Smith v. Tal Dagan MD, P.C.
| Byron Smith |
| Tal Dagan MD, P.C. |
| 1:2021cv05692 |
| July 1, 2021 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Copyright |
| 17 U.S.C. ยง 501 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 16 CERTIFICATE OF SERVICE of Court's Order to show cause, declaration and exhibits in support of default, proposed default judgment and statement of damages served on Tal Dagan MD, P.C. on 1/5/22. Service was made by MAIL. Document filed by Byron Smith..(Freeman, James) |
Filing 15
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: Upon plaintiff Byron Smith ("Plaintiff")'s application for default judgment, the declaration of James H. Freeman, sworn to the 17th day of December, 2021 and the exhibits annexed thereto, the Statement of Damages and upon all prior papers and proceedings filed herein, it is hereby: ORDERED, that the above-named defendant, Tal Dagan MD, P.C. ("Defendant"), show cause in writing by Affidavit and Memorandum of Law, filed with the Court and served upon Plaintiff's counsel on or before February 2, 2022, why an Order should not be issued pursuant to Rule 54(b) and Rule 55(b) of the Federal Rules of Civil Procedure in favor of Plaintiff for the relief set forth in this order. IT IS FURTHER ORDERED that, pursuant to Local Rule 55.2, service of a copy of this Order and annexed declarations, papers and exhibits be made at Defendant's last known business address via U.S. mail on or before January 5, 2022. Plaintiff shall file proof of service on or before January 6, 2022. Any opposition to entry of a default judgment is due on or before February 16, 2022. Any reply papers shall be due by February 23, 2022. ( Responses due by 2/16/2022, Replies due by 2/23/2022.) (Signed by Judge Andrew L. Carter, Jr on 1/3/2022) (ate)
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| Filing 14 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Byron Smith..(Freeman, James) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 13 STATEMENT OF DAMAGES. Document filed by Byron Smith..(Freeman, James) |
| Filing 12 DECLARATION of James Freeman in Support re: #11 Proposed Order to Show Cause Without Emergency Relief. Document filed by Byron Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Freeman, James) |
| Filing 11 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Byron Smith..(Freeman, James) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #11 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (dt) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #14 Proposed Default Judgment was reviewed and approved as to form. (dt) |
| Filing 10 CLERK'S CERTIFICATE OF DEFAULT as to Tal Dagan MD, P.C.(km) |
| Filing 9 DECLARATION of James H. Freeman in Support re: #8 Proposed Clerk's Certificate of Default. Document filed by Byron Smith..(Freeman, James) |
| Filing 8 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Byron Smith..(Freeman, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 9/21/2021 (km). |
| Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint. Tal Dagan MD, P.C. served on 8/2/2021, answer due 8/23/2021. Service was accepted by Sue Zouky, office of Secretary of State for New York. Document filed by Byron Smith..(Freeman, James) |
| Filing 6 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 5 ELECTRONIC SUMMONS ISSUED as to Tal Dagan MD, P.C...(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(pc) |
| 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Freeman, James) |
| Filing 3 CIVIL COVER SHEET filed..(Freeman, James) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Tal Dagan MD, P.C., re: #1 Complaint. Document filed by Byron Smith..(Freeman, James) |
| Filing 1 COMPLAINT against Tal Dagan MD, P.C.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24741346)Document filed by Byron Smith. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Freeman, James) |
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| Plaintiff: Byron Smith | |
| Represented By: | James H. Freeman |
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| Defendant: Tal Dagan MD, P.C. | |
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