Sibanda v. Elison et al
| Attorney Kissinger N Sibanda and Kissinger N Sibanda |
| David Elison, Skydance Productions, LLC, David Benioff, Billy Ray, Darren Lemmke, Gemini Picture, LLC, Darren Lemke, Gemini Pictures, LLC, FOSUN PICTURES INC, Ashlee Lin and David Ellison |
| 1:2023cv05752 |
| July 5, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Copyright |
| 17 U.S.C. § 501 Copyright Infringement |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2023. A more recent docket listing may be available from PACER.
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Filing 68
MEMO ENDORSEMENT on re: #67 Letter, filed by Kissinger N Sibanda. ENDORSEMENT: If (but only if) Defendant Ashlee Lin seeks to represent another Defendant in this case, she shall file a response to Plaintiff's letter. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/21/2023) (tg)
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Filing 67
FIRST LETTER addressed to Judge Jesse M. Furman from Kissinger N. Sibanda dated August 19 th, 2023 re: Request For Order: Verification of Ashlee Lin Status and Appointment as attorney For Defendants. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 66
WAIVER OF SERVICE RETURNED EXECUTED. Darren Lemke waiver sent on 8/14/2023, answer due 10/13/2023. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 65
WAIVER OF SERVICE RETURNED EXECUTED. Billy Ray waiver sent on 8/10/2023, answer due 10/10/2023. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 64
WAIVER OF SERVICE RETURNED EXECUTED. David Benioff waiver sent on 8/9/2023, answer due 10/10/2023. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 63
ELECTRONIC AMENDED SUMMONS ISSUED as to David Benioff. (vf)
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Filing 62
ELECTRONIC AMENDED SUMMONS ISSUED as to Darren Lemke. (vf)
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Filing 61
ELECTRONIC AMENDED SUMMONS ISSUED as to Billy Ray. (vf)
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Filing 60
NOTICE OF APPEARANCE by Evangelos Michailidis on behalf of Ashlee Lin..(Michailidis, Evangelos)
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Filing 59
NOTICE OF APPEARANCE by Angelo George Labate on behalf of Ashlee Lin..(Labate, Angelo)
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Filing 58
WAIVER OF SERVICE RETURNED EXECUTED. Skydance Productions, LLC waiver sent on 7/25/2023, answer due 9/25/2023. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 57
WAIVER OF SERVICE RETURNED EXECUTED. Gemini Pictures, LLC waiver sent on 7/25/2023, answer due 9/25/2023. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 56
WAIVER OF SERVICE RETURNED EXECUTED. Ashlee Lin waiver sent on 7/25/2023, answer due 9/25/2023. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 55
WAIVER OF SERVICE RETURNED EXECUTED. David Ellison waiver sent on 7/25/2023, answer due 9/25/2023. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 54
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to DAVID BENIOFF, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 53
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to DARREN LEMKE, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 52
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to BILLY RAY, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 51
ELECTRONIC AMENDED SUMMONS ISSUED as to Gemini Pictures, LLC..(jgo)
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Filing 50
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEMINI PICTURES, LLC, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 49
ELECTRONIC AMENDED SUMMONS ISSUED as to Skydance Productions, LLC. (vf)
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Filing 48
ELECTRONIC SUMMONS ISSUED as to FOSUN PICTURES INC. (vf)
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Filing 47
ELECTRONIC SUMMONS ISSUED as to David Ellison. (vf)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #46 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): Defendant Party Name Error. Defendant party name listed on Summons and ECF Docket Entry does not correspond exactly to pleading caption. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
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Filing 46
FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GERMINI PICTURES, LLC, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/24/2023 (vf).
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Filing 45
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to SKYDANCE PRODUCTIONS, LLC, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 44
REQUEST FOR ISSUANCE OF SUMMONS as to FOSUN PICTURES INC, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 43
REQUEST FOR ISSUANCE OF SUMMONS as to DAVID ELLISON, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 42
ELECTRONIC SUMMONS ISSUED as to Ashlee Lin..(jgo)
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Filing 41
REQUEST FOR ISSUANCE OF SUMMONS as to ASHLEE LIN, re: #40 Amended Complaint,,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 40
FIRST AMENDED COMPLAINT amending #1 Complaint,, against David Benioff, David Elison, FOSUN PICTURES INC, Gemini Pictures, LLC, Darren Lemke, Billy Ray, Skydance Productions, LLC, Ashlee Lin, David Ellison with JURY DEMAND.Document filed by Kissinger N Sibanda. Related document: #1 Complaint,,. (Attachments: #1 Exhibit Physical book mailed to clerk, #2 Exhibit Physical film mailed to clerk of court, #3 Exhibit release, #4 Exhibit news article - South Africa, #5 Exhibit library of congress record, #6 Exhibit copyright page - The rEturn to Gibraltar, #7 Exhibit email to Ashlee Lin from plaintiff, #8 Exhibit mandate of court CACD, #9 Exhibit late dismissal, #10 Exhibit Ninth circuit appellant brief ( KN Sibanda)).(Sibanda, Kissinger)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kissinger Nkosinathi Sibanda to RE-FILE re: Document No. #32 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add David Ellison and Ashlee Lin; all of the parties whom the pleading is against were not selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #37 Request for Issuance of Amended Summons, #34 Request for Issuance of Amended Summons, #35 Request for Issuance of Amended Summons, #39 Request for Issuance of Summons, #33 Request for Issuance of Amended Summons, #36 Request for Issuance of Amended Summons, #38 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the summons request was not processed due to deficient pleading. 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. (jgo)
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Filing 39
REQUEST FOR ISSUANCE OF SUMMONS as to FOSUN PICTURES INC, re: #32 Amended Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 38
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to DARREN LEMKE, re: #32 Amended Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 37
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to BILLY RAY, re: #32 Amended Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 36
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to SKYDANCE PRODUCTIONS LLC, re: #32 Amended Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 35
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to GEMINI PICTURES LLC, re: #32 Amended Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 34
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to DAVID BENIOFF, re: #32 Amended Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 33
REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to DAVID ELISON, re: #32 Amended Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 32
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR FIRST AMENDED COMPLAINT amending #1 Complaint,, against David Benioff, David Elison, Gemini Pictures, LLC, Darren Lemke, Billy Ray, Skydance Productions, LLC, FOSUN PICTURES INC with JURY DEMAND.Document filed by Kissinger N Sibanda. Related document: #1 Complaint,,. (Attachments: #1 Exhibit List of exhibits, #2 Exhibit Physical book - mailed to clerk, #3 Exhibit Film - Gemini Man - mailed, #4 Exhibit Release, #5 Exhibit Newsarticle, #6 Exhibit Library of congress record, #7 Exhibit ReturnToGibraltar - copyright page, #8 Exhibit Email to Ashlee Lin, #9 Exhibit Mandate of court, #10 Exhibit Request for dismissal in first case).(Sibanda, Kissinger) Modified on 7/20/2023 (jgo).
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Filing 31
ELECTRONIC SUMMONS ISSUED as to Skydance Productions, LLC..(jgo)
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Filing 30
ELECTRONIC SUMMONS ISSUED as to Gemini Pictures, LLC..(jgo)
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Filing 29
ELECTRONIC SUMMONS ISSUED as to David Elison..(jgo)
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Filing 28
ELECTRONIC SUMMONS ISSUED as to David Benioff..(jgo)
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Filing 27
ELECTRONIC SUMMONS ISSUED as to Darren Lemke..(jgo)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to Billy Ray..(jgo)
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Filing 24
REQUEST FOR ISSUANCE OF SUMMONS as to GEMINI PICTURES, LLC, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 23
REQUEST FOR ISSUANCE OF SUMMONS as to DAVID BENIOFF, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 22
REQUEST FOR ISSUANCE OF SUMMONS as to SKYDANCE PRODUCTIONS, LLC, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 21
REQUEST FOR ISSUANCE OF SUMMONS as to DARREN LEMKE, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 20
REQUEST FOR ISSUANCE OF SUMMONS as to Billy Ray, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to David Elison, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #18 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; all of the party names whom summons is for must be listed on the docket entry text;. 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. (jgo)
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Filing 18
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to David Elison, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/12/2023 (jgo).
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Filing 17
MEMO ENDORSED ORDER granting #8 Motion to Strike docket entry and document #8 FIRST MOTION to Strike Document No. #6 EX PARTE MOTION TO STRIKE. filed by Kissinger N Sibanda, #6 Amended Complaint,, filed by Kissinger N Sibanda from the record. ENDORSEMENT: Application GRANTED. The Clerk of Court is directed to strike ECF No. 6 and terminate ECF No. 8. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/11/23) (yv)
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Filing 16
FIRST LETTER addressed to Judge Jesse M. Furman from Kissinger N. Sibanda dated July 10th, 2023 re: ECF HELPDESK ERROR. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 15
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..(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #10 Request for Issuance of Summons, #9 Request for Issuance of Summons, #14 Request for Issuance of Summons, #13 Request for Issuance of Summons, #12 Request for Issuance of Summons, #11 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; summons request must be linked to the superseding pleading;. 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. (jgo)
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Filing 14
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to DARREN LEMKE, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/10/2023 (jgo).
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Filing 13
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to GEMINI PICTURES, LLC, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/10/2023 (jgo).
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Filing 12
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to SKYDANCE PRODUCTIONS, LLC, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/10/2023 (jgo).
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Filing 11
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to BILLY RAY, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/10/2023 (jgo).
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Filing 10
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to DAVID BENIOFF, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/10/2023 (jgo).
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Filing 9
FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to DAVID ELISON, re: #1 Complaint,,. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger) Modified on 7/10/2023 (jgo).
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Filing 8
FIRST MOTION to Strike Document No. #6 EX PARTE MOTION TO STRIKE. Document filed by Kissinger N Sibanda..(Sibanda, Kissinger)
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Filing 7
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Sibanda, Kissinger)
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Filing 6
***STRICKEN DOCUMENT. Document number 6 has been stricken from the case record. The document was stricken from this case pursuant to 17 Order . FIRST AMENDED COMPLAINT amending #1 Complaint,, against David Benioff, David Elison, Gemini Pictures, LLC, Darren Lemke, Billy Ray, Skydance Productions, LLC with JURY DEMAND.Document filed by Kissinger N Sibanda. Related document: #1 Complaint,,. (Attachments: #1 Appendix appendix, #2 Exhibit physical evidence, #3 Exhibit physical evidence, #4 Exhibit news article, #5 Exhibit release, #6 Exhibit library of congress, #7 Exhibit copyright, #8 Exhibit email from Dr.Sibanda to Ms. LIn, #9 Exhibit mandate from court, #10 Exhibit Rule 41 filing by defendants).(Sibanda, Kissinger) Modified on 7/11/2023 (yv).
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Filing 5
CIVIL COVER SHEET filed..(Sibanda, Kissinger)
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Filing 4
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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Case Designated ECF. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kissinger Nkosinathi Sibanda. The party information for the following party/parties has been modified: Skydance Productions, LLC, Gemini Picture, LLC, Darren Lemmke. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (pc)
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Magistrate Judge Katharine H. Parker 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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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kissinger Nkosinathi Sibanda. The following case opening statistical information was erroneously selected/entered: Dollar Demand $5,400,000,000; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $5,400,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kissinger Nkosinathi Sibanda to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): Multiple jurisdictions were selected. Choose one. If Jurisdiction is Federal Question, do not fill out citizenships of principal parties;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (pc)
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Filing 3
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Sibanda, Kissinger)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Sibanda, Kissinger) Modified on 7/7/2023 (pc).
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Filing 1
COMPLAINT against David Benioff, David Elison, Gemini Picture, LLC, Darren Lemmke, Billy Ray, Skydance Productions, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-27963188)Document filed by Kissinger N Sibanda. (Attachments: #1 Appendix exhibit list, #2 Exhibit Physical book, #3 Exhibit Physical film, #4 Exhibit News article, #5 Exhibit Release WME, #6 Exhibit Copyright evidence, #7 Exhibit copyright evidence, #8 Exhibit email from Dr.Sibanda to Ashlee lIn, #9 Exhibit mandate, #10 Exhibit late Rule 41.a notice).(Sibanda, Kissinger)
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Kissinger Nkosinathi Sibanda. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj)
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***NOTICE TO ATTORNEY TO FILE CIVIL INITIAL PLEADING. Notice to Attorney Kissinger Nkosinathi Sibanda to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Amended Standing Order 15-mc-00131. Initial Pleading due by 7/11/2023. (sj)
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