Trombetta v. Novocin et al
| Annamarie Trombetta |
| Norb Novocin, Marie Novocin and Estate Auctions, Inc. |
| 1:2018cv00993 |
| February 5, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Copyrights |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
545
ORDER granting 544 Letter Motion to Seal. The foregoing request is granted. The Clerk of Court is respectfully directed to seal Plaintiff's motion for reconsideration, docket entry no. 542, with access limited to Plaintiff, Defendants, and court personnel. Ms. Trombetta is again reminded that she is prohibited from filing confidential information on the public docket. Allconfidential information disclosed during discovery or the course of this litigation must be filed with the Co urt under seal. This resolves docket entry 544. The Court will consider and decide Ms. Trombetta's motions for reconsideration and extension of time to file an appeal. (Docket entry nos. 542, 543.) The Clerk ofCourt is respectfully directed to mail a copy of this order to Ms. Trombetta at 175 East 96th Street, Apt. 12R, New York, NY 10128. SO ORDERED. (Signed by Judge Laura Taylor Swain on 3/25/2024) (vfr)
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Filing
538
MEMORANDUM OPINION AND ORDER re: 418 MOTION for Summary Judgment filed by Estate Auctions, Inc., Marie Novocin, Norb Novocin, 423 MOTION for Summary Judgment filed by WorthPoint Corporation. For the foregoing re asons, WorthPoint's motion for summary judgment is granted in its entirety, EAI's motion for summary judgment is granted in part and denied in part, Plaintiff's motion for summary judgment as against WorthPoint is denied in its enti rety, and Plaintiff's motion for summary judgment against EAI is granted in part and denied in part. This Memorandum Order and Opinion resolves docket entry nos. 400, 403, 408, 418, 423, 432, 437, 439, and 443. The Clerk of Court is respe ctfully requested to enter judgment as follows and close this case: On Plaintiff's VARA claim, judgment will be entered for Ms. Trombetta and against Estate Auctions, Inc. and Norb Novocin, jointly and severally in the amount of $1,000. On Plaintiff's direct copyright infringement claim, judgment will be entered for Ms. Trombetta and against Estate Auctions, Inc., and Norb Novocin in the amount of $1.00. Judgment will be entered in favor of Estate Auctions, Inc. and Nor b Novocin with respect to all remaining claims. Judgment will also be entered in favor of Marie Novocin and WorthPoint on all claims. The Clerk of Court is respectfully directed to mail a copy of this order to Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/20/2024) (vfr) Transmission to Orders and Judgments Clerk for processing.
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Filing
537
MEMORANDUM ORDER terminating 429 MOTION OF PROFERRING EXPERT WITNESS ART APPRAISER GAYLE SKLUZACEK; denying 522 Motion for Reconsideration re 429 MOTION OF PROFERRING EXPERT WITNESS ART APPRAISER GAYLE SKLUZACEK filed by Annamarie T rombetta. For the foregoing reasons, the Court concludes that Judge Cave's order was neither clearly erroneous nor contrary to law. Plaintiff's objection is, therefore, overruled and Judge Cave's order stands. This Memorandum O rder resolves docket entries nos. 429, 444, and 522. The Clerk of Court is respectfully directed to mail a copy of this order to Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/8/2024) (vfr)
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Filing
535
ORDER denying 531 Motion to Seal; denying 534 Letter Motion for Discovery.The December Order did not reopen discovery or authorize any party to file new exhibits in connection with the pending motion practice. Therefore, Plaintiff's moti on is untimely and unauthorized. For the foregoing reasons, Plaintiff's motion is denied. This resolves docket entry nos. 531 and 534. The Clerk of Court is respectfully directed to mail a copy of this order to the Plaintiff at the below address. SO ORDERED. (Signed by Chief Judge Laura Taylor Swain on 12/29/2023) (tg)
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Filing
528
ORDER: Accordingly, it is hereby ORDERED that Defendant WorthPoint Corporation file under seal, with access to the Plaintiff, Defendant WorthPoint, and court personnel only, the unredacted version of Jason Packer's Declaration (docket en try no. 425-6, 480-2), as well as any other evidence that was redacted to protect proprietary information and offered in connection with WorthPoint's Motion for Summary Judgment (docket entry no. 423), within 7 days of the date of entry of th is Order. The Parties are directed to comply with the Individual Practices rules of the undersigned in connection with further proceedings in this case. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff at the below address. SO ORDERED. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, NY 10128. (Signed by Judge Laura Taylor Swain on 12/13/2023) (vfr)
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Filing
523
ORDER, The Court has received Plaintiff's "motion to correct or motion to reconsider Judge Cave's Order & Opinion ECF 509." Defendants are directed to file their opposition, if any, by July 25, 2023. Plaintiff Trombetta's reply to the opposition, if any, must be filed by August 1, 2023. SO ORDERED. ( Replies due by 8/1/2023., Responses due by 7/25/2023) (Signed by Judge Laura Taylor Swain on 7/11/23) (yv)
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Filing
520
ORDER: The Court has reviewed the parties' submissions in docket entry nos. 510, 511, 512, and 513. To the extent that Plaintiff requests expedited ruling on the pending motions concerning the admissibility of testimony from her p roposed expert witnesses at trial, that request is denied. Those motions (docket entry nos. 400, 403, and 429 (the "Evidentiary Motions")) shall be considered in the first instance, if at all, as relevant to the pending motions for su mmary judgment. As to Defendant's request that the Court not consider allegations contained within Plaintiff's letter at docket entry no. 510 in resolving the Evidentiary Motions, that request is granted, as Plaintiff did not reques t leave to file a sur-reply. As to Defendant's request that the Court permit Defendants not to respond to future submissions by Plaintiff unless directed by the Court to do so, that request is granted, and the Court will presume the allegatio ns contained within any such future submission are disputed by Defendants. Plaintiff is reminded that she must consult with opposing parties before filing any submission with the Court, pursuant to Judge Swains individual rules of practice. See I ndividual Practices of Judge Laura Taylor Swain, Rule A(1)(b). This case remains referred to Magistrate Judge Sarah Cave for General Pretrial Management. This order resolves docket entry nos. 510, 511, 512, and 513. SO ORDERED. (Signed by Judge Laura Taylor Swain on 7/5/2023) (vfr)
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Filing
509
OPINION AND ORDER: re: 462 LETTER MOTION for Discovery (to preclude the untimely and insufficient expert disclosures of Dr. Scelsa, served on February 16, 2023, and Ms. Skluzacek, served on February 22, 2023). addressed to Magistrate Judge Sarah L. Cave from Jana S. Far filed by WorthPoint Corporation. For the reasons set forth above, the Motion is GRANTED and, pursuant to Federal Rule of Civil Procedure 37(c)(1), Ms. Trombetta is PRECLUDED from relying on the reports and/or testimony of Dr. Scelsa and Ms. Skluzacek.The Clerk of the Court is respectfully directed to (i) close ECF No. 462, and (ii) mail a copy of this Opinion & Order to Ms. Trombetta at the address below. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/22/2023) (ama)
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Filing
454
ORDER. The Court orders as follows: 1. By May 16, 2023, Plaintiff shall communicate to Defendant by email her current settlement demand. 2. By May 23, 2023, Defendants shall respond to Plaintiff with their counteroffer. 3. By May 30, 2023, each pa rty shall file a letter with the Court indicating whether they request a settlement conference. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/25/23) (yv)
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Filing
449
ORDER: The Court is in receipt of Defendant WorthPoint Corp.'s ("WorthPoint") April 18, 2023 letter requesting, inter alia, that, pursuant to Fed. R. Civ. P. 26, the Court reject the "untimely expert disclosures" of pro se Pl aintiff Annamarie Trombetta ("Ms. Trombetta"). (ECF No. 436 (the "Request")). Having reviewed the Request, the Court orders as follows: 1. By May 11, 2023, WorthPoint shall file a letter, no longer than five (5) pages exclusive of exhibits, setting forth the procedural history and legal authority supporting the Request. 2. By June 1, 2023, Ms. Trombetta shall file a letter, no longer than five (5) pages exclusive of exhibits, in response to the Request. 3. By June 8, 2023, WorthPoint shall file a reply, no longer than three (3) pages. The Clerk of Court is respectfully directed to mail a copy of this order to Ms. Trombetta. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/20/2023) (ama)
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Filing
391
ORDER. WorthPoint's request for a determination of the fees to which Mr. OLeary may be entitled is DENIED WITHOUT PREJUDICE to renewal following a determination by the Court whether he will serve as an expert, or as a fact, witness in this a ction. The Clerk of the Court is respectfully directed to (i) close ECF No. 383, and (ii) mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt. 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/20/23) (yv)
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Filing
389
ORDER: To enable the Court to rule on the Letter-Motion, WorthPoint shall file the (i) the Invoices, and (ii) the Transcript by Monday, March 20, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED. Mail To: Annamarie Trombetta 175 East 96th Street, Apt 12 New York, New York 10128. (Signed by Magistrate Judge Sarah L Cave on 3/14/2023) (tg)
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Filing
387
ORDER, The Court is in receipt of pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letter dated March 8, 2023, (ECF No. 386), and orders as follows: 1. On December 8, 2022, the Court deemed Defendants' production concerning th e "coding for EAI00058 and EAU00060" (the "Emails") complete and all production-related issues resolved. (ECF No. 327). Defendants are not required to make any further production concerning the Emails. 2. On December 13, 2022, t he Court struck Ms. Trombetta's revised proposed amended complaint (ECF No. 368) because the Court had already indicated that the previously-filed proposed amended complaint (ECF No. 348-1) will serve as the operative pleading in this action (ECF No. 366). (ECF No. 370). 3. On March 7, 2023, the Court denied Ms. Trombetta's request to re-open fact discovery and deemed all discovery-fact and expert-closed. (ECF No. 384 at 10-11 (the "Mar. 7 Order")). To the extent Ms. Tr ombetta seeks permission to serve any expert reports past the deadlines the Court has set, of which Ms. Trombetta had adequate notice, that request is DENIED. (See ECF Nos. 333; 340; 361; 364; 367; 375). Pursuant to the Mar. 7 Order (ECF No. ECF No. 384 at 10-11), by Friday, April 7, 2023, the parties shall file any anticipated motions (i) for summary judgment pursuant to Federal Rule of Civil Procedure 56, and/or (ii) to proffer or exclude a partys experts pursuant to Federal Rule of E vidence 702 and Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. ( Motions due by 4/7/2023.) (Signed by Magistrate Judge Sarah L Cave on 3/10/23) (yv)
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Filing
385
ORDER re: 383 Letter filed by WorthPoint Corporation. The Court is in receipt of Defendant WorthPoint Corp.'s letter dated March 6, 2023. (ECF No. 383 (the "Letter-Motion")). Accordingly, Ms. Trombetta is directe d to file her response to the Letter-Motion by Friday, March 10, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta 175 East 96th Street, Apt 12R New York, New York 10128. SO ORDERED. ( Responses due by 3/10/2023) (Signed by Magistrate Judge Sarah L Cave on 3/7/2023) (tg)
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Filing
378
ORDER: The Court is in receipt of pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") letters dated February 23, 2023, (ECF Nos. 376-77), and orders as follows: (1) Patrick Michael O'Leary ("Mr. O'Leary" ) shall appear for a deposition by Tuesday, February 28, 2023. Mr. O'Leary is not entitled to advance payment of his fee for the deposition. See Ajasin v. Ortiz, No. 19 Civ. 6814 (RA) (JLC), 2021 WL 1437551, at *2 (S.D.N.Y. Apr. 16, 2 021). As to the reasonableness of Mr. O'Learys fee, "it is well-settled that parties seeking court intervention to determine a reasonable fee for an expert deposition should do so after the deposition, not before it has taken place.&quo t; Id. at *1. Accordingly, if the parties are unable to reach an agreement on Mr. O'Leary's fee, they may seek court intervention after the deposition has taken place. The parties should note that, "'[u]nless man ifest injustice would result, the court must require that the party seeking discovery... pay the expert a reasonable fee for time spent in responding to discovery under [the discovery rules].'" Smith v. New York Presbyterian Hos p., No. 05 Civ. 7729 (RJS) (DF), 2012 WL 4903256, at *2 (S.D.N.Y. Oct. 12, 2012) (quoting Fed. R. Civ. P. 26(b)(4)(E)(i)). (2) By Monday, February 27, 2023, Defendants shall file their response to Ms. Trombetta's request that the Court re-open fact discovery. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED. ( Deposition due by 2/28/2023.) (Signed by Magistrate Judge Sarah L Cave on 2/24/2023) (tg)
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Filing
367
ORDER. The Court is in receipt of pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") letter dated February 2, 2023 seeking clarification of the expert discovery deadlines. (ECF No. 365 (the "Letter-Motion")). The Let ter-Motion is GRANTED to the extent that the Court responds to the two questions Ms. Trombetta has posed as follows: (1) The deadline for initial expert reports was Monday, December 19, 2022, (see ECF Nos. 333; 340 at 2), the deadline for rebuttal reports is Tuesday, February 7, 2023, and the deadline to complete expert depositions is Wednesday, March 1, 2023. (ECF No. 361). Defendants may have meritorious objections to Ms. Trombetta's experts, which they will lodge at the appropriate time. In the meantime, however, the parties must follow the schedule the Court has set, (see ECF Nos. 221; 236; 238; 244; 271; 286; 297; 302; 321; 333; 340; 364), which supersedes the default deadlines in FRCP 26(a)(2)(D). See Fed. R. Civ. P. 26( a)(2)(D) ("A party must make these disclosures at the times and in the sequence that the court orders."). (2) Ms. Trombetta may request leave to call at trial witnesses whom she previously proposed as experts, but Defendants will have th e right to oppose her request, and the ultimate determination of which witnesses Ms. Trombetta (and Defendants, for that matter), may call at trial, will be made by the Honorable Ronnie Abrams, who will preside over the trial. The deadline for a f inal pretrial order, in which the parties will list the witnesses they intend to call at trial, has not been set, and will not be set, until after the parties complete expert discovery and any dispositive motions have been decided. The Clerk of C ourt is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/3/23) (yv)
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Filing
364
ORDER: The Court is in receipt of pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") letter motion for clarification of the January 24, 2023 Order (ECF No. 361 (the Jan. 24 Order)). (ECF No. 363 (the "Letter-Motion") ). The Letter-Motion is (1) GRANTED to the extent that the Court clarifies that the parties shall exchange rebuttal expert disclosures, as required by Federal Rule of Civil Procedure 26(a)(2) (the "Rebuttals"), by Tuesday, February 7, 2023. The expert discovery deadline was extended to Wednesday, March 1, 2023, to afford the parties time to conduct expert depositions after exchanging the Rebuttals, and (2) DENIED to the extent that Ms. Trombetta seeks leave to respond at this time to t he declaration of Jason Packer. The time for such a response and any disputes about the facts supporting Ms. Trombetta's claims will occur at summary judgment and/or trial. (ECF Nos. 221; 236; 238; 244; 271; 286; 297; 302; 321; 333; 340). The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED (Signed by Magistrate Judge Sarah L Cave on 2/1/2023) ( Expert Discovery due by 3/1/2023.) (ks)
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Filing
358
ORDER re: 348 MOTION to Amend/Correct. filed by Annamarie Trombetta, Set Deadlines/Hearing as to 348 MOTION to Amend/Correct. By Tuesday, January 24, 2023, Defendants shall file either (i) the Opposition, or (ii) the Letter. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. : ( Responses due by 1/24/2023) (Signed by Magistrate Judge Sarah L Cave on 1/23/23) (yv)
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Filing
346
ORDER: On December 21, 2022, the Court directed pro se Plaintiff Annamarie Trombetta ("Ms. Trombetta") to re-file her motion to amend the complaint (the "Motion") by Friday, December 23, 2022. (ECF No. 344 at 1). To date, Ms. Trombetta has not re-filed the Motion. Accordingly, Ms. Trombetta shall re-file the Motion by Wednesday, December 28, 2022. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. ( Motions due by 12/28/2022.) (Signed by Magistrate Judge Sarah L Cave on 12/27/2022) (ate)
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Filing
340
ORDER The Court is in receipt of pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") letter dated December 16, 2022, (ECF No. 338), and orders as follows: 1. Because the only outstanding discovery issue that Ms. Trombetta ident ifies is something that the Court has deemed resolved (see ECF No. 327), the Court deems fact discovery to be closed at this time. 2. Ms. Trombetta is permitted, but not required, to attach exhibits to her proposed amended complaint. As the Court has stated no less than ten times (see ECF Nos. 221; 236; 238; 244; 271; 286; 297; 302; 321; 333), to the extent Ms. Trombetta raises merits issues for the Courts consideration, the Court reaffirms that any evidentiary or merits issues are not yet ripe, and may be appropriately raised at the summary judgment and/or trial stages of this case. Though the Court is permitting Ms. Trombetta to attach exhibits to her proposed amended complaint, it shall not be an avenue to subvert the posture of this case. 3. To the extent Ms. Trombetta seeks an extension of time to serve expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2) on Defendants, her request is DENIED. On December 12, 2022, the Court advised Ms. Trombetta tha t "[n]o further extensions of the deadlines in this Order[,]" including the expert discovery deadlines, "shall be granted absent extraordinary circumstances." (ECF No. 333 at 2). Ms. Trombetta now, on the eve of her deadline to serve expert disclosures pursuant to Rule 26(a)(2), requests an extension to the discovery deadline. The Court shall not grant such a request because Ms. Trombetta has failed to articulate extraordinary circumstances that warrant the requested re lief. Ms. Trombetta has been made aware that expert discovery shall follow fact discovery (see e.g., ECF Nos. 195; 234; 291; 308; 333), and advised by the Court what her responsibilities are. (ECF No. 328 at 4142). If Ms. Trombetta remains interes ted in pursuing expert discovery, she must comply with the Court's deadline, as outlined in ECF No. 333. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta 175 East 96th Street, Apt 12R New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/19/2022) (jca)
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Filing
337
ORDER On December 12, 2022, the Court directed the parties to file a joint letter certifying the completion of fact discovery by Thursday, December 15, 2022. (ECF No. 333 at 1). On December 15, 2022, Defendants filed a letter (i) certifying the c ompletion of fact discovery, (ii) reserving their right to make any appropriate motions to preclude, and (iii) advising the Court that third-party discovery is still underway but should not interfere with any of the pending deadlines. (ECF No. 336 at 12). Ms. Trombetta, however, has not filed a letter certifying the completion of fact discovery. In addition to her expert disclosures pursuant to Federal Rule of Civil Procedure 26(a)(2), and her motion to amend the complaint (ECF No. 333), Ms . Trombetta shall file a letter certifying the completion of fact discovery by Monday, December 19, 2022. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/16/2022) (jca)
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Filing
333
ORDER, The Court is in receipt of pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letters dated December 8 and 9, 2022, (ECF Nos. 33031), and orders as follows: Deposition due by 2/7/2023., Discovery due by 2/7/2023., Expert Dis covery due by 2/7/2023., Motions due by 12/19/2022., Replies due by 1/17/2023., Responses due by 1/10/2023. The parties shall file a joint status report certifying the completion of all discovery by Tuesday, February 14, 2023. By Tuesday, December 13, 2022, Defendants shall file a response to Ms. Trombetta's letter requesting a more fulsome production of the data for "EAI00073 thr[ough] [] EAI00079[.]" (ECF No. 331). To the extent Ms. Trombetta raises merits issues for the C ourt's consideration, the Court reaffirms, (see ECF Nos. 221; 236; 244; 271; 286; 297; 302; 321), that any evidentiary or merits issues are not yet ripe, and may be appropriately raised at the summary judgment and/or trial stages of this case . The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/12/22) (yv)
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Filing
325
ORDER terminating 324 Letter Motion for Discovery. By Thursday, December 8, 2022, Defendants Norb Novocin, Marie Novocin, and Estate Auctions Inc. shall advise the Court whether they have in their possession, custody, or control, the "codin g for EAI00058 and EAU00060[.]" (ECF No. 322 at 3). The Clerk of Court is respectfully directed to send a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/7/22) (yv)
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Filing
323
ORDER. The Court is in receipt of pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letter dated December 5, 2022, (ECF No. 322), and orders as follows: 1. By Wednesday, December 7, 2022, Defendant Worthpoint Corporation shall advis e the Court whether it has in its possession, custody, or control, the "coding for EAI00058 and EAU00060[.]" (ECF No. 322 at 3). 2. The Clerk of Court is respectfully directed to send a copy of this Order and the Court's order issued on November 23, 2022 (ECF No. 319), to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/6/22) (yv)
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Filing
321
ORDER. The Court is in receipt of pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") letter dated December 1, 2022, (ECF No. 320 (the "Letter-Motion")), and orders as follows: 1. To the extent the Letter-Motion seeks leave to submit evidence for the Court's consideration at this time, that request is DENIED. The Court reaffirms, (see ECF Nos. 221; 236; 244; 271; 286; 297; 302), that any evidentiary or merits issues are not yet ripe, and may be appropriat ely raised at the summary judgment and/or trial stages of this case. Until then, the parties shall devote their efforts to the completion of fact discovery, (see ECF No. 319), and the briefing schedule to amend the complaint outlined in ECF No. 30 8. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/5/22) (yv)
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Filing
319
ORDER: Pursuant to the telephonic discovery conference held today, November 23, 2022 (the "Conference"), the Court orders as follows: 1. Defendants Norb Novocin, Marie Novocin, and Estate Auctions Inc. (together, the "EA I Defendants") shall produce to pro se Plaintiff Annamarie Trombetta ("Ms. Trombetta"), the following: a. the eBay receipt of the 2012 sale of the 1972 original oil painting, in the native electronic format; and b. documentation of the medium by which the transaction occurred (i.e., Paypal, credit card, check, etc.), to the extent such information exists. 2. Defendant Worthpoint Corporation ("Worthpoint," together with the EAI Defendants, the "Defendants") shall produce to Ms. Trombetta the last known contact information for Greg Watkins and Anita Brooks. 3. Ms. Trombetta's request for EAI's 2012 tax returns and information relating to its computer server i s DENIED. 4. As a result of Ms. Trombetta's representations at the Conference concerning the damages she is seeking in this action, Worthpoint's requests for Ms. Trombetta's tax and medical records, and sales records from 2018 thro ugh 2021, are DENIED WITHOUT PREJUDICE. 5. Ms. Trombetta shall produce to Defendants, the following: a. the February 20, 2016 email and attachments in native electronic format; and b. all communications Ms. Trombetta has had with any non-party witnesses relevant to the claims or defenses in this action. 6. The parties shall produce the documents set forth in this Order by no later than December 2, 2022. 7. Defendants shall order a transcript of the Conference and file it on the docket. The parties shall submit a single request to: etranscripts@nysd.uscourts.gov by Monday, November 28, 2022. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/23/2022) (tg)
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Filing
314
ORDER A Telephone Discovery Conference is scheduled for Wednesday, November 23, 2022, at 11:00 a.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. The parties s hall be prepared to discuss the issues identified in ECF Nos. 30910 and 312. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED. (Telephone Conference set for 11/23/2022 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 11/14/2022) (jca)
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Filing
308
ORDER, The Court is in receipt of Defendant WorthPoint Corporations ("WorthPoint") and pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") letters dated October 31, 2022, (ECF No. 30607), and orders as follows: Deposit ion due by 1/31/2023., Discovery due by 1/31/2023., Expert Discovery due by 1/31/2023., Fact Discovery due by 12/5/2022., Motions due by 12/12/2022., Responses due by 1/3/2023, Replies due by 1/10/2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 11/2/22) (yv)
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Filing
303
ORDER: Accordingly, by Friday, October 28, 2022, the parties shall file the Letter. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta 175 East 96th Street (12R), New York, NY 10128. (Signed by Magistrate Judge Sarah L Cave on 10/26/2022) (ate)
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Filing
302
ORDER, The Court is in receipt of pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letter dated October 19, 2022, (ECF No. 301 (the "Letter-Motion")), and orders as follows: To the extent the Letter-Motion seeks leave t o submit evidence for the Court's consideration at this time, that request is DENIED. The Court reaffirms, (see ECF Nos. 271; 297), that any evidentiary or merit issues are not yet ripe, and may be appropriately raised at the summary judgment and/or trial stages of this case. Until then, the parties shall devote their efforts to the completion of fact discovery, and the briefing schedule to amend the complaint outlined in ECF No. 291. Once a summary judgment briefing schedule has bee n set, Ms. Trombetta may, in support of or in opposition to any such motion, attach as exhibits to an affidavit the relevant excerpts of the transcripts, documents produced in discovery, and other evidence. Ms. Trombetta is not precluded from prov iding the Court audio recordings, but transcripts will be easier for the Court's review. The affidavit must attest to (i) what each item of evidence is, and (ii) its source. The fact discovery deadline is EXTENDED to Monday, October 24, 2022 . The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. ( Fact Discovery due by 10/24/2022.) (Signed by Magistrate Judge Sarah L Cave on 10/20/22) (yv)
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Filing
297
ORDER. The Court is in receipt of pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letter dated October 13, 2022, (ECF No. 295 (the "Letter-Motion")), and orders as follows: 1. To the extent the Letter-Motion seeks to se al Ms. Trombetta's Third Response to Defendant WorthPoint Corporations ("WorthPoint") Interrogatories (the "Interrogatory Response"), (see ECF No. 293-2), the Letter-Motion is GRANTED. The documents at ECF No. 293-2 shall remain visible only to the selected parties. By Wednesday, October 19, 2022, WorthPoint shall re-file the Interrogatory Response with redactions to the addresses of Ms. Trombetta's witnesses. 2. To the extent the Letter-Motion seeks reconside ration on the Court's October 12, 2022 Order declining to admonish the Defendants, (see ECF No. 294), the Letter-Motion is DENIED. Ms. Trombetta is once again reminded, (see ECF No. 271), that any evidentiary or merit issues are not yet ripe, and may be appropriately raised at the summary judgment and/or trial stages of this case. 3. Unless directed by the Court, Defendants need not respond to Ms. Trombetta's letters in the future. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/14/22) (yv)
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Filing
294
ORDER. Ms. Trombetta's request to "admonish" Defendants' counsel is DENIED. Ms. Trombetta is reminded, for the third time, that she must meet and confer with Defendants regarding any pending discovery disputes prior to requesting judicial intervention. (See ECF Nos. 279; 286). The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/12/22) (yv)
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Filing
291
ORDER granting 290 Letter Motion for Discovery. The Court is in receipt of pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letter-motion seeking an extension of time to complete discovery (ECF No. 289 (the "Letter")) a nd Defendant WorthPoint Corporation's response letter (ECF No. 290 (the "Response Letter")), and orders as follows:1. The fact discovery deadline is EXTENDED to Friday, October 21, 2022 to give Ms. Trombetta the additional time she req uests to review the deposition transcripts she mentions in the Letter, and the parties additional time to complete the outstanding non-party depositions outlined in the Response Letter. To the extent Ms. Trombetta's letter requests permission to delay until after summary judgment any request for leave to amend her complaint, the Court DENIES such request on the grounds that it would result in unnecessary inefficiencies and delays to this case. Accordingly, to the extent that Ms. Trombetta w ishes to amend her complaint, by Friday, November 4, 2022, she shall file her motion to amend the complaint (the "Motion") attaching the proposed amended complaint. By Friday, November 18, 2022, Defendants shall file their response to the Motion. By Friday, December 9, 2022, Ms. Trombetta shall file her reply. 4. All discovery, including expert discovery, shall be completed by Friday, December 23, 2022. Depositions of experts shall be completed by Friday, December 23, 2022.c. The par ties shall file a joint status report certifying the completion of all discovery by Friday, December 30, 2022. The parties shall adhere to the individual practices of the Honorable Ronnie Abrams concerning the filing and contents of any motion(s) for summary judgment or pretrial filings, including a proposed joint pretrial order.The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/7/22) (yv)
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Filing
286
ORDER. The Court is in receipt of pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") letter-motion seeking judicial intervention (ECF No. 284), and orders as follows: Ms. Trombetta is reminded that she must meet and confer wi th Defendants regarding any pending discovery disputes prior to requesting judicial intervention. (See ECF No. 279). Ms. Trombetta's request to waive the fees associated with acquiring copies of Norb and Marie Novocin's deposition trans cripts (the "Transcripts") is DENIED. If Ms. Trombetta would like a copy of the Transcripts, she is directed to follow the instructions of the court reporter and pay the fees the court reporter requests. Ms. Trombetta's request to h ave the Court supervise every discovery meet and confer held by the parties is DENIED. To the extent Ms. Trombetta's letter seeks a conference with the Court, her letter does not raise any issues that requires a conference with the Court at t his time, and the request is DENIED. Defendants shall promptly and as simply as possible transmit Ms. Joyce McNally's August 10, 2022 and Ms. Nicole Haimson's September 22, 2022 emails and attachments (the "Communications") to Ms. Trombetta. Defendants shall send the transmit the Communications electronically and mail a copy of the Communications to Ms. Trombetta at the address below. The fact discovery deadline remains Monday, October 10, 2022. By Monday, October 17, 2 022, Plaintiff shall file a letter advising the Court whether she intends to seek leave to amend her complaint, and (ii) the parties shall file a status letter certifying the completion of fact discovery. (See ECF Nos. 268, 283). The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/27/22) (yv)
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Filing
262
ORDER. Pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letter-motion seeking permission to serve additional interrogatories and a Court order directing Defendants to investigate and identify the artist of the "1972 Original Oil Man with Red Umbrella" (ECF No. 261) is DENIED. The parties are directed to meet and confer regarding discovery requests prior to petitioning for judicial intervention. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/16/22) (yv)
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Filing
260
ORDER terminating 258 Letter Motion for Discovery. The Court orders as follows: By Wednesday, August 17, 2022, Ms. Trombetta shall provide Defendants with three (3) dates on which she is available to sit for her deposition, and by Friday, Aug ust 19, 2022, Defendants shall notify which date they choose, the location, and other logistical information. By Friday, August 19, 2022, to the extent they have not already done so, the EAI Defendants shall respond to the issues raised by Ms. Tro mbetta as to the sufficiency of their discovery responses. The Clerk of Court is respectfully directed to (i) close ECF No. 258, and (ii) mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/12/22) (yv)
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Filing
244
ORDER: The Court is in receipt of letters from Ms. Trombetta dated June 16, and June 17, 2022, and WorthPoint dated June 17, and June 22, 2022. (ECF Nos. 237; 23940; 243). The Court reminds the parties that it ruled on their various discovery di sputes at the conference on June 13, 2022 and in the post-conference order (ECF min. entry June 13, 2022; ECF No. 234), and, if and when the parties have a discovery dispute, about which they have met and conferred in accordance with the Court 9;s Individual Practices, they may file a letter pursuant to Local Rule 37.2. In the meantime, letters solely for the purposes of disparaging another party or for raising merits or factual issueswhich are not ripe at this timeare inappropriate and will be stricken. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. (Signed by Magistrate Judge Sarah L Cave on 6/23/2022) (ate)
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Filing
238
ORDER. The Court construes pro se Plaintiff Annamarie Trombettas ("Ms. Trombetta") letter (ECF No. 237) as a request for a conference, which is DENIED. Ms. Trombetta MUST respond to Defendants' discovery requests as clearly and com pletely as possible. To the extent that Ms. Trombetta is asking about what evidence will be admissible at trial, that question is not ripe and will be decided by Judge Abrams in due course. Mail To: Annamarie Trombetta,175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/17/22) (yv)
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Filing
234
ORDER, The Court orders as follows: By Tuesday, June 21, 2022, Plaintiff shall provide to Defendants revised written responses and supply any responsive documents for requests for production numbers 7, 9, 10, 13, 14, 15, 16, and 18. Plaintiff wil l be precluded from relying on any documents not produced by this deadline for purposes of motions for summary judgment and trial. By Monday, June 27, 2022, Plaintiff shall provide to Defendants revised written responses to interrogatory numbers 1, 2, 3, 6, and 8. Plaintiff will be precluded from calling at trial any witness not included in response to these interrogatories. By Friday, July 1, 2022, Defendants shall respond to Plaintiff's supplemental requests for production, reques ts for admission, and interrogatories, which Plaintiff served on or about May 28, 2022. The deadline for completing fact witness depositions is extended to Friday, July 29, 2022. Depositions of experts shall be completed by Friday, 10/21/2022. Di scovery due by 10/21/2022., Expert Discovery due by 10/21/2022., Fact Discovery due by 9/9/2022. Defendants are directed to order a transcript of the Conference. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 6/13/22) (yv)
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Filing
229
ORDER: Accordingly, Ms. Trombetta's Second Request is DENIED WITHOUT PREJUDICE. Ms. Trombetta is further reminded that should she continue to wish to file an amended complaint, she may re-file her motion but must attach a copy of the propo sed amended complaint. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta 175 East 96th Street, Apt 12R New York, New York 10128. (Signed by Magistrate Judge Sarah L Cave on 5/23/2022) (ate)
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Filing
227
ORDER denying without prejudice 224 Letter Motion for Leave to File Document; granting 226 Letter Motion to Seal. Pro se Plaintiff Annamarie Trombetta's ("Ms. Trombetta") request to seek leave to file an amended complaint (ECF No. 224) is DENIED WITHOUT PREJUDICE. The Letter-Motion at ECF No. 226 to seal the documents at ECF No. 224-25 is GRANTED. The documents at ECF No. 224-25 shall remain visible only to the selected parties. The Clerk of Court is respectfully direct ed to close ECF Nos. 224 and 226 and to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDEREDMail To: Annamarie Trombetta 175 East 96th Street, Apt 12R New York, New York 10128. (Signed by Magistrate Judge Sarah L Cave on 5/19/2022) (jca)
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Filing
223
ORDER: denying without prejudice 217 Motion for Sanctions. Pursuant to the Conference held today, April 26, 2022, the Court orders as follows: For the reasons explained during the Conference, Ms. Trombetta's Motion for Renewed Sanct ions (ECF No. 217) is DENIED without prejudice. A schedule for briefing dispositive motions will be set following the conclusion of discovery. The deadline for depositions is extended from May 26, 2022 to Thursday, June 30,2022. Neither party may take more than ten depositions. Absent an agreement between the parties, non-party depositions shall follow party depositions. The deadline to serve all subpoenas requesting documents from third parties is extended from June 13, 2022 to Friday, July 15, 2022. The parties should serve subpoenas for third party records as early as practicable, and the Court may decline to extend any deadlines for the completion of discovery predicated on the late production of documents from third parties, e specially if the subpoenas were not timely served. The Court will hold a telephone status conference on Monday, June 13, 2022 at 10:00 am. The Parties are directed to call the Court's conference line at 866-390-1828, access code, 380-9799, at the scheduled time. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED.. (Signed by Magistrate Judge Sarah L Cave on 4/26/2022) (ama)
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Filing
218
ORDER: Plaintiff Annamarie Trombetta ("Ms. Trombetta") has filed a "Renewed Motion for Sanctions Against Defendants Norb & Marie Novicin [sic] & Estate Auctions Inc. Based on Fraud Verified by Plaintiffs New Evidence." (ECF No. 2 17 (the "Motion")). The Court had previously scheduled a conference for Tuesday, April 26, 2022 at 10:00 am (see ECF No. 195), and now plans to discuss the Motion during that conference. Accordingly, Defendants' obligation to respon d to the Motion is held in abeyance pending the conference. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/21/2022) (mml)
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Filing
214
ORDER terminating 212 Letter Motion for Discovery. The Court will refrain from scheduling a Settlement Conference based on Defendants' representation that it would not be productive. This Order resolves ECF No. 212. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta 175 E. 96th Street, Apt. 12R, New York, NY 10128. (Signed by Magistrate Judge Sarah L Cave on 3/16/2022) (ate) Transmission to Docket Assistant Clerk for processing. Modified on 3/16/2022 (ate).
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Filing
203
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material..., Motions terminated: 200 MOTION for Protective Order . filed by Estate Auctions, Inc., Marie Novocin, Norb Novocin. After review of Ms. Trombetta's Proposed Protective Order and opposition letter (ECF Nos. 201-02), the Court GRANTS Defendants' Motion for a Protective Order and ADOPTS Defendants' Proposed Protective Order (ECF No. 200-1). The Clerk of Court is respectfully directed to close ECF No. 200. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/16/22) (yv)
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Filing
197
ORDER: The applications within Plaintiff Annamarie Trombetta's letter (ECF No. 196) are DENIED. All parties, including Ms. Trombetta, set forth their positions concerning upcoming deadlines at the February 1, 2022 Telephone Conference. Th e Court incorporated Ms. Trombetta's scheduling constraints into the Case Management Plan and Scheduling Order. (ECF No. 195 (the "CMP")). Further, the Court DENIES Ms. Trombetta's application to modify the deadlines in the CM P as not ripe. For the avoidance of doubt, and as the Court already explained, Ms. Trombetta must first serve on Defendants a confidential settlement demand by February 15, 2022. After Defendants consider her demand, the parties shall meet and confer and file a joint letter by March 4, 2022 stating whether all parties request a settlement conference. (ECF No. 195). The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/10/2022) (vfr) Transmission to Docket Assistant Clerk for processing.
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Filing
193
ORDER: Accordingly, even if the Court had considered the sur-reply, the ruling would have been the same. The motion for reconsideration is denied, and the Clerk of Court is respectfully requested to terminate the motion pending at Dkt. 191. (Signed by Judge Ronnie Abrams on 1/31/2022) (ate)
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Filing
187
OPINION & ORDER re: 143 MOTION to Dismiss . filed by WorthPoint Corporation, 162 LETTER MOTION for Leave to File Response to Plaintiff's Surreply in the Event that the Surreply is not Stricken addressed to Judge Ronnie Abrams from William Seippel and WorthPoint Corporation dated 3/24/2021. filed by William Seippel, WorthPoint Corporation. For the foregoing reasons, the Worthpoint Defendants' motion to dismiss is granted in part and denied in part. Trombetta's claims against Defendant William Seippel are dismissed for lack of personal jurisdiction. Trombetta's claims against the Worthpoint Corporation under the Lanham Act, the New York Civil Rights Law, and the New York Artists 9; Authorship Rights Act are dismissed with prejudice, as are her claims for defamation, and contributory copyright infringement. This means that Trombetta may not reallege these claims. Trombetta's claims against Worthpoint for direct cop yright infringement, under the DMCA, and under the VARA, survive. Finally, the Worthpoint Defendants' motion to strike Trombetta's sur-reply is granted. The Clerk of Court is respectfully directed to terminate the motions pending at docke t entries 143 and 162, and to strike from the record docket entry 161. The Clerk of Court is respectfully directed to mail a copy of this order and opinion to Plaintiff Trombetta. William Seippel terminated. (Signed by Judge Ronnie Abrams on 12/20/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
175
ORDER: It is not clear, however, whether this motion is intended as a motion to reconsider, on which Judge Cave would rule, or intended as an objection to Judge Cave's opinion, on which this Court would rule. Plaintiff shall file a letter no later than November 5, 2021, clarifying the nature of her motion. The Clerk of Court is respectfully directed to mail a copy of this order to Plaintiff. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/7/2021) (ate) Transmission to Docket Assistant Clerk for processing.
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Filing
172
OPINION & ORDER re: 154 MOTION FOR COST OF SERVICE OF SUMMONSES UPON DEFENDANTS. filed by Annamarie Trombetta. The Motion is DENIED. The Clerk of Court is respectfully directed to close ECF No. 154 and to mail a copy of this Order to Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt. 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 8/27/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
168
AMENDED OPINION & ORDER. The Sanctions Motion is DENIED. The Clerk of Court is respectfully directed to close ECF No. 159 and to mail a copy of this Order to Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt. 12R, New York, New York 10128. (Signed by Magistrate Judge Sarah L Cave on 4/6/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
164
OPINION AND ORDER re: 159 MOTION for Sanctions. filed by Annamarie Trombetta. For the reasons explained above, the Sanctions Motion is DENIED. The Clerk of Court is respectfully directed to close ECF No. 159 and to mail a copy of this Order to Trombetta at the address below. (And as further set forth herein.) Mail To: Annamarie Trombetta 175 East 96th Street Apt. 12R New York, New York 10128. (Signed by Magistrate Judge Sarah L Cave on 3/6/2021) (jca) Transmission to Docket Assistant Clerk for processing.
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160
ORDER. On October 19, 2021 Plaintiff pro se Annamarie Trombetta filed a motion seeking sanctions against Defendants Norb and Marie Novocin and their counsel ("Plaintiff's Motion"). (ECF No. 159). Defendants need not undertake to fil e any opposition to Plaintiffs Motion, on which the Court will rule in due course. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/22/21) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
136
ORDER re: 133 Remark, filed by Annamarie Trombetta. On January 15, 2021, Plaintiff filed an affidavit of service, averring that she had successfully served process on Defendants William Sieppel and Worthpoint Corporation. See Dkt. 133. Defend ants William Sieppel and Worthpoint Corporation are therefore ordered to notify the Court whether they intend to challenge the sufficiency of this service of process. They shall do so no later than January 22, 2021. If they do not intend to challenge the sufficiency of this service of process, then they shall also inform the Court whether (1) they intend to file another motion to dismiss for failure to state a claim or (2) they will continue to rely on those portions of their June 29, 2020 motion to dismiss that address their Rule 12(b)(6) argument. See Dkt. 60. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/19/2021) (kv)
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Filing
129
ORDER: denying 127 Motion for Reconsideration ; denying 128 Motion for Attorney Fees. The Court has considered the arguments raised in the Worthpoint Defendants' December 21 motion for reconsideration, see Dkt. 127, but nonetheless denies the motion. Furthermore, the Court does not interpret Trombetta's December 14 letter as a motion for sanctions, see Dkt. 125, and so the Worthpoint Defendants are not entitled to attorneys' fees pursuant to Rule 11(c)(2), which authorizes a court to award attorneys' fees and costs to the prevailing party of a sanctions motion. See Fed. R. Civ. P. 11(c)(2). The motion for attorneys' fees is thus denied. See Dkt. 128. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/23/2020) (ama)
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Filing
126
ORDER: Accordingly, the Court will permit Trombetta to effectuate service by affixing the sealed summons and amended complaint to the door of Defendants' "actual place of business, dwelling place or usual place of abode" and mailing t hese documents to Defendants as well. The deadline for Trombetta to properly effectuate service remains unchanged. As the Court stated in its November 23, 2020 opinion and order, if Trombetta fails to properly effectuate service by January 21, 2021, the action will be dismissed as to the Defendants Sieppel and Worthpoint. See Dkt. 124 at 56. No further extensions will be given. Id. at 5. The Court would also like to remind Ms. Trombetta that free legal assistance may be available with the New Yo rk Legal Assistance Group, a free legal clinic independent of the court, which can be reached at (212) 613-500 or info@nylag.org. The Clerk of Court is respectfully directed to mail a copy of this order to the plaintiff. (Signed by Judge Ronnie Abrams on 12/18/2020) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing
124
AMENDED MEMORANDUM OPINION & ORDER: For the foregoing reasons, the Court DENIES the motion to dismiss under Rule 12(b)(2), 12(b)(4), or 12(b)(5), DENIES the motion to quash summons, and GRANTS Trombetta a sixty day extension to serve process. The C lerk of Court is respectfully directed to terminate the motion at Docket Number 108 and to reissue the summons so that Plaintiff may have an opportunity to properly serve the Worthpoint Defendants. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/24/2020) (kv) Transmission to Pro Se Assistants for processing.
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Filing
123
MEMORANDUM OPINION & ORDER re: 91 MOTION for Summary Judgment. filed by Annamarie Trombetta, 60 MOTION to Dismiss . filed by WorthPoint Corporation, 108 MOTION to Strike Document No. [Documents 102 and 103] . filed by WorthPoint Corporation, 107 MOTION to Quash Summonses issued 8/7/2020 . filed by WorthPoint Corporation. For the foregoing reasons, the Court DENIES the motion to dismiss under Rule 12(b)(2), 12(b)(4), or 12(b)(5), DENIES the m otion to quash summons, and GRANTS Trombetta a sixty day extension to serve process. The Clerk of Court is respectfully directed to terminate the motion at Docket Number 108 and to reissue the summons so that Plaintiff may have an opportunity to properly serve the Worthpoint Defendants. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/23/2020) (kv) Transmission to Pro Se Assistants for processing.
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Filing
121
ORDER DENYING MOTION FOR BOND WITHOUT PREJUDICE denying without prejudice 54 Motion for Bond. The Bond Motion is DENIED without prejudice. The Clerk of Court is respectfully directed to close ECF No. 54 and to mail a copy of this Order to Plaintiff at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street, Apt. 12R, New York, New York 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/29/20) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
119
ORDER. In light of the Court's clear instruction that Plaintiff "should not submit the recording to the Court" (ECF No. 88), Plaintiff's Call Application is DENIED. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 10/23/20) (yv) Transmission to Docket Assistant Clerk for processing.
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110
ORDER. Because the WorthPoint Defendants Motion to Quash (ECF No. 107) and Motion to Strike (ECF No. 108) are intertwined with the Motion to Dismiss, Judge Abrams will decide them when ruling on the Motion to Dismiss. Accordingly, no summonses sh all be issued in this case pending Judge Abrams's decision on the Motion to Dismiss. The Clerk of Court is respectfully directed to mark ECF No. 36 as the "Operative Amended Complaint." (See ECF No. 40 at 1 n.2, 14 (construing ECF No . 36 as Ms. Trombetta's proposed amended complaint and deeming it to be the operative amended complaint). In addition, the Clerk of Court is respectfully directed to update the case caption to reflect the correct spelling of the parties' names as detailed below: 1. Plaintiff: Annamarie Trombetta 2. Defendants: Norb Novocin; Marie Novocin; Estate Auctions, Inc.; WorthPoint Corporation; and William Seippel. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 9/24/20) (yv) Transmission to Docket Assistant Clerk for processing.
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88
ORDER: re: 87 Letter, filed by Annamarie Trombetta, In response to Plaintiff Annamarie Trombetta's request for direction (ECF No. 87), the Court notes that while it is mindful of Ms. Trombetta's pro se status, it cannot give her legal advice. Ms. Trombetta must seek legal advice from a retained attorney or may use one of the free services the Court has previously directed her to contact. The first is the New York Legal Assistance Group. Additional information can be found online at nylag.org; by calling 212-613-500; emailing info@nylag.org; or visiting in person at 7 Hanover Square, 18th Floor, New York, New York 10004. The second is the United States District Court for the Southern District of New York' s Pro Se Intake Unit. Additional information can be found online at nysd.uscourts.gov/prose; by calling at 212-805-0175; visiting in person at 500 Pearl Street, Room 200, New York, New York 10007; or emailing Temporary_Pro_Se_Filing@nysd.usco urts.gov. Ms. Trombetta is notified that the SDNY Pro Se Intake Unit will only temporarily accept emails as a response to the COVID-19 pandemic and will cease accepting emails once the pandemic subsides. In addition, Ms. Trombetta is strongly enco uraged to consent to receiving electronic service of case activity through notifications sent by email from the Court's Electronic Case Filing system by submitting the Consent to Electronic Service form found online at https://nysd.uscourts.gov /forms/consent-electronic-service-prose-cases. Consenting to electronic service will allow her to receive Court orders and case filings more quickly via email instead of post mail. If Ms. Trombetta requires additional time in preparing her response s, she may seek such extensions. The Court has repeatedly informed Ms. Trombetta that she will need to produce to the Defendants any discovery that she has in her possession during the discovery phase of this litigation. To the extent that she w ants to incorporate information learned from such discovery into her opposition to the pending motion to dismiss (ECF No. 60), she may do so in writing in the opposition, but should not submit the recording to the Court. In addition, any argument s he wants to make against the motion to dismiss should be included in her opposition to the motion to dismiss, due August 4, 2020. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. Responses due by 8/4/2020 (Signed by Magistrate Judge Sarah L Cave on 7/30/2020) (rj) Transmission to Docket Assistant Clerk for processing.
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Filing
81
MEMO ENDORSED ORDER granting 78 Motion to Strike docket entry and document 63 Letter,, filed by Annamarie Trombetta, 71 Petition (Other) filed by Annamarie Trombetta from the record. ENDORSEMENT: Plaintiff Annamarie Trombetta's mo tion to strike one sentence regarding Attorney Anderson Duff (ECF No. 78) is GRANTED. In accordance with the Court's July 14, 2020 Order (ECF No. 76), Attorney Duff is directed to file, by Thursday, July 23, 2020, a motion to strike specifying what portions of ECF Nos. 63 and 71 should be redacted, including the sentence highlighted by Ms. Trombetta in ECF No. 78, and attaching redacted versions of both filings. The Clerk of Court is respectfully directed to close ECF No. 78 and mail a copy of this order to Ms. Trombetta at the address below. Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. SO-ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/16/20) (yv) Transmission to Docket Assistant Clerk for processing.
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Filing
77
ORDER: Today, July 15, 2020, the Court received an email from Attorney Anderson Duff, counsel to Defendants Norb Nocin, Marie Novocin, and Estate Auctions, Inc. (the EAI Defendants), copying all parties and requesting that ECF Nos. 72 and 73 be st ricken from the docket with redacted versions filed in their stead because both filings contain information that should not be on the public docket. The Court having reviewed both entries GRANTS EAI Defendants' request to strike ECF Nos. 72 and 73 and file the attached redacted versions in their place. Chambers has stricken and replaced ECF Nos. 72 and 73. The Clerk of Court is respectfully directed to mail a copy of this Order to Ms. Trombetta at the address below. (Signed by Magistrate Judge Sarah L Cave on 7/15/2020) (ne) Transmission to Docket Assistant Clerk for processing.
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Filing
76
ORDER terminating 59 Motion for Disclosure. The Court rules as follows: 1. The EAI Defendants are directed to file a reply, if any, to Ms. Trombetta's opposition to the Bond Motion (ECF Nos. 7275) by Tuesday, July 21, 2020. 2. Ms. Trombetta is directed to file her opposition to the Motion to Dismiss by Tuesday, July 28, 2020. The Worthpoint Defendants are directed to file a reply, if any, by Tuesday, August 11, 2020. 3. Defendant Worthpoint Corporation's disclosure statement mo tion (ECF No. 59) is terminated as improperly filed. 4. Ms. Trombetta's discovery requests are unripe, the Court having not yet scheduled a case management conference or setting a pretrial schedule in this case. Accordingly, none of the Defend ants need respond to them at this stage of the litigation. 5. Ms. Trombetta is directed to refile her motion to strike regarding ECF Nos. 63 and 71. If Ms. Trombetta's motion to strike does not address Attorney Duff's concerns about thos e documents, he may file a letter-motion to strike the offending portions of the filings. 6. Ms. Trombetta's request to overturn the Court's order granting Attorney Lutzker motion to appear pro hac vice is DENIED. The Clerk of Court is r espectfully directed to close ECF No. 59. Chambers has mailed a copy of this Order to Ms. Trombetta at the address below. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/14/20) Copies Mailed By Chambers to Annamarie Trombetta, 175 East 96th Street (12R), New York, NY 10128. (yv)
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Filing
43
ORDER: The Court conducted a telephone conference today, April 6, 2020 regarding Plaintiff Annamarie Trombetta's next steps regarding her Amended Complaint, in light of the Court's March 19, 2020 Opinion and Order (ECF No. 40). Ms. Trom betta is directed to serve her Amended Complaint on Defendants William Seippel and Worthpoint.com, and file proof of service on ECF by Thursday, May 21, 2020. If Ms. Trombetta requires more time to effect service, she must file a letter-motion for additional time via ECF. Once Mr. Seippel and Worthpoint.com have served and appeared in this action, the Court will schedule another conference with the parties to discuss their next steps. Chambers has mailed a copy of this Order to Ms. Trombetta at the address below. (Service due by 5/21/2020.) (Signed by Magistrate Judge Sarah L Cave on 4/6/2020) Copies Mailed By Chambers. (rro)
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Filing
40
OPINION & ORDER re: 29 MOTION to Amend/Correct 1 Complaint. filed by Annamarie Trombetta, 34 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Estate Auctions, Inc., Marie Novocin, Norb Novocin. Ms. Trombetta 's Motion to Amend is GRANTED in part and DENIED in part as follows: (1) the claims under (a) Sections 5051 of the New York Civil Rights Law, (b) Section 14.03 of the New York Artist's Authorship Rights Act, and (c) the Lanham Act, havin g previously been dismissed in the MTD Order, are stricken with prejudice; (2) the claim for defamation is DISMISSED with prejudice; (3) the claims (a) under the VARA against the EAI Defendants, (b) for direct copyright infringement against the EAI Defendants, (c) for contributory copyright infringement against the Worthpoint Defendants, and (d) under the DMCA § 1202(a) and § 1202(b) against the EAI Defendant and Worthpoint Defendants will proceed in this action; (4) the Court dee ms ECF No. 36 to be the operative Amended Complaint in this action; (5) Ms. Trombetta is directed to effect service of the Amended Complaint (ECF No. 36) on Defendants William Seippel and Worthpoint.com; and (6) Defendants Norb Novocin, Marie Novoc in and Estate Auctions, Inc. shall have until Thursday, April 2, 2020 to file their Answer to the Amended Complaint (ECF No. 36) consistent with this Opinion and Order. The Clerk of the Court is respectfully directed to close ECF Nos. 29 and 34. Th e EAI Defendants are directed to mail a copy of this Order to Plaintiff at the address below. Mail To: Annamarie Trombetta, 175 East 96th Street (Apt. 12R), New York, NY 10128. SO ORDERED., (Estate Auctions, Inc. answer due 4/2/2020; Marie Novocin answer due 4/2/2020; Norb Novocin answer due 4/2/2020.) (Signed by Magistrate Judge Sarah L Cave on 3/19/20) (yv)
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Filing
23
MEMORANDUM OPINION & ORDER re: 3 MOTION to Dismiss Plaintiff's Complaint. filed by Estate Auctions, Inc., Marie Novocin, Norb Novocin., For the foregoing reasons, Trombetta's state law claims under Sections 50-51 of the N ew York Civil Rights Law and Section 14.03 of the New York Artist's Authorship Rights Act, and her trademark infringement claim are DISMISSED with prejudice; her copyright infringement claim is DISMISSED without prejudice; and her VARA claim will proceed. If Trombetta chooses to file a motion for leave to amend and a proposed amended complaint, in order to replead her copyright claim, she must do so by November 4, 2019; otherwise, her copyright claim will be dismissed with prejudice. T he Clerk of Court is respectfully directed to lift the stay of this case, to terminate the motion pending at Dkt. 3, and to mail a copy of this order to Trombetta.,Case Stay Lifted., Amended Pleadings due by 11/4/2019. (Signed by Judge Ronnie Abrams on 10/2/2019) (rj) Transmission to Docket Assistant Clerk for processing.
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