Martinka v. New Tang Dynasty Television Inc.
Plaintiff: Paul Martinka
Defendant: New Tang Dynasty Television Inc.
Case Number: 1:2019cv05170
Filed: June 2, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Jesse M Furman
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Both
RSS RSS Track this Docket
Docket Report

This docket was last retrieved on July 30, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 30, 2019 Filing 23 ANSWER to #15 Amended Complaint, with JURY DEMAND. Document filed by New Tang Dynasty Television Inc..(Shapiro, Peter)
July 29, 2019 Opinion or Order Filing 22 ORDER granting #20 Motion for Bryan Paul Sugar to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 29, 2019 Opinion or Order Filing 21 ORDER granting #19 Motion for William W. Mauke III to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
July 29, 2019 Filing 20 MOTION for Bryan Paul Sugar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17328467. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Tang Dynasty Television Inc.. (Attachments: #1 Affidavit Declaration of Bryan P. Sugar in support of Motion to Admit Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Shapiro, Peter)
July 29, 2019 Filing 19 MOTION for William W. Mauke III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17328321. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New Tang Dynasty Television Inc.. (Attachments: #1 Affidavit Declaration of William W. Mauke III in Support of Motion to Admit Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order)(Shapiro, Peter)
July 29, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for William W. Mauke III to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17328321. Motion and supporting papers to be reviewed by Clerk's Office staff., #20 MOTION for Bryan Paul Sugar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17328467. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
July 23, 2019 Opinion or Order Filing 18 ORDER re: #14 Letter filed by New Tang Dynasty Television Inc. Requesting that the Court Require Plaintiff or his Counsel to Post a Bond. Needless to say, the Court is well aware of Mr. Liebowitz's track record in this District. See, e.g., Rice v. NBC Universal Media, LLC, No. 19-CV-447 (JMF), 2019 WL 3000808, at *1 (S.D.N.Y. July 10, 2019). Nevertheless, having considered the parties' submissions and the factors relevant to whether a bond is appropriate under Local Civil Rule 54.2, see, e.g., Reynolds v. Hearst Commc'ns, Inc., No. 17-CV-6720 (DLC), 2018 WL 1229840, at *2 (S.D.N.Y. Mar. 5, 2018), the Court declines Defendant's request to require the posting of a bond. In particular, although the Court reserves judgment pending a decision on Defendant's motion to dismiss, it is not persuaded that Defendant is likely to prevail (let alone at the motion-to-dismiss stage) on its claim of fair use, see, e.g., Barcroft Media, Ltd. v. Coed Media Group, LLC, No. 16-cv-7634 (JMF), 2017 WL 5032993 (S.D.N.Y. Nov. 2, 2017), or its request to strike the claim for statutory damages, see, e.g., 17 U.S.C. Section 412(2); see also, e.g., Arista Records LLC v. Lime Grp. LLC, No. 06-CV-5936 (KMW), 2011 WL 1226277, at *1 (S.D.N.Y. Mar. 29, 2011). SO ORDERED. (Signed by Judge Jesse M. Furman on 7/23/2019) (Text Only Order) (Furman, Jesse)
July 22, 2019 Filing 17 RESPONSE re: #14 Letter . Document filed by Paul Martinka. (Liebowitz, Richard)
July 17, 2019 Opinion or Order Filing 16 ORDER re: #14 LETTER addressed to Judge Jesse M. Furman from Peter T. Shapiro dated July 16, 2019 re: Requesting that the Court Require Plaintiff or his Counsel to Post a Bond. Plaintiff and/or Plaintiff's counsel shall file any opposition to Defendant's letter no later than Monday, July 22, 2019. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/17/2019) (Text Only Order) (Furman, Jesse)
July 16, 2019 Filing 15 AMENDED COMPLAINT amending #1 Complaint against New Tang Dynasty Television Inc. with JURY DEMAND.Document filed by Paul Martinka. Related document: #1 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Liebowitz, Richard)
July 16, 2019 Filing 14 LETTER addressed to Judge Jesse M. Furman from Peter T. Shapiro dated July 16, 2019 re: Requesting that the Court Require Plaintiff or his Counsel to Post a Bond. Document filed by New Tang Dynasty Television Inc..(Shapiro, Peter)
June 26, 2019 Opinion or Order Filing 13 ORDER: It is hereby ORDERED that Plaintiff shall file any amended complaint by July 16, 2019. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. If Plaintiff does amend, by three (3) weeks after the amended complaint is filed, Defendant shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that it relies on the previously filed motion to dismiss. If Defendant files an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If no amended complaint is filed, Plaintiff shall serve any opposition to the motion to dismiss by July 16, 2019. Defendant's reply, if any, shall be served by July 23, 2019. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. The other orders in this case including the order scheduling the initial conference (Docket No. 5) and the order directing the parties to mediate (Docket No. 6) remain in effect unless and until the Court orders otherwise. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/26/2019) ( Amended Pleadings due by 7/16/2019.) (ks)
June 25, 2019 Filing 12 MEMORANDUM OF LAW in Support re: #10 MOTION to Dismiss Complaint. . Document filed by New Tang Dynasty Television Inc.. (Shapiro, Peter)
June 25, 2019 Filing 11 DECLARATION of Peter T. Shapiro in Support re: #10 MOTION to Dismiss Complaint.. Document filed by New Tang Dynasty Television Inc.. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Defendants website, #3 Exhibit C - Photographs, #4 Exhibit D - Article published on January 28, 2019)(Shapiro, Peter)
June 25, 2019 Filing 10 MOTION to Dismiss Complaint. Document filed by New Tang Dynasty Television Inc..(Shapiro, Peter)
June 25, 2019 Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New Tang Dynasty Television Inc..(Shapiro, Peter)
June 25, 2019 Filing 8 NOTICE OF APPEARANCE by Peter T. Shapiro on behalf of New Tang Dynasty Television Inc.. (Shapiro, Peter)
June 17, 2019 Terminate Mediation Case Tracking Deadlines: Mediator Assignment Deadline, Mediator Expertise Request Deadline (mf)
June 4, 2019 Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. New Tang Dynasty Television Inc. served on 6/4/2019, answer due 6/25/2019. Document filed by Paul Martinka. (Liebowitz, Richard)
June 4, 2019 Opinion or Order Filing 6 MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case, involving claims under the Copyright Act, 17 U.S.C. 101 et seq., is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is currently scheduled (by separate Order to be entered today) for September 10, 2019. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. The Court specifically requests a mediator with expertise in copyright matters be assigned. To facilitate prompt mediation, Plaintiff is hereby ORDERED to file proof of service no more than three days after service has been effected. Plaintiff is further ORDERED to produce to Defendant, by the earlier of 14 days after service of process or three business days in advance of any mediation session, (1) copies of records sufficient to show the royalty paid the last three times the work (e.g., the photograph or video) at issue in this case was licensed and (2) the number of times the work was licensed in the last five years. SO ORDERED. (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 6/14/2019. Mediator Expertise Request due by 6/10/2019.) (Signed by Judge Jesse M. Furman on 6/4/2019) (anc)
June 4, 2019 Opinion or Order Filing 5 ORDER REGARDING EARLY MEDIATION AND THE INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/10/2019 at 04:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman; and as further set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/4/2019) (anc)
June 3, 2019 Filing 4 CIVIL COVER SHEET filed. (Liebowitz, Richard)
June 3, 2019 Filing 3 ELECTRONIC SUMMONS ISSUED as to New Tang Dynasty Television Inc.. (dnh)
June 3, 2019 ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Richard Liebowitz to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (dnh)
June 3, 2019 ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Richard Liebowitz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh)
June 3, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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)
June 3, 2019 Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh)
June 3, 2019 Case Designated ECF. (dnh)
June 2, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to New Tang Dynasty Television Inc., re: #1 Complaint. Document filed by Paul Martinka. (Liebowitz, Richard)
June 2, 2019 Filing 1 COMPLAINT against New Tang Dynasty Television Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-17001849)Document filed by Paul Martinka. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liebowitz, Richard)

Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System

Search for this case: Martinka v. New Tang Dynasty Television Inc.
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Web [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ]
Plaintiff: Paul Martinka
Represented By: Richard Liebowitz
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]
Defendant: New Tang Dynasty Television Inc.
Represented By: Peter T. Shapiro
Search News [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ]
Search Finance [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ]
Search Web [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ]

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?