Bernhard Kuhmstedt v. Mubi, Inc. et al
| Bernhard Kuhmstedt |
| Mubi, Inc. and Does 1-10, inclusive |
| 1:2022cv02272 |
| March 21, 2022 |
| US District Court for the Southern District of New York |
| James L Cott |
| Lewis A Kaplan |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on June 1, 2022. A more recent docket listing may be available from PACER.
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Filing 37
ORDER. The text order at Docket No. 36 was misfiled in this case. The Court apologies for the error and any confusion it may have caused. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Filing 36
ORDER. In response to the parties' letter filed today, the Court is unfortunately not available on any of the proposed dates. The Court is available on June 9, 10, 13, and 15 if any of those dates work for the parties and their counsel. If none of those dates work, counsel should contact my deputy, David Tam, at 212-805-0250 to find a mutually convenient date for the Court and the parties. (HEREBY ORDERED by Magistrate Judge James L. Cott) (Text Only Order) (Cott, James)
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Filing 35
ORDER granting #34 Motion to Withdraw as Attorney. Attorney Rasheed Mikal McWilliams and Heming Xu terminated. Having considered the Unopposed Motion to Withdraw Rasheed McWilliams and Heming Xu as counsel for Defendant MUBI, Inc., it is HEREBY ORDERED that:1. The Unopposed Motion to Withdraw Rasheed McWilliams and Heming Xu as counsel for Defendant MUBI, Inc. is GRANTED.2. Counsel for Defendant MUBI, Inc. (MUBI), Rasheed McWilliams and Heming Xu, are granted leave to withdraw as counsel for MUBI in this action, including any resulting appeal. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| Filing 34 MOTION for Rasheed McWilliams and Heming Xu to Withdraw as Attorney . Document filed by Mubi, Inc.. (Attachments: #1 Text of Proposed Order).(Wilmot, Caitlin) |
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Filing 33
ORDER granting #30 Motion for Sharon L. Davis to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Sharon L. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25987581. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
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Filing 32
ORDER SCHEDULING SETTLEMENT CONFERENCE: By Order of Reference dated March 21, 2022 (Dkt. No. 22), Judge Kaplan referred this case to me for general pretrial supervision, including settlement. The parties and the Court conferred, and agreed that the conference will be held before me on June 6, 2022 at 10:00 a.m. Unless circumstances permit otherwise, the conference will be held on Zoom. The Court will begin the settlement conference in joint session with all parties before breaking into private session and speaking to the parties individually using Zoom's breakout room feature. The Court will email a Zoom link to counsel a few days before the settlement conference. Settlement Conference set for 6/6/2022 at 10:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 4/11/2022) (kv)
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Filing 31
ORDER: As discussed during today's conference, the parties shall exchange informal discovery between now and May 13, 2022 in advance of a settlement conference with the undersigned scheduled for June 6, 2022. The Court will issue a separate order regarding the settlement conference. In the event that the settlement conference is unsuccessful, the Court will set a schedule for discovery at the end of the conference. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 4/11/2022) (kv)
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| Filing 30 MOTION for Sharon L. Davis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25987581. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mubi, Inc.. (Attachments: #1 Affidavit with Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order).(Davis, Sharon) |
| Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Pretrial Conference held on 4/11/2022. (Tam, David) |
| Filing 29 PROPOSED SCHEDULING ORDER. Document filed by Bernhard Kuhmstedt..(Burroughs, Scott) |
| Filing 28 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Bernhard Kuhmstedt..(Zaharia, Laura) |
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Filing 27
ORDER granting #26 Motion for Caitlin Wilmot to Appear Pro Hac Vice. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Caitlin Wilmot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25926662. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 26 MOTION for Caitlin Wilmot to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25926662. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mubi, Inc.. (Attachments: #1 Affidavit of C. Wilmot, #2 Text of Proposed Order).(Wilmot, Caitlin) |
| Filing 25 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Mubi, Inc...(Lieberman, Steven) |
| Filing 24 NOTICE OF APPEARANCE by Steven M Lieberman on behalf of Mubi, Inc...(Lieberman, Steven) |
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Filing 23
ORDER FOR CONFERENCE PURSUANT TO RULE 16: Counsel should contact chambers using the Court's conference line, (877) 873-8017 (Access Code: 5277586). (And as further set forth herein.) SO ORDERED. Initial Conference set for 4/11/2022 at 02:30 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 3/22/2022) (jca)
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Filing 22
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge James L. Cott. So Ordered. (Signed by Judge Lewis A. Kaplan on 3/21/22) (yv)
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| Filing 21 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:21-cv-10029. Original file certified copy of transfer order and docket entries received. (sjo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Lewis A. Kaplan. 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. (sjo) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo) |
| Case Designated ECF. (sjo) |
| Magistrate Judge James L. Cott 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. (sjo) |
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Filing 20
ORDER APPROVING STIPULATION TO TRANSFER VENUE TO THE SOUTHERN DISTRICT OF NEW YORK PURSUANT TO 28 U.S.C. SECTION 1404(A) by Judge Andre Birotte Jr.: Upon Stipulation #19 , the Court ORDERS this case is TRANSFERRED to the U.S. District Court for the Southern District of New York. The parties will bear their own respective costs and fees, including attorney's fees, relating to the transfer. The Scheduling Conference set for 5/13/2022 is VACATED. Case electronically transferred. (MD JS-6. Case Terminated.) (gk) [Transferred from California Central on 3/21/2022.]
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| Filing 19 Joint STIPULATION to Transfer Case to Southern District of New York Pursuant to 28 USC Section 1404(A) filed by Defendant Mubi, Inc.. (Attachments: #1 Proposed Order)(McWilliams, Rasheed) [Transferred from California Central on 3/21/2022.] |
| Filing 18 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Caitlin Wilmot. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 3/21/2022.] |
| Filing 17 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sharon Davis. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (gk) [Transferred from California Central on 3/21/2022.] |
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Filing 16
ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 5/13/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb) [Transferred from California Central on 3/21/2022.]
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| Filing 15 Combined Corporate Disclosure Statement and CERTIFICATE of Interested Parties filed by Defendant Mubi, Inc., (McWilliams, Rasheed) [Transferred from California Central on 3/21/2022.] |
| Filing 14 ANSWER to Complaint (Attorney Civil Case Opening) #1 with JURY DEMAND filed by Defendant Mubi, Inc..(Attorney Rasheed McWilliams added to party Mubi, Inc.(pty:dft))(McWilliams, Rasheed) [Transferred from California Central on 3/21/2022.] |
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Filing 13
STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) [Transferred from California Central on 3/21/2022.]
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| Filing 12 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Paul L. Abrams to Judge Andre Birotte Jr for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Charles F. Eick. The case number will now reflect the initials of the transferee Judges 2:21-cv-10029 AB(Ex). (rn) [Transferred from California Central on 3/21/2022.] |
| Filing 11 STIPULATION Extending Time to Answer the complaint as to Mubi, Inc. answer now due 3/2/2022, re Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bernhard Kuhmstedt.(Burroughs, Scott) [Transferred from California Central on 3/21/2022.] |
| Filing 10 PROOF OF SERVICE Executed by Plaintiff Bernhard Kuhmstedt, upon Defendant Mubi, Inc. served on 1/10/2022, answer due 1/31/2022. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Amy McLaren\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) [Transferred from California Central on 3/21/2022.] |
| Filing 9 STATEMENT OF CONSENT TO PROCEED before the assigned Magistrate Judge filed by Plaintiff Bernhard Kuhmstedt. (Trechsel, Frank) [Transferred from California Central on 3/21/2022.] |
| Filing 8 SCHEDULING NOTICE TEXT ONLY ENTRY (In Chambers) by Magistrate Judge Paul L. Abrams. This action has been assigned to the calendar of Magistrate Judge Paul L. Abrams under the Civil Consent Pilot Project. The parties are reminded to review the time requirements for consent set forth in the Notice to Counsel that was issued at the time of the filing of the complaint. Plaintiff is instructed to forthwith serve a copy of this Order on all parties that have already been served with the summons and complaint, or to serve all parties with a copy of this Order at the time of service of the summons and complaint. re: Complaint (Attorney Civil Case Opening) #1 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (ch) TEXT ONLY ENTRY [Transferred from California Central on 3/21/2022.] |
| Filing 7 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Mubi, Inc. (lh) [Transferred from California Central on 3/21/2022.] |
| Filing 6 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Paul L. Abrams. (Attachments: #1 CV-11C) (lh) [Transferred from California Central on 3/21/2022.] |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Bernhard Kuhmstedt. (Burroughs, Scott) [Transferred from California Central on 3/21/2022.] |
| Filing 4 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Bernhard Kuhmstedt. (Burroughs, Scott) [Transferred from California Central on 3/21/2022.] |
| Filing 3 NOTICE of Interested Parties filed by Plaintiff Bernhard Kuhmstedt, identifying MUBI, INC.. (Burroughs, Scott) [Transferred from California Central on 3/21/2022.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Bernhard Kuhmstedt. (Burroughs, Scott) [Transferred from California Central on 3/21/2022.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-32551679 - Fee: $402, filed by Plaintiff Bernhard Kuhmstedt. (Attorney Scott A. Burroughs added to party Bernhard Kuhmstedt(pty:pla))(Burroughs, Scott) [Transferred from California Central on 3/21/2022.] |
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