Incarcerated Entertainment, LLC v. Simon & Schuster Digital Sales Inc. et al
| Incarcerated Entertainment, LLC |
| Guy Lawson, Simon & Schuster Digital Sales, Inc. and Simon & Schuster Inc. |
| 1:2018cv06716 |
| July 26, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Vernon S Broderick |
| Copyright |
| 17 U.S.C. § 501 |
| Plaintiff |
Docket Report
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| Filing 23 CASE TRANSFERRED IN from the United States District Court - District of Delaware; Case Number: 1:18-cv-00846. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge Sarah Netburn 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at http://www.nysd.uscourts.gov for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (sjo) |
Filing 22
ORDER - denying as moot #13 Motion to Transfer Case. The Clerk is directed to transfer this case to USDC/SDNY. Signed by Judge Mark A. Kearney on 7/23/18. (rwc) [Transferred from Delaware on 7/26/2018.]
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Filing 21
STIPULATION and Order to Transfer re #13 MOTION to Transfer Case to The Southern District of New York by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Hanson, Thomas) [Transferred from Delaware on 7/26/2018.]
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| Filing 20 NOTICE of Withdrawal of Motion to Transfer Venue by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc. re #13 MOTION to Transfer Case to The Southern District of New York (Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Case electronically transferred to District of SDNY. (rwc) [Transferred from Delaware on 7/26/2018.] |
| Filing 19 Disclosure Statement pursuant to Rule 7.1: identifying Other Affiliate CBS Corporation for Simon & Schuster, Inc.; Other Affiliate Simon & Schuster, Inc. for Simon & Schuster Digital Sales Inc. filed by Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Filing 18 STATEMENT re #17 Statement, Plaintiff's Response to Defendants' Local Rule 7.1.1 Statement by Incarcerated Entertainment, LLC. (Attachments: #1 Exhibit A)(Weinblatt, Richard) [Transferred from Delaware on 7/26/2018.] |
| Filing 17 STATEMENT re #14 MEMORANDUM in Support, #13 MOTION to Transfer Case to The Southern District of New York // Local Rule 7.1.1 Statement in Support of Defendants' Motion to Transfer Venue to the Southern District of New York by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Filing 16 DECLARATION re #14 MEMORANDUM in Support, #13 MOTION to Transfer Case to The Southern District of New York // Declaration of Guy Lawson by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Attachments: #1 Certificate of Service)(Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Filing 15 DECLARATION re #14 MEMORANDUM in Support, #13 MOTION to Transfer Case to The Southern District of New York // Declaration of Tracy Woelfel by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Attachments: #1 Certificate of Service)(Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Filing 14 MEMORANDUM in Support re #13 MOTION to Transfer Case to The Southern District of New York filed by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc..Answering Brief/Response due date per Local Rules is 7/27/2018. (Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Filing 13 MOTION to Transfer Case to The Southern District of New York - filed by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Attachments: #1 Text of Proposed Order)(Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Filing 12 ANSWER to #1 Complaint, by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29)(Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
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Filing 11
ORDER denying without prejudice #10 Motion to Appear Pro Hac Vice of Elizabeth A. McNamara and Joanna E. Summerscales with allowance to file new motions in compliance with this Court's Policies and Procedures. Signed by Judge Mark A. Kearney on 7/13/2018. (ceg) [Transferred from Delaware on 7/26/2018.]
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| Filing 10 MOTION for Pro Hac Vice Appearance of Attorney Elizabeth A. McNamara and Joanna E. Summerscales - filed by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Filing 9 SUMMONS Returned Executed by Incarcerated Entertainment, LLC. Guy Lawson served on 6/5/2018, answer due 7/13/2018. (Weinblatt, Richard) [Transferred from Delaware on 7/26/2018.] |
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Filing 8
ORDER, the parties' Stipulation for an extension of time (ECF Doc. No. #7 ) is APPROVED in part and Defendants, being represented by the same counsel as in the first filed case (C.A. No. 18-480), may respond to the Complaint on or before July 13, 2018. Set/Reset Answer Deadlines: Guy Lawson answer due 7/13/2018; Simon & Schuster Digital Sales Inc. answer due 7/13/2018; Simon & Schuster, Inc. answer due 7/13/2018. Signed by Judge Mark A. Kearney on 6/27/2018. (jcs) [Transferred from Delaware on 7/26/2018.]
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| Filing 7 STIPULATION TO EXTEND TIME to Answer, Move, or Otherwise Respond to Complaint to July 26, 2018 - filed by Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc.. (Hanson, Thomas) [Transferred from Delaware on 7/26/2018.] |
| Case Reassigned to Judge Mark A. Kearney of the Eastern District of Pennsylvania (in lieu of Vacant Judgeship). Please include the initials of the Judge (MAK) after the case number on all documents filed. (rjb) [Transferred from Delaware on 7/26/2018.] |
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ORAL ORDER: Due to the reassignment of this matter, the entry made earlier today regarding D.I. #7 STIPULATION TO EXTEND TIME to Answer, Move, or Otherwise Respond to Complaint to July 26, 2018 is hereby VACATED The entry will be removed from the docket.Ordered by Judge Christopher J. Burke on 6/27/2018. (dlb) [Transferred from Delaware on 7/26/2018.]
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| REMARK: If the parties jointly consent to have a Magistrate Judge conduct all proceedings in this case, including trial, then when Judge Burke enters a case schedule he will enter the respective pre-trial conference and trial dates onto his calendar and will honor them. Otherwise, in accordance with the District Court's procedures for "Assignment of Cases to Visiting Judges" (issued on May 26, 2017 and available on the District Court's website), then upon the filing of a case-dispositive motion (e.g., a motion to dismiss, a motion for judgment on the pleadings, a motion for summary judgment, or initiation of the claim construction process in a patent case), VAC cases will be considered ready for reassignment to a visiting District Judge. Whether the pre-trial conference and trial dates will stand after reassignment will depend on the availability of those dates on the visiting District Judge's calendar. (dlb) [Transferred from Delaware on 7/26/2018.] |
| REMARK: The parties should be aware that the Court encourages the participation of newer attorneys in courtroom proceedings and at oral argument. Please see the Court's Standing Order Regarding Courtroom Opportunities for Newer Attorneys, a link to which is provided here for the parties' convenience:#http://www.ded.uscourts.gov/sites/default/files/forms/StandingOrder2017.pdf (dlb) [Transferred from Delaware on 7/26/2018.] |
| Filing 6 SUMMONS Returned Executed by Incarcerated Entertainment, LLC. Simon & Schuster Digital Sales Inc. served on 6/5/2018, answer due 6/26/2018. (Weinblatt, Richard) [Transferred from Delaware on 7/26/2018.] |
| Filing 5 SUMMONS Returned Executed by Incarcerated Entertainment, LLC. Simon & Schuster, Inc. served on 6/5/2018, answer due 6/26/2018. (Weinblatt, Richard) [Transferred from Delaware on 7/26/2018.] |
| CASE REFERRED to Magistrate Judge Christopher J. Burke. (This matter has been assigned to the Vacant Judgeship and referred to a Magistrate Judge for handling through case-dispositive motions. The Magistrate Judge has full authority permitted by law to manage this matter, including entering schedules through trial, deciding non-dispositive matters and making recommendations as to the resolution of dispositive matters. Litigants and counsel are reminded that they have the option of consenting to the Magistrate Judge to handle the case in full, including trial, or consenting to having a particular motion resolved by the Magistrate Judge.) (rjb) [Transferred from Delaware on 7/26/2018.] |
| Case Assigned to Vacant Judgeship (2017). Please include initials of VAC after the case number on all documents filed. (rjb) [Transferred from Delaware on 7/26/2018.] |
| Filing 4 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Incarcerated Entertainment, LLC. (jcs) [Transferred from Delaware on 7/26/2018.] |
| Filing 3 Report to the Register of Copyrights for Copyright Number(s)TXu-985-899. (jcs) [Transferred from Delaware on 7/26/2018.] |
| Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (jcs) [Transferred from Delaware on 7/26/2018.] |
| Filing 1 COMPLAINT filed with Jury Demand against Guy Lawson, Simon & Schuster Digital Sales Inc., Simon & Schuster, Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 400, receipt number 0311-23994863.) - filed by Incarcerated Entertainment, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Civil Cover Sheet)(jcs) [Transferred from Delaware on 7/26/2018.] |
| Summons Issued with Magistrate Consent Notice attached as to Guy Lawson on 6/5/2018; Simon & Schuster Digital Sales Inc. on 6/5/2018; Simon & Schuster, Inc. on 6/5/2018. Requesting party or attorney should pick up issued summons at the Help Desk, Room 4209, or call 302-573-6170 and ask the Clerk to mail the summons to them. (jcs) [Transferred from Delaware on 7/26/2018.] |
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