Martino vs The Orchard Enterprises Inc, et al
| Anthony Martino |
| Medianet, Inc., The Orchard Enterprises Inc. and Independent Online Distribution Alliance, Inc. |
| 1:2020cv09062 |
| October 29, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Gregory H Woods |
| Copyright |
| 17 U.S.C. § 501 |
| Both |
Docket Report
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Filing 60
ORDER: On December 10, 2020, the Court held a conference regarding Defendants' proposed motion to dismiss, or in the alternative to strike portions of, Plaintiff's Third Amended Complaint. However, during the conference, the parties stated that they had reached an agreement to permit Plaintiff to file an amended complaint. Therefore, Defendants' request for leave to file their motion is deemed withdrawn. Plaintiff is directed to file his Fourth Amended Complaint by January 11, 2021. Defendants are directed to answer or otherwise respond to the Fourth Amended Complaint within 30 days of the date on which Plaintiff serves it on Defendants. The initial pretrial conference scheduled for December 14, 2020 is adjourned to February 19, 2021 at 10:00 a.m. The joint letter and case management plan described in the Court's November 19, 2020 order, Dkt. No. 55, are due no later than February 12, 2021. ( Initial Conference set for 2/19/2021 at 10:00 AM before Judge Gregory H. Woods., Amended Pleadings due by 1/11/2021.) (Signed by Judge Gregory H. Woods on 12/10/2020) (mro)
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| Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 12/10/2020. (Court Reporter Andrew Walker) (wv) |
| Filing 59 NOTICE OF APPEARANCE by Daniel M O'Hara, Jr on behalf of Anthony Martino..(O'Hara, Daniel) |
| Filing 58 MEMO ENDORSEMENT on re: #57 Letter, filed by Independent Online Distribution Alliance, Inc., The Orchard Enterprises Inc., Medianet, Inc. ENDORSEMENT: Application granted. The Court will hold a pre-motion conference on December 10, 2020 at 4:00 p.m. The parties are directed to use the conference call dial-in information and access code noted in the Court's Emergency Rules in Light of COVID-19 available on the Court's website, and are specifically directed to comply with Emergency Rule 2(c). ( Telephone Conference set for 12/10/2020 at 04:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 12/3/2020) (mro) |
| Filing 57 LETTER addressed to Judge Gregory H. Woods from Cynthia S. Arato dated December 2, 2020 re: Plaintiffs Third Amended Complaint. Document filed by Independent Online Distribution Alliance, Inc., Medianet, Inc., The Orchard Enterprises Inc...(Arato, Cynthia) |
| Filing 56 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Anthony Martino consents to receive electronic service via the ECF system. Document filed by Anthony Martino.(sc) |
| Filing 55 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/14/2020 at 02:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 11/19/2020) (mro) |
| Magistrate Judge James L. Cott 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. (bcu) |
| NOTICE OF CASE REASSIGNMENT to Judge Gregory H. Woods. Judge Unassigned is no longer assigned to the case..(bcu) |
| Filing 53 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:20-cv-02267. Original file certified copy of transfer order and docket entries received. (sjo) |
| Case Designated ECF. (sjo) |
| Filing 52 TRANSFERRED to the Southern District of New York the electronic record (rp, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 51 ENTERED IN ERROR. (lk, ) Modified on 10/28/2020; Judgment entered in error. (lk, ). [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 50 MEMORANDUM Opinion and Order signed by the Honorable Virginia M. Kendall on 10/27/2020. The Court grants Defendants' motions to transfer venue (Dkts. #30 , #31 ) and directs the Clerk to transfer the case to the District Court for the Southern District of New York under 28 U.S.C. 1406(a) for all further proceedings forthwith. See Opinion for further details. Mailed notice(lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 49 STATUS Report Joint Status Report by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 48 RESPONSE by Plaintiff Anthony Martino (NON-OPPOSITION) TO DEFENDANT'S MOTION FOR AN EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S THIRD AMENDED COMPLAINT (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 47 CERTIFICATE of Service Plaintiff's Third Amended Complaint by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 46 MOTION by Defendants Independent Online Distribution Alliance Inc, Medianet, Inc, The Orchard Enterprises Inc. for extension of time to file Answer to Plaintiff's Third Amended Complaint (Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 45 THIRD AMENDED complaint by Anthony Martino against All Defendants (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 44 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Motion for leave to file Third Amended Complaint #42 is granted. Mailed notice (lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 43 CERTIFICATE of Service Plaintiff's Motion For Leave To File Third Amended Complaint by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 42 MOTION by Plaintiff Anthony Martino to amend/correct Leave To File Third Amended Complaint (Attachments: #1 Exhibit Plaintiff's Proposed Third Amended Complaint, #2 Exhibit SoundExchange Registration by Anthony Martino)(Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 41 REPLY by Independent Online Distribution Alliance Inc, Medianet, Inc, The Orchard Enterprises Inc. to memorandum in opposition to motion #37 , response in opposition to motion, #35 (Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 40 MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for extension of time to file Reply #39 to Motions to Dismiss #30 and #31 is granted. Reply due by 9/11/2020. Status hearing reset for 10/29/2020 at 9:15 AM and will proceed via Teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK.Mailed notice (lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 39 MOTION by Defendants Independent Online Distribution Alliance Inc, Medianet, Inc, The Orchard Enterprises Inc. for extension of time to file response/reply as to motion to dismiss/lack of jurisdiction #31 , motion to dismiss/lack of jurisdiction #30 (Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 38 CERTIFICATE of Service PLAINTIFF'S MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS THE ORCHARD ENTERPRISES, INC. AND INDEPENDENT ONLINE DISTRIBUTION ALLIANCE, INC.'S MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND IMPROPER VENUE, and Anthony Martino's Declaration by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 37 MEMORANDUM by Anthony Martino in Opposition to motion to dismiss/lack of jurisdiction #31 (Attachments: #1 Declaration Declaration of Anthony Martino)(Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 36 CERTIFICATE of Service Plaintiff's Response To MediaNet's Motion To Dismiss, Plaintiff's Declaration, and Frank Martino's Declaration by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 35 RESPONSE by Anthony Martinoin Opposition to MOTION by Defendant Medianet, Inc to dismiss for lack of jurisdiction #30 (Attachments: #1 Declaration Declaration of Anthony Martino, #2 Declaration Declaration of Frank Martino)(Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 34 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion to exceed page limits in Response to Defendants' Motions to Dismiss #33 is granted.Mailed notice (lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 33 MOTION by Plaintiff Anthony Martino for leave to file excess pages In Response To Defendants' Motions To Dismiss (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 32 MINUTE entry before the Honorable Virginia M. Kendall. Plaintiff's Unopposed Motion for extension of time to file Responses #29 to Motions to Dismiss #30 and #31 . Response due by 8/20/2020. Reply due by 8/27/2020. Status hearing reset for 10/8/2020 at 9:15 AM and will proceed via Teleconference. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. Mailed notice (lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 31 MOTION by Defendants Independent Online Distribution Alliance Inc, The Orchard Enterprises Inc. to dismiss for lack of jurisdiction (Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 30 MOTION by Defendant Medianet, Inc to dismiss for lack of jurisdiction (Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 29 MOTION by Plaintiff Anthony Martino for extension of time To Respond to Defendants Motions to Dismiss For Lack Of Personal Jurisdiction And Improper Venue Or, In The Alternative, To Transfer For Improper Venue And For Stay Of Discovery And Answer (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 28 Motions #26 and #27 are Memorandums in Support of Motion to Dismiss. The courtroom deputy has termed the motions and contacted the Attorney to file the Motion to Dismiss. Mailed notice (lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 27 MOTION by Defendant Medianet, Inc to dismiss , MOTION by Defendant Medianet, Inc to stay , MOTION by Defendant Medianet, Inc to transfer case (Attachments: #1 Declaration Declaration of S. Goldstein, #2 Exhibit Exhibit A to Declaration of S. Goldstein, #3 Exhibit Exhibit B to Declaration of S. Goldstein)(Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 26 MOTION by Defendant The Orchard Enterprises Inc. to dismiss , MOTION by Defendant The Orchard Enterprises Inc. to transfer case , MOTION by Defendant The Orchard Enterprises Inc. to stay (Attachments: #1 Declaration Declaration of C. Arato, #2 Exhibit Exhibit A to Declaration of C. Arato, #3 Exhibit Exhibit B to Declaration of C. Arato, #4 Declaration Declaration of T. McCrady)(Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
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Filing 25
ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk9, Docket) [Transferred from Illinois Northern on 10/29/2020.]
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| Filing 24 MINUTE entry before the Honorable Virginia M. Kendall. Defendants' Unopposed Motion for extension of time to answer or otherwise plead #21 is granted. Answer shall be due by 7/15/2020. Initial Status hearing reset for 7/29/2020 at 9:15 AM and will proceed via Teleconference. Joint Status Report due by 7/22/2020. Prior to the conference call, Please click on this hyper link: https://teleconference.uc.att.com/ecm/?bp=4044432170&mac=2413900 to take you to Judge Kendall's telephone conference login. From there, join conference As Guest, ENTER YOUR NAME, Type the digits in the picture, Click on the Call Me option and fill in your phone number (no hypens) and NAME. If you do not have access to a computer Dial: (877)848-7030, the access code is: 2413900#. Given the increased volume of users that is anticipated, we ask that you keep your phone on mute until your case is called. Please also remember to SAY YOUR NAME EACH AND EVERY TIME BEFORE YOU SPEAK. Attorneys Cynthia Arato and Lauren Capaccio's Motions to appear pro hac vice #22 and #23 are granted. Mailed notice (lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 23 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17180346. (Capaccio, Lauren) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 22 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0752-17180240. (Arato, Cynthia) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 21 MOTION by Defendant The Orchard Enterprises Inc. for extension of time to file answer (Thompson, James) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 20 ATTORNEY Appearance for Defendants Independent Online Distribution Alliance Inc, Medianet, Inc, The Orchard Enterprises Inc. by Stephen G Mrowiec (Mrowiec, Stephen) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 19 ATTORNEY Appearance for Defendants Independent Online Distribution Alliance Inc, Medianet, Inc, The Orchard Enterprises Inc. by James L. Thompson (Thompson, James) [Transferred from Illinois Northern on 10/29/2020.] |
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Filing 18
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket10, ) [Transferred from Illinois Northern on 10/29/2020.]
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| Filing 17 CERTIFICATE of Service (Plaintiff's First Set of Interrogatories and Request for Production of Documents to Defendant The Orchard Enterprises, Inc.) by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 16 CERTIFICATE of Service Plaintiff's (2ND Amended Complaint) by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 15 Second AMENDED complaint by Anthony Martino against All Defendants (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 14 CERTIFICATE of Service (Plaintiff's First Amended Complaint) by Anthony Martino (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 13 First AMENDED complaint by Anthony Martino against All Defendants (With Corrected Captions) (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 12 First AMENDED complaint by Anthony Martino against All Defendants (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 11 SUMMONS Returned Executed by Anthony Martino as to Medianet, Inc on 4/24/2020, answer due 5/15/2020. (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
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Filing 10
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket9, ) [Transferred from Illinois Northern on 10/29/2020.]
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| Filing 9 SUMMONS Returned Executed by Anthony Martino as to The Orchard Enterprises Inc. on 4/20/2020, answer due 5/11/2020. (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 8 SUMMONS Returned Executed by Anthony Martino as to Independent Online Distribution Alliance Inc on 4/20/2020, answer due 5/11/2020. (Martino, Anthony) [Transferred from Illinois Northern on 10/29/2020.] |
| SUMMONS Issued as to Defendants Independent Online Distribution Alliance Inc, Medianet, Inc, The Orchard Enterprises Inc. (ng, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 7 COMPLAINT filed by Anthony Martino; Jury Demand. Filing fee $ 400, receipt number 46243004861 (lw, ) Modified on 4/23/2020 (jp, ). [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 6 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (nsf, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 5 MINUTE entry before the Honorable Virginia M. Kendall. Initial status hearing set for 7/16/2020 at 9:00 a.m. Joint Status Report due by 7/13/2020. The parties are directed to Judge Kendall's web page found at www.ilnd.uscourts.gov for information about the Initial Status Report and for information regarding all standing orders for cases on Judge Kendall's docket. The parties shall follow all of the standing orders for Judge Kendall and all Local Rules which can be found at the same web page. For the Initial Status Report, the parties are to report on the following: (1) Possibility of settlement in the case; (2) if no possibility of settlement exists, the nature and length of discovery necessary (with specific dates) to get the case ready for trial; 3) whether the parties jointly consent to proceed before the Magistrate Judge. At the Initial Status Hearing, the Parties shall be prepared to inform the Court about the extent of monetary damages in order for the Court to address the proportionality of discovery as required by Fed. R. Civ. P. 26. Lead counsel is directed to appear at this status hearing. Mailed notice (lk, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 3 PRO SE Appearance by Plaintiff Anthony Martino. (nsf, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 2 CIVIL Cover Sheet. (nsf, ) [Transferred from Illinois Northern on 10/29/2020.] |
| Filing 1 RECEIVED Complaint and 0 copies by Anthony Martino.(Exhibits)(nsf, ) [Transferred from Illinois Northern on 10/29/2020.] |
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