Penske Media Corporation v. Shutterstock, Inc.
| Penske Media Corporation |
| Shutterstock, Inc. |
| 1:2020cv04583 |
| June 15, 2020 |
| US District Court for the Southern District of New York |
| Valerie Figueredo |
| Mary Kay Vyskocil |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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Filing 144
ORDER: A telephonic conference was held on September 16, 2022. At that conference, all but one of the outstanding discovery disputes raised by the parties in their joint letter to the Court, dated December 30, 2021 (see ECF No. 94) were resolved for the reasons stated on the record. The remaining unresolved dispute concerns Shutterstock's Request for Production No. 78, which sought all documents and communications reflecting any communications with any plaintiff in any claim against Penske regarding any violation of Section 1202 of the Digital Millennium Copyright Act. Penske objected to this request on relevance and undue burden grounds. Because RFP No. 78 is quite broad and Shutterstock has not adequately explained why communications from unrelated litigations involving other plaintiffs are relevant to the claims at issue here, the request to compel Penske to search for and produce documents responsive to this request is denied. (Signed by Magistrate Judge Valerie Figueredo on 9/27/2022) (rro)
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| Filing 143 LETTER addressed to Magistrate Judge Valerie Figueredo from Cynthia S. Arato dated 09/27/2022 re: Request for Production No. 78. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Minute Entry for proceedings held before Magistrate Judge Valerie Figueredo: Discovery Hearing held on 9/16/2022. (sjo) |
| NOTICE TO COUNSEL: REMINDER of the telephonic Discovery Conference scheduled for Friday, September 16, 2022 at 2:00 p.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335. re: #142 Memo Endorsement, Set Deadlines/Hearings. (sjo) |
| Filing 142 MEMO ENDORSEMENT on re: #141 Letter filed by Shutterstock, Inc. ENDORSEMENT: The conference currently scheduled for September 9, 2022 at 10 a.m. is hereby rescheduled to September 16, 2022 at 2:00 p.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335. (Telephone Conference set for 9/16/2022 at 02:00 PM before Magistrate Judge Valerie Figueredo.) (Signed by Magistrate Judge Valerie Figueredo on 8/24/2022) (rro) |
| Filing 141 LETTER addressed to Magistrate Judge Valerie Figueredo from Eleanor M. Lackman dated August 23, 2022 re: Availability for Status Conference. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 140
ORDER granting #139 Letter Motion to Adjourn Conference. The parties are directed to inform the Court by Wednesday, August 24, 2022, whether they have availability for the conference on September 14, 15, or 16. The Clerk of Court is directed to close the motion at ECF No. 139. (Signed by Magistrate Judge Valerie Figueredo on 8/19/2022) (ate)
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| Filing 139 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Valerie Figueredo from Eleanor M. Lackman dated August 17, 2022. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 138
ORDER: A discovery conference in this matter is hereby scheduled for Friday, September 9, 2022 at 10:00 a.m. in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conferences for the most up to date information. SO ORDERED. ( Discovery Hearing set for 9/9/2022 at 10:00 AM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Judge Valerie Figueredo.) (Signed by Magistrate Judge Valerie Figueredo on 8/15/2022) (tg) Modified on 8/23/2022 (tg).
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| Filing 137 ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Plaintiff-Counterclaim Defendant Penske Media Corp. and Defendant-Counterclaim Plaintiff Shutterstock, Inc. dated June 9, 2022 re: Attaching Exhibit 8 Under Seal to Joint Letter dated June 9, 2022 (Dkt. No. 135). Document filed by Penske Media Corporation, Shutterstock, Inc.. (Attachments: #1 Exhibit 8. Pavlovsky transcript excerpts)Motion or Order to File Under Seal: #136 .(Arato, Cynthia) |
| Filing 136 JOINT LETTER MOTION to Seal Pavlovsky Deposition Transcript Excerpt, Exhibit 8 to Joint Letter dated June 9, 2022 (Dkt. 135) addressed to Magistrate Judge Valerie Figueredo from Plaintiff-Counterclaim Defendant Penske Media Corp. and Defendant-Counterclaim Plaintiff Shutterstock, Inc. dated June 9, 2022. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 135 JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Plaintiff-Counterclaim Defendant Penske Media Corp. and Defendant-Counterclaim Plaintiff Shutterstock, Inc. dated June 9, 2022 re: Order dated May 20, 2022 (Dkt. No. 132). Document filed by Penske Media Corporation. (Attachments: #1 Exhibit 1. Chart re Disputed Requests, #2 Exhibit 2. PMC's Responses to First Set of RFPs, #3 Exhibit 3. PMC's Responses to Third Set of RFPs, #4 Exhibit 4. PMC's Responses to Fourth Set of RFPs, #5 Exhibit 5. PMC's Responses to Fifth Set of RFPs, #6 Exhibit 6. Utecht deposition transcript excerpts, #7 Exhibit 7. Penske deposition transcript excerpts).(Arato, Cynthia) |
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Filing 134
ORDER granting #133 Letter Motion for Extension of Time. Application Granted. (Signed by Magistrate Judge Valerie Figueredo on 5/26/2022) (vfr)
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| Filing 133 JOINT LETTER MOTION for Extension of Time to File Joint Letter Pursuant to Order (Docket 132) addressed to Magistrate Judge Valerie Figueredo from Cynthia S. Arato and Eleanor M. Lackman dated 5/25/2022. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 132
ORDER. For the remaining RFPs identified in the December 30th letter that are still in dispute, the Court requests the following information as further set forth in this Order. The parties are directed to submit this information no later than Tuesday, May 31, 2022. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 5/20/22) (yv)
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| Filing 131 JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Eleanor M. Lackman and Cynthia S. Arato dated May 10, 2022 re: Pursuant to Your Honors Order in ECF No. 128. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 130
ORDER TO STRIKE:The Court respectfully directs the Clerk of Court to strike document number 129 from the docket. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 5/5/2022) (rro)
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Filing 129
***STRICKEN DOCUMENT. Document number 129] has been stricken from the case record. The document was stricken from this case pursuant to #130 Order . ORDER: On April 30, 2022, this case was reassigned to me for Social Security. On May 3, 2022, Plaintiff Guillermo Estevez submitted a letter (ECF No. 23) to the Court requesting an extension of time for filing his opposition in response to Defendant's Motion for Judgment on the Pleadings (ECF Nos. 18-19). Plaintiff is ordered to file this opposition no later than Monday, June 6, 2022. SO ORDERED. ( Responses due by 6/6/2022) (Signed by Magistrate Judge Valerie Figueredo on 5/5/2022) (tg) Modified on 5/5/2022 (rro).
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Filing 128
ORDER: On May 2, 2022, this case was reassigned to me for Specific Non-Dispositive Motion/Dispute: ECF No. 94. The parties joint letter dated December 30, 2021 (see ECF No. 94) contains various discovery disputes. The parties are ordered to file a joint letter no later than May 10, 2022, informing the court of what, if any, discovery disputes from that letter remain outstanding and each party's current position as to that outstanding dispute. (Signed by Magistrate Judge Valerie Figueredo on 5/3/2022) (rro)
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Filing 127
AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: ECF NO. 94. Referred to Magistrate Judge Valerie Figueredo. (Signed by Judge Mary Kay Vyskocil on 5/2/2022) (tg)
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| NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Valerie Figueredo, for Settlement. Magistrate Judge Debra C. Freeman no longer referred to the case. (laq) |
| NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (laq) |
| Filing 126 NOTICE of WITHDRAWAL OF COUNSEL. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 125
ORDER granting #123 Letter Motion to Adjourn Conference. By separate order, the Court will refer the discovery dispute to the assigned Magistrate Judge. After the discovery dispute is resolved, the Court will set a briefing schedule for the Parties' contemplated cross-motions for summary judgment. [ECF Nos. 108, 113]. Accordingly, the conference scheduled for April 20, 2022 is adjourned sine die. The Clerk of the Court respectfully is requested to terminate the letter at ECF No. 123. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/8/2022) (tg)
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| Filing 124 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato and Eleanor M. Lackman dated 04/07/2022 re: PMCs request to recall Candice Murray. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 123 LETTER MOTION to Adjourn Conference addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated 04/05/2022. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 122 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 28, 2022 re: #113 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/23/2022. . Document filed by Shutterstock, Inc., Penske Media Corporation. (Attachments: #1 Counterstatement to PMC Anticipated Rule 56.1 Statement)Motion or Order to File Under Seal: #121 .(Lackman, Eleanor) |
| Filing 121 LETTER MOTION to Seal Portions of Shutterstock's Response to Pre-Motion Letter on MSJ and Counterstatement to Anticipated Rule 56.1 Statement addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 28, 2022. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 120 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 28, 2022 re: #113 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/23/2022. . Document filed by Shutterstock, Inc.. (Attachments: #1 Counterstatement to PMC Anticipated Rule 56.1 Statement - REDACTED).(Lackman, Eleanor) |
| Filing 119 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/28/2022 re: #107 LETTER MOTION for Conference re: Motion to Exclude Expert Testimony addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 23, 2022. . Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 118 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/28/2022 re: #108 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 23, 2022. . Document filed by Penske Media Corporation. (Attachments: #1 Response to Shutterstock's Draft Rule 56.1 Statement).(Arato, Cynthia) |
| Filing 117 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/28/2022 re: #110 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 23, 2022. . Document filed by Penske Media Corporation, Shutterstock, Inc.. (Attachments: #1 Response to Shutterstock's Draft Rule 56.1 Statement)Motion or Order to File Under Seal: #115 .(Arato, Cynthia) |
| Filing 116 ***SELECTED PARTIES*** LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/28/2022. Document filed by Penske Media Corporation, Shutterstock, Inc.. (Attachments: #1 Response to Shutterstock's Draft Rule 56.1 Statement)Motion or Order to File Under Seal: #115 .(Arato, Cynthia) |
| Filing 115 LETTER MOTION to Seal Portions of PMC's Responses to Shutterstock's Pre-Motion Letter on MSJ and Draft Rule 56.1 Statement addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/28/2022. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 114
MEMO ENDORSEMENT on re: #106 Letter filed by Shutterstock, Inc. ENDORSEMENT: Due to a change in the Court's calendar, the Post-Discovery Conference presently scheduled for March 30, 2022 is hereby adjourned to April 20, 2022 at 12:00pm. SO ORDERED. ( Status Conference set for 4/20/2022 at 12:00 PM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 3/28/2022) (rro)
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| Filing 113 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/23/2022. Document filed by Penske Media Corporation. (Attachments: #1 56.1 Statement).(Arato, Cynthia) |
| Filing 112 ***SELECTED PARTIES*** LETTER MOTION for Conference re Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/23/2022. Document filed by Penske Media Corporation, Shutterstock, Inc.. (Attachments: #1 56.1 Statement)Motion or Order to File Under Seal: #111 .(Arato, Cynthia) |
| Filing 111 LETTER MOTION to Seal Seal Portions of Pre-Motion Letter on MSJ and Draft Rule 56.1 Statement addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 03/23/2022. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 110 ***SELECTED PARTIES*** LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 23, 2022. Document filed by Shutterstock, Inc., Penske Media Corporation. (Attachments: #1 Draft Rule 56.1 Statement)Motion or Order to File Under Seal: #109 .(Lackman, Eleanor) |
| Filing 109 LETTER MOTION to Seal Portions of Pre-Motion Letter on MSJ and Draft Rule 56.1 Statement addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 23, 2022. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 108 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 23, 2022. Document filed by Shutterstock, Inc.. (Attachments: #1 Draft Rule 56.1 Statement).(Lackman, Eleanor) |
| Filing 107 LETTER MOTION for Conference re: Motion to Exclude Expert Testimony addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 23, 2022. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 106 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated March 23, 2022 re: Post-Discovery Conference. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 105 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated March 22, 2022 re: 30(b)(6) Issues. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 104
ORDER granting #103 Letter Motion to Adjourn Conference. GRANTED. The status conference currently scheduled for March 2, 2022 is adjourned to March 30, 2022 at 3:00pm. SO ORDERED. (Status Conference set for 3/30/2022 at 03:00 PM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 2/22/22) (yv)
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| Filing 103 JOINT LETTER MOTION to Adjourn Conference addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated February 17, 2022. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 102 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Eric S. Olney and Eleanor M. Lackman dated 2/4/2022 re: Settlement Update. Document filed by Penske Media Corporation..(Olney, Eric) |
| Filing 101 NOTICE OF APPEARANCE by Eric Samuel Olney on behalf of Penske Media Corporation..(Olney, Eric) |
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Filing 100
MEMO ENDORSEMENT on re: #87 Letter filed by Penske Media Corporation. ENDORSEMENT: No later than 2/4/2022, the parties are directed to inform the Court as to whether they believe a further settlement conference might be helpful, and, if so, then when such a conference would most likely be productive. SO ORDERED. (Signed by Magistrate Judge Debra C. Freeman on 1/24/2022) (ks)
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Filing 99
MEMO ENDORSEMENT on re: #97 Letter filed by Penske Media Corporation. ENDORSEMENT: The letter writing needs to stop. Counsel need to behave as civil and responsible professionals. No reasonable explanation has been provided for why the witness, whom Counsel represents was exposed early in the week of December 26, 2021, has not been tested for COVID almost two weeks later. The Court has no option but to accept Counsel's representation, as an officer of the Court, that the witness is too ill to sit for deposition. As such, Counsel should coordinate to reschedule the 30(b)(6) witness to a date during the week of January 17, 2022. The fact discovery deadline is extended to February 28, 2022. All other depositions previously noticed should be rescheduled to occur in the same order previously contemplated after Penske Media Corporation's 30(b)(6) witness. The post-discovery conference currently scheduled for February 2, 2022 is hereby adjourned to March 2, 2022 at 10:00am. THE PARTIES ARE ADMONISHED TO WORK COOPERATIVELY AND TO CEASE THE LETTER WRITING CAMPAIGN TO THE COURT. THE PARTIES ARE WARNED THAT FURTHER ABUSE OF THE DISCOVERY PROCESS, INCLUDING VIOLATIONS OF DISCOVERY ORDERS AND DEADLINES, MAY EXPOSE THE OFFICER TO SANCTIONS. SO ORDERED. ( Fact Discovery due by 2/28/2022., Status Conference set for 3/2/2022 at 10:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 1/4/2022) (tg)
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| Filing 98 LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 1/4/2022 re: Corrected version of previously submitted Letter re reconsideration of Courts January 4, 2022 order. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 97 LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated 1/4/2022 re: Reconsideration regarding Karl Walter Deposition. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 96
MEMO ENDORSEMENT on re: #95 Letter filed by Shutterstock, Inc. ENDORSEMENT: GRANTED. Penske Media Corporation's designated Rule 30(b)(6) witness shall sit for the deposition currently scheduled for January 5, 2022 unless the witness provides a doctor's note. The Parties shall confer on whether a remote deposition would be most appropriate. If the witness does not sit for the currently scheduled deposition, the witness shall be deposed on January 10 and 11, 2022, and Shutterstock, Inc. may reschedule its remaining two witnesses. On or before January 6, 2022, Penske Media Corporation shall provide proposed dates for the deposition of Jay Penske. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/4/2022) (tg)
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| Filing 95 LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated January 4, 2022 re: URGENT request for relief regarding deposition. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 94 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated December 30, 2021 re: Discovery Issues. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 93
MEMO ENDORSEMENT on re: #90 Letter filed by Penske Media Corporation. ENDORSEMENT: The Court has reviewed the letter filed at ECF No. 90 and has determined that a conference is not necessary. On or before January 4, 2021, Shutterstock shall produce the documents that relate to PMC's Request for Production Numbers 68-71. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/21/2021) (tg)
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Filing 92
MEMO ENDORSEMENT on re: #91 Letter filed by Shutterstock, Inc. ENDORSEMENT: The deposition of Jay Penske may be reopened. The deposition shall be limited to one and a half hours, and the scope of the deposition shall be confined to documents produced after November 4. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/21/2021) (tg)
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| Filing 91 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated December 14, 2021 re: Penske Renewed Deposition. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 90 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato and Eleanor M. Lackman dated 11/11/2021 re: PMC Request For Production. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 89
MEMO ENDORSEMENT on re: #88 Letter filed by Shutterstock, Inc. ENDORSEMENT: The Court has reviewed the Joint Letter regarding the deposition of Mr. Jay Penske. The deposition shall proceed as scheduled on November 18, 2021. If, contrary to Plaintiff's position, all relevant documents are not yet produced, the deposition may have to be reopened. SO ORDERED. ( Deposition due by 11/18/2021.) (Signed by Judge Mary Kay Vyskocil on 11/10/2021) (tg)
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| Filing 88 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated November 4, 2021 re: Deposition Scheduling. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 87 JOINT LETTER addressed to Magistrate Judge Debra C. Freeman from Cynthia S. Arato and Eleanor Lackman dated 10/22/2021 re: Settlement Communication Update. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 86
ORDER granting #85 Letter Motion for Extension of Time to Complete Discovery;denying #83 Letter Motion for Local Rule 37.2 Conference. GRANTED. The deadline to complete fact discovery is extended to January 21, 2022. The Letter Motion filed at ECF No. 83 is DENIED without prejudice. The Parties are reminded that discovery disputes should be brought to the Court's attention with sufficient time to rule on them. No further extensions will be granted. (Signed by Judge Mary Kay Vyskocil on 10/7/2021) (tg) Modified on 10/14/2021 (tg).
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| Filing 85 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated October 7, 2021. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Set/Reset Deadlines: Fact Discovery due by 1/21/2022. (tg) |
| Filing 84 LETTER RESPONSE to Motion addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated September 24, 2021 re: #83 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated September 23, 2021. . Document filed by Shutterstock, Inc.. (Attachments: #1 Exhibit A).(Lackman, Eleanor) |
| Filing 83 LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated September 23, 2021. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 9/10/2021. Joint Status Letter due by 10/15/2021. (aba) |
| Set/Reset Hearings: Telephonic Settlement Conference set for 9/10/2021 at 02:00 PM before Magistrate Judge Debra C. Freeman. (aba) |
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Filing 82
ORDER terminating #81 Motion for an order clarifying the Courts Opinion and Order. The Court will not rule on this request. The Parties are free to enter into any stipulation they would like with respect to the claims in Plaintiff's Complaint. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (do)
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| Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Settlement Conference held via telephone on 7/29/2021. (aba) |
| Filing 81 MOTION for an order clarifying the Courts Opinion and Order, dated July 9, 2021 re: #71 Memorandum & Opinion,, . Document filed by Shutterstock, Inc.. (Attachments: #1 Memorandum of Law ISO Motion for an order clarifying the Courts Opinion and Order, dated July 9, 2021).(Lackman, Eleanor) |
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Filing 80
ORDER granting #78 Letter Motion to Seal.GRANTED. Shutterstock is permitted to file its Amended Answer and Counterclaim under seal and publicly file redacted versions of the same pending further order from this Court. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (DO)
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| Filing 79 ***SELECTED PARTIES***AMENDED ANSWER to #30 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Penske Media Corporation. Document filed by Shutterstock, Inc.. Motion or Order to File Under Seal: #78 .(Lackman, Eleanor) |
| Filing 78 LETTER MOTION to Seal Shutterstock's Amended Answer and Counterclaim addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated July 21, 2021. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 77 AMENDED ANSWER to #30 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Penske Media Corporation. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 76
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/20/2021) (rj)
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Filing 75
MEMO ENDORSEMENT on re: #73 Letter re: Settlement filed by Penske Media Corporation. ENDORSEMENT: GRANTED. The Court will enter an Order of Reference to a Magistrate Judge for settlement purposes. Within three business days of the settlement conference, the parties shall file a joint letter advising the court of the status (not substance) of settlement discussions, whether the settlement conference was successful or unsuccessful, and if unsuccessful if settlement discussions are ongoing or have broken down. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/20/2021) (rj)
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| Filing 74 LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated July 15, 2021 Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 73 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated July 14, 2021 re: Settlement. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 72
STIPULATED PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. Absent further application and order, the Court does not retain jurisdiction over disputes arising from this agreement after this case is closed. IT IS SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/12/2021) (ama)
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Filing 71
OPINION AND ORDER re: #50 LETTER MOTION for Oral Argument addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated November 20, 2020. filed by Shutterstock, Inc.. In short, Penske has plausibly stated a claim under the DMCA. The motion to dismiss Count Three of the Amended Complaint is denied. For the foregoing reasons, Defendant Shutterstock, Inc.'s motion to dismiss [ECF No. 35] Plaintiff Penske Media Corporation's Amended Complaint is DENIED. The request [ECF No. 50] by Shutterstock for oral argument on its motion is DENIED as moot. The Clerk of Court respectfully is requested to close the motions at ECF No. 35 and 50. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/9/2021) (rj)
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| Filing 70 PROPOSED PROTECTIVE ORDER. Document filed by Shutterstock, Inc.. (Attachments: #1 Exhibit A).(Lackman, Eleanor) |
| Set/Reset Hearings: Status Conference set for 2/2/2022 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (lb) |
| Set/Reset Hearings: Status Conference set for 2/2/2021 at 11:00 AM before Judge Mary Kay Vyskocil. (rj) |
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Filing 69
SCHEDULING ORDER denying #35 Motion to Dismiss. The Court held a status conference in this case on July 7, 2021. This order memorializes the Court's rulings at the conference. Defendant's motion to dismiss Plaintiff's Amended Compliant [ECF No. 35] is DENIED. An opinion explaining the Court's reasoning will follow in due course. As a result of the ruling on the motion, the stay of discovery for all claims addressed in Defendant's motion is lifted, and discovery with regard to those claims should begin promptly. The deadline for all fact discovery is extended to November 24, 2021. This period will include all fact discovery including any discovery to be taken from third parties. The deadline for expert discovery in this case is set for January 21, 2022. The parties should confer by the end of October 2021 about a schedule for the exchange of expert disclosures. Any such schedule does not require court approval provided that the parties comply with the January 21 deadline. In furtherance of the issues discussed at the July 7 conference, the parties are directed to confer and submit a joint letter, filed on the ECF docket, on or before July 14, 2021, regarding settlement in this case. Specifically, the parties should address whether they agree on referral to the Court-annexed mediation program or to a Magistrate Judge, or if the parties intend to pursue private mediation. The Parties are directed to appear for a Post-Discovery Conference on February 2, 2022 at 11:00 AM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. One week in advance of the conference, the parties must submit a joint letter in compliance with the Court's Individual Practices. The parties also are instructed to review the Court's Individual Practices related to summary judgment motions and pre-motion filings in anticipation of such motions. If either party anticipates filing a summary judgment motions, pre-motion filings should be submitted sufficiently in advance of the Post-Discovery Conference to allow the Court to review the filings. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/7/2021) (rj)
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| Filing 68 NOTICE OF APPEARANCE by Amelia Courtney Hritz on behalf of Penske Media Corporation..(Hritz, Amelia) |
| Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Status Conference held on 7/7/2021. (rz) |
| Set/Reset Deadlines: Expert Discovery due by 1/21/2022., Fact Discovery due by 11/24/2021., Set/Reset Hearings: Status Conference set for 2/22/2022 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (rj) |
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Filing 67
ORDER granting #58 Letter Motion to Seal. The document will remain under seal pending application or further order of the Court. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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| Filing 66 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated June 30, 2021 re: Status Conference Letter. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 65 ANSWER to #57 Counterclaim. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 64
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. These dates may be altered by the Parties without application to the Court. Expert Discovery to be discussed at the next status conference. The parties have discussed settlement and use of alternate dispute resolution. Please advise the Court of the outcome of your discussion. Deposition due by 10/29/2021. Fact Discovery due by 8/16/2021. Status Conference set for 7/7/2021 at 11:00 AM before Judge Mary Kay Vyskocil. Counsel for the parties have conferred and their present best estimate of the length of trial is: 7-10 days. Discovery is stayed for claims addressed in Defendant's motion to dismiss, but is not stayed for any claims not addressed in the motion. A Status Conference is scheduled for July 7, 2021 at 11:00AM. The conference will be held telephonically. To join the conference dial 888-278-0296 and enter access code 5195844. This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 6) shall be made in a written application in accordance with paragraph 2(G) of the Court's Individual Practice Rules and shall be made no less than three (3) days prior to the expiration of the date sought to be extended. Failure to complyherein may result in sanctions, including preclusion at trial of information not provided or dismissal of claims or defenses. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/14/2021) (rj)
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Filing 63
ORDER granting #62 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/14/2021) (rj)
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| Set/Reset Deadlines: Responses due by 4/16/2021 (rj) |
| Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Initial Pretrial Conference held on 4/14/2021. (rz) |
| Filing 62 LETTER MOTION for Extension of Time to File Response to Defendant's Counterclaims addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated April 12, 2021. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 61 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato and Eleanor Lackman dated April 7, 2021 re: Initial Pretrial Conference. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 60 PROPOSED CASE MANAGEMENT PLAN. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 59 ***SELECTED PARTIES***ANSWER to #29 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Penske Media Corporation. Document filed by Penske Media Corporation, Shutterstock, Inc..Motion or Order to File Under Seal: #58 .(Lackman, Eleanor) |
| Filing 58 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated March 24, 2021. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 57 ANSWER to #30 Amended Complaint, with JURY DEMAND., COUNTERCLAIM against Penske Media Corporation. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 56 NOTICE OF APPEARANCE by Marissa Brooke Lewis on behalf of Shutterstock, Inc...(Lewis, Marissa) |
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Filing 55
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/14/2021 at 10:30 AM before Judge Mary Kay Vyskocil. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. In advance of the Initial Pretrial Conference, and within 14 days of this Order, counsel must meet face-to-face for at least one hour to discuss the possibility of settlement; as further set forth herein. Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 72 hours before the deadline or conference. This Order resolves the Motion at ECF No. 51. (Signed by Judge Mary Kay Vyskocil on 3/19/2021) (mro)
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| Filing 54 LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated March 17, 2021 re: Local Rule 37.2 Conference. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 53
ORDER granting #52 Motion to Withdraw as Attorney. The motion [ECF No. 52] of counsel Lauren M. Brody to withdraw from this case is GRANTED. The Clerk of Court respectfully is requested to terminate Ms. Brody from the ECF docket. Plaintiff will continue to be represented by Cynthia S. Arato of Shapiro Arato Bach LLP. Attorney Lauren Marie Brody terminated. (Signed by Judge Mary Kay Vyskocil on 2/8/2021) (mro)
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| Filing 52 MOTION for Lauren M. Brody to Withdraw as Attorney . Document filed by Penske Media Corporation..(Brody, Lauren) |
| Filing 51 JOINT LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman and Cynthia S. Arato dated December 21, 2020. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 50 LETTER MOTION for Oral Argument addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated November 20, 2020. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 49 REPLY MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Second, Third, and Fourth Causes of Action in the Amended Complaint. . Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 48
ORDER granting #46 Letter Motion for Extension of Time to File Response/Reply; granting #47 Letter Motion for Extension of Time to File Response/Reply. GRANTED. Defendant's reply may be filed on or before November 20, 2020. This Order resolved the motions at both ECF 46 and 47. Replies due by 11/20/2020. (Signed by Judge Mary Kay Vyskocil on 11/13/2020) (mro)
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| Filing 47 LETTER MOTION for Extension of Time to File Response/Reply as to #45 Memorandum of Law in Opposition to Motion *Corrected* addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated November 11, 2020. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 46 LETTER MOTION for Extension of Time to File Response/Reply as to #45 Memorandum of Law in Opposition to Motion addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated November 10, 2020. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 45 MEMORANDUM OF LAW in Opposition re: #35 MOTION to Dismiss Second, Third, and Fourth Causes of Action in the Amended Complaint. . Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 44 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 43 MEMO ENDORSEMENT on re: #42 Letter filed by Penske Media Corporation. ENDORSEMENT: GRANTED. Plaintiff's Opposition to the Motion to Dismiss is due November 6, 2020. Defendant's Reply should be submitted in compliance with Local Rule 6.1(b). ( Responses due by 11/6/2020) (Signed by Judge Mary Kay Vyskocil on 10/19/2020) (mro) |
| Filing 42 LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated October 16, 2020 re: Extension of Time. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 41
ORDER granting #38 Letter Motion to Seal; granting #28 Letter Motion to Seal. The documents will remain under seal pending application or further order of the Court. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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Filing 40
ORDER denying as moot #20 Motion to Dismiss. This motion was directed at the Original Complaint and has been superseded by a new motion to dismiss. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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| Filing 39 ***SELECTED PARTIES***DECLARATION of Eleanor M. Lackman in Support re: #35 MOTION to Dismiss Second, Third, and Fourth Causes of Action in the Amended Complaint.. Document filed by Shutterstock, Inc., Penske Media Corporation. (Attachments: #1 Exhibit Exhibit A to Lackman Declaration)Motion or Order to File Under Seal: #38 .(Lackman, Eleanor) |
| Filing 38 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated October 9, 2020. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 37 DECLARATION of Eleanor M. Lackman in Support re: #35 MOTION to Dismiss Second, Third, and Fourth Causes of Action in the Amended Complaint.. Document filed by Shutterstock, Inc.. (Attachments: #1 Exhibit Exhibit A to Lackman Declaration).(Lackman, Eleanor) |
| Filing 36 MEMORANDUM OF LAW in Support re: #35 MOTION to Dismiss Second, Third, and Fourth Causes of Action in the Amended Complaint. . Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 35 MOTION to Dismiss Second, Third, and Fourth Causes of Action in the Amended Complaint. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
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Filing 34
ORDER granting #33 Letter Motion for Extension of Time. GRANTED. Counsel is reminded that the Court's Individual Practices requires that requests for extension must be submitted at least three days in advance of the current deadline. Failure to comply with future requests may result in denial of the relief sought. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/24/2020) (va)
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| Set/Reset Deadlines: Shutterstock, Inc. answer due 10/9/2020. (va) |
| Filing 33 LETTER MOTION for Extension of Time to Respond to Amended Complaint addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated September 23, 2020. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 32 AO 121 FORM COPYRIGHT - ADDITIONAL PLEADING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that following additional copyright(s) have been included in a court action filed in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(pne) |
| Filing 31 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for additional pleading submitted to court for review..(Arato, Cynthia) |
| Filing 30 ***SELECTED PARTIES*** AMENDED COMPLAINT amending #9 Complaint against Shutterstock, Inc. with JURY DEMAND.Document filed by Shutterstock, Inc., Penske Media Corporation. Related document: #9 Complaint. (Attachments: #1 Exhibit Exhibit 1 (Part 1), #2 Exhibit 1 (Part 2), #3 Exhibit 1 (Part 3), #4 Exhibit 1 (Part 4))Motion or Order to File Under Seal: #28 .(Arato, Cynthia) |
| Filing 29 AMENDED COMPLAINT amending #2 Complaint against Shutterstock, Inc. with JURY DEMAND.Document filed by Penske Media Corporation. Related document: #2 Complaint. (Attachments: #1 Exhibit Exhibit 1 (Part 1), #2 Exhibit Exhibit 1 (Part 2), #3 Exhibit Exhibit 1 (Part 3), #4 Exhibit Exhibit 1 (Part 4)).(Arato, Cynthia) |
| Filing 28 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated September 11, 2020. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 27
MEMO ENDORSEMENT on re: #26 Letter filed by Penske Media Corporation. ENDORSEMENT: GRANTED. Plaintiff's opposition to the motion to dismiss is due September 11, 2020. Defendant's reply is due September 22, 2020. SO ORDERED. ( Responses due by 9/11/2020, Replies due by 9/22/2020.) (Signed by Judge Mary Kay Vyskocil on 9/4/2020) (kv)
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| Filing 26 LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated September 4, 2020 re: Extension of Time. Document filed by Penske Media Corporation..(Arato, Cynthia) |
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Filing 25
ORDER granting #23 Letter Motion to Seal. The documents referenced in the motion will remain sealed pending further applications or ruling of the Court. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab)
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| Filing 24 ***SELECTED PARTIES***DECLARATION of Eleanor M. Lackman in Support re: #20 MOTION to Dismiss Second and Third Causes of Action in the Complaint.. Document filed by Shutterstock, Inc., Penske Media Corporation. (Attachments: #1 Exhibit Exhibit A to Lackman Declaration - Unredacted Exhibit)Motion or Order to File Under Seal: #23 .(Lackman, Eleanor) |
| Filing 23 LETTER MOTION to Seal addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated August 13, 2020. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 22 DECLARATION of Eleanor M. Lackman in Support re: #20 MOTION to Dismiss Second and Third Causes of Action in the Complaint.. Document filed by Shutterstock, Inc.. (Attachments: #1 Exhibit Exhibit A to Lackman Declaration).(Lackman, Eleanor) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 MOTION to Dismiss Second and Third Causes of Action in the Complaint. . Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 20 MOTION to Dismiss Second and Third Causes of Action in the Complaint. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 19 MEMO ENDORSEMENT on re: #18 Letter filed by Penske Media Corporation.ENDORSEMENT: The Court is in receipt of the notice dismissing Plaintiff's copyright infringement claims. That claim is dismissed without prejudice to renewal. The schedule previously set in ECF 16 will govern Defendant's response to the remaining claims. (Signed by Judge Mary Kay Vyskocil on 7/27/2020) (mro) |
| Filing 18 JOINT LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated July 24, 2020 re: Voluntary Dismissal. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 17 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Shutterstock, Inc.. Document filed by Penske Media Corporation. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Arato, Cynthia) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #17 Notice of Voluntary Dismissal was reviewed and referred to Judge Mary Kay Vyskocil for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) |
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Filing 16
SCHEDULING ORDER: The Defendant submitted a request for a pre-motion conference on its anticipated motion to dismiss the Plaintiff's complaint [ECF #14]. The Plaintiff opposes the request [ECF #15]. After reviewing the arguments set out in the parties' submissions, the motion for a pre-motion conference is DENIED, and defendant is GRANTED leave to file a motion to dismiss on the schedule set forth below. IT IS HEREBY ORDERED that on or before July 24, 2020, the Parties must file a joint letter on ECF explaining whether Plaintiff has voluntarily dismissed its copyright infringement claim, as suggested in Plaintiff's letter. See ECF #15 at 3. IT IS FURTHER ORDERED that Defendant must file its motion to dismiss on or before August 13, 2020. Plaintiff's response to the motion must be filed on or before September 8, 2020. Any reply must be filed on or before September 18, 2020. IT IS FURTHER ORDERED that in the event Plaintiff chooses to amend its Complaint in response to the motion to dismiss, Defendant must respond to the Amended Complaint within 21 days of the filing of the Amended Complaint. No pre-motion letters for a motion to dismiss any Amended Complaint will be required. Briefing on such a motion will be in compliance with Local Rule 6.1(b). Any request for an extension or adjournment shall be made by letter filed on ECF and must be received at least 72 hours before the deadline. Motions due by 8/13/2020. Responses due by 9/8/2020 Replies due by 9/18/2020. (Signed by Judge Mary Kay Vyskocil on 7/21/2020) (mro)
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| Filing 15 LETTER addressed to Judge Mary Kay Vyskocil from Cynthia S. Arato dated July 14, 2020 re: Plaintiff's Response to Defendant's Pre-Motion Letter. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 14 LETTER addressed to Judge Mary Kay Vyskocil from Eleanor M. Lackman dated July 9, 2020 re: Request for Pre-Motion Conference. Document filed by Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 13 NOTICE OF APPEARANCE by Eleanor Martine Lackman on behalf of Shutterstock, Inc...(Lackman, Eleanor) |
| Filing 12 SUMMONS RETURNED EXECUTED Summons and Complaint, Complaint served. Shutterstock, Inc. served on 6/18/2020, answer due 7/9/2020. Service was accepted by Lynanne Gares, Litigation Management Services Leader. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 11 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 10 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Arato, Cynthia) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Cynthia S. Arato to RE-FILE Document No. #8 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the PDF attached to the docket entry for the AO 121 Copyright form is not correct. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 (Rev. 06/16) Copyright PDF form. (pne) |
| Filing 9 COMPLAINT against Shutterstock, Inc.. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 8 FILING ERROR - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Arato, Cynthia) Modified on 6/18/2020 (pne). |
| Filing 7 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Shutterstock, Inc...(jgo) |
| Filing 5 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Shutterstock, Inc., re: #2 Complaint. Document filed by Penske Media Corporation..(Arato, Cynthia) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Cynthia S. Arato 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. (laq) |
| Case Designated ECF. (laq) |
| Filing 3 CIVIL COVER SHEET filed. (laq) |
| Filing 2 REDACTED COMPLAINT against Shutterstock, Inc. (Filing Fee $ 400.00, Receipt Number 465401259543)Document filed by Penske Media Corporation.(laq) |
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Filing 1
MEMO ENDORSEMENT on PLAINTIFF'S EX PARTE APPLICATION TO FILE PARTIALLY REDACTED COMPLAINT AND UNDER SEAL: Application GRANTED pending further order of the assigned District Court Judge. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/15/2020) (laq)
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| Magistrate Judge Debra C. Freeman 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. (laq) |
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