Prolo v. Blackmon et al
| Philip Prolo |
| Medium Rare Live, LLC, Empire Distribution, Inc., Medium Rare, LLC, Carnagefestival, LLC, Diamant Blackmon, Tixr, Inc., Does 1 through 10, inclusive, Diamante Blackmon, Does 1 Through 10 and Carnagefestival, LLC a California Limited Liability Company, individually doing business as Heavyweight Records |
| 1:2021cv00611 |
| January 22, 2021 |
| US District Court for the Southern District of New York |
| Naomi Reice Buchwald |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on June 23, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Received e-mail from the United States District Court - Central District of California acknowledging receipt of transferred case. Assigned Case Number: 2:21-cv-05118, filed on 06/23/2021. (sjo) |
Filing 38
JOINT STIPULATION TO TRANSFER THE ACTION TO THE CENTRAL DISTRICT OF CALIFORNIA: SO OWING, THE PARTIES HEREBY STIPULATE AND AGREE THAT: The Court should transfer this action from the U.S. District Court for the Southern District of New York to the U.S. District Court from the Central District of California pursuant to 28 U.S.C. 1404, with the Defendants who have not answered or otherwise responded, to file answers or responsive pleadings 30 days after the transfer is effectuated. SO STIPULATED. SO ORDERED. THE CLERK IS DIRECTED TO TRANSFER THIS ACTION IN ITS ENTIRETY TO THE CENTRAL DISTRICT OF CALIFORNIA. (Signed by Judge Naomi Reice Buchwald on 6/23/2021) (mml)
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| Filing 37 PROPOSED STIPULATION AND ORDER. Document filed by Philip Prolo..(Burroughs, Scott) |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Central District of California. (mml) |
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Filing 36
MEMO ENDORSEMENT on re: #35 Letter filed by Philip Prolo. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 6/3/2021) (rro)
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| Filing 35 LETTER addressed to Judge Naomi Reice Buchwald from Scott Alan Burroughs, Esq. dated June 2, 2021 re: Transfer of Action to Central District of California. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 34 LETTER addressed to Judge Naomi Reice Buchwald from David M. Given dated May 28, 2021 re: ECF No. 30. Document filed by Empire Distribution, Inc...(Given, David) |
| Minute Entry for proceedings held before Judge Naomi Reice Buchwald: Initial Pretrial Conference held on 5/17/2021. (ade) |
| Filing 33 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Philip Prolo..(Zaharia, Laura) |
| The dial-in for today's 12:00 p.m. initial pretrial conference will be (888) 363-4749, access code 2712517. |
| Filing 32 NOTICE of of Lodging of Exhibits 1 and 2 re: #31 Response in Opposition to Motion,. Document filed by Philip Prolo. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Burroughs, Scott) |
| Filing 31 LETTER RESPONSE in Opposition to Motion addressed to Judge Naomi Reice Buchwald from Scott Alan Burroughs dated 5/14/2021 re: #30 LETTER MOTION for Conference REGARDING ANTICIPATED MOTION TO DISMISS UNDER FED. R. CIV. P. 12(B)(2) FOR LACK OF PERSONAL JURISDICTION addressed to Judge Naomi Reice Buchwald from David M. Given dated May 11, 2021. . Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 30 LETTER MOTION for Conference REGARDING ANTICIPATED MOTION TO DISMISS UNDER FED. R. CIV. P. 12(B)(2) FOR LACK OF PERSONAL JURISDICTION addressed to Judge Naomi Reice Buchwald from David M. Given dated May 11, 2021. Document filed by Empire Distribution, Inc...(Given, David) |
| Filing 29 NOTICE OF APPEARANCE by David Milton Given on behalf of Empire Distribution, Inc...(Given, David) |
| Filing 28 NOTICE OF APPEARANCE by Brian Samuel Clayton Conlon on behalf of Empire Distribution, Inc...(Conlon, Brian Samuel) |
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Filing 27
NOTICE OF INITIAL PRETRIAL TELECONFERENCE: This action has been assigned to me for all purposes. Counsel are directed to appear telephonically for an initial teleconference with the Court, on the date and time listed below. The dial-in and passcode information will be posted to ECF on the date of the teleconference, and as further set forth in this Order. If any defendant has not appeared by counsel, plaintiff's counsel must forthwith send a copy of this notice to any unrepresented party. Date and time of teleconference: Monday, May 17 at 12:00 p.m. Attorneys are directed to consult this Court's Individual Practices with respect to communications with Chambers, adjournments, motions and related matters. IT IS SO ORDERED. (Initial Conference set for 5/17/2021 at 12:00 PM before Judge Naomi Reice Buchwald.) (Signed by Judge Naomi Reice Buchwald on 5/7/2021) (rjm)
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| Filing 26 NOTICE OF APPEARANCE by Louis Arnold Russo on behalf of Medium Rare Live, LLC..(Russo, Louis) |
| Filing 25 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Medium Rare Live, LLC..(Russo, Louis) |
| Filing 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Medium Rare Live, LLC..(Russo, Louis) |
| Filing 23 CLERK'S CERTIFICATE OF DEFAULT as to Tixr, Inc., issued April 26, 2021.(dt) |
| Filing 22 DECLARATION of Alan Burroughs in Support re: #20 MOTION for Entry of Default as to Tixr, Inc. .. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 21 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Philip Prolo..(Burroughs, Scott) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 20 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Entry of Default as to Tixr, Inc. . Document filed by Philip Prolo..(Burroughs, Scott) Modified on 4/26/2021 (dt). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Scott Burroughs to RE-FILE Document #20 MOTION for Entry of Default as to Tixr, Inc. . ERROR(S): Request for Clerk's Certificate of Default gets attached to the back of the Declaration. (dt) |
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Filing 19
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff Philip Prolo and Defendants Medium Rare, LLC and Medium Rare Live, LLC ("Defendants"), that Defendants' time to respond to the Complaint in this action shall be briefly extended from April 13, 2021 up to and including April 30, 2021. Counsel for Defendants requires this additional time to complete its investigation of Plaintiff's claims and respond to same. Defendants have not previously made a request for such an extension to any deadline in this case. SO ORDERED. Medium Rare Live, LLC answer due 4/30/2021; Medium Rare, LLC answer due 4/30/2021. (Signed by Judge Naomi Reice Buchwald on 4/7/2021) (jca)
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| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Medium Rare Live, LLC, Medium Rare, LLC..(Russo, Louis) |
| Filing 17 NOTICE OF APPEARANCE by Louis Arnold Russo on behalf of Medium Rare Live, LLC, Medium Rare, LLC..(Russo, Louis) |
| Filing 16 ANSWER to #1 Complaint, with JURY DEMAND. Document filed by Diamante Blackmon, Carnagefestival, LLC..(Matz, Sarah) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Carnagefestival, LLC..(Matz, Sarah) |
| Filing 14 CERTIFICATE OF SERVICE of Summons and Complaint,. Tixr, Inc. served on 3/16/2021, answer due 4/6/2021. Service was accepted by Corporation Service Company c/o Lynanne Gares - Registered Agent for Service of Process. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 13 CERTIFICATE OF SERVICE of Summons and Complaint,. Medium Rare, LLC served on 3/12/2021, answer due 4/2/2021. Service was accepted by The Corporation Trust Company c/o Robin Banks Registered Agent for Service of Process. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 12 CERTIFICATE OF SERVICE of Summons and Complaint,. Medium Rare Live, LLC served on 3/15/2021, answer due 4/5/2021. Service was accepted by Harvard Business Services, Inc. c/o Allison Roathmanner Registered Agent for Service of Process. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 11 NOTICE OF APPEARANCE by Gary Philip Adelman on behalf of Diamante Blackmon, Carnagefestival, LLC..(Adelman, Gary) |
| Filing 10 NOTICE OF APPEARANCE by Sarah Michal Matz on behalf of Diamante Blackmon, Carnagefestival, LLC..(Matz, Sarah) |
| Filing 9 WAIVER OF SERVICE RETURNED EXECUTED. Diamante Blackmon waiver sent on 1/25/2021, answer due 3/26/2021. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Carnagefestival, LLC waiver sent on 1/25/2021, answer due 3/26/2021. Document filed by Philip Prolo..(Burroughs, Scott) |
| 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. (sj) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Diamante Blackmon, Carnagefestival, LLC, Does 1 Through 10, Empire Distribution, Inc., Medium Rare Live, LLC, Medium Rare, LLC, Tixr, Inc.. (sj) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Alan Burroughs. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Alan Burroughs. The party information for the following party/parties has been modified: All Parties. 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. (sj) |
| 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. (sj) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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..(sj) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Scott Alan Burroughs 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. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (sj) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to DIAMANT BLACKMON, an individual p/k/aDJ CARNAGE", CARNAGEFESTIVAL, LLC, a California Limited Liability Company, individually and doing business as "HEAVYWEIGHT RECORDS"; EMPIRE DISTRIBUTION, INC., a California Corporation; MEDIUM RARE, LLC, a Delaware Limited Liability Company; MEDIUM RARE LIVE, LLC, a Delaware Limited Liability Company; TIXR, INC., a Delaware Corporation; and DOES 1 through 10, inclusive,, re: #1 Complaint,. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Burroughs, Scott) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Philip Prolo..(Burroughs, Scott) |
| Filing 2 CIVIL COVER SHEET filed..(Burroughs, Scott) |
| Filing 1 COMPLAINT against Diamant Blackmon, Carnagefestival, LLC, Does 1 through 10, inclusive, Empire Distribution, Inc., Medium Rare Live, LLC, Medium Rare, LLC, Tixr, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-23649995)Document filed by Philip Prolo..(Burroughs, Scott) |
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