Kelley v. Morning Bee, Inc. et al
| Michael Kelley |
| Morning Bee, Inc. and Apple, Inc. |
| 1:2021cv08420 |
| October 12, 2021 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 26, 2023. A more recent docket listing may be available from PACER.
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss the Complaint in its entirety and with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). . Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #26 MOTION to Dismiss the Complaint in its entirety and with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). . Document filed by Michael Kelley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E).(Meola, Anthony)
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DVD received from Morning Bee, Inc. and Apple Inc as Exhibit A to the Bayard Declaration at D.E. #28-1 per Text Only Order signed by Judge Gregory H. Woods on 2/3/2022 at D.E. #30. (jri)
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Filing 30
ORDER granting #29 . Defendants' request to provide the Clerk of Court with a hard copy of the DVD marked as Exhibit A to the Declaration of Samuel Bayard, Dkt. No. 28-1, is granted. Defendants are directed to contact the Court of Clerk directly for instructions on how to proceed. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 29
LETTER MOTION for Leave to File DVD addressed to Judge Gregory H. Woods from Samuel Bayard dated 2/1/2022. Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 28
DECLARATION of Samuel Bayard in Support re: #26 MOTION to Dismiss the Complaint in its entirety and with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6).. Document filed by Apple, Inc., Morning Bee, Inc.. (Attachments: #1 Exhibit A (DVD)).(Bayard, Samuel)
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Filing 27
MEMORANDUM OF LAW in Support re: #26 MOTION to Dismiss the Complaint in its entirety and with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). . Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 26
MOTION to Dismiss the Complaint in its entirety and with prejudice pursuant to Federal Rule of Civil Procedure 12(b)(6). Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 25
ORDER granting #22 . Defendants' motion to dismiss is due on or before January 31, 2022. Plaintiffs opposition is due 21 days following the date of service of Defendants' motion. Defendants' reply, if any, is due 10 days following the date of service of Plaintiff's opposition. For the reasons stated on the record during the January 12, 2022 conference, the Court will stay discovery pending resolution of the motion to dismiss. The initial pretrial conference, scheduled for January 24, 2022, is adjourned sine die. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/12/2022. (Court Reporter present) (wv)
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Filing 24
LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Anthony L. Meola dated 1-7-2021 re: #21 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Samuel Bayard dated 1/3/2022. . Document filed by Michael Kelley..(Meola, Anthony)
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Filing 23
ORDER granting #21 . The Court will hold a pre-motion conference to address Defendants anticipated motion to dismiss. Dkt. No. 21. The conference will take place by telephone on January 12, 2022 at 10:00 a.m. 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. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 22
JOINT LETTER MOTION to Stay Discovery addressed to Judge Gregory H. Woods from Samuel Bayard dated 1/3/2022. Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 21
LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Samuel Bayard dated 1/3/2022. Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 20
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Matador Content, LLC, Other Affiliate Boat Rocker Media Inc. for Morning Bee, Inc.. Document filed by Morning Bee, Inc...(Bayard, Samuel)
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Filing 19
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Apple, Inc...(Bayard, Samuel)
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Filing 17
ORDER granting #16 Letter Motion to Stay re: #16 LETTER MOTION to Stay Mediation addressed to Judge Gregory H. Woods from Samuel Bayard dated 12/3/2021. Application granted. The Court's October 13, 2021 order referring this case to mediation, Dkt. No. 6, is terminated. In the event that the parties wish for the Court to refer them to mediation in the future, they may do so. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 16. (Signed by Judge Gregory H. Woods on 12/5/2021) (rro) Transmission to Mediation Clerk for processing.
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Filing 16
LETTER MOTION to Stay Mediation addressed to Judge Gregory H. Woods from Samuel Bayard dated 12/3/2021. Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer re #14 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Gregory H. Woods from Samuel Bayard dated 11/11/2021., #1 Complaint. Application granted. The deadline for Apple to answer or otherwise respond to the complaint is extended to January 3, 2022. The Clerk of Court is directed to terminate the motion currently pending at Dkt. No. 14. SO ORDERED. Apple, Inc. answer due 1/3/2022. (Signed by Judge Gregory H. Woods on 11/12/2021) (kv)
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Filing 14
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Gregory H. Woods from Samuel Bayard dated 11/11/2021. Document filed by Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 13
NOTICE OF APPEARANCE by Samuel Bayard on behalf of Apple, Inc., Morning Bee, Inc...(Bayard, Samuel)
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Filing 12
NOTICE OF APPEARANCE by Adam Ivan Rich on behalf of Apple, Inc., Morning Bee, Inc...(Rich, Adam)
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Filing 11
WAIVER OF SERVICE RETURNED EXECUTED. Morning Bee, Inc. waiver sent on 11/2/2021, answer due 1/3/2022. Document filed by Michael Kelley..(Meola, Anthony)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint. Apple, Inc. served on 11/5/2021, answer due 11/26/2021. Service was accepted by Kartik Pandya. Document filed by Michael Kelley..(Meola, Anthony)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Apple, Inc...(sj)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Apple Inc., re: #1 Complaint. Document filed by Michael Kelley..(Meola, Anthony)
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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. (vf)
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Filing 4
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Meola, Anthony)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Anthony L. Meola, Jr to RE-FILE Document No. #3 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the PDF attached to the docket entry for the AO 121 Copyright form is not correct; do not use the instructional AO form; use the most recent form. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (jgo)
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Filing 6
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation should take place at least two weeks prior to the Initial Pretrial Conference, which is scheduled for January 24, 2022 at 4:00 p.m. by separate order to be entered today. The mediation will have no effect upon any scheduling order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647. So Ordered Mediator to be Assigned by 10/25/2021. (Signed by Judge Gregory H. Woods on 10/13/2021) (js)
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Filing 5
ORDER FOR INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties participate in an initial pretrial conference with the Court at the time listed below. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Any open legal issues can be addressed at the conference All parties are required to register promptly as filing users on ECF. Counsel are further required to review and comply with the Court's Individual Rules of Practice in Civil Cases ("Individual Rules") (available at the Court's website, https://nysd.uscourts.gov/hon-gregory-h-woods).Counsel are directed to confer with each other prior to the conference regarding settlement and each of the other subjects to be considered at a Fed. R. Civ. P. 16 conference. DUE DATE OF JOINT LETTER and PROPOSED CASE MANAGEMENT PLAN: January 17, 2021. DATE AND TIME OF CONFERENCE: January 24, 2022 at 4:00 p.m. 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. So Ordered. Initial Conference set for 1/24/2022 at 04:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 10/13/2021) (js)
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Filing 3
FILING ERROR - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Meola, Anthony) Modified on 10/14/2021 (jgo).
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***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Anthony L. Meola, Jr 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. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Anthony L. Meola, Jr. The party information for the following party/parties has been modified: Michael Kelley, Apple, Inc., Morning Bee, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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)
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Case Designated ECF. (pc)
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Magistrate Judge Sarah L. Cave 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)
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Filing 2
CIVIL COVER SHEET filed..(Meola, Anthony)
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Filing 1
COMPLAINT against Apple, Inc., Morning Bee, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25184721)Document filed by Michael Kelley. (Attachments: #1 Exhibit Exhibits A-M).(Meola, Anthony)
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