Lixenberg v. Oath Inc. et al
| Dana Ruth Lixenberg |
| DOES 1-10, Verizon Media Group and Oath Inc. |
| 1:2019cv01208 |
| February 7, 2019 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 20, 2019. A more recent docket listing may be available from PACER.
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| Filing 49 MEMO ENDORSEMENT on re: #48 Status Report, filed by Oath Inc. ENDORSEMENT: Two weeks after the deposition of Mr. Bromley, and in any event no later than October 25, 2019, the parties shall submit a joint status letter proposing next steps. (Signed by Judge Ronnie Abrams on 9/20/2019) (mro) |
| Filing 48 STATUS REPORT. / Submitted Jointly, respectfully advising the Court in accordance with the Court's September 11, 2019 Order (Dkt. 47) with regard to the additional discovery sought by both parties. Document filed by Oath Inc..(Bloom, Jennifer) |
Filing 47
ORDER: As discussed at today's conference, the parties are directed to meet and confer and to submit a joint letter to the Court no later than September 19, 2019 proposing further discovery in this case. The deposition of Mr. Bromley shall take place no later than October 11, 2019 and, two weeks after that deposition, the parties shall submit an additional joint letter to the Court proposing next steps. All deadlines for the briefing of the pending motions for summary judgment are hereby stayed until further notice. SO ORDERED., ( Deposition due by 10/11/2019.) (Signed by Judge Ronnie Abrams on 9/11/2019) (ama)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference held on 9/11/2019. (arc) |
| Filing 46 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Dana Ruth Lixenberg. (Zaharia, Laura) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #45 Proposed Order was reviewed and approved as to form. (ad) |
| Filing 45 PROPOSED ORDER. Document filed by Dana Ruth Lixenberg. Related Document Number: #39 . (Burroughs, Scott) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 44 DECLARATION of Paul A. Bromley in Support re: #39 MOTION for Summary Judgment Plaintiff's Notice of Motion for Summary Adjudication.. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 43 DECLARATION of Scott Alan Burroughs, Esq. in Support re: #39 MOTION for Summary Judgment Plaintiff's Notice of Motion for Summary Adjudication.. Document filed by Dana Ruth Lixenberg. (Attachments: #1 Exhibit 8, #2 Exhibit 9, #3 Exhibit 10, #4 Exhibit 14, #5 Exhibit 15)(Burroughs, Scott) |
| Filing 42 DECLARATION of Dana Ruth Lixenberg in Support re: #39 MOTION for Summary Judgment Plaintiff's Notice of Motion for Summary Adjudication.. Document filed by Dana Ruth Lixenberg. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Burroughs, Scott) |
| Filing 41 RULE 56.1 STATEMENT. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 40 MEMORANDUM OF LAW in Support re: #39 MOTION for Summary Judgment Plaintiff's Notice of Motion for Summary Adjudication. . Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 39 MOTION for Summary Judgment Plaintiff's Notice of Motion for Summary Adjudication. Document filed by Dana Ruth Lixenberg.(Burroughs, Scott) |
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Filing 38
ORDER granting #37 Letter Motion for Extension of Time to File Response/Reply. Application granted. SO ORDERED. Replies due by 9/13/2019. (Signed by Judge Ronnie Abrams on 9/6/2019) (kv)
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| Filing 37 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Ronnie Abrams from Jennifer L. Bloom dated September 5, 2019. Document filed by Oath Inc..(Bloom, Jennifer) |
| Filing 36 STATUS REPORT. /Joint Status Report Document filed by Oath Inc..(Bloom, Jennifer) |
| Filing 35 RESPONSE in Opposition to Motion re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment. Plaintiff's Evidentiary Objections to Defendants' Evidence Submitted in Support of Motion for Summary Judgment. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 34 DECLARATION of Paul A. Bromley in Opposition re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment.. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 33 DECLARATION of Scott Alan Burroughs, Esq. in Opposition re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment.. Document filed by Dana Ruth Lixenberg. (Attachments: #1 Exhibit 4, #2 Exhibit 5, #3 Exhibit 6, #4 Exhibit 7, #5 Exhibit 8, #6 Exhibit 9, #7 Exhibit 10, #8 Exhibit 11, #9 Exhibit 12, #10 Exhibit 13)(Burroughs, Scott) |
| Filing 32 DECLARATION of Dana Ruth Lixenberg in Opposition re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment.. Document filed by Dana Ruth Lixenberg. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Burroughs, Scott) |
| Filing 31 RULE 56.1 STATEMENT. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 30 MEMORANDUM OF LAW in Opposition re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment. . Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Set/Reset Hearings: Status Conference rescheduled for 9/11/2019 at 02:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (arc) |
| Filing 29 DECLARATION of Jennifer L. Bloom in Support re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment.. Document filed by Oath Inc.. (Attachments: #1 Exhibit 7 to Declaration of Jennifer L. Bloom, #2 Exhibit 8 to Declaration of Jennifer L. Bloom, #3 Exhibit 9 to Declaration of Jennifer L. Bloom)(Bloom, Jennifer) |
| Filing 28 DECLARATION of Victor Brand in Support re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment.. Document filed by Oath Inc.. (Attachments: #1 Exhibit 1 to Declaration of Victor Brand, #2 Exhibit 2 to Declaration of Victor Brand, #3 Exhibit 3 to Declaration of Victor Brand, #4 Exhibit 4 to Declaration of Victor Brand, #5 Exhibit 5 to Declaration of Victor Brand, #6 Exhibit 6 to Declaration of Victor Brand)(Bloom, Jennifer) |
| Filing 27 RULE 56.1 STATEMENT. Document filed by Oath Inc.. (Bloom, Jennifer) |
| Filing 26 MEMORANDUM OF LAW in Support re: #25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment. . Document filed by Oath Inc.. (Bloom, Jennifer) |
| Filing 25 MOTION for Summary Judgment Oath Inc.'s Notice of Motion for Summary Judgment. Document filed by Oath Inc..(Bloom, Jennifer) |
| Filing 24 NOTICE OF APPEARANCE by Jennifer Lynn Bloom on behalf of Oath Inc.. (Bloom, Jennifer) |
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Filing 23
STIPULATION AND ORDER TO SUBSTITUTE PARTY: NOW THEREFORE, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), IT IS HEREBY STIPULATED AND AGREED, by and between Lixenberg and Oath that: Oath be substituted in place of Verizon Media Group in the above-named case, and Verizon Media Group is dismissed without prejudice. Before the Court is the Stipulation by Plaintiff Dana Ruth Lixenberg and Defendant Oath Inc. i/s/h/a Verizon Media Group, d/b/a TheHuffingtonPost.com, Inc. to Substitute Party. Having considered the Stipulation, and finding that good cause exists and the relief sought is justified, it is hereby ORDERED that Oath Inc. be substituted in place of Verizon Media Group in the above-mentioned case, and Verizon Media Group be dismissed without prejudice. The case caption in the above-mentioned action will hereby reflect this party substitution. (Oath Inc. added. Verizon Media Group (a New Yrok corporation, individually) terminated.) (Signed by Judge Ronnie Abrams on 6/12/2019) (rro)
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| Filing 22 LETTER addressed to Judge Ronnie Abrams from Scott Alan Burroughs dated June 11, 2019 re: Substitution of Party Name. Document filed by Dana Ruth Lixenberg. (Attachments: #1 Supplement Stipulation and Proposed Order to Substitute Party, #2 Supplement First Amended Complaint)(Burroughs, Scott) |
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Filing 21
ORDER: By Order of Reference dated May 2, 2019 (Dkt. No. 20), Judge Abrams referred this case to me for settlement. The parties are directed to advise the Court within 30 days of this Order when they wish to schedule a settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to call chambers at (212) 805-0250 with both sides on the line and coordinate with my deputy clerk, David Tam, to find a mutually convenient date for the parties and the Court. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 5/14/2019) (jca)
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| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge James L. Cott. Please note that this is a reassignment of the designation only. (ma) |
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Filing 20
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James L. Cott. (Signed by Judge Ronnie Abrams on 5/2/2019) (cf)
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Filing 19
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. This case is to be tried to a jury. No additional parties may be joined after 5/1/19 without leave of the Court. No amendments to the pleadings may be made after 5/1/19 without leave of the Court. Fact Discovery due by 8/16/2019. Depositions due by 8/16/2019. Expert Discovery due by 8/16/2019. Discovery due by 8/16/2019. Status Conference set for 8/23/2019 at 11:30 AM before Judge Ronnie Abrams. Unless otherwise ordered by the Court, the joint pretrial order and additional submissions required by Rule 6 of the Court's Individual Rules and Practices shall be due thirty (30) days from the close of discovery, or if any dispositive motion is filed, thirty (30) days from the Court's decision on such motion. This case shall be trial ready sixty (60) days from the close of discovery or the Court's decision on any dispositive motion. The parties have conferred and their present best estimate of the length of trial is 2 days. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/2/2019) (anc)
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| Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 5/2/2019. (arc) |
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Filing 18
ORDER granting #17 Letter Motion to Adjourn Conference: Application granted. The initial pretrial conference is adjourned until May 2, 2019 at 3:45 pm. (Initial Conference set for 5/2/2019 at 03:45 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 4/9/2019) (jwh)
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| Filing 17 LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from Jeremy S. Boczko dated April 8, 2019. Document filed by Verizon Media Group.(Boczko, Jeremy) |
| Filing 16 PROPOSED CASE MANAGEMENT PLAN. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 15 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Dana Ruth Lixenberg.(Burroughs, Scott) |
| Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Verizon Communications Inc., Other Affiliate Oath Inc. for Verizon Media Group. Document filed by Verizon Media Group.(Reichman, Jonathan) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Jonathan D. Reichman to RE-FILE Document #12 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| Filing 13 ANSWER to #1 Complaint. Document filed by Verizon Media Group.(Reichman, Jonathan) |
| Filing 12 FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Verizon Communications Inc. for Verizon Media Group. Document filed by Verizon Media Group.(Reichman, Jonathan) Modified on 3/22/2019 (lb). |
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Filing 11
ORDER granting #10 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/1/2019) (kv)
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| Filing 10 LETTER MOTION for Extension of Time to respond to the Complaint from March 7, 2019 to March 21, 2019 addressed to Judge Ronnie Abrams from Jeremy S. Boczko dated March 1, 2019. Document filed by Verizon Media Group.(Boczko, Jeremy) |
| Set/Reset Deadlines: Verizon Media Group answer due 3/21/2019. (kv) |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. Verizon Media Group served on 2/14/2019, answer due 3/7/2019. Service was accepted by Mary Leheny, Authorized Agent. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
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Filing 8
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 4/19/2019 at 03:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/12/2019) (jca)
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| Filing 7 ELECTRONIC SUMMONS ISSUED as to Verizon Media Group. (dnh) |
| Filing 6 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Alan Burroughs. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Alan Burroughs. The party information for the following party/parties has been modified: DOES 1-10; Verizon Media Group; Dana Ruth Lixenberg. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party name was omitted. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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. (dnh) |
| Magistrate Judge Henry B. Pitman 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. (dnh) |
| Case Designated ECF. (dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Verizon Media Group, re: #1 Complaint. Document filed by Dana Ruth Lixenberg. (Burroughs, Scott) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Burroughs, Scott) |
| Filing 3 CIVIL COVER SHEET filed. (Burroughs, Scott) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dana Ruth Lixenberg.(Burroughs, Scott) |
| Filing 1 COMPLAINT against DOES 1-10, Verizon Media Group. (Filing Fee $ 400.00, Receipt Number ANYSDC-16314654)Document filed by Dana Ruth Lixenberg.(Burroughs, Scott) |
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