Charming Beats LLC v. Facebook, Inc.
| Charming Beats LLC |
| Facebook, Inc., Meta Platforms, Inc. and Instagram, Inc. |
| 1:2021cv08609 |
| October 20, 2021 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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| Filing 29 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 8/16/2022 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (tp) |
| Filing 28 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) Instagram, Inc., Meta Platforms, Inc.. Document filed by Charming Beats LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Garbarini, Richard) |
Filing 27
ORDER: In light of recent Second Circuit opinions, the parties are directed to advise the Court whether they consent for the Court to deem the briefing as set forth in the June 22 Order as a fully briefed motion and rule on the basis of the limited briefs, or whether the parties request supplemental or full briefing on Charming Beats' motion. If the parties request supplemental or full briefing, they shall submit a proposed briefing schedule within one week of the date of this order. (Signed by Judge Victor Marrero on 8/10/2022) (ate)
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Filing 26
ORDER terminating #23 Letter Motion for Conference re: #23 LETTER MOTION for Conference regarding Defendants' proposed Motion to Dismiss the Third Amended Complaint with prejudice addressed to Judge Victor Marrero from Randi W. Singer dated January 26, 2022. Following clarification from the Second Circuit in GEICO v. Grossman, No. 21-2789, 2022 WL 1656593, at *4 (2d Cir. May 25, 2022), and in accordance with this Courts Individual Practices and Rule 7.1 of the Court's Local Rules, Defendants may file a motion to dismiss which shall not exceed three pages in length (single spaced, twelve-point font), unless, upon a party's request, the Court authorizes a larger number. The substance of such motion may not deviate materially from the basis for dismissal that Defendants stated in their initial premotion letter. In response, within seven (7) days of the filing of the Defendants' motion, Charming Beats may file its opposition, which may similarly not exceed three pages (single spaced, twelve-point font), opposing the motion. Defendants may file a three-page reply within seven (7) days of the filing of Charming Beats's response. SO ORDERED.. (Signed by Judge Victor Marrero on 6/22/2022) (jca)
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Filing 25
ORDER: After reviewing the submissions, the Court does not believe a conference is necessary at this time. Instead, the Court is inclined to treat the parties' pre-motion letters as a motion to dismiss, see Kapitalforeningen Lgernes Invest. v. United Techs. Corp., 779 F. App'x 69, 70 (2d Cir. 2019) (affirming the district court ruling deeming an exchange of letters as fully submitted motion), but if further briefing becomes necessary the Court will direct the parties to file additional material. (Signed by Judge Victor Marrero on 4/28/2022) (ate)
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| Filing 24 LETTER addressed to Judge Victor Marrero from Richard Garbarini dated 11/26/2022 re: Defendants' Correspondence dated 11/26/2022. Document filed by Charming Beats LLC..(Garbarini, Richard) |
| Filing 23 LETTER MOTION for Conference regarding Defendants' proposed Motion to Dismiss the Third Amended Complaint with prejudice addressed to Judge Victor Marrero from Randi W. Singer dated January 26, 2022. Document filed by Instagram, Inc., Meta Platforms, Inc.. (Attachments: #1 Exhibit A - Defendants' Letter to Plaintiff, #2 Exhibit B - Plaintiff's Letter to Defendants).(Singer, Randi) |
| Filing 22 LETTER addressed to Judge Victor Marrero from Richard Garbarini dated 1/19/2022 re: Opposition To Proposed Motion to Dismiss. Document filed by Charming Beats LLC..(Garbarini, Richard) |
| Filing 21 LETTER addressed to Judge Victor Marrero from Randi W. Singer dated January 14, 2022 re: Defendant's Pre-Motion to Dismiss Letter. Document filed by Instagram, Inc., Meta Platforms, Inc...(Singer, Randi) |
| Filing 20 EXHIBIT TO PLEADING re: #19 Amended Complaint,,,. Document filed by Charming Beats LLC..(Garbarini, Richard) |
| Filing 19 THIRD AMENDED COMPLAINT amending #15 Amended Complaint,, against Meta Platforms, Inc., Instagram, Inc. with JURY DEMAND.Document filed by Charming Beats LLC. Related document: #15 Amended Complaint,,. (Attachments: #1 Exhibit Registration and Assignment, #2 Exhibit DMCA Notice, #3 Exhibit DMCA Take-Down, #4 Exhibit Admission, #5 Exhibit Notice, #6 Exhibit Admission, #7 Exhibit DMCA Take-Down, #8 Exhibit Admission, #9 Exhibit Notice, #10 Exhibit Admission, #11 Exhibit Notice, #12 Exhibit DMCA Takr-Down, #13 Exhibit Admission, #14 Exhibit Notice, #15 Exhibit DMCA Take-Down, #16 Exhibit Admission, #17 Exhibit Notice, #18 Exhibit DMCA Take-Down, #19 Exhibit DMCA Take-Down).(Garbarini, Richard) Modified on 12/29/2021 (pc). Modified on 12/29/2021 (pc). |
| Filing 18 LETTER addressed to Judge Victor Marrero from Richard Garbarini dated 12/21/2021 re: Pre-Motion Conference. Document filed by Charming Beats LLC..(Garbarini, Richard) |
| Filing 17 LETTER addressed to Judge Victor Marrero from Randi W. Singer dated December 16, 2021 re: Defendant's Pre-Motion Letter to Dismiss the Second Amended Complaint. Document filed by Meta Platforms, Inc...(Singer, Randi) |
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Filing 16
JOINT STIPULATION TO ALLOW PLAINTIFF TO AMEND THE FIRST AMENDED COMPLAINT PURSUANT TO FED. R. CIV. P. 15(a)(2) AND EXTEND DEFENDANT'S TIME TO RESPOND TO THE SECOND AMENDED COMPLAINT: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff Charming Beats LLC and counsel for Defendant Facebook, Inc. as follows: Pursuant to Fed. R. Civ. P. 15(a)(2), defendant consents to allow plaintiff to file a Second Amended Complaint on or before November 16, 2021. Plaintiff consents to extend defendant's deadline to answer or otherwise respond to the Second Amended Complaint, which is currently December 13, 2021 (Dkt. No. 13), an additional 16 days, through and including December 29, 2021. So Ordered Facebook, Inc. answer due 12/29/2021.( Amended Pleadings due by 11/16/2021.), Motions terminated: #14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Victor Marrero from Richard Garbarini dated 11/15/2021. filed by Charming Beats LLC. (Signed by Judge Victor Marrero on 11/16/2021) (js)
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| Filing 15 SECOND AMENDED COMPLAINT amending #6 Amended Complaint,, against Meta Platforms, Inc. with JURY DEMAND.Document filed by Charming Beats LLC. Related document: #6 Amended Complaint,,. (Attachments: #1 Exhibit Registration and Assignment, #2 Exhibit DMCA Take-Down, #3 Exhibit DMCA Take-Down, #4 Exhibit Admission, #5 Exhibit Notice, #6 Exhibit Admission, #7 Exhibit Notice, #8 Exhibit Admission, #9 Exhibit Notice, #10 Exhibit Admission, #11 Exhibit Notice, #12 Exhibit DMCA Take-Down, #13 Exhibit Admission, #14 Exhibit Notice, #15 Exhibit DMCA Take-Down, #16 Exhibit Admission, #17 Exhibit Notice, #18 Exhibit DMCA Take-Down).(Garbarini, Richard) |
| Filing 14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Victor Marrero from Richard Garbarini dated 11/15/2021. Document filed by Charming Beats LLC..(Garbarini, Richard) |
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #12 CONSENT LETTER MOTION for Extension of Time to File Answer re: #6 Amended Complaint,, (Request for Extension of Time to Respond to the First Amended Complaint) addressed to Judge Victor Marrero from Randi W. Singer dated November 10, 202.Request GRANTED. The deadline for Defendant to answer, move, or otherwise respond to the complaint is extended to December 13, 2021. So Ordered Facebook, Inc. answer due 12/13/2021. (Signed by Judge Victor Marrero on 11/12/2021) (js)
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| Filing 12 CONSENT LETTER MOTION for Extension of Time to File Answer re: #6 Amended Complaint,, (Request for Extension of Time to Respond to the First Amended Complaint) addressed to Judge Victor Marrero from Randi W. Singer dated November 10, 2021. Document filed by Facebook, Inc...(Singer, Randi) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Facebook, Inc...(Singer, Randi) |
| Filing 10 NOTICE OF APPEARANCE by Randi Wolkenbreit Singer on behalf of Facebook, Inc...(Singer, Randi) |
| Filing 9 SUMMONS RETURNED EXECUTED Summons and Amended Complaint,, served. Facebook, Inc. served on 10/22/2021, answer due 11/12/2021. Service was accepted by Minard Cranker, Authorized Agent. Document filed by Charming Beats LLC..(Garbarini, Richard) |
| Filing 8 DEMAND for Trial by Jury. Document filed by Charming Beats LLC (Attachments: #1 Exhibit Registration and Assignment, #2 Exhibit DMCA, #3 Exhibit DMCA, #4 Exhibit Admission, #5 Exhibit Notice, #6 Exhibit Admission, #7 Exhibit Notice, #8 Exhibit Admission, #9 Exhibit Notice, #10 Exhibit Admission, #11 Exhibit Notice, #12 Exhibit DMCA, #13 Exhibit Admission, #14 Exhibit Notice).(Garbarini, Richard) |
| NOTICE OF CASE REASSIGNMENT to Judge Victor Marrero. Judge Naomi Reice Buchwald is no longer assigned to the case. (aea) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard M Garbarini re: Document No. #6 Amended Complaint. The filing is deficient for the following reason(s): jury demand was not updated. Docket the event type Jury Demand found under the event list Other Documents and update Jury Demand information when prompted. (vf) |
| Filing 7 CIVIL COVER SHEET filed..(Garbarini, Richard) |
| Filing 6 FIRST AMENDED COMPLAINT amending #1 Complaint, against Facebook, Inc..Document filed by Charming Beats LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit Registration and Assignments, #2 Exhibit DMCA Take-Down, #3 Exhibit DMCA Take-Down, #4 Exhibit Admission, #5 Exhibit Notice, #6 Exhibit Admission, #7 Exhibit DMCA Take-Down, #8 Exhibit Admission, #9 Exhibit Notice, #10 Exhibit Admission, #11 Exhibit Notice, #12 Exhibit DMCA Take-Down, #13 Exhibit Admission, #14 Exhibit Notice).(Garbarini, Richard) |
| 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..(jgo) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Facebook, Inc...(jgo) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Richard M Garbarini. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) |
| 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..(jgo) |
| Magistrate Judge Barbara C. Moses 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) |
| Case Designated ECF. (jgo) |
| Filing 3 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Garbarini, Richard) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Facebook, Inc., re: #1 Complaint,. Document filed by Charming Beats LLC..(Garbarini, Richard) |
| Filing 1 COMPLAINT against Facebook, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25222237)Document filed by Charming Beats LLC. (Attachments: #1 Exhibit Registration and Assignments, #2 Exhibit Notice, #3 Exhibit Notice, #4 Exhibit Admission, #5 Exhibit Notice, #6 Exhibit Admission, #7 Exhibit Notice, #8 Exhibit Admission, #9 Exhibit Notice, #10 Exhibit Admission).(Garbarini, Richard) |
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