Schatz et al v. Binary Bits L.L.C.
| Howard Schatz and Beverly Ornstein |
| Binary Bits L.L.C. doing business as FriendsEAT.com |
| 1:2023cv05361 |
| June 23, 2023 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Sarah Netburn |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 16
ORDER denying #15 MOTION to Strike Document No. #14 Pro Se Answer filed by Howard Schatz, Beverly Ornstein from the record. On August 16, 2023, the Honorable Paul A. Engelmayer referred this case to my docket for general pretrial supervision. Before the Court is Plaintiffs' motion to strike ECF No. 14. ECF No. 14 purports to be Defendant's answer to the complaint and was filed by Defendant's managing director, Antonio Evans. ECF No. 15. Plaintiffs' motion to strike is DENIED.Rule 12(f) allows a court to strike from any pleading "any insufficient defense or any redundant, immaterial, impertinent or scandalous matter." Generally, a motion to strike is appropriate when "no evidence of the allegation would be admissible" or when a pleading's allegations are "devoid of factual basis." Weiss v. La Suisse, 131 F. Supp. 2d 446, 450 (S.D.N.Y. 2001) (citations omitted).Plaintiffs' motion is premature. To litigate in federal court, corporate defendants must obtain counsel. See Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 201-02 (1993) ("It has been the law for the better part of two centuries, for example, that a corporation may appear in the federal courts only through licensed counsel."). To date, Defendant Binary Bits LLC has failed to appear through counsel and Antonio Evans does not appear to be a licensed attorney. Accordingly, Defendant is directed to obtain counsel by September 15, 2023, and respond to the complaint by October 15, 2023. The Court encourages Defendant to contact the NYLAG Legal Clinic at 212-659-6190 to receive free legal assistance. Plaintiffs' counsel is directed to serve this Order on pro se Defendant and file proof of same on the docket. Finally, the parties are encouraged to engage in good-faith settlement discussions and are reminded that they may contact Courtroom Deputy Rachel Slusher at Rachel_Slusher@nysd.uscourts.gov to schedule a settlement conference. The Clerk of Court is respectfully directed to close ECF No. 15. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 8/21/2023) (mml)
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NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah Netburn, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Ona T. Wang no longer referred to the case. Motions referred to Sarah Netburn. (vba)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah Netburn. Please note that this is a reassignment of the designation only. (vba)
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Filing 15
MOTION to Strike Document No. #14 Pro Se Answer. Document filed by Beverly Ornstein, Howard Schatz..(Desouza, Daniel)
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Filing 14
LETTER from H. Schatz and B. Ornstein dated 7/18/23 re: We request that the Court consider our response and affirm our adherence to the DMCA and all relevant laws governing digital content etc. Document filed by Beverly Ornstein, Howard Schatz.(sc)
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Filing 13
CLERK'S CERTIFICATE OF DEFAULT as to Binary Bits L.L.C. d/b/a FriendsEAT.com. (tp)
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Filing 12
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Beverly Ornstein, Howard Schatz..(Desouza, Daniel) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
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Filing 11
AFFIRMATION of Daniel DeSouza in Support. Document filed by Beverly Ornstein, Howard Schatz. (Attachments: #1 Appendix Request for Clerk's Certificate of Default).(Desouza, Daniel)
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Filing 10
SUMMONS RETURNED EXECUTED. Binary Bits L.L.C. served on 6/30/2023, answer due 7/21/2023. Service was accepted by Ana Gomes, Administrative Assistant. Document filed by Howard Schatz; Beverly Ornstein..(Desouza, Daniel)
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Filing 9
INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 10/3/2023 at 12:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 6/27/2023) (rro)
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Filing 8
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 Ona T. Wang. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/26/2023) (ama)
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Filing 7
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..(pc)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Binary Bits L.L.C...(pc)
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Case Designated ECF. (pc)
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Magistrate Judge Ona T. Wang 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(pc)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Beverly Ornstein, Howard Schatz..(Desouza, Daniel)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to BINARY BITS L.L.C. d/b/a FRIENDSEAT.COM, re: #1 Complaint. Document filed by Beverly Ornstein, Howard Schatz..(Desouza, Daniel)
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Filing 3
CIVIL COVER SHEET filed..(Desouza, Daniel)
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Filing 2
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Desouza, Daniel)
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Filing 1
COMPLAINT against Binary Bits L.L.C.. (Filing Fee $ 402.00, Receipt Number ANYSDC-27913502)Document filed by Howard Schatz, Beverly Ornstein. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B).(Desouza, Daniel)
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