Boesen v. Insider, Inc.
| Michael Barrett Boesen |
| Insider, Inc. |
| 1:2020cv04028 |
| May 25, 2020 |
| US District Court for the Southern District of New York |
| Sarah L Cave |
| J Paul Oetken |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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| Filing 21 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 9/23/2020 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. (jwh) |
Filing 20
ORDER: The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within thirty days. All filing deadlines and conference dates are adjourned sine die. (Signed by Judge J. Paul Oetken on 9/22/2020) (jwh)
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| Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Settlement Conference held on 9/22/2020. The parties reached a settlement. Attorney Richard Liebowitz appeared on behalf of Plaintiff. Attorney Oren J. Warshavsky appeared on behalf of Defendant. Plaintiff Michael Barrett Boesen, representatives of Defendant, Maryanne Stronganelli and Bix Bettwy, also attended the conference. (ne) |
| Set/Reset Hearings: Settlement Conference set for 9/22/2020 at 02:00 PM before Magistrate Judge Sarah L Cave. (ne) |
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Filing 19
AMENDED SETTLEMENT CONFERENCE SCHEDULING ORDER: The settlement conference currently scheduled for Tuesday, September 22, 2020 at 2:00 pm will now take place via Zoom. Defendants must provide the conference details to opposing counsel and the Court by Friday September 18, 2020. The terms and requirements for the conference set for at ECF No. 10 remain in effect. SO ORDERED. Telephone Conference set for 9/22/2020 at 02:00 PM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 9/16/2020) (kv)
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| Filing 18 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..(pne) |
| Filing 17 CIVIL COVER SHEET filed..(Liebowitz, Richard) |
| Filing 16 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Liebowitz, Richard) |
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Filing 15
ORDER TO SUBMIT AO 121 COPYRIGHT FORM: In compliance with the provisions in 17 U.S.C. 508, Form AO 121 must be submitted when filing an action concerning a registered Copyright. On May 26, 2020 the Clerk of Court directed Attorney Richard Liebowitz to submit a completed AO 121 Form for review by the Court. To date, this form has not been filed. Plaintiff is hereby ORDERED to submit this form by August 28, 2020. If this suit concerns an unregistered copyright, Plaintiff must submit a letter attesting to that fact by the same date. Form AO 121 is available at: https://www.uscourts.gov/sites/default/files/ao121.pdf. (Signed by Magistrate Judge Sarah L Cave on 8/19/2020) (jwh)
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Filing 14
INITIAL CASE MANAGEMENT CONFERENCE AMENDED SCHEDULING ORDER:The Initial Conference currently scheduled for Tuesday, October 6, 2020 at 11:00 is RESCHEDULED to Wednesday, October 7, 2020 at 11:00 am by telephone. The parties are directed to call the Court's conference line: 866-390-1828, access code: 380-9799 at the scheduled time and must comply with the requirements for the conference as outlined in the prior scheduling order. (Initial Conference set for 10/7/2020 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/18/2020) (jwh)
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Filing 13
INITIAL CASE MANAGEMENT CONFERENCE SCHEDULING ORDER: It is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on Tuesday, October 6, 2020 at 11:00 by telephone. The parties are directed to call the Court's conference line: 866-390-1828, access code: 380-9799 at the scheduled time. It is further ORDERED that counsel shall meet and confer in accordance with Fed. R. Civ. P. 26(f) no later than 21 days before the Initial Case Management Conference. No later than one week (seven (7) calendar days) before the conference, the parties shall file a Report of Rule 26(f) Meeting and Proposed Case Management Plan, via ECF, signed by counsel for each party. A template is available at https://www.nysd.uscourts.gov/hon-sarah-l-cave. SO ORDERED.( Initial Conference set for 10/6/2020 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 8/14/20) (yv)
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Filing 12
AMENDED ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Settlement. Referred to Magistrate Judge Sarah L Cave. (Signed by Judge J. Paul Oetken on 8/12/2020) (kv)
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| Filing 11 NOTICE of Order. Document filed by Michael Barrett Boesen..(Liebowitz, Richard) |
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Filing 10
SETTLEMENT CONFERENCE SCHEDULING ORDER: A settlement conference is scheduled for Tuesday, September 22, 2020 at 2:00 pm in Courtroom 18A, 500 Pearl Street, New York, New York. All persons attending the conference must arrive at least 15 minutes beforehand to allow for the time required to pass through the security process. SO ORDERED. ( Settlement Conference set for 9/22/2020 at 02:00 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 7/16/20) (yv)
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| Filing 9 AFFIDAVIT OF SERVICE. Insider, Inc. served on 5/27/2020, answer due 7/15/2020. Document filed by Michael Barrett Boesen..(Liebowitz, Richard) |
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Filing 8
ORDER: In the Court's experience, cases involving claims under the Copyright Act, 17 U.S.C. 101 et seq., such as this case, often benefit from early settlement discussions before a magistrate judge. To that end, prior to a Rule 16(b) case management conference, the Court will refer this case (by separate Order) to the Honorable Sarah L. Cave, United States Magistrate Judge, for settlement. The parties are directed to confer with each other and with the magistrate judge to determine the most fruitful time to hold the settlement conference. To facilitate effective and prompt settlement discussions, 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 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. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/15/2020) (jca)
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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 Sarah L Cave. The parties are directed to confer with each other and with the magistrate judge to determine the most fruitful time to hold the settlement conference. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/15/2020) (kv)
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| Filing 6 ANSWER to #1 Complaint. Document filed by Insider, Inc...(Warshavsky, Oren) |
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Filing 5
ORDER granting #4 Letter Motion for Extension of Time to Answer Insider, Inc. answer due 7/15/2020. GRANTED. DEFENDANT SHALL ANSWER OR OTHERWISE RESPOND TO THE COMPLAINT ON OR BEFORE JULY 15, 2020. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Park, Isaac)
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| Filing 4 LETTER MOTION for Extension of Time to File Answer to Plaintiff's Complaint addressed to Judge J. Paul Oetken from Oren Warshavsky dated June 12, 2020. Document filed by Insider, Inc...(Warshavsky, Oren) |
| Filing 3 ELECTRONIC SUMMONS ISSUED as to Insider, Inc...(pne) |
| ***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) |
| ***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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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) |
| Case Designated ECF. (pne) |
| Magistrate Judge Sarah L. Cave 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) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Insider, Inc., re: #1 Complaint. Document filed by Michael Barrett Boesen..(Liebowitz, Richard) |
| Filing 1 COMPLAINT against Insider, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19969058)Document filed by Michael Barrett Boesen. (Attachments: #1 Exhibit A, #2 Exhibit B).(Liebowitz, Richard) |
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| Plaintiff: Michael Barrett Boesen | |
| Represented By: | Richard Liebowitz |
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| Defendant: Insider, Inc. | |
| Represented By: | Oren J. Warshavsky |
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