EMBV Media, S. A. v. Videoapp, Inc. et al
| EMBV Media and EMBV Media, S. A. |
| Videoapp, Inc., Dark Alley Distribution and Videoapp, Inc. a Nevis corporation doing business as PPVNetworks |
| 1:2020cv04228 |
| June 3, 2020 |
| US District Court for the Southern District of New York |
| Mary Kay Vyskocil |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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Filing 28
ORDER re: #20 Response in Opposition to Motion, #18 LETTER MOTION for Extension of Time to File Answer: The Court is in receipt of Defendants' request for an extension of time to respond to the Complaint [ECF # 18] and Plaintiff's opposition to the same [ECF # 20]. It is therefore ORDERED that the parties are to attend a hearing on August 4, 2020 at 12:00PM. The conference will be held telephonically and may be accessed by dialing (888) 278-0296 at the scheduled time. When prompted, enter access code 5195844#. The Court will join once all parties are on the line. (Telephone Conference set for 8/4/2020 at 12:00 PM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 7/28/2020) (jwh)
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| Filing 27 AFFIRMATION of D. Gill Sperlein in Support re: #16 Notice (Other), #25 Proposed Clerk's Certificate of Default, #26 Proposed Clerk's Certificate of Default. Document filed by EMBV Media, S. A...(Sperlein, Gill) |
| Filing 26 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by EMBV Media, S. A.(Sperlein, Gill) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/15/2020 (dt). |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by EMBV Media, S. A...(Sperlein, Gill) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/15/2020 (dt). |
| Filing 24 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - DECLARATION of D. Gill Sperlein in Support re: #16 Notice (Other), #23 Proposed Clerk's Certificate of Default. Document filed by EMBV Media, S. A..(Sperlein, Gill) Modified on 7/15/2020 (dt). |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by EMBV Media, S. A...(Sperlein, Gill) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/15/2020 (dt). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Gill Sperlein. RE-FILE Document No. #21 Proposed Clerk's Certificate of Default #22 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): Please refer to ECF Rule 16.1. The clerk's certificates that were filed as not as to form. Please use the sample clerk's certificate that is on our website under forms. Re-file each proposed clerk's certificate as one entry, filed under proposed orders, proposed clerk's certificate of default, then file the affidavit or declaration in support as a separate entry. (Filed under other answers, affidavit or declaration in support of a non-motion). (km) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gill Sperlein Do Not RE-FILE Document #24 Declaration in Support, until you are ready to re-file the Clerk's Certificates of Default. Use the event type Affirmation in Support of a Non-Motion found under the event list Other Answers. (dt) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Gill Sperlein Document #25 Proposed Clerk's Certificate of Default, #26 Proposed Clerk's Certificate of Default. ERROR(S): There is an Open Letter Motion for an Extension of Time to answer the Complaint. (dt) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Gill Sperlein. RE-FILE Document No. #23 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the filed date of the complaint; the proposed clerk's certificate of default does not list the name of the person that was personally served; the Clerk's Certificates of Default have to be filed separately, and they are Premature, there are 2 open Letter Motions for an extension of time to answer. (dt) |
| Filing 22 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by EMBV Media, S. A...(Sperlein, Gill) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/15/2020 (km). |
| Filing 21 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by EMBV Media, S. A...(Sperlein, Gill) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/15/2020 (km). |
| Filing 20 LETTER RESPONSE in Opposition to Motion addressed to Judge Mary Kay Vyskocil from D. Gill Sperlein dated 07/14/2020 re: #18 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Wesley M. Mullen dated July 14, 2020. . Document filed by EMBV Media, S. A...(Sperlein, Gill) |
| Filing 19 LETTER addressed to Judge Mary Kay Vyskocil from D. Gill Sperlein, Counsel for Plaintiff dated 7/14/2020 re: Intent to File Opposition. Document filed by EMBV Media, S. A...(Sperlein, Gill) |
| Filing 18 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Mary Kay Vyskocil from Wesley M. Mullen dated July 14, 2020. Document filed by Dark Alley Distribution, Videoapp, Inc...(Mullen, Wesley) |
| Filing 17 NOTICE OF APPEARANCE by Wesley Martin Mullen on behalf of Dark Alley Distribution, Videoapp, Inc...(Mullen, Wesley) |
| Filing 16 NOTICE of Request for Clerk's Entry of Default re: #12 Affidavit of Service Complaints, #1 Complaint, #10 Affidavit of Service Complaints, #9 Summons Issued. Document filed by EMBV Media, S. A...(Rudofsky, Edward) |
| Filing 15 NOTICE OF APPEARANCE by Gill Sperlein on behalf of EMBV Media, S. A...(Sperlein, Gill) |
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Filing 14
ORDER granting #11 Motion for Dennis Gill Sperlein to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz)
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| Filing 13 NOTICE OF CHANGE OF ADDRESS by Edward Steven Rudofsky on behalf of EMBV Media, S. A.. New Address: Zane and Rudofsky, Five Arrowood Lane, Melville, NY, United States 11747, 631-423-5689..(Rudofsky, Edward) |
| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Dark Alley Distribution served on 6/18/2020, answer due 7/9/2020. Service was accepted by Robert O. Felt, Registered Agent. Document filed by EMBV Media, S. A...(Rudofsky, Edward) |
| Filing 11 EX PARTE MOTION for Dennis Gill Sperlein to Appear Pro Hac Vice on behalf of Plaintiff EMBV Media, S.A.. Filing fee $ 200.00, receipt number ANYSDC-20299273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by EMBV Media, S. A.. (Attachments: #1 Affidavit Declaration of D. Gill Sperlein, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Rudofsky, Edward) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 EX PARTE MOTION for Dennis Gill Sperlein to Appear Pro Hac Vice on behalf of Plaintiff EMBV Media, S.A.. Filing fee $ 200.00, receipt number ANYSDC-20299273. Motion and supporting papers to be reviewed by Clerk's. The document has been reviewed and there are no deficiencies. (ad) |
| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Videoapp, Inc. served on 6/11/2020, answer due 7/2/2020. Service was made by "Nail & Mail" substituted service upon Damian Todaro, corporate defendant's president,. Document filed by EMBV Media, S. A...(Rudofsky, Edward) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Dark Alley Distribution, Videoapp, Inc...(pne) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Videoapp, Inc.; Dark Alley Distribution, re: #1 Complaint. Document filed by EMBV Media, S. A...(Rudofsky, Edward) |
| Filing 7 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Edward Steven Rudofsky. The party information for the following party/parties has been modified: EMBV Media; Videoapp, Inc.; Dark Alley Distribution. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted; alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Edward Steven Rudofsky. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Edward Steven Rudofsky. Attorney must electronically file the Civil Cover Sheet separately. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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..(jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Edward Steven Rudofsky to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the Court name is not on the PDF;. 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. (jgo) |
| 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Edward Steven Rudofsky re: Document No. #4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the Docket Number field on the AO 121 Copyright form was not completed by the attorney; the Date Filed field on the AO 121 Copyright form was not completed by the attorney. DO NOT re-file the form. The Court has corrected the deficiency/deficiencies.. (jgo) |
| Filing 6 STATEMENT OF RELATEDNESS re: that this action be filed as related to 19-cv-6318. Document filed by EMBV Media..(Rudofsky, Edward) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by EMBV Media..(Rudofsky, Edward) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit Attachment to Report on Filing).(Rudofsky, Edward) |
| Filing 3 FILING ERROR - FILING ERROR - NOTICE of Report on Filing (AO 121) re: #1 Complaint. Document filed by EMBV Media. (Attachments: #1 Exhibit Attachment to Report on Filing).(Rudofsky, Edward) Modified on 6/3/2020 (jgo). |
| Filing 2 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Videoapp, Inc.; Dark Alley Distribution, re: #1 Complaint. Document filed by EMBV Media..(Rudofsky, Edward) Modified on 6/4/2020 (jgo). |
| Filing 1 COMPLAINT against Dark Alley Distribution, Videoapp, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-20089239)Document filed by EMBV Media. (Attachments: #1 Exhibit Complaint Ex. A, #2 Civil Cover Sheet).(Rudofsky, Edward) |
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