GM Photo, LLC v. Focus Camera, Inc. et al
| GM Photo, LLC |
| Focus Camera, Inc., Michael Silberstein and Chassy Kirzner |
| 1:2022cv10339 |
| December 7, 2022 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Personal Property: Other |
| 28 U.S.C. § 1332 t Diversity-Torts |
| Both |
Docket Report
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This docket was last retrieved on October 4, 2023. A more recent docket listing may be available from PACER.
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Filing 35
ORDER GRANTING LEAVE TO WITHDRAW AS COUNSEL granting #34 Motion to Withdraw as Attorney. Upon the Notice by Counsel for Defendants and the accompanying Declaration of Michael Steinmetz, IT IS HEREBY ORDERED that the noticed request to withdraw Michael Steinmetz of Garson Segal Steinmetz Fladgate LLP as counsel for Defendants FOCUS CAMERA, INC., MICHAEL SILBERSTEIN, and CHASSY KIRZNER is granted, and the appearances of Mr. Steinmetz are hereby withdrawn as of the date of this Order. Attorney Michael Myer Steinmetz terminated. (Signed by Judge Vernon S. Broderick on 1/19/2023) (kv)
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| Filing 34 MOTION for Michael Steinmetz to Withdraw as Attorney . Document filed by Focus Camera, Inc., Chassy Kirzner, Michael Silberstein. (Attachments: #1 Affidavit declaration of Michael Steinmetz).(Steinmetz, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Jura Christine Zibas to RE-FILE Document No. #32 Rule 7.1 Corporate Disclosure Statement. The filing is deficient for the following reason(s): the jurisdiction of this action is based on diversity - the party/intervenor did not name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time - name and identify the citizenship of every individual or entity whose citizenship is attributed to that party or intervenor. (lb) |
| Filing 33 ANSWER to #1 Complaint with JURY DEMAND., COUNTERCLAIM against GM Photo, LLC. Document filed by Chassy Kirzner, Michael Silberstein, Focus Camera, Inc...(Zibas, Jura) |
| Filing 32 FILING ERROR -- DEFICIENT DOCKET ENTRY - MISSING DIVERSITY INFORMATION - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Focus Camera, Inc...(Zibas, Jura) Modified on 1/18/2023 (lb). |
| Filing 31 NOTICE OF APPEARANCE by Jura Christine Zibas on behalf of Focus Camera, Inc., Chassy Kirzner, Michael Silberstein..(Zibas, Jura) |
| Filing 30 NOTICE OF APPEARANCE by Stephen James Barrett on behalf of Focus Camera, Inc., Chassy Kirzner, Michael Silberstein..(Barrett, Stephen) |
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Filing 29
ORDER granting #25 Letter Motion for Extension of Time; granting #28 Letter Motion for Extension of Time to File Response/Reply re #25 FIRST LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 3, 2023., #28 LETTER MOTION for Extension of Time to File Response/Reply as to #27 Response in Support of Motion, #25 FIRST LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 3, 2023.. APPLICATION GRANTED. Defendants shall answer or otherwise respond to the Complaint by January 17, 2023. Answering papers to Plaintiff's motion for preliminary injunction must be filed by February 9, 2023, in accordance with the parameters outlined in the Order to Show Cause. (See Doc. 12.) Plaintiffs reply papers will be due on February 14, 2023. The parties shall meet and confer in accordance with the parameters outlined in the Order to Show Cause by February 17, 2023. (Id.) The parties shall appear via telephone using the dial in 888-363- 4749 and access code 2682448 on February 24, 2023 at 3:00 PM. As previously ordered, "Defendants, along with their officers, agents, servants, employees, attorneys and all other persons who are in active concert or participation with them, [are enjoined] from taking any acts to shut down GM Photos account on Amazon." The Clerk of Court is respectfully directed to close the open motions at Docs. 25 and 28. SO ORDERED. ( Responses due by 2/9/2023, Replies due by 2/14/2023.). (Signed by Judge Vernon S. Broderick on 1/9/2023) (kv)
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| Filing 28 LETTER MOTION for Extension of Time to File Response/Reply as to #27 Response in Support of Motion, #25 FIRST LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 3, 2023., #26 Response in Opposition to Motion, addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 9, 2023. Document filed by Focus Camera, Inc., Chassy Kirzner, Michael Silberstein..(Steinmetz, Michael) |
| Set/Reset Hearings:( Telephone Conference set for 2/24/2023 at 03:00 PM before Judge Vernon S. Broderick.), Set/Reset Deadlines: Focus Camera, Inc. answer due 1/17/2023; Chassy Kirzner answer due 1/17/2023; Michael Silberstein answer due 1/17/2023. (kv) |
| Filing 27 LETTER RESPONSE in Support of Motion addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 4, 2023 re: #25 FIRST LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 3, 2023. . Document filed by Focus Camera, Inc., Chassy Kirzner, Michael Silberstein..(Steinmetz, Michael) |
| Filing 26 LETTER RESPONSE in Opposition to Motion addressed to Judge Vernon S. Broderick from Gabriel Berg, Esq. dated January 4, 2023 re: #25 FIRST LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 3, 2023. . Document filed by GM Photo, LLC..(Berg, Gabriel) |
| Filing 25 FIRST LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Michael Steinmetz dated January 3, 2023. Document filed by Focus Camera, Inc., Chassy Kirzner, Michael Silberstein..(Steinmetz, Michael) |
| Filing 24 NOTICE OF APPEARANCE by Michael Myer Steinmetz on behalf of Focus Camera, Inc., Chassy Kirzner, Michael Silberstein..(Steinmetz, Michael) |
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Filing 23
ORDER re: #21 Memorandum of Law in Support filed by GM Photo, LLC, #20 Proposed Order to Show Cause Without Emergency Relief filed by GM Photo, LLC, #22 Affidavit in Support, filed by GM Photo, LLC. Accordingly, it is hereby: ORDERED that Plaintiff file a letter by January 6, 2023, indicating whether there are any outstanding issues raised in the newly filed order to show cause papers that need to be addressed prior to the hearing scheduled for January 20, 2023. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/30/2022) (kv)
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| Filing 22 AFFIDAVIT of Gabriel Simony in Support. Document filed by GM Photo, LLC. (Attachments: #1 Exhibit Circuit City Invoice, #2 Exhibit Sigma Authorization, #3 Exhibit Amazon Email, #4 Exhibit Simony Email, #5 Exhibit Amazon Policy Warning, #6 Exhibit Demand for Immediate Withdrawal, #7 Exhibit Amazon Denial, #8 Exhibit Silberstein Email, #9 Exhibit Amazon Services Business Solutions).(Berg, Gabriel) |
| Filing 21 MEMORANDUM OF LAW in Support re: #20 Proposed Order to Show Cause Without Emergency Relief . Document filed by GM Photo, LLC..(Berg, Gabriel) |
| Filing 20 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by GM Photo, LLC..(Berg, Gabriel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #20 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (nd) |
| Filing 19 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by GM Photo, LLC. Related Document Number: [5 and 6]..(Berg, Gabriel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 12/28/2022 (km). |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Gabriel Berg to RE-FILE Document No. #18 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The attorney's affidavit/declaration in support was not filed. File the document under Other Answers, Affidavit/Declaration in support of a non-motion. Re-file the Order to Show Cause using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (km) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Gabriel Berg to RE-FILE Document No. #19 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The attorney's affidavit/declaration in support was not filed. File the document under Other Answers, Affidavit/Declaration in support of a non-motion. Re-file the Order to Show Cause using the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (km) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by GM Photo, LLC. Related Document Number: [Re-Filed Doc. No. 4]..(Berg, Gabriel) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 12/28/2022 (km). |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Gabriel Adam Berg to RE-FILE Document #4 MOTION for Preliminary Injunction . Use the event type Proposed Order to Show Cause Without Emergency Relief found under the event list Proposed Orders. (db) |
| Filing 17 AFFIDAVIT OF SERVICE of Signed Order to Show Cause, MOL iso Motion for Preliminary Injunction and Affidavit of Gabriel Simony with Exhibits 1-9 served on Focus Camera, Inc., Michael Silberstein and Chassy Kirzner on 12/16/2022. Service was made by FEDEX. Document filed by GM Photo, LLC..(Berg, Gabriel) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint. Chassy Kirzner served on 12/12/2022, answer due 1/3/2023. Service was accepted by Michael Silberstein, CEO of Focus Camera, Inc.. Document filed by GM Photo, LLC..(Berg, Gabriel) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint. Michael Silberstein served on 12/12/2022, answer due 1/3/2023. Service was accepted by Michael Silberstein, CEO of Focus Camera, Inc.. Document filed by GM Photo, LLC..(Berg, Gabriel) |
| Filing 14 AFFIDAVIT OF SERVICE of Summons and Complaint. Focus Camera, Inc. served on 12/12/2022, answer due 1/3/2023. Service was accepted by Michael Silberstein, CEO of Focus Camera, Inc.. Document filed by GM Photo, LLC..(Berg, Gabriel) |
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Filing 13
ORDER FOR ADMISSION PRO HAC VICE granting #11 Motion for Alejandro Mauricio to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys.. (Signed by Judge Vernon S. Broderick on 12/16/2022) (kv)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Alejandro Mauricio Miyar to Appear Pro Hac Vice . 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 12
ORDER TO SHOW CAUSE, Upon reading and filing of the Complaint and accompanying Memorandum of Law of Plaintiff GM Photo, LLC ("GM Photo" or "Plaintiff") in Support of Motion for Preliminary Injunction and Affidavit of Gabriel Simony, sworn to on the 7th day of December, 2022 together with the exhibits annexed thereto, the ("Supporting Papers"), and upon all the proceedings to be had herein; and good and sufficient cause having been shown, it is hereby: ORDERED, that the above-named defendants, Focus Camera, Inc., Michael Silberstein, and Chassy Kirzner ("Defendants") show cause in a hearing via telephone using the dial in 888-363-4749 and access code 2682448 on January 20, 2023 at 11:00 AM or as soon thereafter as counsel may be heard (the "Preliminary Injunction Hearing"), why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure, during the pendency of this action, enjoining Defendants, along with their officers, agents, servants, employees, attorneys and all other persons who are in active concert or participation with them, from taking any acts to shut down GM Photo's account on Amazon. IT IS FURTHER ORDERED that personal service of a copy of this order and Plaintiffs moving papers upon the Defendants or Defendants counsel by federal express on or before December 20, 2022, shall be deemed good and sufficient service thereof. IT IS FURTHER ORDERED, that answering papers be served on Robins Kaplan, 1325 Avenue of the Americas, Suite 2601, New York, NY 10019, with a copy by email to gberg@robinskaplan.com, and filed with the Court on or before 4:00 p.m. on January 9, 2023, and that Plaintiffs reply papers be served on Defendants counsel, with a copy by email, and filed with the Court on or before 4:00 p.m. on January 13, 2023. The parties are directed to meet and confer and, by 12:00 p.m. noon on January 17, 2023, file with the Court (1) a consolidated and bookmarked (to indicate exhibit numbers) pdf containing all of the exhibits to be relied upon for the hearing (cross-referenced to the submissions in which they were originally filed), and (2) a joint submission identifying the witnesses to be presented for cross-examination, the parties' agreed protocols for presentation of testimony remotely, and the time proposed to be allocated for each witness, and the time proposed to be allocated for argument. (Responses due by 1/9/2023, Replies due by 1/13/2023., Telephone Conference set for 1/20/2023 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/15/2022) (kv)
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| Filing 11 MOTION for Alejandro Mauricio Miyar to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GM Photo, LLC. (Attachments: #1 Exhibit 1: Affidavit of A Miyar in Support of Pro Hac Vice Admission, #2 Exhibit A: Supreme Court of Florida Certificate of Good Standing (Exh. A to Affidavit of A. Miyar), #3 Text of Proposed Order Proposed Order).(Miyar, Alejandro) |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Focus Camera, Inc., Chassy Kirzner, Michael Silberstein..(nm) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #9 MOTION for Alejandro M. Miyar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27061801. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (sac) |
| Filing 9 MOTION for Alejandro M. Miyar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27061801. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by GM Photo, LLC. (Attachments: #1 Exhibit 1: Affidavit of A Miyar in Support of Pro Hac Vice Admission, #2 Exhibit A: Certificate of Good Standing (Exh. A to Affidavit of A Miyar), #3 Text of Proposed Order Proposed Order).(Miyar, Alejandro) |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Focus Camera, Inc., Michael Silberstein, Chassy Kirzner, re: #1 Complaint. Document filed by GM Photo, LLC..(Berg, Gabriel) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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..(sj) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Gabriel Adam Berg. The party information for the following party/parties has been modified: GM Photo, LLC, Focus Camera, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (sj) |
| Magistrate Judge Sarah Netburn 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. (sj) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #7 Proposed Order was reviewed and approved as to form. (tp) |
| Case Designated ECF. (sj) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Gabriel Adam Berg to RE-FILE Document No. #3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Plaintiff's attorney information omitted on PDF; Filing Court not indicated on PDF. 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. (sj) |
| Filing 7 PROPOSED ORDER. Document filed by GM Photo, LLC. Related Document Number: #4 ..(Berg, Gabriel) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 6 AFFIDAVIT of Gabriel Simony in Support re: #4 MOTION for Preliminary Injunction .. Document filed by GM Photo, LLC. (Attachments: #1 Exhibit Circuit City Invoice (Redacted), #2 Exhibit Sigma Authorization to Circuit City, #3 Exhibit Amazon Email, #4 Exhibit Simony Email, #5 Exhibit Amazon Policy Warnings, #6 Exhibit 2022-10-11 Demand for Immediate Withdrawal of Complaint, #7 Exhibit Amazon Brand Denial, #8 Exhibit Silberstein Email, #9 Exhibit Amazon Services Business Solutions).(Berg, Gabriel) |
| Filing 5 MEMORANDUM OF LAW in Support re: #4 MOTION for Preliminary Injunction . . Document filed by GM Photo, LLC..(Berg, Gabriel) |
| Filing 4 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Preliminary Injunction . Document filed by GM Photo, LLC..(Berg, Gabriel) Modified on 12/22/2022 (db). |
| Filing 3 FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Focus Camera, Inc., Michael Silberstein, Chassy Kirzner, re: #1 Complaint. Document filed by GM Photo, LLC..(Berg, Gabriel) Modified on 12/8/2022 (sj). |
| Filing 2 CIVIL COVER SHEET filed..(Berg, Gabriel) |
| Filing 1 COMPLAINT against Focus Camera, Inc., Chassy Kirzner, Michael Silberstein. (Filing Fee $ 402.00, Receipt Number ANYSDC-27052525)Document filed by GM Photo, LLC..(Berg, Gabriel) |
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