Cawthon v. MGA Entertainment
Plaintiff: Scott Cawthon
Defendant: MGA Entertainment, Inc. and MGA Entertainment
Case Number: 1:2019cv07666
Filed: August 15, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Lorna G Schofield
Nature of Suit: Copyright
Cause of Action: 17:501
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 15, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 11, 2019 Opinion or Order Filing 19 ORDER granting #12 Motion for Corey L. LaBrutto to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
October 8, 2019 Opinion or Order Filing 18 ORDER: It is hereby ORDERED that the October 10, 2019, initial pretrial conference is CANCELLED. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED that if Defendant(s) seek to file a motion to dismiss, they shall file a pre-motion letter pursuant to Individual Rules III.A.1 and III.C.2. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 10/8/2019) (rro)
October 8, 2019 Opinion or Order Filing 17 CIVIL 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. See 28 U.S.C. 636(c). Amended Pleadings due by 12/1/2019. Joinder of Parties due by 11/9/2019. Deposition due by 3/8/2020. Fact Discovery due by 2/7/2020. Expert Discovery due by 2/7/2020. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trialis 5 days. Pre-Motion Conference set for 4/9/2020 at 10:40 AM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 10/8/2019) (rro)
October 3, 2019 Filing 16 LETTER addressed to Judge Lorna G. Schofield from Joint Letter dated October 3, 2019 re: Joint Letter. Document filed by Scott Cawthon.(Procaccini, Steven)
October 3, 2019 Filing 15 PROPOSED SCHEDULING ORDER. Document filed by Scott Cawthon. (Procaccini, Steven)
September 30, 2019 Filing 14 MEMO ENDORSEMENT on re: #13 Letter filed by MGA Entertainment. ENDORSEMENT: Application DENIED. The parties are advised that the Court does not ordinarily adjourn initial pretrial conferences pending an answer to the Complaint. Counsel for Defendant MGA Entertainment, Inc. may participate in the initial pretrial conference via telephone by calling 212-805-0288. Those planning to speak shall participate via a landline telephone. (Signed by Judge Lorna G. Schofield on 9/30/2019) (rro)
September 27, 2019 Filing 13 LETTER addressed to Judge Lorna G. Schofield from Joseph A. Lopez dated September 27, 2019 re: Request to Continue Initial Pretrial Conference. Document filed by MGA Entertainment.(Lopez, Joseph)
September 26, 2019 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #12 MOTION for Corey L. LaBrutto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17667645. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
September 26, 2019 Filing 12 MOTION for Corey L. LaBrutto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17667645. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Scott Cawthon. (Attachments: #1 Affidavit Affidavit of Corey L. LaBrutto, #2 Text of Proposed Order Proposed Order, #3 Exhibit Cert. of Good Standing - DNJ, #4 Exhibit Cert. of Good Standing - NJ State)(LaBrutto, Corey)
September 17, 2019 Filing 11 WAIVER OF SERVICE RETURNED EXECUTED. MGA Entertainment waiver sent on 8/19/2019, answer due 10/18/2019. Document filed by Scott Cawthon. (Procaccini, Steven)
August 22, 2019 Opinion or Order Filing 10 ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court at the time and place listed below. (as further set forth in this Order). Initial Conference set for 10/10/2019 at 10:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/22/2019) (kv)
August 21, 2019 Filing 9 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. (gp)
August 21, 2019 Filing 8 ELECTRONIC SUMMONS ISSUED as to MGA Entertainment. (gp)
August 20, 2019 Filing 7 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Procaccini, Steven)
August 20, 2019 Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to MGA Entertainment, re: #1 Complaint,. Document filed by Scott Cawthon. (Procaccini, Steven)
August 19, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Steven Louis Procaccini to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the related case statement is not correct; summonses are only issued to parties in the case; you must ONLY list the defendant as to whom the summons request is for in the "TO" field. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (sj)
August 17, 2019 Filing 5 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to MGA Entertainment, Inc., re: #1 Complaint. Document filed by Scott Cawthon. (Procaccini, Steven) Modified on 8/19/2019 (sj).
August 16, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Steven Louis Procaccini to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant Party Name Error on Summons and Summons Caption, the Defendant party name listed does not Correspond to Pleading Caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
August 16, 2019 ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Steven Louis Procaccini 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. (vf)
August 16, 2019 Case Designated ECF. (vf)
August 16, 2019 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. (vf)
August 16, 2019 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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. (vf)
August 16, 2019 Filing 4 CIVIL COVER SHEET filed. (Procaccini, Steven)
August 16, 2019 Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUESTED - REQUEST FOR ISSUANCE OF SUMMONS as to MGA Entertainment, Inc., re: #1 Complaint,. Document filed by Scott Cawthon. (Procaccini, Steven) Modified on 8/16/2019 (vf).
August 16, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Steven Louis Procaccini to RE-FILE Document No. #2 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons Caption Defendant name Error; and Defendant Party Name Error; Defendant party name listed does not Correspond to pleading caption. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
August 16, 2019 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Steven Louis Procaccini to Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the civil cover sheet, the civil cover sheet is filed as a separate event; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017; Nature of Suit Section on Civil Cover sheet (Place an [X] in one box Only). Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet. (vf)
August 16, 2019 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Steven Louis Procaccini. The party information for the following party/parties has been modified: MGA Entertainment, Inc. The information for the party/parties has been modified for the following reason/reasons: party name was entered incorrectly. (vf)
August 15, 2019 Filing 2 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to MGA Entertainment, Inc., re: #1 Complaint,. Document filed by Scott Cawthon. (Procaccini, Steven) Modified on 8/16/2019 (vf).
August 15, 2019 Filing 1 COMPLAINT against MGA Entertainment. (Filing Fee $ 400.00, Receipt Number ANYSDC-17435673)Document filed by Scott Cawthon. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Civil Cover Sheet Civil Cover Sheet)(Procaccini, Steven) Modified on 8/16/2019 (vf).

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Defendant: MGA Entertainment, Inc.
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Defendant: MGA Entertainment
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Plaintiff: Scott Cawthon
Represented By: Steven Louis Procaccini
Represented By: Corey L LaBrutto
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