelly) |
| Filing 75 TRANSCRIPT of Proceedings re: conference held on 11/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Kelly Surina, (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 6/3/2019. Redacted Transcript Deadline set for 6/13/2019. Release of Transcript Restriction set for 8/12/2019.(McGuirk, Kelly) |
| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #74 Notice of Appeal filed by Phyllis Sidia Sanfiorenzo were transmitted to the U.S. Court of Appeals. (tp) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #74 Notice of Appeal. (tp) |
| Filing 74 NOTICE OF APPEAL from #71 Clerk's Judgment. Document filed by Phyllis Sidia Sanfiorenzo. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Motion for IFP) (tp) |
| Appeal Remark as to #74 Notice of Appeal filed by Phyllis Sidia Sanfiorenzo. IFP GRANTED 07/20/2017. (tp) |
| Appeal Fee Not Required for #74 Notice of Appeal. Appeal filed In Forma Pauperis. (tp) |
Filing 73
ORDER re: #72 Letter filed by Phyllis Sidia Sanfiorenzo: Sanfiorenzo's application for a waiver of the fee to retrieve a transcript (ECF No. 72) is denied. Moreover, by Memorandum & Order dated March 4, 2019, this Court dismissed Sanfiorenzo's complaint in its entirety. (ECF No. 70.) This Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from that Memorandum & Order would not be taken in good faith. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this Order to Sanfiorenzo. (Signed by Judge William H. Pauley, III on 3/11/2019) (jwh) Transmission to Docket Assistant Clerk for processing.
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| Mailed a copy of #73 Order, to Phyllis Sidia Sanfiorenzo 189 Stanton Street Apt. 4B New York, NY 10002. (vba) |
| Mailed a copy of #71 Clerk's Judgment, #70 Order on Motion to Dismiss, Notice of Appeal Forms to Phyllis Sidia Sanfiorenzo 189 Stanton Street Apt. 4B New York, NY 10002. (vba) |
| Filing 72 LETTER addressed to Judge William H. Pauley, III from P. Sanfiorenzo dated 3/6/19 re: TRANSCRIPT RETRIEVAL- FEE WAIVER. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 71 CLERK'S JUDGMENT re: #70 Order on Motion to Dismiss. in favor of Comcast Corporation, Europacorp Films USA Inc, FX Networks, LLC, Home Box Office, Inc., Universal City Studios Productions LLLP, Luc Besson, Virginie Besson-Silla against Phyllis Sidia Sanfiorenzo. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated March 4, 2019, Defendants' motion to dismiss is granted; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 03/04/2019) (Attachments: #1 Notice of Right to Appeal)(dt) |
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Filing 70
MEMORANDUM & ORDER granting #61 Motion to Dismiss. For the foregoing reasons, Defendants' motion to dismiss is granted. The Clerk of Court is directed to terminate all pending motions and to mark this case as closed. (Signed by Judge William H. Pauley, III on 3/4/2019) (mro) Transmission to Orders and Judgments Clerk for processing.
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| Terminate Transcript Deadlines (dt) |
| Filing 69 AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T, Inc. for Home Box Office, Inc.. Document filed by Home Box Office, Inc..(Lemoine, Dominique) |
| Filing 68 REPLY MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss the Amended Complaint. . Document filed by Luc Besson, Virginie Besson-Silla, Comcast Corporation, Europacorp Films USA Inc, FX Networks, LLC, Home Box Office, Inc., Universal City Studios Productions LLLP. (Lemoine, Dominique) |
| Filing 67 MEMORANDUM OF LAW IN RESPONSE OF MOTION TO DISMISS THE AMENDED COMPLAINT; in Opposition to re: #61 MOTION to Dismiss the Amended Complaint. (sc) |
| Filing 66 LETTER addressed to Judge William H. Pauley, III from Shelley Momo dated 6/5/2018 re: Response to Plaintiff's Letter Regarding Service on Europacorp Films USA Inc.. Document filed by Europacorp Films USA Inc.(Momo, Shelley) |
| Filing 65 LETTER addressed to Judge William H. Pauley, III from Phyllis Sanfiorenzo, dated 5/29/18 re: Plaintiff requests that the attorneys for Europacorp Films USA, Lemoine & Lefebure, accept service on its behalf. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 64 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Europacorp Films USA Inc. Attempted Service of Summons and Amended Complaint,. Service was attempted on 4/25/2018. Document filed by Phyllis Sidia Sanfiorenzo. (rro) |
| Filing 63 MEMORANDUM OF LAW in Support re: #61 MOTION to Dismiss the Amended Complaint. . Document filed by Luc Besson, Virginie Besson-Silla, Comcast Corporation, Europacorp Films USA Inc, FX Networks, LLC, Home Box Office, Inc., Universal City Studios Productions LLLP. (Attachments: #1 Exhibit Exhibit A - Comparison Chart)(Lemoine, Dominique) |
| Filing 62 DECLARATION of Shelley Momo in Support re: #61 MOTION to Dismiss the Amended Complaint.. Document filed by Luc Besson, Virginie Besson-Silla, Comcast Corporation, Europacorp Films USA Inc, FX Networks, LLC, Home Box Office, Inc., Universal City Studios Productions LLLP. (Attachments: #1 Exhibit Exhibit A - Deposit Copy of Cool Cave, #2 Exhibit DVD/Blue-ray disc of Lucy)(Lemoine, Dominique) |
| Filing 61 MOTION to Dismiss the Amended Complaint. Document filed by Luc Besson, Virginie Besson-Silla, Comcast Corporation, Europacorp Films USA Inc, FX Networks, LLC, Home Box Office, Inc., Universal City Studios Productions LLLP. Responses due by 6/5/2018(Lemoine, Dominique) |
| Filing 60 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a confernece proceeding held on 3/20/18 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 59 TRANSCRIPT of Proceedings re: confernce held on 3/20/2018 before Judge William H. Pauley, III. 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 5/8/2018. Redacted Transcript Deadline set for 5/18/2018. Release of Transcript Restriction set for 7/16/2018.(McGuirk, Kelly) |
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Filing 58
STIPULATION TO AMEND THE CAPTION: WHEREFORE, in light of the Court's order on March 20, 2018, the parties hereby agree and stipulate as follows: the official caption for this action shall be amended to: PHYLLIS SIDIA SANFIORENZO, Plaintiff, v. LUC BESSON, VIRGINIE BESSON-SILLA, FX NETWORKS, LLC, UNIVERSAL CITY STUDIOS PRODUCTIONS LLLP, HOME BOX OFFICE, INC., COMCAST CORPORATION, EUROPACORP FILMS USA INC., and JOHN AND JANE DOE Defendants. Application granted. The Clerk of Court is directed to amend the caption of this action in conformance with the final "wherefore" clause on page 3 of this Stipulation. (Luc Besson, Virginie Besson-Silla, FX Networks, LLC, Universal City Studios Productions LLLP and Home Box Office, Inc. added. Cinemax, Compcast Corp. Europa Corp., FX, H.B.O., Universal Studios Motion Picture Distribution, Luc Besson and Virginia Silla Besson terminated.) (Signed by Judge William H. Pauley, III on 3/29/2018) (jwh)
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| Filing 57 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION to Amend/Correct the Caption. Document filed by Luc Besson, Virginia Silla Besson, Comcast Corporation, Europacorp Films USA Inc, FX, H.B.O., Universal Studios Motion Picture Distribution.(Lemoine, Dominique) Modified on 4/9/2018 (db). |
| Filing 56 NOTICE OF APPEARANCE by Dominique Marc Henri Lemoine on behalf of Virginia Silla Besson. (Lemoine, Dominique) |
| Filing 55 NOTICE OF APPEARANCE by Shelley Momo on behalf of Virginia Silla Besson. (Momo, Shelley) |
| Filing 54 LETTER addressed to Judge William H. Pauley, III from Dominique Lemoine dated 03/27/2018 re: Response to Plaintiff's Letter Regarding the Stipulation to Amend the Caption. Document filed by Luc Besson, Virginia Silla Besson, Comcast Corporation, Europacorp Films USA Inc, FX, H.B.O., Universal Studios Motion Picture Distribution.(Lemoine, Dominique) |
| Filing 53 LETTER addressed to Judge William H. Pauley, III from Phyllis S. Sanfiorenzo, dated 3/26/18 re: STIPULATION TO AMEND CAPTION DISPUTE. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 3/20/2018. |
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Filing 52
SCHEDULING ORDER: Defendants' motion to dismiss shall be filed by April 20, 2018. Plaintiff's opposition to the motion to dismiss shall be filed by June 5, 2018. Defendants' reply shall be filed by June 18, 2018. The Clerk of Court is directed to terminate Defendants "Marc Scmuger" and "Christophe Lambert" from the docket in view of Plaintiff's consent to dismiss them from this action. Additionally, the Clerk of Court is directed to terminate the defendant styled "All Production Affiliates of Movie 'Lucy,' All Distribution Entities" in view of Plaintiff's representation that this term broadly covers a number of defendants that are already represented by counsel in this case. Further, in view of the service issues raised by Defendants Luc Besson and Europacorp Films USA, Inc. (ECF No. 50), this Court concludes that service of the summons and complaint is effective as of March 20, 2018, accepted by counsel on behalf of Luc Besson, Europacorp Films USA, Inc., and Virginia Besson, and that each of these Defendants is granted an extension of time to properly respond to the complaint, including joining the anticipated motion to dismiss. Finally, Defendants are directed to confer with Plaintiff and submit a joint stipulation presenting an amended caption to accurately reflect all parties for this Court's approval by March 30, 2018. (Motions due by 4/20/2018. Responses due by 6/5/2018. Replies due by 6/18/2018.) (Signed by Judge William H. Pauley, III on 3/20/2018) (ras)
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Filing 51
ORDER granting #50 Letter Motion for Conference: Application granted. These issues will be discussed at the March 20, 2018 pre-motion conference. (Signed by Judge William H. Pauley, III on 3/20/2018) (jwh)
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| Filing 50 LETTER MOTION for Conference on Defendants' Intended Motion to Request Leave of Court to Respond addressed to Judge William H. Pauley, III from Dominique Lemoine dated 03/20/2018. Document filed by Luc Besson, Europacorp Films USA Inc. Return Date set for 3/27/2018 at 11:59 PM.(Lemoine, Dominique) |
| Filing 49 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent EuropaCorp S.A., Corporate Parent Fundamental Films for Europacorp Films USA Inc. Document filed by Europacorp Films USA Inc.(Lemoine, Dominique) |
| Filing 48 NOTICE OF APPEARANCE by Dominique Marc Henri Lemoine on behalf of Luc Besson, Europacorp Films USA Inc. (Lemoine, Dominique) |
| Filing 47 NOTICE OF APPEARANCE by Shelley Momo on behalf of Luc Besson, Europacorp Films USA Inc. (Momo, Shelley) |
| Filing 46 LETTER addressed to Judge William H. Pauley, III from Phyllis Sanfiorenzo, dated 3/13/18 re: SUMMONS FOR VIRGINIA SILLA BESSON FOR AMENDED COMPLAINT. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 45 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Comcast Corporation, FX, H.B.O., Universal Studios Motion Picture Distribution.(Momo, Shelley) |
| Filing 44 NOTICE OF APPEARANCE by Rachel Fan Stern Strom on behalf of Comcast Corporation, FX, H.B.O., Universal Studios. (Strom, Rachel) |
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Filing 42
ORDER granting in part and denying in part #40 Letter Motion for Conference: Application granted in part. The pre-motion conference shall be held in conjunction with the initial conference on March 20, 2018 at 1:00 p.m. Defendants' application to stay discovery is denied. The parties are directed to file a joint Rule 26(f) report in compliance with this Court's individual rules of practice. (Pre-Motion Conference set for 3/20/2018 at 01:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 2/23/2018) (jwh)
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| Filing 41 LETTER addressed to Judge William H. Pauley, III from Phyllis Sanfiorenzo, dated 2/20/18 re: AMENDED COMPLAINT/ IN RESPONSE TO : REQUEST FOR CONFERENCE TO FILE MOTION TO DISMISS. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 40 LETTER MOTION for Conference on Defendants' Intended Motion to Dismiss addressed to Judge William H. Pauley, III from Dominique Lemoine dated 2/20/2018. Document filed by Comcast Corporation, FX, H.B.O., Universal Studios Motion Picture Distribution. Return Date set for 2/27/2018 at 11:59 PM.(Lemoine, Dominique) |
| Filing 38 NOTICE OF APPEARANCE by Shelley Momo on behalf of FX. (Momo, Shelley) |
| Filing 37 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Twenty-First Century Fox, Inc. for FX. Document filed by FX.(Lemoine, Dominique) |
| Filing 36 NOTICE OF APPEARANCE by Dominique Marc Henri Lemoine on behalf of FX. (Lemoine, Dominique) |
| Filing 35 LETTER addressed to Judge William H. Pauley, III from Phyllis S. Sanfiorenzo, dated 2/9/18 re: ADJOURNMENT OF CONFERENCE. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 43 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Marc Scmuger. Attempted Service of Summons and Amended Complaint. Service was attempted on 1/30/2018. Document filed by Phyllis Sidia Sanfiorenzo. (rro) |
| Filing 39 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Luc Besson served on 1/16/2018, answer due 2/6/2018. Service was accepted by Elizabeth Foster, Asst. to Attorney Peter Nichols. Document filed by Phyllis Sidia Sanfiorenzo. (sc) |
| Filing 34 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Comcast Corporation, Corporate Parent NBC Universal Media, LLC for Universal Studios Motion Picture Distribution. Document filed by Universal Studios Motion Picture Distribution.(Lemoine, Dominique) |
| Filing 33 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Time Warner, Inc. for H.B.O.. Document filed by H.B.O..(Lemoine, Dominique) |
| Filing 32 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Comcast Corporation.(Lemoine, Dominique) |
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Filing 31
ORDER granting #30 Letter Motion to Adjourn Conference: Application granted. The initial conference is adjourned to March 20, 2018 at 1 p.m. (Initial Conference set for 3/20/2018 at 01:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 2/2/2018) (jwh)
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| Received Form U.S.M.-285 for defendant(s): Europa Corp. Films, USA on 02/02/2018. Summons to be issued listing these defendants for service of #8 Amended Complaint. (sbr) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 02/02/2018 Re: Judge William H. Pauley, III #5 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Europa Corp. Films, USA. (sbr) |
| SUMMONS ISSUED as to Europa Corp. Films, USA. (sbr) |
| Filing 30 LETTER MOTION to Adjourn Conference on February 9, 2018 addressed to Judge William H. Pauley, III from Dominique Lemoine dated 2/1/2018. Document filed by Comcast Corporation, H.B.O., Universal Studios Motion Picture Distribution. (Attachments: #1 Text of Proposed Order)(Momo, Shelley) |
| Filing 29 NOTICE OF APPEARANCE by Shelley Momo on behalf of Comcast Corporation. (Momo, Shelley) |
| Filing 28 NOTICE OF APPEARANCE by Dominique Marc Henri Lemoine on behalf of Comcast Corporation. (Lemoine, Dominique) |
| Filing 27 NOTICE OF APPEARANCE by Shelley Momo on behalf of Universal Studios Motion Picture Distribution. (Momo, Shelley) |
| Filing 26 NOTICE OF APPEARANCE by Shelley Momo on behalf of H.B.O.. (Momo, Shelley) |
| Filing 25 NOTICE OF APPEARANCE by Dominique Marc Henri Lemoine on behalf of Universal Studios Motion Picture Distribution. (Lemoine, Dominique) |
| Filing 24 NOTICE OF APPEARANCE by Dominique Marc Henri Lemoine on behalf of H.B.O.. (Lemoine, Dominique) |
| Filing 23 MEMO ENDORSEMENT on re: #21 Letter filed by Phyllis Sidia Sanfiorenzo. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 1/29/2018) (jwh) |
| Filing 21 LETTER addressed to Judge William H. Pauley, III from P. Sanfiorenzo dated, 1/25/18 re: MORE TIME FOR SERVICE AMENDED COMPLAINT. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 22 LETTER addressed to Judge William H. Pauley, III from P. Sanfiorenzo, dated 1/25/18 re: SUMMONS FOR SERVICE AMENDED COMPLAINT. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 20 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Cinemax served on 12/27/2017, answer due 2/26/2018. Service was made by Mail, signed and returned by Jessica Davidovitch, VP and Senior Counsel. Document filed by Phyllis Sidia Sanfiorenzo. (sc) |
| Filing 19 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. H.B.O. served on 12/27/2017, answer due 2/26/2018. Service was made by Mail, signed and returned by Jessica Davidovitch, VP & Senior Counsel. Document filed by Phyllis Sidia Sanfiorenzo. (sc) |
| Filing 18 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. FX served on 12/22/2017, answer due 2/20/2018. Service was made by Mail, signed and returned by Bonnie Bogin, Asst. Secretary/ Counsel. Document filed by Phyllis Sidia Sanfiorenzo. (sc) |
| Filing 17 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Universal Studios Motion Picture Distribution served on 12/20/2017, answer due 2/20/2018. Service was made by Mail, signed and returned by Tania Hoff, Attorney. Document filed by Phyllis Sidia Sanfiorenzo. (sc) |
| Filing 16 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE EXECUTED. Summons and Amended Complaint, served. Compcast Corp. Europa Corp. served on 12/20/2017, answer due 2/20/2018. Service was made by Mail, signed and returned by David L. Marcus, attorney. Document filed by Phyllis Sidia Sanfiorenzo. (sc) |
| Filing 15 MARSHAL'S PROCESS RECEIPT AND RETURN OF SERVICE UNEXECUTED as to Compcast Corp. Europa Corp.. Attempted Service of Summons and Amended Complaint. Service was attempted on 12/18/17. Document filed by Phyllis Sidia Sanfiorenzo. (sc) |
| Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 11/21/2017. (Choi, Brian) |
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Filing 14
SCHEDULING ORDER: The Plaintiff having appeared for an initial conference on November 21, 2017, but with none of the Defendants having yet been served, this Court will re-schedule another conference in this action for February 9, 2018 at 10:00 a.m. At that conference, the parties should be prepared to discuss the entry of a discovery schedule and the merits of the Plaintiff's claims. Initial Conference set for 2/9/2018 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 12/21/2017) (cf)
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| Filing 13 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Phyllis Sidia Sanfiorenzo consents to receive electronic service via the ECF system. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| SUMMONS ISSUED as to H.B.O. and Cinemax. (sbr) |
| Received Form U.S.M.-285 for defendant(s): HBO and Cinemax on 11/13/2017. Summons to be issued listing these defendants for service of #8 Amended Complaint. (sbr) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/14/2017 Re: Judge William H. Pauley, III #5 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)HBO and Cinemax. (sbr) |
| Received Form U.S.M.-285 for defendant(s): FX, Marc Shmuger, Comcast Corp, Universal Studios on 11/7/2017. Summons to be issued listing these defendants for service of #8 Amended Complaint,. (sbr) |
| SUMMONS ISSUED as to Luc Besson, Virginia Silla Besson, FX, Marc Shmuger, Comcast Corp, Universal Studios, Europa Corp. (sbr) |
| FRCP 4 SERVICE PACKAGE HAND DELIVERED TO U.S.M.: on 11/8/2017 Re: Judge William H. Pauley, III #5 Order of Service. The following document(s) were enclosed in the Service Package: Summons, IFP, Order of Service, Completed U.S.M. form(s) for defendant(s)Luc Besson, Virginia Silla Besson, FX, Marc Shmuger, Comcast Corp, Universal Studios, Europa Corp.. (sbr) |
| Filing 12 MEMO ENDORSEMENT on re: #11 Letter filed by Phyllis Sidia Sanfiorenzo. ENDORSEMENT: Application granted. The Clerk of Court is directed to reinstate Defendant H.B.O. as a defendant on the docket. (See Amended Complaint, ECF No. 8, at 5.) (Signed by Judge William H. Pauley, III on 11/2/2017) (jwh) |
| Filing 11 LETTER addressed to Judge William H. Pauley, III from Phyllis Sanfiorenzo, dated 10/31/17 re: RESTORE H.B.O. DEFENDANT. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 10 LETTER addressed to Judge William H. Pauley, III from Phyllis Sanfiorenzo, dated 10/23/17 re: MORE TIME FOR SERVICE. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
| Filing 9 MEMO ENDORSEMENT on re: #7 Letter, filed by Phyllis Sidia Sanfiorenzo. ENDORSEMENT: Application granted. The initial conference is adjourned to November 21, 2017 at 11:30 a.m. (Initial Conference set for 11/21/2017 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/23/2017) (jwh) |
| Received Form U.S.M.-285 for defendant(s): Europa Corp., Luc Besson, Virginia Silla Besson. on 10/19/2017. Summons to be issued listing these defendants for service of #8 Amended Complaint,. (sbr) |
| Filing 8 AMENDED COMPLAINT; re: amending #2 Complaint against All Production Affiliates of Movie "Lucy", All Distribution Entities, Luc Besson, Virginia Silla Besson, Cinemax, Compcast Corp. Europa Corp., FX, John and Jane Doe, Christophe Lambert, Marc Shmuger, Universal Studios Motion Picture Distribution.Document filed by Phyllis Sidia Sanfiorenzo. Related document: #2 Complaint.(sc) |
| Filing 7 LETTER addressed to Judge William H. Pauley, III from Phyllis Sidia Sanfiorenzo, dated 10/19/17 re: Plaintiff requests that the initial conference, scheduled for 10/25/17, be adjourned by the Court for at least seven to ten business days. Document filed by Phyllis Sidia Sanfiorenzo.(sc) |
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Filing 6
ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/25/2017 at 10:30 AM in Courtroom 20B at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/6/2017) (mro)
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| FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 9/21/2017 via Regular Mail. The information package included: a copy of the Order of Service, Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms, United States Marshal (U.S.M.-285) forms (One For Each Defendant). (sbr) |
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Filing 5
ORDER OF SERVICE: To allow Plaintiff to effect service on Defendants through the U.S. Marshals Service, the Clerk of Court is instructed to send Plaintiff U.S. Marshals Service Process Receipt and Return forms ("USM-285 form") for Mr. & Mrs. Luc Besson, FX, Universal Studios, H.B.O., Marc Shmugar, Christopher Lambert, Cinemax, Compcast Corp., and Europa Corp. Within thirty days of the date of this order, Plaintiff must complete a USM-285 form for each of these defendants and return those forms to the Court's Pro Se Intake Unit. Upon receipt of each completed USM-285 form, the Clerk of Court shall issue a summons and deliver to the Marshals Service all of the paperwork necessary for the Marshals Service to effect service upon each of these defendants. It is Plaintiff's responsibility to ensure that service is made within 90 days of the date the summons is issued and, if necessary, to request an extension of time for service. See Meilleur v. Strong, 682 F.3d 56, 63 (2d Cir. 2012). Plaintiff also must notify the Court in writing if Plaintiff's address changes, and the Court may dismiss the action if Plaintiff fails to do so. 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). USM-285 Form due by 10/19/2017. Request for Issuance of Summons due by 10/19/2017. (Signed by Judge William H. Pauley, III on 9/19/2017) (mro)
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| NOTICE OF CASE REASSIGNMENT to Judge William H. Pauley, III. Judge Unassigned is no longer assigned to the case. (ma) |
| Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) |
| Magistrate Judge Barbara C. Moses is redesignated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (ma) Modified on 9/6/2017 (ad). |
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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 Colleen McMahon on 7/20/2017) (sac)
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| Transmission to Docket Assistant Clerk. Transmitted re: #3 Order Granting IFP Application, to the Docket Assistant Clerk for case processing. (sac) |
| Mailed a copy of #3 Order Granting IFP Application, to Phyllis Sidia Sanfiorenzo 189 Stanton Street Apt. 4B New York, NY 10002. (jgo) |
| Filing 2 COMPLAINT against Luc Besson, Cinemax, Compcast Corp. Europa Corp., FX, H.B.O., Christophe Lambert, Marc Scmuger, Universal Studios. Document filed by Phyllis Sidia Sanfiorenzo.(rdz) |
| Filing 1 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Phyllis Sidia Sanfiorenzo.(rdz) |
| Case Designated ECF. (rdz) |
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