Bayam Group, Inc. v. ID Tech LLC
| Bayam Group, Inc. doing business as Bayam Jewelry |
| ID Tech, LLC doing business as Frost NYC |
| 1:2022cv08910 |
| October 19, 2022 |
| US District Court for the Southern District of New York |
| Valerie Figueredo |
| Other Statutory Actions |
| 17 U.S.C. § 512 Copyright Infringement of Digital Communications |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 37 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 11/7/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 36 TRANSCRIPT of Proceedings re: HEARING held on 11/7/2022 before Judge Colleen McMahon. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/19/2022. Redacted Transcript Deadline set for 12/29/2022. Release of Transcript Restriction set for 2/26/2023..(McGuirk, Kelly) |
Filing 35
ORDER: A telephonic status conference in this matter is hereby scheduled for Tuesday, December 20, 2022 at 11:00 a.m. Counsel for the parties are directed to call Judge Figueredo's AT&T conference line at the scheduled time. Please dial (888) 808-6929; access code 9781335. SO ORDERED., (Telephonic Status Conference set for 12/20/2022 at 11:00 AM before Magistrate Judge Valerie Figueredo.) (Signed by Magistrate Judge Valerie Figueredo on 11/22/2022) (ama)
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Filing 34
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Valerie Figueredo. (Signed by Judge Colleen McMahon on 11/17/2022) (jca)
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| Filing 33 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Bayam Group, Inc.. Document filed by Bayam Group, Inc...(Makhail, Mark) |
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Filing 32
ORDER re: #27 Opposition Brief filed by ID Tech, LLC. Defendant has filed a sworn affidavit, (Dkt. No. 27), stating that Frost NYC will not, during the pendency of this lawsuit, file any further takedown notices under the Digital Millennium Copyright Act against the Plaintiff for jewelry products that are the subject of this lawsuit or the lawsuit pending before the Honorable Valerie Figueredo, ID Tech d/b/a Frost NYC, et al. v. Bayam Group, Inc. d/b/a Bayam Jewelry, et al., Civil Action No. l:19 cv-8439 (filed Aug. 22, 2019). As this has the effect of an injunction, Plaintiff's request for a preliminary injunction is DENIED. This action will be referred to Magistrate Judge Figueredo for general pre-trial supervision. If the parties agree to proceed before Judge Figueredo for all purposes, they should file a consent pursuant to 28 U.S.C. 636. (Signed by Judge Colleen McMahon on 11/15/2022) BY ECF TO ALL COUNSEL (kv)
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Filing 31
ORDER OF REFERENCE TO A 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). Referred to Magistrate Judge Valerie Figueredo. (Signed by Judge Colleen McMahon on 11/15/2022) (kv)
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| Filing 30 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/20/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) |
| Filing 29 TRANSCRIPT of Proceedings re: HEARING held on 10/20/2022 before Judge Colleen McMahon. Court Reporter/Transcriber: Rebecca Forman, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/6/2022. Redacted Transcript Deadline set for 12/16/2022. Release of Transcript Restriction set for 2/13/2023..(McGuirk, Kelly) |
| Filing 28 OPPOSITION BRIEF re: #26 Order,,,,,,, Certification of AML in Response to Court Order. Document filed by ID Tech, LLC. (Attachments: #1 Exhibit Letter to Shopify).(Lester, Steven) |
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Filing 27
OPPOSITION BRIEF re: #26 Order,,,,,,, #23 Opposition Brief per Order by Judge Colleen McMahon. Document filed by ID Tech, LLC..(Lester, Steven)
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Filing 26
ORDER: As directed at the hearing, counsel for ID Tech must supply Shopify with a copy of the transcript of the November 7 hearing - specifically those portions in which counsel confessed that his client did not have a registered copyright for the merchandise that was the subject of the takedown orders, and in which the court ruled that Bayam could not be labeled a "repeat offender" since it appeared that it was ID Tech that had "offended" Shopify by filing false DMCA notices. What Shopify chooses to do about continuing to do business to ID Tech is not the business of this court. As discussed in our last hearing, what is left of this action is being referred to Magistrate Judge Figueredo for general pre-trial supervision. I am not consolidating the two actions; indeed, I have no power to do so, since Judge Figueredo is the assigned judge for all purposes in ID Tech I. I urge the parties to consent to her exercise of jurisdiction over this lawsuit as well (aside from the matter of the preliminary injunction motion, which I will decide if the matter if not obviated by an acceptable representation on Defendant's part). If the parties decide to proceed before Judge Figuredo for all purposes, they should file a consent pursuant to 28 U.S.C. 636 and as soon as the preliminary injunction issue is put to rest I will hand the matter off. If the parties do not so consent, she will superintend this matter for all pretrial purposes, even as she continues as the only judge on ID Tech I. If Judge Figueredo is the judge for all purposes in this matter, she should set a schedule for the filing of an amended complaint (if there is to be one) or a responsive pleading. If she is not so designated, I will set that schedule. (Signed by Judge Colleen McMahon on 11/10/2022) TO ALL PARTIES BY ECF (kv)
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| Filing 25 LETTER addressed to Judge Colleen McMahon from Steven M. Lester dated November 10, 2022 re: Response to McCarter & English November 10, 22 Letter. Document filed by ID Tech, LLC..(Lester, Steven) |
| Filing 24 LETTER addressed to Judge Colleen McMahon from Bayam Group, Inc. dated November 10, 2022 re: Insufficient Affidavit. Document filed by Bayam Group, Inc...(Makhail, Mark) |
| Filing 23 OPPOSITION BRIEF re: #17 Brief,,,,,,, Affidavit of Nison Kaykov and Arthur Ilyayev. Document filed by ID Tech, LLC..(Lester, Steven) |
| Filing 22 NOTICE OF APPEARANCE by Saradja Paul on behalf of ID Tech, LLC..(Paul, Saradja) |
| Filing 21 NOTICE of of Request to Bring Electronic Devices to Preliminary Injunction Hearing. Document filed by Bayam Group, Inc...(Makhail, Mark) |
| Minute Entry for proceedings held before Judge Colleen McMahon: Hearing held on 11/7/2022. Decision: Hearing on request for preliminary injunction held.Court Reporter: Andrew WalkerSubmitted by: Philip Chertoff. (Court Reporter Andrew Walker) (mde) |
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Filing 20
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Injunction Hearing on Monday, November 7, 2022 at 3:00 P.M. before the Honorable Colleen McMahon, United States District Judge in Courtroom 24A, U. S. District Court, 500 Pearl Street, New York, New York 10007. Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Status Conference set for 11/7/2022 at 03:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 11/4/2022) (kv)
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| Filing 19 OPPOSITION BRIEF re: #18 Proposed Findings of Fact and Conclusions of Law. Document filed by ID Tech, LLC. (Attachments: #1 Affidavit Nison Kaykov, #2 Exhibit Copyright Reg. No. TX-0008656864, #3 Exhibit Copyright Reg. No. VA 0002192563, #4 Exhibit Website Name Plate Comparisons, #5 Exhibit Nameplates & Chains).(Lester, Steven) |
| Filing 18 PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW. Document filed by ID Tech, LLC..(Lester, Steven) |
| Filing 17 BRIEF re: #14 Endorsed Letter,,,, Set Motion and R&R Deadlines/Hearings,,, [Proposed] Findings of Fact and Conclusions of Law in Support of Bayam Group, Inc.'s Application for Preliminary Injunction. Document filed by Bayam Group, Inc.. (Attachments: #1 Affidavit of Matthew A. Sklar in Support of Plaintiff's Application for Preliminary Injunction, #2 Exhibit PX-1 - Impulse Theme Template, #3 Exhibit PX-2 - September DMCA Takedown Notice #1, #4 Exhibit PX-3 - September DMCA Takedown Notice #2, #5 Exhibit PX-4, vol. I - Bayam Webpages Targeted by ID Tech's DMCA Takedown Notices, #6 Exhibit PX-4, vol. II - Bayam Webpages Targeted by ID Tech's DMCA Takedown Notices, #7 Exhibit PX-4, vol. III - Bayam Webpages Targeted by ID Tech's DMCA Takedown Notices, #8 Exhibit PX-4, vol. IV - Bayam Webpages Targeted by ID Tech's DMCA Takedown Notices, #9 Exhibit PX-4, vol. V - Bayam Webpages Targeted by ID Tech's DMCA Takedown Notices, #10 Exhibit PX-4, vol. VI - Bayam Webpages Targeted by ID Tech's DMCA Takedown Notices, #11 Exhibit PX-4, vol. VII - Bayam Webpages Targeted by ID Tech's DMCA Takedown Notices, #12 Exhibit PX-6 - September 2022 Shopify Email to Plaintiff Bayam re Repeat Infringer Policy, #13 Exhibit PX-6 - ID Tech Webpages Cited in DMCA Takedown Notices, #14 Appendix A - Unpublished Cases Cited by Plaintiff Bayam, #15 Affidavit of Talha Bayam in Support of Bayam's Application for Preliminary Injunction, #16 Affidavit of Anna Mangoyan in Support of Bayam's Application for Preliminary Injunction, #17 Affidavit of Tuana Ozturk in Support of Bayam's Application for Preliminary Injunction, #18 Exhibit - Certificate of Service).(Sklar, Matthew) |
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Filing 16
ORDER granting #15 Letter Motion for Leave to File Document. Fine.. (Signed by Judge Colleen McMahon on 10/31/2022) (kv)
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| Filing 15 LETTER MOTION for Leave to File Exhibits Too Large to File on ECF addressed to Judge Colleen McMahon from Steven M. Lester dated October 31, 2022. Document filed by ID Tech, LLC..(Lester, Steven) |
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Filing 14
ENDORSED LETTER addressed to TO ALL COUNSEL from Judge McMahon dated October 27, 2022 re: Motion for a Preliminary Injunction. ENDORSEMENT: After oral argument the court denied the plaintiffs request for a temporary restraining order October 20, 2022. A hearing on the motion for a preliminary injunction will be held at 10:00 AM on Monday, November 7, 2022. Parties must file all proposed findings of fact and conclusions of law, proposed witness lists, all direct testimony affidavits, and all exhibits by 5:00 PM on Monday, October 31, 2022. The parties may at any time consent to have this case tried before the assigned Magistrate Judge pursuant to 28 U.S.C. Section 636(c).., Set Deadlines/Hearing as to ( Motion Hearing set for 11/7/2022 at 10:00 AM before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 10/27/2022) BY ECF TO ALL COUNSEL (kv)
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| Filing 13 ELECTRONIC SUMMONS ISSUED as to ID Tech, LLC..(pc) |
| Filing 12 REQUEST FOR ISSUANCE OF SUMMONS as to ID Tech LLC, re: #1 Complaint,. Document filed by Bayam Group, Inc...(Makhail, Mark) |
| Filing 11 LETTER addressed to Judge Colleen McMahon from Steven M. Lester dated October 21, 2022 re: In Response to Court's Directive. Document filed by ID Tech, LLC..(Lester, Steven) |
| Filing 10 LETTER addressed to Judge Colleen McMahon from Mark M. Makhail dated October 21, 2022 re: Shopify Templates and Materials Requested by Court During October 20, 2022 Conference. Document filed by Bayam Group, Inc.. (Attachments: #1 Exhibit 1 - Bayam Receipt for Impulse Theme Template, #2 Exhibit 2 - Blank Impulse Theme Template, #3 Exhibit 3 - Impulse Theme Template Promotional Materials, #4 Exhibit 4 - Examples of Bayam's Modification to Impulse Theme Template, #5 Exhibit 5, vol. I - Webpages Targeted by ID Tech's DMCA Takedown Notices, #6 Exhibit 5, vol. II - Webpages Targeted by ID Tech's DMCA Takedown Notices, #7 Exhibit 5, vol. III - Webpages Targeted by ID Tech's DMCA Takedown Notices, #8 Exhibit 5, vol. IV - Webpages Targeted by ID Tech's DMCA Takedown Notices, #9 Exhibit 5, vol. V - Webpages Targeted by ID Tech's DMCA Takedown Notices, #10 Exhibit 5, vol. VI - Webpages Targeted by ID Tech's DMCA Takedown Notices, #11 Exhibit 5, vol. VII - Webpages Targeted by ID Tech's DMCA Takedown Notices).(Makhail, Mark) |
| Filing 9 NOTICE OF APPEARANCE by Steven M. Lester on behalf of ID Tech, LLC..(Lester, Steven) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Mark M. Makhail to RE-FILE Document No. #7 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. Summons form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) |
| Filing 8 ENDORSED LETTER addressed to ALL COUNSEL from Judge McMahon dated 10/20/22 re: conference. ENDORSEMENT: A notice that the parties in the above-captioned matters shall appear before Judge Colleen McMahon on October 20, 2022, at 2:00 PM. The conference will be held in person at 500 Pearl Street, New York, NY 10007, in Courtroom 24A., ( Status Conference set for 10/20/2022 at 02:00 PM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon.) (Signed by Judge Colleen McMahon on 10/20/22) BY ECF TO ALL COUNSEL. (yv) |
| Filing 7 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF SUMMONS as to ID Tech LLC, re: #1 Complaint,. Document filed by Bayam Group, Inc...(Makhail, Mark) Modified on 10/21/2022 (vf). |
| Filing 6 NOTICE OF APPEARANCE by Mark M. Makhail on behalf of Bayam Group, Inc...(Makhail, Mark) |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (aea) |
| CASE ACCEPTED AS RELATED. Create association to 1:22-cv-08454-CM. Notice of Assignment to follow. (aea) |
| Magistrate Judge Jennifer Willis 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. (aea) |
| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #5 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) |
| Minute Entry for proceedings held before Judge ColleenDecision: Hearing held for Order to Show Cause for a Temporary Restraining Order. Plaintiffs application for a temporary restraining order is DENIED. A hearing on the proposed preliminary injunction will be held at 10:00 AM on Monday, November 7, 2022. Submitted by: Philip Chertoff (Court Reporter Rebecca Forman). (mde) |
| Magistrate Judge Valerie Figueredo is so redesignated. (aea) |
| Filing 5 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Bayam Group, Inc. d/b/a Bayam Jewelry. (Attachments: #1 Supplement - Brief in Support of Plaintiff's Application for Preliminary Injunction and Temporary Restraining Order, #2 Affidavit Declaration of Talha Bayam in Support of Plaintiff's Application for Preliminary Injunction and Temporary Restraining Order, #3 Exhibit 1 Talha Bayam's Declaration, #4 Exhibit 2 to Talha Bayam's Declaration, #5 Exhibit 2 to Talha Bayam's Declaration, #6 Affidavit Certification of Matthew A. Sklar in Support of Plaintiff's Application for Preliminary Injunction and Temporary Restraining Order) Related Document Number: #1 ..(Sklar, Matthew) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bayam Group, Inc. d/b/a Bayam Jewelry..(Sklar, Matthew) |
| Filing 3 RELATED CASE AFFIRMATION of Matthew A. Sklar re: that this action be filed as related to 22-cv-8454. Document filed by Bayam Group, Inc. d/b/a Bayam Jewelry..(Sklar, Matthew) |
| Filing 2 CIVIL COVER SHEET filed..(Sklar, Matthew) |
| Filing 1 COMPLAINT against ID Tech LLC d/b/a Frost NYC. (Filing Fee $ 402.00, Receipt Number ANYSDC-26837811)Document filed by Bayam Group, Inc. d/b/a Bayam Jewelry. (Attachments: #1 Exhibit 1 - DMCA Notice, #2 Exhibit 2 - Second DMCA Notice, #3 Exhibit Verification of Complaint).(Sklar, Matthew) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Adam Sklar. The following case opening statistical information was erroneously selected/entered: Cause of Action code 17:1201;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 17:512;. (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Matthew Adam Sklar. The party information for the following party/parties has been modified: Bayam Group, Inc. d/b/a Bayam Jewelry, ID Tech LLC d/b/a Frost NYC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted;. (pc) |
| CASE REFERRED TO Judge Colleen McMahon as possibly related to 22cv8454. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) |
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| Plaintiff: Bayam Group, Inc. doing business as Bayam Jewelry | |
| Represented By: | Matthew Adam Sklar |
| Represented By: | Mark M. Makhail |
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| Defendant: ID Tech, LLC doing business as Frost NYC | |
| Represented By: | Steven M. Lester |
| Represented By: | Saradja Paul |
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