Pereira v. Source Digital, Inc.
| Al Pereira |
| Source Digital, Inc. |
| 1:2019cv01820 |
| February 26, 2019 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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This docket was last retrieved on December 17, 2019. A more recent docket listing may be available from PACER.
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Filing 34
MEMO ENDORSEMENT on re: #33 Letter filed by Al Pereira. ENDORSEMENT: Application DENIED. The Court does not hold cases open for payment unless the parties file the settlement agreement on the public docket and ask the Court to retain enforcement jurisdiction. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/17/2019) (jca)
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| Filing 33 LETTER addressed to Judge Valerie E. Caproni from Richard Liebowitz dated December 15, 2019 re: Status Letter. Document filed by Al Pereira.(Liebowitz, Richard) |
| Filing 32 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 11/20/2019 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (ama) (Main Document 32 replaced on 11/20/2019) (ama). |
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Filing 31
ORDER: IT IS HEREBY ORDERED THAT all previously scheduled conferences and other deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED with prejudice and without costs (including attorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. Within 30 days of this order, the parties may apply to reopen this case. Any such application must show good cause for holding the case open in light of the parties' settlement and must be filed within 30 days. Any request filed after 30 days or without a showing of good cause may be denied solely on that basis. Additionally, if the parties wish for the Court to retain jurisdiction to enforce their settlement agreement, they must submit within the same 30-day period: (1) their settlement agreement to the Court in accordance with Rule 6.A of the Court's Individual Practices and (2)a request that the Court issue an order expressly retaining jurisdiction to enforce the settlement agreement. See Hendrickson v. United States, 791 F.3d 354 (2d Cir. 2015). SO ORDERED. (Signed by Judge Valerie E. Caproni on 11/20/2019) (ama)
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| Filing 30 NOTICE of Settlement . Document filed by Al Pereira. (Liebowitz, Richard) |
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Filing 29
NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the undersigned for an Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on November 22, 2019 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties are directed to submit a joint letter of no more than five pages by November 14, 2019, addressing the following in separate paragraphs: (1) a brief description of the case, including the factual and legal bases for the claim(s) and defense(s); (2) anycontemplated motions; (3) the basis for subject matter jurisdiction; and (4) the prospect for settlement. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED. Initial Conference set for 11/22/2019 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 11/07/2019) (ama)
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| Minute Entry for proceedings held before SDNY Mediation: Mediation Conference held on 9/11/2019. Mediation Status due by 10/11/2019. (ah) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 9/9/19 at 40 Foley Square was NOT held.(smc) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 9/11/19 11 AM at 40 Foley Square.(smc) |
| MEDIATOR SESSION NOT HELD Mediator Session scheduled for 8/20/19 at 40 Foley Square was NOT held.(smc) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 9/9/19 11 AM at 40 Foley Square.(smc) Modified on 8/20/2019 (mf). |
| Filing 27 RESPONSE re: #25 Memo Endorsement,,,, . Document filed by Al Pereira. (Liebowitz, Richard) |
| MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 8/20/19 10 AM at 40 Foley Square.(smc) |
| Filing 26 CERTIFICATE OF SERVICE. Document filed by Al Pereira. (Liebowitz, Richard) |
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Filing 25
MEMO ENDORSEMENT on DECLARATION OF RICHARD P. LIEBOWITZ: re: #24 Response filed by Al Pereira. ENDORSEMENT: Given Mr. Leibowitz's repeated failure to abide by this Court's orders, the Court declines to take Mr. Leibowitz's conclusory statements at face-value. No later than July 26, 2019, Mr. Leibowitz must explain in detail, how the purported "administrative oversight" occurred. He must name all individual(s) responsible for the oversight and describe, in detail, how the oversight occurred, why that oversight was not discovered and rectified for months, and what processes Mr. Leibowitz has installed to prevent future non-compliance with this Court's orders. Given his pattern of non-compliance across numerous cases, Mr. Leibowitz is further on notice that the Court may consider any future non-compliance as part of a pattern of reckless or willful disregard of this Court's orders, rather than mere negligence. SO ORDERED. (Signed by Judge Valerie E. Caproni on 7/19/2019) (ama)
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| Filing 24 RESPONSE re: #23 Mediation Referral Order,,,,,,,, . Document filed by Al Pereira. (Liebowitz, Richard) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 8/14/2019.(mf) |
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Filing 23
MEDIATION REFERRAL ORDER AND ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that, in light of Defendant's recent appearance in this case, that Plaintiff's request for a default is DENIED. The parties are once again referred to the Mediation Office to facilitate potential settlement under Local Civil Rule 83.9. The parties are hereby notified that Local Rule 83.9 shall govern the mediation, and the parties are directed to participate in the mediation in good faith. No later than one week after the conclusion of all mediation in this case, the parties are directed to notify the Court whether they successfully resolved the case in mediation. The Court specifically requests that a mediator with expertise in copyright matters be assigned. IT IS FURTHER ORDERED that Plaintiff must produce to Defendant, no later than July 19, 2019, copies of records sufficient to show the royalty paid the last three times the picture that is at issue in this case was licensed, as well as the number of times the picture was licensed in the last five years. Plaintiff must file proof on ECF, no later than July 22, 2019, that the production has been made. Failure to comply with this paragraph will result in an immediate dismissal of the case. IT IS FURTHER ORDERED that Mr. Richard Liebowitz must show cause, no later than July 18, 2019, why he should not be sanctioned $500, apart from the suspended sanction in Dvir, for failure to comply with this Court's Mediation Referral Order, dated February 28, 2019, which required him to file proof of service within three days of effectuating service. See Dkt. 8. SO ORDERED. ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 7/22/2019. Mediator Expertise Request due by 7/16/2019. (Signed by Judge Valerie E. Caproni on 7/11/2019) (ama) Transmission to Mediation Clerk for processing.
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| Filing 22 REPLY re: #21 Letter . Document filed by Al Pereira. (Liebowitz, Richard) |
| Filing 21 LETTER addressed to Judge Valerie E. Caproni from L. Londell McMillan dated July 9, 2019 re: Plaintiff's Response to Order to Show Cause (Dkt. No. 9). Document filed by Source Digital, Inc.. (Attachments: #1 Exhibit)(McMillan, L.) |
| Filing 20 NOTICE OF APPEARANCE by L. Londell McMillan on behalf of Source Digital, Inc.. (McMillan, L.) |
| Filing 19 CLERK'S CERTIFICATE OF DEFAULT as to Source Digital, Inc., issued on July 9, 2019. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #18 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #15 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #12 Proposed Order was reviewed and approved as to form. (dt) |
| Filing 18 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Al Pereira. (Liebowitz, Richard) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 17 STATEMENT OF DAMAGES. Document filed by Al Pereira.(Liebowitz, Richard) |
| Filing 16 DECLARATION of Richard P. Liebowitz in Support re: #15 Proposed Order to Show Cause Without Emergency Relief. Document filed by Al Pereira. (Attachments: #1 Exhibit A, #2 Errata B)(Liebowitz, Richard) |
| Filing 15 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Al Pereira. (Liebowitz, Richard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 14 DECLARATION of Richard P. Liebowitz in Support re: #13 Proposed Clerk's Certificate of Default. Document filed by Al Pereira. (Liebowitz, Richard) |
| Filing 13 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Al Pereira. (Liebowitz, Richard) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 12 PROPOSED ORDER. Document filed by Al Pereira. Related Document Number: #11 . (Liebowitz, Richard) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re: #9 Order to Show Cause,,. Document filed by Al Pereira. (Liebowitz, Richard) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Source Digital, Inc. served on 2/28/2019, answer due 3/21/2019. Document filed by Al Pereira. (Liebowitz, Richard) |
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Filing 9
ORDER TO SHOW CAUSE: IT IS HEREBY ORDERED that, no later than July 8, 2019, Plaintiff must show cause why this case should not be dismissed for failure to prosecute under Federal Rule 41(b) of Civil Procedure. If Plaintiff opposes dismissal of this case for failure to prosecute, Plaintiff must, by July 8, 2019, and in accordance with this Courts Individual Practices, move for an order to show cause why default judgment should not be entered against Defendant. Failure to comply with this Order will result in an immediate dismissal of the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/26/2019) (mml)
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| Set/Reset Deadlines: Motions due by 7/8/2019. (mml) |
| Terminate Mediation Case Tracking Deadlines: Mediator Assignment Deadline, Mediator Expertise Request Deadline, (rpr) |
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Filing 8
MEDIATION REFERRAL ORDER: This case, involving claims under the Copyright Act, 17 U.S.C. 101 et seq., has been assigned to this Court for all purposes. In the Court's experience, cases involving copyright claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference, the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. The parties are hereby notified that Local Rule 83.9 shall govern the mediation, and the parties are directed to participate in the mediation in good faith. No later than one week after the conclusion of all mediation in this case, the parties are directed to notify the Court whether they successfully resolved the case in mediation. The Court specifically requests that a mediator with expertise in copyright matters be assigned. To facilitate prompt mediation, the Court ORDERS Plaintiff: to file proof of service no more than three days after service has been effected; and to produce to Defendant, by the earlier of 1) 14 days after service of process or 2) three business days in advance of any mediation session, copies of records sufficient to show the royalty paid the last three times the picture that is at issue in this case was licensed, as well as the number of times the picture was licensed in the last five years. The Court further directs that the deadline for Defendant(s) to answer or otherwise respond to the Complaint shall be STAYED until 30 days after the conclusion of all Mediation in this case. SO ORDERED. ALL ISSUES ARE ELIGIBLE. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. Mediator to be Assigned by 3/11/2019. Mediator Expertise Request due by 3/5/2019. (Signed by Judge Valerie E. Caproni on 2/28/2019) (ama) Transmission to Mediation Clerk for processing.
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| Filing 7 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) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Source Digital, Inc.. (dnh) |
| Filing 5 CIVIL COVER SHEET filed. (Liebowitz, Richard) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Liebowitz. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 1 (U.S. Government Plaintiff); Cause of Action code left blank; Nature of Suit left blank; Origin code left blank; County code Albany; Fee Status code left blank. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question); the Cause of Action code has been modified to 17:101; the Nature of Suit code has been modified to 820 (Copyright); the Origin code has been modified to 1 (Original Proceeding); the County code has been modified to Kings; the Fee Status code has been modified to pd (paid). (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 James L. Cott 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 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Liebowitz, Richard) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Liebowitz, Richard) Modified on 2/27/2019 (dnh). |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Source Digital, Inc., re: #1 Complaint. Document filed by Al Pereira. (Liebowitz, Richard) |
| Filing 1 COMPLAINT against Source Digital, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16409374)Document filed by Al Pereira. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Liebowitz, Richard) |
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| Defendant: Source Digital, Inc. | |
| Represented By: | L. Londell McMillan |
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| Plaintiff: Al Pereira | |
| Represented By: | Richard Liebowitz |
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