Elliot McGucken v. Lonely Planet USA, LLC et al
| Elliot McGucken |
| Lonely Planet USA, LLC, Does 1-10, inclusive and Lonely Planet Global, Inc. |
| 1:2023cv04293 |
| May 23, 2023 |
| US District Court for the Southern District of New York |
| Andrew L Carter |
| Sarah L Cave |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 39
ORDER: Pursuant to the telephonic initial case management conference held today, July 17, 2023, the Court orders that entry of a case management plan is held in abeyance pending entry of a separate settlement conference scheduling order. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 7/17/2023) (vfr)
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| Minute Entry for proceedings held before Magistrate Judge Sarah L Cave: Initial Pretrial Conference held on 7/17/2023. Attorney Scott Burroughs appeared on behalf of Plaintiff Elliot McGucken. Attorney Eleanor Lackman appeared on behalf of Defendant Lonely Planet Global, Inc. (ne) |
| Filing 38 PROPOSED CASE MANAGEMENT PLAN. Document filed by Elliot McGucken..(Burroughs, Scott) |
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Filing 37
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE: This action has been referred, pursuant to 28 U.S.C. 636(b)(1)(A), to Magistrate Judge Sarah L. Cave for general pretrial management, including scheduling discovery, non-dispositive pretrial motions, and settlement. All pretrial motions and applications, including those relating to scheduling and discovery (but excluding motions to dismiss or for judgment on the pleadings, for injunctive relief, for summary judgment, or for class certification under Fed. R. Civ. P. 23) must be made to Magistrate Judge Cave and must comply with her Individual Practices, available on the Court's website. No initial case management conference yet having taken place in this action, it is hereby ORDERED that an initial conference in accordance with Fed. R. Civ. P. 16 will be held on Monday, July 17, 2023 at 10:00 a.m. on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. At the conference, the parties must be prepared to discuss the subjects set forth in Fed. R. Civ. P. 16(b) and (c). And as set forth herein. SO ORDERED. Telephonic Initial Conference set for 7/17/2023 at 10:00 AM before Magistrate Judge Sarah L Cave. (Signed by Magistrate Judge Sarah L Cave on 6/09/2023) (ama)
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Filing 36
ORDER: 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 Sarah L Cave. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/09/2023) (ama)
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| Filing 35 ANSWER to Complaint. Document filed by Lonely Planet Global, Inc...(Lackman, Eleanor) |
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Filing 34
ORDER: This case having recently been transferred to the undersigned from the United States District Court for the Central District of California, Defendant Lonely Planet Global, Inc. is directed to answer or otherwise respond to the First Amended Complaint by June 8, 2023. re: #12 Amended Complaint, filed by Elliot McGucken, Lonely Planet Global, Inc. answer due 6/8/2023. (Signed by Judge Andrew L. Carter, Jr on 5/25/23) (rdz)
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| Filing 33 NOTICE OF APPEARANCE by Eleanor Martine Lackman on behalf of Lonely Planet Global, Inc., Lonely Planet USA, LLC..(Lackman, Eleanor) |
| Filing 32 NOTICE OF APPEARANCE by Scott Alan Burroughs on behalf of Elliot McGucken..(Burroughs, Scott) |
| Filing 31 CASE TRANSFERRED IN from the United States District Court - District of California Central; Case Number: 2:22-cv-05476. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Andrew L. Carter, Jr.. 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..(tro) |
| Magistrate Judge Sarah L. Cave 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. (tro) |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions..(tro) |
| Case Designated ECF. (tro) |
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Filing 30
MINUTES OF IN CHAMBERS - ORDER RE DEFENDANT LONELY PLANET'S MOTION TO TRANSFER by Judge Dolly M. Gee: Defendant Lonely Planet Global, Inc.'s motion to transfer this action to the Southern District of New York #21 is GRANTED. Case electronically transferred. ( MD JS-6. Case Terminated. ) Court Reporter: Not Reported. (gk) [Transferred from California Central on 5/23/2023.]
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Filing 29
(IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Defendant's Motion to Transfer #21 presently scheduled for hearing on March 10, 2023, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 5/23/2023.]
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| Filing 28 Notice of Appearance or Withdrawal of Counsel: for attorney Eleanor M Lackman counsel for Defendant Lonely Planet Global Inc. Adding Ian T. Logan as counsel of record for Lonely Planet Global, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Lonely Planet Global, Inc.. (Lackman, Eleanor) [Transferred from California Central on 5/23/2023.] |
| Filing 27 REPLY Support of NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #21 filed by Defendant Lonely Planet Global Inc. (Lackman, Eleanor) [Transferred from California Central on 5/23/2023.] |
| Filing 26 REQUEST FOR JUDICIAL NOTICE re: OPPOSITION re: NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #25 filed by Plaintiff Elliot McGucken. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 25 OPPOSITION re: NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #21 filed by Plaintiff Elliot McGucken. (Attachments: #1 Declaration of Dr. Elliot McGucken, #2 Declaration of Frank Trechsel, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 24 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Document RE: NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #21 . The following error(s) was/were found: Pursuant to Local Rule 7-3, the conference of counsel should take place at least seven days prior to the filing of the motion. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (gk) [Transferred from California Central on 5/23/2023.] |
| Filing 23 NOTICE of Interested Parties filed by Defendant Lonely Planet Global Inc, identifying LinkOffers, LLC. (Lackman, Eleanor) [Transferred from California Central on 5/23/2023.] |
| Filing 22 REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York #21 filed by Defendant Lonely Planet Global Inc. (Lackman, Eleanor) [Transferred from California Central on 5/23/2023.] |
| Filing 21 NOTICE OF MOTION AND MOTION to Transfer Case to United States District Court for the Southern District of New York filed by Defendant Lonely Planet Global Inc. Motion set for hearing on 3/10/2023 at 09:30 AM before Judge Dolly M. Gee. (Attachments: #1 Declaration of Eleanor M. Lackman, #2 Declaration of Philippe von Borries, #3 Proposed Order) (Lackman, Eleanor) [Transferred from California Central on 5/23/2023.] |
| Filing 20 Notice of Appearance or Withdrawal of Counsel: for attorney Eleanor M Lackman counsel for Defendant Lonely Planet Global Inc. Adding Eleanor M. Lackman as counsel of record for Lonely Planet Global, Inc. for the reason indicated in the G-123 Notice. Filed by Defendant Lonely Planet Global, Inc.. (Attorney Eleanor M Lackman added to party Lonely Planet Global Inc(pty:dft))(Lackman, Eleanor) [Transferred from California Central on 5/23/2023.] |
| Filing 19 NOTICE OF DISMISSAL filed by Plaintiff Elliot McGucken pursuant to FRCP 41a(1) (A)(i) as to Does. (Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
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Filing 18
ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT by Judge Dolly M. Gee: Upon Stipulation #17 , the Court hereby orders that Defendant shall have until and including 2/3/2023, to answer or otherwise respond to the First Amended Complaint #12 . (gk) [Transferred from California Central on 5/23/2023.]
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| Filing 17 STIPULATION Extending Time to Answer the complaint as to Lonely Planet Global Inc answer now due 2/3/2023, re Amended Complaint/Petition #12 filed by Defendant Lonely Planet Global Inc. (Attachments: #1 Proposed Order Granting Stipulation to Extend Time to Respond to First Amended Complaint)(Attorney Diana Palacios added to party Lonely Planet Global Inc(pty:dft))(Palacios, Diana) [Transferred from California Central on 5/23/2023.] |
| Filing 16 PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant Lonely Planet Global Inc served on 12/14/2022, answer due 1/4/2023. Service of the Summons and Complaint were executed upon Corporation Service Company c/o Lynanne Gares\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 15 21-Day Summons Issued re First Amended Complaint #12 as to Defendant Lonely Planet Global, Inc. and Does 1-10, inclusive. (gk) [Transferred from California Central on 5/23/2023.] |
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Filing 14
(IN CHAMBERS) ORDER by Judge Dolly M. Gee. The Order to Show Cause, dated December 8, 2022 is DISCHARGED #11 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY [Transferred from California Central on 5/23/2023.]
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| Filing 13 Request for Clerk to Issue Summons on Amended Complaint/Petition #12 filed by Plaintiff Elliot McGucken. (Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 12 FIRST AMENDED COMPLAINT against Defendant Does, Lonely Planet USA, LLC amending Complaint (Attorney Civil Case Opening) #1 , filed by Plaintiff Elliot McGucken (Attachments: #1 Exhibit A, #2 Exhibit B)(Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
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Filing 11
MINUTE ORDER IN CHAMBERS - ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. Absent a showing of good cause, an action must be dismissed without prejudice if the summons and complaint are not served on a defendant within 90 days after the complaint is filed. See Fed. R. Civ. P. 4(m). Generally, defendant must answer the complaint within 21 days after service (60 days if the defendant is the United States). In the present case, it appears that these time periods have not been met. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or before December 15, 2022 why this action should not be dismissed for lack of prosecution. (lom) [Transferred from California Central on 5/23/2023.]
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Filing 10
INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) [Transferred from California Central on 5/23/2023.]
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| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Lonely Planet USA, LLC. (car) [Transferred from California Central on 5/23/2023.] |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (car) [Transferred from California Central on 5/23/2023.] |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (car) [Transferred from California Central on 5/23/2023.] |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Dolly M. Gee and Magistrate Judge Steve Kim. (car) [Transferred from California Central on 5/23/2023.] |
| Filing 5 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Dr. Elliot McGucken. (Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 4 NOTICE of Interested Parties filed by Plaintiff Dr. Elliot McGucken, (Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 3 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Dr. Elliot McGucken. (Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff Dr. Elliot McGucken. (Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
| Filing 1 COMPLAINT Receipt No: ACACDC-33754545 - Fee: $402, filed by Plaintiff Dr. Elliot McGucken. (Attorney Scott A. Burroughs added to party Dr. Elliot McGucken(pty:pla))(Burroughs, Scott) [Transferred from California Central on 5/23/2023.] |
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