Vigliotti v. Manhattan Times Inc
| Gregg Vigliotti |
| Manhattan Times Inc |
| 1:2022cv05895 |
| July 11, 2022 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 23 CERTIFICATE OF SERVICE of Motion for Default Judgment and all supporting papers; Court's Order to Show Cause and Notice of Hearing served on Manhattan Times Inc. on 9/7/22. Service was made by FEDEX OVERNIGHT. Document filed by Gregg Vigliotti..(Freeman, James) |
Filing 22
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW CAUSE HEARING:On September 5, 2022, Plaintiff filed a motion for a default judgment under Federal Rule of Civil Procedure 55(b)(2) and Local Civil Rule 55.2(b). See ECF No. 16. It is hereby ORDERED that Defendant shall file any opposition to the motion for default judgment by September 27, 2022. Defendant is cautioned that corporate entities may appear in federal court only through licensed counsel, see Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007), and where such an entity repeatedly fails to appear by counsel, a default judgment may be entered against it, Grace v. Bank Leumi Tr. Co. of N.Y., 443 F.3d 180, 192 (2d Cir. 2006) (internal quotation marks omitted). It is further ORDERED that Defendant appear and show cause before this Court on October 4, 2022, at 10:00 AM, why an order should not be issued granting a default judgment against Defendant. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Plaintiff has until the Thursday the week prior to the conference date to file a new or updated proposed default judgment order, if he so wishes. In the event that Defendant appears or opposes the motion for default judgment prior to that date, the parties shall prepare to treat that conference as the initial pretrial conference. That is, if Defendant appears, opposes the motion, or seeks a nunc pro tunc extension of time to respond to the complaint, then the parties shall follow the pre-conference procedures specified in the Courts July 12, 2022 Order, including by submitting a joint letter addressing certain topics and a proposed case management plan no later than the Thursday prior to the conference. See ECF No. 7. It is further ORDERED that Plaintiff serve Defendant via overnight courier with (1) a copy of the motion for default judgment and all supporting papers; and (2) a copy of this Order within one business day. Within two business days of service, Plaintiff must file proof of such service on the docket. Finally, it is ORDERED that the initial pretrial conference previously scheduled forOctober 19, 2022, is adjourned sine die.(Telephone Conference set for 10/4/2022 at 10:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 9/6/2022) (rro)
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| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #21 Proposed Default Judgment was reviewed and approved as to form. (tp) |
| Filing 21 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Gregg Vigliotti..(Freeman, James) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 20 STATEMENT OF DAMAGES. Document filed by Gregg Vigliotti..(Freeman, James) |
| Filing 19 DECLARATION of Donna Halperin in Support re: #16 MOTION for Default Judgment as to Manhattan Times Inc... Document filed by Gregg Vigliotti. (Attachments: #1 Exhibit A).(Freeman, James) |
| Filing 18 DECLARATION of Gregg Vigliotti in Support re: #16 MOTION for Default Judgment as to Manhattan Times Inc... Document filed by Gregg Vigliotti. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Freeman, James) |
| Filing 17 DECLARATION of James H. Freeman in Support re: #16 MOTION for Default Judgment as to Manhattan Times Inc... Document filed by Gregg Vigliotti. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Freeman, James) |
| Filing 16 MOTION for Default Judgment as to Manhattan Times Inc.. Document filed by Gregg Vigliotti..(Freeman, James) |
| Filing 15 CERTIFICATE OF SERVICE of Court Order, dated 8/22/22 [Dkt No. 11] served on Manhattan Times Inc. on 8/22/22. Service was made by EMAIL. Document filed by Gregg Vigliotti..(Freeman, James) |
| Filing 14 CLERK'S CERTIFICATE OF DEFAULT as to Manhattan Times Inc. (tp) |
| Filing 13 DECLARATION of James H. Freeman in Support re: #12 Proposed Clerk's Certificate of Default. Document filed by Gregg Vigliotti..(Freeman, James) |
| Filing 12 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Gregg Vigliotti..(Freeman, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
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Filing 11
ORDER: Defendant in this action appears to be in default. Plaintiff shall file any motion for default judgment, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at https://nysd.uscourts.gov/hon-jesse-m-furman), within two weeks of the date of this Order. If Plaintiff's counsel submits calculations in support of any motion for default judgment, Plaintiff's counsel shall also email native versions of the files with the calculations (i.e., versions of the files in their original format, such as in ".xlsx") to Chambers at Furman_ NYSDChambers@nysd.uscourts.gov. If or when a motion for default judgment is filed, the Court will enter a further Order setting a deadline for any opposition and reply and scheduling a show cause hearing. If no motion for default judgment is filed by the deadline set forth above, the case may be dismissed for failure to prosecute without further notice to the parties. Plaintiff shall electronically serve a copy of this Order on Defendant within two business days from the date of this Order and shall file proof of such service within three business days of the date of this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/22/2022) (tg)
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| Filing 10 SUMMONS RETURNED EXECUTED Summons and Complaint served. Manhattan Times Inc served on 7/22/2022, answer due 8/12/2022. Service was accepted by JOSHUA MIRANDA, AUTHORIZED AGENT. Document filed by Gregg Vigliotti..(Sanders, Craig) |
| Filing 9 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference [Dkt. No. 7] served on Manhattan Times Inc. on 7/19/22. Service was made by USPS Regular Mail. Document filed by Gregg Vigliotti..(Freeman, James) |
| Filing 8 NOTICE OF APPEARANCE by James H. Freeman on behalf of Gregg Vigliotti..(Freeman, James) |
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Filing 7
NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on October 19, 2022, at 3:15 p.m. in Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York. All counsel are required to register promptly as filing users on ECF and to familiarize themselves with the SDNY ECF Rules & Instructions, which are available at https://www.nysd.uscourts.gov/electronic-case-filing. All counsel must also familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. Additionally, in accordance with Paragraph 2.D of the Court's Individual Rules and Practices, the parties are hereby ORDERED to file on ECF a joint letter, described below, as well as a proposed Civil Case Management Plan and Scheduling Order attached as an exhibit to the joint letter, no later than Thursday of the week prior to the initial pretrial conference. The parties shall use this Court's form Proposed Civil Case Management Plan and Scheduling Order, which is also available at https://www.nysd.uscourts.gov/hon-jesse-m-furman. Any open legal issues can be addressed at the conference. The joint letter shall not exceed five (5) pages, and shall provide the following information in separate paragraphs as further set forth in this Order. Counsel who have entered a notice of appearance as of the issuance of this order are directed (1) to notify counsel for all other parties in this action who have not yet appeared by serving upon each of them a copy of this order and the Court's Individual Rules and Practices forthwith, and (2) to file proof of such notice with the Court. If unaware of the identity of counsel for any of the parties, counsel receiving this order must forthwith send a copy of this order and the Court's Individual Rules and Practices to that party personally. SO ORDERED. ( Initial Conference set for 10/19/2022 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/12/22) (yv)
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| 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..(jgo) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Manhattan Times Inc..(jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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) |
| Case Designated ECF. (jgo) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Sanders, Craig) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Manhattan Times Inc, re: #1 Complaint. Document filed by Gregg Vigliotti..(Sanders, Craig) |
| Filing 2 CIVIL COVER SHEET filed..(Sanders, Craig) |
| Filing 1 COMPLAINT against Manhattan Times Inc. (Filing Fee $ 402.00, Receipt Number ANYSDC-26395370)Document filed by Gregg Vigliotti. (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing Use of the Photograph).(Sanders, Craig) |
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| Plaintiff: Gregg Vigliotti | |
| Represented By: | Craig B. Sanders |
| Represented By: | James H. Freeman |
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| Defendant: Manhattan Times Inc | |
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