Otto Archive, LLC v. Dotdash Media, Inc. et al
| Otto Archive, LLC |
| Dotdash Media, Inc., DOES 1-10 and Dotdash Media, Inc. a Delaware corporation, individually doing business as DotDash Meredith doing business as MyDomaine.com doing business as TheSpruce.com |
| 1:2022cv07283 |
| August 25, 2022 |
| US District Court for the Southern District of New York |
| Ronnie Abrams |
| Robert W Lehrburger |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 26, 2022. A more recent docket listing may be available from PACER.
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Filing 34
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between Plaintiff Otto Archive, LLC and Defendant Dotdash Media Inc., by and through their designated counsel, that all claims set forth in the above-titled action, be and are hereby dismissed with prejudice pursuant to (1)(A)(ii). Each party to this stipulation shall bear its own costs, expenses, and attorneys' fees as incurred against one another in connection with this action. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/26/2022) (ama)
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| Filing 33 PROPOSED STIPULATION AND ORDER. Document filed by Otto Archive, LLC..(Burroughs, Scott) |
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Filing 32
ORDER granting #31 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/15/2022) (jca)
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| Filing 31 LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Laura M. Zaharia dated December 14, 2022. Document filed by Otto Archive, LLC..(Zaharia, Laura) |
| Filing 30 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 11/22/2022 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. (ate) |
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Filing 29
ORDER: Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. The Clerk of Court is respectfully directed to close this case. (Signed by Judge Ronnie Abrams on 11/22/2022) (ate)
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| Filing 28 NOTICE of Settlement . Document filed by Otto Archive, LLC..(Zaharia, Laura) |
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Filing 27
ORDER granting #26 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Ronnie Abrams from Gail Podolsky, Esq. dated November 9, 2022. Extension granted. SO ORDERED. Dotdash Media, Inc. answer due 11/23/2022. (Signed by Magistrate Judge Robert W. Lehrburger on 11/10/2022) (mml)
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| Filing 26 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Ronnie Abrams from Gail Podolsky, Esq. dated November 9, 2022. Document filed by Dotdash Media, Inc...(Podolsky, Gail) |
| Filing 25 NOTICE of Hearing: Settlement Conference set for 12/19/2022 at 2:00 PM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than December 12, 2022, by 5:00 p.m. (rsh) |
| Filing 24 NOTICE of Hearing: Pre-Settlement Telephone Conference set for 11/28/2022 at 11:00 AM before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review and adhere to Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties shall call the teleconference line at (888)-398-2342 and enter access code: 9543348. (rsh) |
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Filing 23
ORDER granting #20 Motion for Gail E. Podolsky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 MOTION for Gail E. Podolsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26884480. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
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Filing 22
CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Depositions shall be completed by February 26, 2023. All expert discovery, including disclosures, reports, production of underlying documents, and depositions shall be completed by April 12, 2023. The Court will conduct a telephonic post-fact-discovery conference on March 10, 2023 at 3:00 p.m. Call-In Number: (888) 363-4749; Access Code: 1015508#. Amended Pleadings due by 12/12/2022. Joinder of Parties due by 12/12/2022. Deposition due by 4/12/2023. Fact Discovery due by 2/26/2023. Expert Discovery due by 4/12/2023. Discovery due by 4/12/2023. Telephone Conference set for 3/10/2023 at 03:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 10/28/2022) (ate)
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Filing 21
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). Settlement- The parties request a settlement conference 60 days from this order. Referred to Magistrate Judge Robert W. Lehrburger. Motions referred to Robert W. Lehrburger. (Signed by Judge Ronnie Abrams on 10/28/2022) (ate)
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| Filing 20 MOTION for Gail E. Podolsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26884480. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dotdash Media, Inc.. (Attachments: #1 Affidavit Affidavit of Gail Podolsky, Esq., #2 Text of Proposed Order Proposed Order for Pro Hac Vice Admission).(Margulies, Michael) |
| Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 10/28/2022. (arc) |
| Filing 19 LETTER addressed to Judge Ronnie Abrams from Laura M. Zaharia dated October 21, 2022 re: Joint Letter for Use at Initial Pretrial Conference. Document filed by Otto Archive, LLC. (Attachments: #1 Exhibit Proposed Case Management Plan).(Zaharia, Laura) |
| Filing 18 NOTICE OF APPEARANCE by Laura Maria Zaharia on behalf of Otto Archive, LLC..(Zaharia, Laura) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time to Answer re: #1 Complaint addressed to Judge Ronnie Abrams from Michael D. Margulies, Esq. dated October 6, 2022. Application granted. SO ORDERED. #1 Complaint. Dotdash Media, Inc. answer due 11/9/2022. (Signed by Judge Ronnie Abrams on 10/7/2022) (vfr)
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| Filing 16 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Ronnie Abrams from Michael D. Margulies, Esq. dated October 6, 2022. Document filed by Dotdash Media, Inc...(Margulies, Michael) |
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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 addressed to Judge Ronnie Abrams from Michael D. Margulies, Esq. dated September 13, 2022., #1 Complaint. Application granted. SO ORDERED. Dotdash Media, Inc. answer due 10/10/2022. (Signed by Judge Ronnie Abrams on 9/14/2022) (ate)
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| Set/Reset Deadlines: Motions due by 10/10/2022. (ate) |
| Filing 14 LETTER MOTION for Extension of Time to File Answer addressed to Judge Ronnie Abrams from Michael D. Margulies, Esq. dated September 13, 2022. Document filed by Dotdash Media, Inc...(Margulies, Michael) |
| Filing 13 CERTIFICATE OF SERVICE of Order (Dkt. 11) served on Dotdash Media, Inc. on September 8, 2022. Service was accepted by Gail E. Podolsky, Esq.. Service was made by Electronic Mail. Document filed by Otto Archive, LLC..(Burroughs, Scott) |
| Filing 12 NOTICE of ERRATA re: #1 Complaint. Document filed by Otto Archive, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Burroughs, Scott) |
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Filing 11
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 10/28/2022 at 03:30 PM before Judge Ronnie Abrams. Unless the parties request otherwise, the Court will hold this conference by telephone. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/7/2022) (ks)
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| Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint. Dotdash Media, Inc. served on 8/29/2022, answer due 9/19/2022. Service was accepted by The Corporation Trust Company c/o Robin Hutt-Banks/Registered Agent for Service of Process. Document filed by Otto Archive, LLC..(Burroughs, Scott) |
| Filing 9 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) |
| Filing 8 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Supplement AO 121 Report on the Filing of an Action Regarding a Copyright Page 2 contd).(Burroughs, Scott) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Dotdash Media, Inc.. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Scott Alan Burroughs to RE-FILE Document No. #4 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. Plaintiff party text listed does not correspond exactly to pleading caption. 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Scott Alan Burroughs. The party information for the following party/parties has been modified: DOES 1-10, Dotdash Media, Inc., Otto Archive, LLC. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted; alias party name was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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..(vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Scott Alan Burroughs. The following case opening statistical information was erroneously selected/entered: County code XX Out of State. The following correction(s) have been made to your case entry: the County code has been modified to New York. (vf) |
| Case Designated ECF. (vf) |
| Magistrate Judge Robert W. Lehrburger 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. (vf) |
| Filing 6 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Otto Archive, LLC..(Burroughs, Scott) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Dotdash Media, Inc., re: #1 Complaint. Document filed by Otto Archive, LLC..(Burroughs, Scott) |
| Filing 4 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. (Attachments: #1 Supplement AO 121 Report on the Filing of an Action Regarding a Copyright Page 2 contd).(Burroughs, Scott) Modified on 8/26/2022 (vf). |
| Filing 3 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Otto Archive, LLC..(Burroughs, Scott) Modified on 8/26/2022 (lb). |
| Filing 2 CIVIL COVER SHEET filed..(Burroughs, Scott) |
| Filing 1 COMPLAINT against DOES 1-10, Dotdash Media, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26597203)Document filed by Otto Archive, LLC. (Attachments: #1 Exhibit 1 to Complaint, #2 Exhibit 2 to Complaint).(Burroughs, Scott) |
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