Vila v. Grailed, Inc.
Carlos Vila |
Grailed, Inc. |
1:2023cv01708 |
February 28, 2023 |
US District Court for the Southern District of New York |
Jennifer L Rochon |
Copyright |
17 U.S.C. ยง 501 Copyright Infringement |
Plaintiff |
Docket Report
This docket was last retrieved on May 26, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 16 STIPULATION AND ORDER IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for Plaintiff and Defendant, that the Clerk's entry of default should be vacated and that the time for Defendant to file its response to the complaint should be extended through May 29, 2023. The Court finds good cause to set aside the entry of default against Defendant based on the consent of all parties, the lack of willfulness or prejudice shown, and Defendant's apparent intention to participate in and defend the lawsuit. See Fed. R. Civ. Pro. 55(c); Enron Oil Corp. v. Diakuhara, 10 F.3d 90, 95 (2d Cir. 1993) (stating factors and "preference for resolving disputes on the merits"); see, e.g., Haley v. Weinstein, No. 20-cv-9109 (JPC), 2021 WL 707074, at *2 (S.D.N.Y. Feb. 22, 2021) (vacating entry of default on consent); SuperCom, Inc. v. 911inet LLC, No. 20-cv-8228 (JSR), 2021 WL 1164778, at *1 (S.D.N.Y. Mar. 26, 2021) (same). SO ORDERED. Grailed, Inc. answer due 5/29/2023. (Signed by Judge Jennifer L. Rochon on 4/28/2023) (jca) |
Filing 15 PROPOSED STIPULATION AND ORDER. Document filed by Carlos Vila..(Freeman, James) |
Filing 14 NOTICE OF APPEARANCE by Eric Joel Feder on behalf of Grailed, Inc...(Feder, Eric) |
Filing 13 Vacated as per Judge's Order dated 4/28/2023, Doc. #16 CLERK'S CERTIFICATE OF DEFAULT as to Grailed, Inc.(km) Modified on 4/28/2023 (jca). |
Filing 12 DECLARATION of James H. Freeman in Support re: #11 Proposed Clerk's Certificate of Default. Document filed by Carlos Vila..(Freeman, James) |
Filing 11 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Carlos Vila..(Freeman, James) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/26/2023 (km). |
Filing 10 CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference and Judge Jennifer L. Rochons Individual Rules of Practice in Civil Cases served on Grailed, Inc. on 4/3/22. Service was made by MAIL. Document filed by Carlos Vila..(Freeman, James) |
Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint served. Grailed, Inc. served on 3/8/2023, answer due 3/29/2023. Service was accepted by Nancy Dougherty, Clerk. Document filed by Carlos Vila..(Sanders, Craig) |
Filing 8 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/8/2023 at 10:30 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Jennifer L. Rochon. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jennifer L. Rochon on 3/2/2023) (jca) |
Filing 7 ELECTRONIC SUMMONS ISSUED as to Grailed, Inc...(gp) |
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..(gp) |
Magistrate Judge Barbara C. Moses 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. (gp) |
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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..(gp) |
Case Designated ECF. (gp) |
Filing 5 NOTICE OF APPEARANCE by James H. Freeman on behalf of Carlos Vila..(Freeman, James) |
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 Grailed, Inc., re: #1 Complaint. Document filed by Carlos Vila..(Sanders, Craig) |
Filing 2 CIVIL COVER SHEET filed..(Sanders, Craig) |
Filing 1 COMPLAINT against Grailed, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27401666)Document filed by Carlos Vila. (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing Use of the Photograph).(Sanders, Craig) |
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Plaintiff: Carlos Vila | |
Represented By: | James H. Freeman |
Represented By: | Craig B. Sanders |
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Defendant: Grailed, Inc. | |
Represented By: | Eric Joel Feder |
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