Business Casual Holdings, LLC v. TV-Novosti
Plaintiff: Business Casual Holdings, LLC
Defendant: TV-Novosti
Case Number: 1:2021cv02007
Filed: March 8, 2021
Court: US District Court for the Southern District of New York
Presiding Judge: John G Koeltl
Referring Judge: Robert W Lehrburger
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. § 101 Copyright Infringement
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on June 29, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2023 Opinion or Order Filing 81 ORDER: The defendant's submitted "Review" of the Report and Recommendation is stricken because the defendant was without authority to submit that "Review" without counsel to file it. This action is stayed until May 15, 2023. If the defendant does not appear by counsel by that time, the Court will proceed to review the Report and Recommendation and determine whether it should be adopted. SO ORDERED. (Signed by Judge John G. Koeltl on 3/15/2023) (ks)
March 13, 2023 Opinion or Order Filing 84 LETTER from Alexey L. Nikolov, CEO of ANO-TV-Novosti, dated February 2023 re: "REVIEW ON THE REPORT & RECOMMENDATION TO HON JOHN G. KOELTL: DAMAGES INQUEST" - Defendant ANO TV-Novosti submits that the Review on the Report & Recommendation is wrongful on the following grounds: This lawsuit appears to have been filed to try to have YouTube terminate all of TV-Novosti's YouTube channels even though allegedly infringing, content appearing only on RT Arabic's YouTube channel etc. Document filed by TV-Novosti.(sc)
March 13, 2023 Opinion or Order Filing 83 DEFENDANT TV-NOVOSTI'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR THE APPOINTMENT OF COUNSEL, re: #82 APPLICATION for the Court to Request Counsel. Document filed by TV-Novosti. (sc)
March 13, 2023 Opinion or Order Filing 82 DEFENDANT TV-NOVOSTI'S NOTICE OF MOTION FOR APPOINTMENT OF COUNSEL(APPLICATION for the Court to Request Counsel). Document filed by TV-Novosti.(sc)
February 8, 2023 Opinion or Order Filing 80 REPORT AND RECOMMENDATION TO HON. JOHN G. KOELTL: DAMAGES INQUEST: For the foregoing reasons, I recommend that the Court enter judgment in favor of Plaintiff against Defendant awarding Plaintiff: (1) $75,000 in statutory damages pursuant to the DMCA; (2) attorney's fees in the amount of $134,785.64; (3) pre-judgment and post-judgment interest at the federal rate for post-judgment interest; and (4) the opportunity to take third-party damages discovery and to seek leave to amend the judgment based on competent proof of actual damages for copyright infringement within six months of entry of judgment. Respectfully submitted. Copies transmitted this date to all counsel of record. Objections to R&R due by 2/22/2023 (Signed by Magistrate Judge Robert W. Lehrburger on 2/8/2023) Copies Sent By Chambers. (vfr)
November 15, 2022 Opinion or Order Filing 79 AFFIDAVIT OF SERVICE of Proposed Findings of Fact and Conclusions of Law; Supporting Affirmation served on TV-Novosti on November 15, 2022. Service was made by Email. Document filed by Business Casual Holdings, LLC., CERTIFICATE OF SERVICE of Proposed Findings of Fact and Conclusions of Law; Supporting Affirmation served on TV-Novosti on November 15, 2022. Service was made by Email. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
November 15, 2022 Opinion or Order Filing 78 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by Business Casual Holdings, LLC. (Attachments: #1 Affidavit (Affirmation) in Support of Award of Attorneys' Fees).(Coleman, Ronald)
November 11, 2022 Opinion or Order Filing 77 ORDER: granting #76 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/11/2022) (ama)
November 10, 2022 Opinion or Order Filing 76 SECOND LETTER MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law addressed to Magistrate Judge Robert W. Lehrburger from Ronald D. Coleman dated November 10, 2022. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
November 7, 2022 Opinion or Order Filing 75 ORDER granting #74 Letter Motion for Extension of Time. Extension granted. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/7/2022) (mml)
November 7, 2022 Opinion or Order Filing 74 LETTER MOTION for Extension of Time to File Proposed Findings of Fact and Concusions of Law addressed to Magistrate Judge Robert W. Lehrburger from Ronald D. Coleman dated November 7, 2022. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
October 14, 2022 Opinion or Order Filing 73 CERTIFICATE OF SERVICE of Default Judgment; Order of Reference to Magistrate Judge; Order Concerning Inquest served on TV-Novosti served on TV-Novosti on 10/14/2022. Service was made by Last known email of Defendant. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
October 14, 2022 Opinion or Order Filing 72 CERTIFICATE OF SERVICE of Default Judgment; Order of Reference to Magistrate Judge; Order Concerning Inquest served on TV-Novosti on 10/14/2022. Service was made by Email. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
October 11, 2022 Opinion or Order Filing 71 ORDER: By Order dated October 7, 2022, the Hon. John G. Koetl, U.S.D.J., ordered that Plaintiff is entitled to default judgment against Defendant TV-Novosti and referred this matter to me to conduct an inquest of Plaintiff's damages. (Dkts. 69-70.) Accordingly: 1. Required Submission: Plaintiff shall file Proposed Findings of Fact and Conclusions of Law concerning all damages and any other monetary relief permitted under the entry of default judgment no later than November 8, 2022. The submission shall contain a concluding paragraph that succinctly summarizes what damage amount (or other monetary relief) is being sought, including the exact dollar amount. Plaintiff may rely on and refer to earlier filings on the docket (such as those submitted in support of the motion for default judgment), provided those filings contain the requisite information as set forth herein and that Plaintiff identifies those filings, as further set forth herein. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/11/2022) (mml)
October 10, 2022 Opinion or Order Filing 70 AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Inquest After Default/Damages Hearing. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge John G. Koeltl on 10/10/2022) (va)
October 7, 2022 Opinion or Order Filing 69 ORDER re: #64 Order to Show Cause. The defendant, TV-Novosti, has failed to respond to the Order to Show Cause for a Default Judgment, ECF No. 64, despite two extensions of time to respond. Accordingly, the plaintiff, Business Casual, Inc., is entitled to a default judgment against the defendant. The case is referred to the Magistrate Judge for an inquest to determine the appropriate damages to be awarded, as well as any other provisions of an appropriate judgment. SO ORDERED. (Signed by Judge John G. Koeltl on 10/7/2022) (kv)
July 21, 2022 Opinion or Order Filing 68 CERTIFICATE OF SERVICE of Order served on TV-NOVOSTI on July 21, 2022. Service was made by Email. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
July 21, 2022 Opinion or Order Filing 67 ORDER: Accordingly, the time to respond to the Order to Show Cause is extended to August 8, 2022. The plaintiff should serve this Order on the defendant and file proof of service by July 25, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 7/20/2022) ( Show Cause Response due by 8/8/2022.) (ks)
July 19, 2022 Opinion or Order Filing 66 CERTIFICATE OF SERVICE of Order to Show Cause served on TV-Novosti on Jul 19, 2022. Service was made by Email. Document filed by Business Casual Holdings, LLC. (Attachments: #1 Exhibit Order to Show Cause, #2 Exhibit Transmission email).(Coleman, Ronald)
July 19, 2022 Opinion or Order Filing 65 ORDER re: #64 Order to Show Cause. On June 21, 2022, the Court entered an Order to Show Cause why a Default Judgment should not be entered against the defendant, and directed the plaintiff to serve the Order to Show Cause on the defendant. ECF No. 64. The plaintiff should file proof of service of the Order to Show Cause on the defendant by July 25, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 7/18/2022) (kv)
June 21, 2022 Opinion or Order Filing 64 ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: It is ORDERED that the above named defendant TV-NOVOSTI show cause in writing before this Court, by July 8, 2022 at why an Order should not be issued pursuant to Rules 54(b) and 55(b) of the Federal Rules of Civil Procedure in favor of Plaintiff Business Casual Holdings, LLC for the following relief: 1. Pursuant to FRCP 55(b)(2), directing that a default judgment as to liability for copyright infringement as a result of defendant's repeated and willful copyright infringer be entered against Defendant TV Novosti; and 2. That damages should be awarded to plaintiff in an amount to be determined by an inquest with interest calculated pursuant to 28 U.S. 1961 running from March 31, 2020, plus costs and disbursements of this action to be determined by the Court upon consideration of the submissions of counsel following the inquest; As further set forth in this Order. Reply papers may be served by July 15, 2022 No personal appearance is required. If defendant fails to respond to this Order to Show Cause, Judgement may be entered against it, on which event the defendant will have no trial. SO ORDERED. (Signed by Judge John G. Koeltl on 6/20/2022) (ks)
June 16, 2022 Opinion or Order Filing 63 AFFIRMATION of Ronald D. Coleman in Support re: #62 Proposed Default Judgment, #60 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
June 16, 2022 Opinion or Order Filing 62 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Business Casual Holdings, LLC..(Coleman, Ronald) Proposed Default Judgment to be reviewed by Clerk's Office staff.
June 16, 2022 Opinion or Order Filing 61 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Ronald D. Coleman in Support re: #60 Proposed Order to Show Cause Without Emergency Relief,. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald) Modified on 6/16/2022 (km).
June 16, 2022 Opinion or Order Filing 60 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Business Casual Holdings, LLC. Related Document Number: #58 ..(Coleman, Ronald) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
June 16, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #60 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (km)
June 16, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ronald Coleman to RE-FILE Document #61 Affidavit in Support. Use the event type Other Answers, Affirmation in support of a non-motion. (km)
June 16, 2022 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #62 Proposed Default Judgment was reviewed and approved as to form. (km)
June 15, 2022 Opinion or Order ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Ronald Coleman to RE-FILE Document #59 Proposed Default Judgment. The documents are not filed correctly. Please refer to ECF Rule 16.3. The documents need to be filed separately. File the Order to Show Cause using the event type Proposed Orders, Proposed Order to Show Cause without emergency relief. The affirmation is filed under Other Answers, Affirmation in support (non-motion). A Statement of Damages is filed under Other Filings, Other Documents, Statement of Damages. A Proposed Default Judgment is filed under Proposed Orders, Proposed Default Judgment. (km)
June 14, 2022 Opinion or Order Filing 59 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Business Casual Holdings, LLC. (Attachments: #1 Affidavit in Support of Order to Show Cause for Default Judgment).(Coleman, Ronald) Proposed Default Judgment to be reviewed by Clerk's Office staff. Modified on 6/15/2022 (km).
June 9, 2022 Opinion or Order Filing 58 CLERK'S CERTIFICATE OF DEFAULT as to TV-Novosti.(km)
June 9, 2022 Opinion or Order Filing 57 DECLARATION of Ronald D. Coleman re: Set/Reset Deadlines, #54 Order on Motion for Leave to File Document,, #56 Proposed Clerk's Certificate of Default, #52 Amended Complaint,,,,, . Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
June 9, 2022 Opinion or Order Filing 56 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/9/2022 (km).
June 1, 2022 Opinion or Order Filing 55 CERTIFICATE OF SERVICE of Order Granting Letter Motion for Leave to File Document served on TV-Novosti on June 1, 2022. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
May 31, 2022 Opinion or Order Filing 54 ORDER granting #53 Letter Motion for Leave to File Document. If the defendant does not appear by new counsel and respond to the Third Amended Complaint by June 6, 2022, the plaintiff may seek a certificate of default from its Clerk and move by Order to Show Cause for a default judgment in accordance with this Court's rules. The plaintiff should provide a copy of this Order to the defendant's prior counsel and any address for the defendant and note service on the docket to the Court by June 2, 2022. So ordered. (Signed by Judge John G. Koeltl on 5/31/2022) (va)
May 31, 2022 Opinion or Order Set/Reset Deadlines: TV-Novosti answer due 6/6/2022. (va)
May 31, 2022 Opinion or Order Filing 53 LETTER MOTION for Leave to File Proposed certificate of default or for other appropriate relief addressed to Judge John G. Koeltl from Ronald D. Coleman dated May 31, 2022. Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
May 20, 2022 Opinion or Order Filing 52 THIRD AMENDED COMPLAINT amending #27 Amended Complaint, #7 Amended Complaint, #2 Complaint against TV-Novosti with JURY DEMAND.Document filed by Business Casual Holdings, LLC. Related document: #27 Amended Complaint, #7 Amended Complaint, #2 Complaint. (Attachments: #1 Exhibit A - Cease & desist demands, #2 Exhibit B - Estimated revenues of RT's YouTube channels, #3 Exhibit C - List of RT YouTube channels, #4 Exhibit D - Viewer comments re originality of BC videos, #5 Exhibit E - Visual depiction of BC video process, #6 Exhibit F - Copyright registration PA0002280262, #7 Exhibit G - Copyright registration PA0002280264, #8 Exhibit H - Infringement comparison table, #9 Exhibit I - Cease and desist demand Feb 21 2021, #10 Exhibit J - Cease and desist demand Mar 2 2021, #11 Exhibit K - Email from YouTube Moscow to BC Mar 18 2021, #12 Exhibit L - Screen shot from infringing RT video with English language caption, #13 Exhibit M - USDOJ NSD statement regarding RTTV America Registration under FARA, #14 Errata N - Screen shots of representative US advertisers on RT, #15 Exhibit O - Screen shots of infringing images compared to original work showing altered watermark, #16 Exhibit P - Infringement comparison table (narration), #17 Exhibit Q - Excerpts from BC videos rebutting "praise of subjects" claim, #18 Exhibit R - YouTube viewership analytics for infringed works).(Coleman, Ronald)
May 16, 2022 Opinion or Order Filing 51 MEMO ENDORSEMENT on re: #50 Letter filed by Business Casual Holdings, LLC. ENDORSEMENT: The Third Amended Complaint should be filed by 5/20/2022. SO ORDERED. (Amended Pleadings due by 5/20/2022.) (Signed by Judge John G. Koeltl on 5/16/2022) (kv)
May 16, 2022 Opinion or Order Filing 50 LETTER addressed to Judge John G. Koeltl from Ronald D. Coleman dated May 16, 2022 re: Filing of Third Amendment Complaint (Deadline). Document filed by Business Casual Holdings, LLC..(Coleman, Ronald)
May 16, 2022 Opinion or Order Filing 49 NOTICE OF APPEARANCE by Ronald David Coleman on behalf of Business Casual Holdings, LLC..(Coleman, Ronald)
April 8, 2022 Opinion or Order Filing 48 MEMO ENDORSEMENT granting #47 Motion to Withdraw as Attorney. Attorney Anderson Josiah Duff terminated; granting #47 Letter Motion to Stay re: #47 MOTION for Anderson J. Duff, Antigone Peyton to Withdraw as Attorney of record for Business Casual Holdings, LLC.FIRST MOTION to Stay . ENDORSEMENT: Application granted. New Counsel should file a notice of appearance. The case remains stayed until May 16, 2022. SO ORDERED.. (Signed by Judge John G. Koeltl on 4/8/2022) (kv)
April 7, 2022 Opinion or Order Filing 47 MOTION for Anderson J. Duff, Antigone Peyton to Withdraw as Attorney of record for Business Casual Holdings, LLC., FIRST MOTION to Stay . Document filed by Business Casual Holdings, LLC. (Attachments: #1 Declaration of Anderson J. Duff, #2 Declaration of Antigone Peyton).(Duff, Anderson)
March 15, 2022 Opinion or Order Filing 46 MEMO ENDORSEMENT on MOTION FOR WITHDRAWAL AS COUNSEL OF RECORD granting #42 Motion to Withdraw as Attorney. ENDORSEMENT: The motion to withdraw as counsel is granted. This case is stayed until May 16, 2022 to allow the defendant to obtain new counsel. SO ORDERED.. (Signed by Judge John G. Koeltl on 3/15/2022) Attorney Laina C. Lopez and Marc P. Misthal terminated (ks)
March 15, 2022 Opinion or Order Filing 45 ORDER granting #43 Letter Motion to Adjourn Conference. Oral argument is canceled. The motion has been decided without oral argument which was unnecessary. So Ordered.. (Signed by Judge John G. Koeltl on 3/15/2022) (ks)
March 15, 2022 Opinion or Order ***DELETED DOCUMENT. Deleted document number #45 MEMORANDUM OPINION AND ORDER. The document was incorrectly filed in this case. (ks)
March 15, 2022 Opinion or Order Case Stayed (ks)
March 14, 2022 Opinion or Order Filing 44 MEMORANDUM OPINION AND ORDER re: #29 FIRST MOTION to Dismiss Second Amended Complaint filed by TV-Novosti. The Court has considered all of the arguments of the parties. To the extent not addressed above, the arguments are either moot or without merit. For the foregoing reasons, the defendant's motion to dismiss the copyright infringement claims is denied. The motion to dismiss the DMCA claims is granted without prejudice to the assertion of an amended claim in an amended complaint. The Clerk is directed to close Docket No. 29. SO ORDERED. (Signed by Judge John G. Koeltl on 3/14/2022) (mml)
March 10, 2022 Opinion or Order Filing 43 LETTER MOTION to Adjourn Conference /Oral Argument Scheduled for March 18, 2022 addressed to Judge John G. Koeltl from Marc P. Misthal dated 3/10/2022. Document filed by TV-Novosti..(Misthal, Marc)
March 10, 2022 Opinion or Order Filing 42 MOTION for Marc P. Misthal, Shane Wax and Laina C. Lopez to Withdraw as Attorney . Document filed by TV-Novosti. (Attachments: #1 Declaration of Marc P. Misthal, #2 Declaration of Laina C. Lopez).(Misthal, Marc)
March 1, 2022 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Oral Argument set for 3/18/2022 at 10:00 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
October 12, 2021 Opinion or Order Filing 41 DECLARATION of Marc P. Misthal in Support re: #29 FIRST MOTION to Dismiss Second Amended Complaint.. Document filed by TV-Novosti..(Misthal, Marc)
October 12, 2021 Opinion or Order Filing 40 REPLY MEMORANDUM OF LAW in Support re: #29 FIRST MOTION to Dismiss Second Amended Complaint. . Document filed by TV-Novosti..(Misthal, Marc)
October 7, 2021 Opinion or Order Filing 39 ORDER FOR ADMISSION PRO HAC VICE granting #35 Motion for Antigone Gabriella Peyton to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 10/7/2021) (ks)
September 30, 2021 Opinion or Order Filing 38 ORDER granting #37 Letter Motion for Extension of Time to File Response/Reply re #37 LETTER MOTION for Extension of Time to File Response/Reply as to #31 Declaration in Support of Motion, #30 Memorandum of Law in Support of Motion, #36 Memorandum of Law in Opposition to Motion, #29 FIRST MOTION to Dismiss Second Amende LETTER MOTION for Leave to File Plaintiff's videos on CDs + USB Flash Drives in connection with motion to dismiss addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated September 29, 2021. LETTER MOTION for Leave to File Plaintiff's videos on CDs + USB Flash Drives in connection with motion to dismiss addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated September 29, 2021. LETTER MOTION for Leave to File Plaintiff's videos on CDs + USB Flash Drives in connection with motion to dismiss addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated September 29, 2021. ; granting #37 Letter Motion for Leave to File Document. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 9/29/2021) ( Replies due by 10/12/2021.) (ks)
September 29, 2021 Opinion or Order Filing 37 LETTER MOTION for Extension of Time to File Response/Reply as to #31 Declaration in Support of Motion, #30 Memorandum of Law in Support of Motion, #36 Memorandum of Law in Opposition to Motion, #29 FIRST MOTION to Dismiss Second Amended Complaint., #34 Order on Motion for Extension of Time to File Response/Reply,, on consent addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated September 29, 2021., LETTER MOTION for Leave to File Plaintiff's videos on CDs + USB Flash Drives in connection with motion to dismiss addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated September 29, 2021. Document filed by TV-Novosti..(Misthal, Marc)
September 24, 2021 Opinion or Order Filing 36 MEMORANDUM OF LAW in Opposition re: #29 FIRST MOTION to Dismiss Second Amended Complaint. . Document filed by Business Casual Holdings, LLC..(Duff, Anderson)
September 20, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #35 MOTION for Antigone Gabriella Peyton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25076989. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
September 17, 2021 Opinion or Order Filing 35 MOTION for Antigone Gabriella Peyton to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25076989. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Business Casual Holdings, LLC. (Attachments: #1 Text of Proposed Order, #2 Affidavit, #3 Exhibit A - Certificate of Good Standing VA, #4 Exhibit B - Certificate of Good Standing DC).(Peyton, Antigone)
September 6, 2021 Opinion or Order Filing 34 ORDER GRANTING PLAINTIFF'S REQUEST FOR EXTENSION OF BRIEFING DEADLINES: granting #33 Letter Motion for Extension of Time to File Response/Reply re #33 LETTER MOTION for Extension of Time to File Response/Reply as to #29 FIRST MOTION to Dismiss Second Amended Complaint. addressed to Judge John G. Koeltl from Anderson J. Duff dated 09/05/2021. IT IS HEREBY ORDERED AS FOLLOWS: Plaintiff's memorandum opposing Defendant's motion to dismiss is due September 24, 2021 and Defendants' reply is due October 5, 2021. SO ORDERED., Responses due by 9/24/2021 Replies due by 10/5/2021. (Signed by Judge John G. Koeltl on 9/6/2021) (rj)
September 5, 2021 Opinion or Order Filing 33 LETTER MOTION for Extension of Time to File Response/Reply as to #29 FIRST MOTION to Dismiss Second Amended Complaint. addressed to Judge John G. Koeltl from Anderson J. Duff dated 09/05/2021. Document filed by Business Casual Holdings, LLC. (Attachments: #1 Text of Proposed Order).(Duff, Anderson)
August 23, 2021 Opinion or Order Filing 32 ORDER granting #28 Letter Motion for Leave to File Document. Application granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/23/2021) (tg)
August 20, 2021 Opinion or Order Filing 31 DECLARATION of Shane Wax, Esq. in Support re: #29 FIRST MOTION to Dismiss Second Amended Complaint.. Document filed by TV-Novosti..(Wax, Shane)
August 20, 2021 Opinion or Order Filing 30 MEMORANDUM OF LAW in Support re: #29 FIRST MOTION to Dismiss Second Amended Complaint. . Document filed by TV-Novosti..(Wax, Shane)
August 20, 2021 Opinion or Order Filing 29 FIRST MOTION to Dismiss Second Amended Complaint. Document filed by TV-Novosti. Responses due by 9/10/2021.(Wax, Shane)
August 20, 2021 Opinion or Order Filing 28 LETTER MOTION for Leave to File Oversized Video Files on hard disc with courtesy copies addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated August 20, 2021. Document filed by TV-Novosti..(Wax, Shane)
July 30, 2021 Opinion or Order Filing 27 SECOND AMENDED COMPLAINT amending #1 Complaint, #7 Amended Complaint, #2 Complaint against TV-Novosti with JURY DEMAND.Document filed by Business Casual Holdings, LLC. Related document: #1 Complaint, #7 Amended Complaint, #2 Complaint. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I).(Duff, Anderson)
July 29, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Robert W. Lehrburger: Pre-settlement Telephone Conference held on 7/29/2021 at 10:30 a.m. (rsh)
July 23, 2021 Opinion or Order Filing 26 NOTICE of Hearing: Settlement Conference set for 8/20/2021 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than August 13, 2021, by 5:00 p.m.(rsh)
July 21, 2021 Opinion or Order Filing 25 NOTICE of Hearing: Pre-Settlement Telephone Conference set for 7/29/2021 at 10:30 AM before Magistrate Judge Robert W. Lehrburger. Parties shall call the teleconference number at (888)-398-2342,and enter access code 9543348. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. (rsh)
July 15, 2021 Opinion or Order Filing 24 ORDER: The plaintiff may file an amended complaint by July 30, 2021. The defendant may move or answer by August 20, 2021. If the defendant moves, the plaintiff will respond by September 10, 2021 and the defendant will reply by September 21, 2021. The conference scheduled for August 9, 2021 is canceled. SO ORDERED. (Amended Pleadings due by 7/30/2021. Motions due by 8/20/2021. Responses due by 9/10/2021. Replies due by 9/21/2021.) (Signed by Judge John G. Koeltl on 7/14/2021) (mml)
July 15, 2021 Opinion or Order Filing 23 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 Robert W. Lehrburger. (Signed by Judge John G. Koeltl on 7/14/2021) (mml)
July 14, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference held on 7/14/2021. (Fletcher, Donnie)
July 14, 2021 Opinion or Order Filing 22 ORDER FOR ADMISSION PRO HAC VICE: granting #20 Motion for Laina Catherine Wilk Lopez to Appear Pro Hac Vice. (Signed by Judge John G. Koeltl on 7/14/2021) (ama)
July 12, 2021 Opinion or Order Filing 21 LETTER addressed to Judge John G. Koeltl from Anderson J. Duff dated July 12, 2021 re: Business Casual Holdings, LLC v. TV-Novosti, Case No. 1:21-cv-2007-JGK. Document filed by Business Casual Holdings, LLC..(Duff, Anderson)
July 12, 2021 Opinion or Order Filing 20 MOTION for Laina Catherine Wilk Lopez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TV-Novosti. (Attachments: #1 Supplement Proposed Order, #2 Supplement Cetification in Support of Application, #3 Exhibit Maryland Certificate of Good Standing, #4 Exhibit D.C. Certificate of Good Standing).(Lopez, Laina)
July 12, 2021 Opinion or Order >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Laina Catherine Wilk Lopez to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
July 12, 2021 Opinion or Order >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 FIRST MOTION for Laina Catherine Wilk Lopez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24775344. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
July 9, 2021 Opinion or Order Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Laina Catherine Wilk Lopez to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24775344. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TV-Novosti. (Attachments: #1 Supplement Certification in Support of Application, #2 Exhibit Maryland Certificate of Good Standing, #3 Exhibit D.C. Certificate of Good Standing).(Lopez, Laina) Modified on 7/12/2021 (bcu).
July 8, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Pre-Motion Conference set for 7/14/2021 at 03:30 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
July 2, 2021 Opinion or Order Filing 18 LETTER addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated 7/2/2021 re: requesting Pre-Motion Conference in anticipation of Defendant's Rule 12(b) motion.. Document filed by TV-Novosti..(Misthal, Marc)
June 8, 2021 Opinion or Order Filing 17 ORDER granting #16 Letter Motion to Adjourn Conference; granting #16 Letter Motion for Extension of Time to Answer re #16 FIRST LETTER MOTION to Adjourn Conference scheduled for June 14, 2021 addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated 6/8/2021.FIRST LETTER MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated 6/8/2021., #7 Amended Complaint. 1. Time to respond to the complaint extended to July 13, 2021. 2. June 14, 2021 conference adjourned to August 9, 2021 at 3:30 p.m. So Ordered. (TV-Novosti answer due 7/13/2021. Initial Conference set for 8/9/2021 at 03:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 6/8/2021) (rro)
June 8, 2021 Opinion or Order Filing 16 FIRST LETTER MOTION to Adjourn Conference scheduled for June 14, 2021 addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated 6/8/2021., FIRST LETTER MOTION for Extension of Time to File Answer or otherwise respond to Amended Complaint addressed to Judge John G. Koeltl from Marc Misthal, Esq. dated 6/8/2021. Document filed by TV-Novosti..(Misthal, Marc)
June 8, 2021 Opinion or Order Filing 15 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-03610 (ER). Document filed by TV-Novosti..(Misthal, Marc)
June 7, 2021 Opinion or Order Filing 14 NOTICE OF APPEARANCE by Shane Wax on behalf of TV-Novosti..(Wax, Shane)
June 7, 2021 Opinion or Order Filing 13 NOTICE OF APPEARANCE by Marc P. Misthal on behalf of TV-Novosti..(Misthal, Marc)
June 3, 2021 Opinion or Order Filing 12 AFFIDAVIT OF SERVICE of Complaint, First Amended Complaint, Summons, and June 2, 2021 Order Granting Plaintiff's Motion for Alternative Service served on TV-Novosti on June 2, 2021. Document filed by Business Casual Holdings, LLC..(Duff, Anderson)
June 3, 2021 Opinion or Order Filing 11 MEMO ENDORSEMENT granting #10 Motion to Serve TV-Novosti. ENDORSEMENT: Application granted. Pursuant to Fed. r. Civ. P. 4(f)(3), service may be made on the defendant by email with a copy to the defendant's counsel. Proof of service should be filed promptly with the Court. SO ORDERED. (Signed by Judge John G. Koeltl on 6/2/2021) (kv)
June 1, 2021 Opinion or Order Filing 10 MOTION to Serve via Alternative Service. Document filed by Business Casual Holdings, LLC. (Attachments: #1 Supplement Memorandum in Support, #2 Affidavit, #3 Affidavit, #4 Affidavit).(Duff, Anderson)
April 22, 2021 Opinion or Order Filing 9 ELECTRONIC SUMMONS ISSUED as to TV-Novosti. (sj)
April 21, 2021 Opinion or Order Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to TV-Novosti, re: #2 Complaint. Document filed by Business Casual Holdings, LLC..(Duff, Anderson)
March 31, 2021 Opinion or Order Minute Entry for proceedings held before Judge John G. Koeltl: Initial Conference set for 6/14/2021 at 12:00 PM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie)
March 24, 2021 Opinion or Order Filing 7 FIRST AMENDED COMPLAINT amending #1 Complaint, #2 Complaint against TV-Novosti with JURY DEMAND.Document filed by Business Casual Holdings, LLC. Related document: #1 Complaint, #2 Complaint. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D).(Duff, Anderson)
March 24, 2021 Opinion or Order Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent eBrands Partners, Inc. for Business Casual Holdings, LLC. Document filed by Business Casual Holdings, LLC..(Duff, Anderson)
March 10, 2021 Opinion or Order 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. (sj)
March 9, 2021 Opinion or Order Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Duff, Anderson)
March 9, 2021 Opinion or Order Filing 3 CIVIL COVER SHEET filed..(Duff, Anderson)
March 9, 2021 Opinion or Order Filing 2 COMPLAINT against TV-Novosti. Document filed by Business Casual Holdings, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Duff, Anderson)
March 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anderson Josiah Duff. The party information for the following party/parties has been modified: Business Casual Holdings, LLC; TV-Novosti. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted;. (jgo)
March 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Anderson Josiah Duff. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo)
March 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Anderson Josiah Duff to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
March 9, 2021 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
March 9, 2021 Opinion or Order Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
March 9, 2021 Opinion or Order ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Anderson Josiah Duff 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. (jgo)
March 9, 2021 Opinion or Order Case Designated ECF. (jgo)
March 8, 2021 Opinion or Order Filing 1 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Business Casual Holdings, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-24221892)Document filed by Business Casual Holdings, LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Duff, Anderson) Modified on 3/9/2021 (jgo).

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Defendant: TV-Novosti
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Plaintiff: Business Casual Holdings, LLC
Represented By: Anderson Josiah Duff
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