Simon J. Burchett Photography, Inc. v. Seeking Alpha, Inc.
Plaintiff: Simon J. Burchett Photography, Inc.
Defendant: Seeking Alpha, Inc.
Case Number: 1:2020cv07634
Filed: September 17, 2020
Court: US District Court for the Southern District of New York
Presiding Judge: Debra C Freeman
Referring Judge: J Paul Oetken
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on November 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2020 Filing 24 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 10/18/2020 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. (nb)
October 22, 2020 Opinion or Order Filing 23 JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: 1. Full and final judgment shall be entered pursuant to the terms of Defendant's Offer of Judgment Pursuant to Federal Rule of Civil Procedure Rule 68 and Plaintiff's acceptance thereof. 2. Apart from the settlement amount set forth in the Rule 68 Offer, Plaintiff shall take nothing further by way of its Complaint against Defendant. 3. All parties waive their right to appeal by the acceptance of the Rule 68 Offer. 4. There being no just cause for delay, the Clerk is ordered to enter this judgment forthwith. IT IS SO ORDERED. (Signed by Judge J. Paul Oetken on 10/22/2020) (jca)
October 22, 2020 Filing 22 PROPOSED JUDGMENT. Re: Document No. #20 Notice of Acceptance with Offer of Judgment. Document filed by Seeking Alpha, Inc...(Lackman, Eleanor) Proposed Judgment to be reviewed by Clerk's Office staff.
October 22, 2020 ***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #20 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km)
October 22, 2020 ***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #22 Proposed Judgment was reviewed and approved as to form. (km)
October 20, 2020 Filing 21 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED JUDGMENT. Re: Document No. #20 Notice of Acceptance with Offer of Judgment. Document filed by Seeking Alpha, Inc...(Lackman, Eleanor) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 10/20/2020 (km).
October 20, 2020 Filing 20 NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Seeking Alpha, Inc.. (Attachments: #1 Exhibit Offer of Judgment, #2 Exhibit Proof of Service).(Lackman, Eleanor)
October 20, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Notice to attorney Eleanor Lackman re: Document No. #20 Notice of Acceptance with Offer of Judgment. The filing is deficient for the following reason(s): the proposed judgment was not filed; Immediately file the proposed judgment using the event type Proposed Judgment located under the event list Proposed Orders. (km)
October 20, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Eleanor Lackman to RE-FILE Document #21 Proposed Judgment. The document that was filed is not the proposed judgment. Please file the proposed judgment to be signed by the Judge. (km)
October 18, 2020 Opinion or Order Filing 19 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 10/13/2020) (nb)
October 14, 2020 Opinion or Order Filing 18 ORDER granting #17 Letter Motion for Extension of Time to Answer. Defendant Seeking Alpha, Inc. may have until 10/27/2020 to move, answer, or otherwise respond to the Complaint. (HEREBY ORDERED by Magistrate Judge Debra Freeman)(Text Only Order) (Freeman, Debra)
October 13, 2020 Filing 17 LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from Eleanor M. Lackman dated October 13, 2020. Document filed by Seeking Alpha, Inc...(Lackman, Eleanor)
October 9, 2020 Opinion or Order Filing 16 SCHEDULING ORDER: Initial Conference set for 10/28/2020 at 12:00 PM before Magistrate Judge Debra C. Freeman. The parties are directed to call the following Toll-Free Number: 877-411-9748 and use Access Code: 9612281, and as further set forth in this order. (Signed by Magistrate Judge Debra C. Freeman on 10/9/2020) (jwh)
October 8, 2020 Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Seeking Alpha, Ltd. for Seeking Alpha, Inc.. Document filed by Seeking Alpha, Inc...(Lackman, Eleanor)
October 7, 2020 Opinion or Order Filing 14 ORDER granting #12 Motion. Granted. On or before October 21, 2020, Defendant shall file a letter with this Court detailing specific information regarding expected costs for the purposes of setting a bond amount. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (bh)
October 7, 2020 ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Eleanor Martine Lackman to RE-FILE Document #11 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi)
October 6, 2020 Filing 13 LETTER RESPONSE in Opposition to Motion addressed to Judge J. Paul Oetken from Richard M. Garbarini dated October 6, 2020 re: #12 MOTION Request for Plaintiff to Post Bond . . Document filed by Simon J. Burchett Photography, Inc...(Garbarini, Richard)
October 6, 2020 Filing 12 MOTION Request for Plaintiff to Post Bond . Document filed by Seeking Alpha, Inc...(Lackman, Eleanor)
October 6, 2020 Filing 11 FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Seeking Alpha, Inc...(Lackman, Eleanor) Modified on 10/7/2020 (ldi).
October 6, 2020 Filing 10 NOTICE OF APPEARANCE by Eleanor Martine Lackman on behalf of Seeking Alpha, Inc...(Lackman, Eleanor)
September 21, 2020 Filing 9 ELECTRONIC SUMMONS ISSUED as to Seeking Alpha, Inc...(dnh)
September 18, 2020 Opinion or Order Filing 8 ORDER OF REFERENCE TO 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). Referred to Magistrate Judge Debra C. Freeman. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/18/2020) (ks)
September 18, 2020 Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Seeking Alpha, Inc., re: #1 Complaint,. Document filed by Simon J. Burchett Photography, Inc...(Garbarini, Richard)
September 18, 2020 Filing 6 CIVIL COVER SHEET filed..(Garbarini, Richard)
September 18, 2020 Filing 5 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)
September 18, 2020 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)
September 18, 2020 Case Designated ECF. (pne)
September 18, 2020 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. (pne)
September 18, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard M Garbarini to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; the form used for the civil cover sheet is not the S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pne)
September 18, 2020 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard M Garbarini to RE-FILE Document No. #2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; incorrect District Court entered on the summons request PDF; remove the name 'Douglas C. Palmer' from 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 corrected summons form PDF. (pne)
September 17, 2020 Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Garbarini, Richard)
September 17, 2020 Filing 3 FILING ERROR - PDF ERROR -CIVIL COVER SHEET filed..(Garbarini, Richard) Modified on 9/18/2020 (pne).
September 17, 2020 Filing 2 FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Seeking Alpha, Inc., re: #1 Complaint,. Document filed by Simon J. Burchett Photography, Inc...(Garbarini, Richard) Modified on 9/18/2020 (pne).
September 17, 2020 Filing 1 COMPLAINT against Seeking Alpha, Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-21708382)Document filed by Simon J. Burchett Photography, Inc.. (Attachments: #1 Exhibit Registration and Assignment, #2 Exhibit Admission, #3 Exhibit Admission, #4 Exhibit Admission, #5 Exhibit Admission, #6 Exhibit Admission, #7 Exhibit Notice, #8 Exhibit Admission).(Garbarini, Richard)

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Plaintiff: Simon J. Burchett Photography, Inc.
Represented By: Richard M Garbarini
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Defendant: Seeking Alpha, Inc.
Represented By: Eleanor Martine Lackman
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