Borthwick v. RareCulture, LLC et al
| Lee Borthwick |
| Marco Beach Hotel, Inc., EOA, Inc., Doe 1, RareCulture, LLC and Doe 2 d/b/a Wilson Associates |
| 1:2020cv01973 |
| March 5, 2020 |
| US District Court for the Southern District of New York |
| Katherine Polk Failla |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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Filing 18
ORDER granting #17 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 4/10/2020) (rro)
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| Filing 17 LETTER MOTION for Extension of Time to Respond to Complaint addressed to Judge Katherine Polk Failla from Andrew Gerber dated 4/10/2020. Document filed by RareCulture, LLC..(Gerber, Andrew) |
| Set/Reset Deadlines: RareCulture, LLC answer due 7/17/2020. (rro) |
| Filing 16 LETTER addressed to Judge Katherine Polk Failla from Robert M. Appleton dated April 9, 2020 re: Plaintiff's response to Defendant Doe 2 d/b/a Wilson Associates. Document filed by Lee Borthwick..(Appleton, Robert) |
| Filing 15 MEMO ENDORSEMENT on re: #12 Letter filed by Lee Borthwick. ENDORSEMENT: The Court is in receipt of Defendant EOA Inc. (EOA)'s pre-motion letter seeking a conference on its anticipated motion to dismiss the complaint (Dkt. #9), and Plaintiff's response thereto (Dkt. #12). The Court encourages Plaintiff's counsel to review the Court's Individual Rules. Individual Rule 4A requires a party seeking to file a motion to file a pre-motion letter before filing the motion and explicitly states that "submission of a pre-motion letter concerning a motion to dismiss will stay a defendants time to answer or otherwise move with respect to the Complaint." Accordingly, Defendant EOA is in perfect compliance with the Court's Individual Rules and Plaintiff has absolutely no ground to move for a default judgment against Defendant EOA. Further, the Court notes that three of the other Defendants in this case, RareCulture, LLC, Marco Beach Hotel, Inc., and Doe 2 d/b/a Wilson Associates, have not yet appeared or file responsive pleadings in this action. The Court understands that they have been served. (See Dkt. #11). For the sake of judicial efficiency, the Court would like to wait a reasonable amount of time for each of these Defendants to appear and respond to the complaint before scheduling a pre-motion conference in this case. Accordingly, the Court will defer the scheduling of such conference to a time when it has a better understanding of how each Defendant plans to respond to the complaint. The Court understands that Plaintiff is eager to litigate this case, however, the Court asks that Plaintiff's counselunderstand that the ongoing pandemic has affected many lawyers and businesses. The Court expects that Plaintiff's counsel will be patient and respectful of Defendants and their counsel in this action. (Signed by Judge Katherine Polk Failla on 4/6/2020) (rro) |
| Filing 14 FIRST LETTER addressed to Judge Katherine Polk Failla from Joseph P. McNulty dated 4/6/2020 re: Pre Motion Conference. Document filed by Doe 2 d/b/a Wilson Associates..(McNulty, Joseph) |
| Filing 13 NOTICE OF APPEARANCE by Joseph P. McNulty on behalf of Doe 2 d/b/a Wilson Associates..(McNulty, Joseph) |
| Filing 12 LETTER addressed to Judge Katherine Polk Failla from Robert M. Appleton dated 4/6/2020 re: Response to Defendant EOA Inc.'s letter to the Court dated April 1, 2020. Document filed by Lee Borthwick..(Appleton, Robert) |
| Filing 11 CERTIFICATE OF SERVICE of Summons and Complaint. Doe 2 d/b/a Wilson Associates served on 3/12/2020, answer due 4/2/2020; Marco Beach Hotel, Inc. served on 3/25/2020, answer due 4/15/2020; RareCulture, LLC served on 3/31/2020, answer due 4/21/2020. Service was accepted by Jennifer Duong - authorized agent, Zach Sautter - S.O.P. Clerk, Nancy Dougherty - Document Specialist, Secretary of State. Document filed by Lee Borthwick..(Appleton, Robert) |
| Filing 10 CERTIFICATE OF SERVICE of Summons and Complaint. Service was accepted by Irene Abreu, Creative Coordinator. Document filed by Lee Borthwick..(Appleton, Robert) |
| Filing 9 FIRST LETTER addressed to Judge Katherine Polk Failla from Kevin J. O'Neill, Esq. dated April 1, 2020 re: Pre Motion Conference Request. Document filed by EOA, Inc...(O'Neill, Kevin) |
| Filing 8 NOTICE OF APPEARANCE by Kevin Jude O'Neill on behalf of EOA, Inc...(O'Neill, Kevin) |
| Filing 7 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/22/2020 at 11:30 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 3/23/2020) (rro) |
| 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..(pc) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Doe 1, Doe 2 d/b/a Wilson Associates, EOA, Inc., Marco Beach Hotel, Inc., RareCulture, LLC..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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..(pc) |
| Magistrate Judge Ona T. Wang 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Appleton, Robert) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to RareCulture, LLC, Marco Beach Hotel, Inc., EOA, Inc., Doe 2 d/b/a Wilson Associates; Doe 1, re: #1 Complaint. Document filed by Lee Borthwick..(Appleton, Robert) |
| Filing 2 CIVIL COVER SHEET filed..(Appleton, Robert) |
| Filing 1 COMPLAINT against Doe 1, Doe 2 d/b/a Wilson Associates, EOA, Inc., Marco Beach Hotel, Inc., RareCulture, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-19020785)Document filed by Lee Borthwick..(Appleton, Robert) |
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