Eva's Photography, Inc. v. HVN, LLC
Plaintiff: Eva's Photography, Inc.
Defendant: HVN, LLC
Case Number: 1:2019cv11010
Filed: November 27, 2019
Court: US District Court for the Southern District of New York
Presiding Judge: Valerie E Caproni
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2020 Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by HVN, LLC.(Mullen, Wesley)
January 7, 2020 Filing 9 NOTICE OF APPEARANCE by Wesley Martin Mullen on behalf of HVN, LLC. (Mullen, Wesley)
December 9, 2019 Opinion or Order Filing 7 ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/09/2019) (ama)
December 9, 2019 Opinion or Order Filing 6 MEDIATION WITHDRAWAL ORDER AND ORDER OF REFERENCE TO A MAGISTRATE JUDGE: IT IS HEREBY ORDERED that this case is withdrawn from the Court-annexed Mediation Program. IT IS FURTHER ORDERED that this case is referred to the assigned Magistrate Judge for settlement. The parties are directed to participate in settlement discussions in good faith. No later than one week after the conclusion of all settlement discussions in this case, the parties are directed to notify the Court whether they successfully resolved the case. IT IS FURTHER ORDERED that Plaintiff is directed to file proof of service, if Plaintiff has not already done so, no more than three days after service has been effected; and to produce to Defendant(s), if Plaintiff has not already done so, by the earlier of 1) 14 days after service of process or 2) three business days in advance of any settlement conference, 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; if the picture at issue has never been licensed, Plaintiff must expressly certify that fact to Defendant(s) as part of Plaintiff's production. Defendant(s) are directed to file a notice of appearance, if Defendant(s) have not already done so, within 14 days of the service of process. IT IS FURTHER ORDERED that the deadline to answer or otherwise respond to the Complaint for any Defendant who files or has already filed a timely notice of appearance, shall be extended until 30 days after the conclusion of all settlement discussions in this case. IT IS FURTHER ORDERED that if Plaintiff has effected service on a Defendant, and that Defendant has failed to appear in the case or respond to the Complaint, Plaintiff must move for a default judgment against that Defendant in accordance with this Court's Individual Practices no later than 45 days after the date of the service of the Complaint. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/9/2019) (ks)
December 4, 2019 Filing 5 AFFIDAVIT OF SERVICE. HVN, LLC served on 12/3/2019, answer due 12/24/2019. Document filed by Eva's Photography, Inc.. (Liebowitz, Richard)
December 2, 2019 Opinion or Order Filing 4 MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred to the Court-annexed Mediation Program. The parties are notified that Local Rule 83.9 and the Mediation Program Procedures shall govern the mediation. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. 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 Courts 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(s), 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; if the picture at issue has never been licensed, Plaintiff must expressly certify that fact to Defendant(s) as part of Plaintiffs production. Defendant(s) are directed to file a notice of appearance within 14 days of the service of process. The Court further directs that, upon a Defendants timely filing of a notice of appearance, the deadline for that Defendant to answer or otherwise respond to the Complaint shall be extended until 30 days after the conclusion of all Mediation in this case. If Plaintiff has effected service on a Defendant, and that Defendant has failed to appear in the case or respond to the Complaint, Plaintiff must move for a default judgment against that Defendant in accordance with this Courts Individual Practices no later than 45 days after the date of the service of the Complaint. 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. So Ordered. Mediator to be Assigned by 12/12/2019. (Signed by Judge Valerie E. Caproni on 12/2/2019) (js)
December 2, 2019 Filing 3 ELECTRONIC SUMMONS ISSUED as to HVN, LLC. (pne)
December 2, 2019 Case Designated ECF. (pne)
December 2, 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. (pne)
December 2, 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. (pne)
December 2, 2019 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 #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions. (pne)
December 2, 2019 Magistrate Judge Kevin Nathaniel Fox 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
November 27, 2019 Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to HVN, LLC, re: #1 Complaint. Document filed by Eva's Photography, Inc.. (Liebowitz, Richard)
November 27, 2019 Filing 1 COMPLAINT against HVN, LLC. (Filing Fee $ 400.00, Receipt Number CNYSDC-18167943)Document filed by Eva's Photography, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Liebowitz, Richard)

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Defendant: HVN, LLC
Represented By: Wesley Martin Mullen
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Plaintiff: Eva's Photography, Inc.
Represented By: Richard Liebowitz
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