Breakbeat Media LLC et al v. FM Entertainment LLC
| Breakbeat Media LLC and David Mays |
| FM Entertainment LLC and Marco Summers |
| 1:2023cv07029 |
| August 9, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M Furman |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 28 UNDERTAKING ON TEMPORARY RESTRAINING ORDER BOND, BOND #3511233 in the amount of $5,000 posted by FM Entertainment LLC, Marco Summers.(km) |
| Minute Entry for proceedings held before Judge Jesse M. Furman: Show Cause Hearing re TRO held via teleconference on 10/2/2023. John A. Coleman present for Plaintiffs/Counter Defendants. Kenneth D. Freundlich and Jonah A. Grossbardt present for Defendants/Counter-claimants. Court reporter present. -- See transcript. (ab) |
Filing 27
ORDER GRANTING TEMPORARY RESTRAINING ORDER granting #19 Motion for TRO. Accordingly, IT IS HEREBY ORDERED that Breakbeat, and any employees, agents, servants, officers, representatives, directors, attorneys, successors, affiliates, assigns and entities owned or controlled by Breakbeat, and all those in active concert and participation with any of them who receive notice directly or otherwise of this order are hereby temporarily restrained and enjoined from submitting notices to any service provider representing that Summers's content infringes any purported copyright or other intellectual property rights of Breakbeat, its agents, or employees. IT IS FURTHER ORDERED that Summers shall post a $5,000 bond. As discussed on the record at the conference held earlier today, Breakbeat shall file any opposition to Summers's motion for a preliminary injunction by October 13, 2023; any reply shall be filed by October 20, 2023. In light of Breakbeat's consent on the record, this temporary restraining order shall remain in effect until the Court rules on Summers's motion for a preliminary injunction. See Fed. R. Civ. P. 65(b)(2). (Signed by Judge Jesse M. Furman on 10/2/2023) (ate) Transmission to Finance Unit (Cashiers) for processing.
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| ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. #25 Proposed Order to Show Cause With Emergency Relief, #24 Proposed Temporary Restraining Order was reviewed and approved as to form. (nd) |
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Filing 26
ORDER with respect to #19 Motion for TRO: In light Counterclaimants' Motion, the Court will hold a conference by telephone on Monday, October 2, 2023, at 3:00 p.m. The conference will be held in accordance with Rule 3(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Counsel should review and comply with the rules regarding teleconferences in the Court's Individual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. Finally, the parties shall confer in advance of the conference with respect to next steps (including whether there is a need for discovery or an evidentiary hearing in connection with the motion) and may, but are not required to, file a joint letter addressing those issues by Monday, October 2, 2023, at 10:00 a.m. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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| Filing 25 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by FM Entertainment LLC, Marco Summers. Related Document Number: #18 ..(Freundlich, Kenneth) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 24 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by FM Entertainment LLC, Marco Summers. Related Document Number: #18 ..(Freundlich, Kenneth) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 23 DECLARATION of Jonah Grossbardt in Support re: #19 MOTION for Temporary Restraining Order .. Document filed by FM Entertainment LLC, Marco Summers. (Attachments: #1 Exhibit 4 - Letters from counsel, #2 Exhibit 6 - Video Takedown screens, #3 Exhibit 7 - DMCA Screen for filing).(Freundlich, Kenneth) |
| Filing 22 DECLARATION of Harvey Sutton in Support re: #19 MOTION for Temporary Restraining Order .. Document filed by FM Entertainment LLC, Marco Summers. (Attachments: #1 Exhibit 2 - YouTube Takedown, #2 Exhibit 3 - YouTube Counter, #3 Exhibit 5 - YouTube Response).(Freundlich, Kenneth) |
| Filing 21 DECLARATION of Marco Summers in Support re: #19 MOTION for Temporary Restraining Order .. Document filed by FM Entertainment LLC, Marco Summers. (Attachments: #1 Exhibit 1- Podcast Agreement).(Freundlich, Kenneth) |
| Filing 20 MEMORANDUM OF LAW in Support re: #19 MOTION for Temporary Restraining Order . . Document filed by FM Entertainment LLC, Marco Summers..(Freundlich, Kenneth) |
| Filing 19 MOTION for Temporary Restraining Order . Document filed by FM Entertainment LLC, Marco Summers..(Freundlich, Kenneth) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.) |
| Filing 18 ANSWER to #10 Amended Complaint with JURY DEMAND., COUNTERCLAIM against Breakbeat Media LLC, David Mays. Document filed by Marco Summers. (Attachments: #1 Exhibit 1 - YouTube Takedown No, #2 Exhibit 2 - YouTube copyright takedown screen, #3 Exhibit 3 - YouTube Counter-Notices, #4 Exhibit 4 - letters to Counterclaim Defendants and AdShare, #5 Exhibit 5 - YouTubes response to the Counter- Notification, #6 Exhibit 6 - disabled New Content).(Freundlich, Kenneth) |
| NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/26/2023.(sge) |
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Filing 17
MEMO ENDORSEMENT: on re: #16 Letter filed by FM Entertainment LLC, Marco Summers. ENDORSEMENT: SO ORDERED., FM Entertainment LLC answer due 9/27/2023; Marco Summers answer due 9/27/2023. (Signed by Judge Jesse M. Furman on 9/21/2023) (ama)
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| Filing 16 LETTER addressed to Judge Jesse M. Furman from Jonah A. Grossbardt dated September 21, 2023 re: Clarification of Defendants' Response to Amended Complaint Deadline. Document filed by FM Entertainment LLC, Marco Summers..(Grossabrdt, Jonah) |
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Filing 15
MEDIATION REFERRAL ORDER: It is hereby ORDERED that this case is referred for mediation to the Court-annexed Mediation Program. The parties are hereby notified that Local Rule 83.9 shall govern the mediation and are directed to participate in the mediation in good faith. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. SO ORDERED. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. Please reference the following when corresponding with the Mediation Office. E-mail MediationOffice@nysd.uscourts.gov, telephone (212) 805-0643, and facsimile (212) 805-0647.( Mediator to be Assigned by 9/29/2023.) (Signed by Judge Jesse M. Furman on 9/15/23) (yv)
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Filing 14
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 10/23/2023. Deposition due by 3/6/2024. Fact Discovery due by 1/19/2024. Expert Discovery due by 3/6/2024. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is 7-10 days. Telephone Conference set for 1/25/2024 at 09:00 AM before Judge Jesse M. Furman. Unless and until the Court orders otherwise, the conference will be held remotely by telephone in accordance with Paragraph 2.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. The initial pretrial conference scheduled for September 21, 2023, see ECF No. 5, is hereby CANCELLED. The parties should note the date of the next pretrial conference on the previous page. By separate Order to be entered today, the Court is referring this case to the Court-annexed mediation program. The Court urges both sides to make good faith efforts to settle as the case seems like it can and should be settled. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/15/23) (yv)
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| Filing 13 JOINT LETTER addressed to Judge Jesse M. Furman from Jonah A. Grossbardt dated September 14, 2023 re: Initial Case Management Conference. Document filed by FM Entertainment LLC, Marco Summers. (Attachments: #1 Exhibit Civil Case Management Plan and Scheduling Order).(Grossabrdt, Jonah) |
| Filing 12 NOTICE OF APPEARANCE by Jonah A. Grossabrdt on behalf of FM Entertainment LLC, Marco Summers..(Grossabrdt, Jonah) |
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Filing 11
ORDER Counsel are reminded that, per the Courts earlier Scheduling Order, they must submit their proposed case management plan and joint letter by the Thursday prior to the upcoming conference. The parties should indicate in their joint letter whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not (or if the Court concludes that, the parties' views notwithstanding, a conference should be held), the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. Unless and until the Court orders otherwise, however, the conference will proceed and will do so on the date and time previously set. In the event a conference is held, the parties should join it by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. Further, counsel should review and comply with the procedures for telephone conferences set forth in the Courts Individual Rules and Practices for Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman, including Rule 3(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with the names and honorifics (e.g., Mr., Ms., Dr., etc.) of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/11/2023) (jca)
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| Filing 10 FIRST AMENDED COMPLAINT against FM Entertainment LLC, Marco Summers with JURY DEMAND.Document filed by Breakbeat Media LLC, David Mays. (Attachments: #1 Exhibit Podcast Agreement).(Coleman, John) |
| Filing 9 NOTICE OF APPEARANCE by John Alvin Coleman, Jr on behalf of Breakbeat Media LLC, David Mays..(Coleman, John) |
| Filing 8 NOTICE OF APPEARANCE by John Alvin Coleman, Jr on behalf of Breakbeat Media LLC..(Coleman, John) |
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Filing 7
ORDER granting #6 Letter Motion for Extension of Time. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 6. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/15/23) (yv)
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| Set/Reset Deadlines: All Defendants. (yv) |
| Filing 6 LETTER MOTION for Extension of Time TO RESPOND TO COMPLAINT addressed to Judge Jesse M. Furman from Kenneth D. Freundlich dated August 14, 2023. Document filed by FM Entertainment LLC, Marco Summers. Return Date set for 8/14/2023 at 05:00 PM..(Freundlich, Kenneth) |
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Filing 5
NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held remotely by telephone in accordance with Paragraph 3.B of the Court's Individual Rules and Practices in Civil Cases. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using code 542-1540, followed by the pound (#) key. As further set forth by this Order. SO ORDERED. Initial Conference set for 9/21/2023 at 09:00 AM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 8/11/2023) (tg)
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| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kenneth David Freundlich. The party information for the following party/parties has been modified: Marco Summers, FM Entertainment LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted. (vf) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kenneth David Freundlich. The following case opening statistical information was erroneously selected/entered: Cause of Action code Civil Miscellaneous Case - Other; County code New York; Fee Status code due (due). The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1332bc Diversity-Breach of Contract; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid). (vf) |
| 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..(vf) |
| 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 4 DEMAND for Trial by Jury. Document filed by FM Entertainment LLC, Marco Summers.(Freundlich, Kenneth) |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by FM Entertainment LLC, Marco Summers..(Freundlich, Kenneth) |
| Filing 2 CIVIL COVER SHEET filed..(Freundlich, Kenneth) |
| Filing 1 NOTICE OF REMOVAL from SUPREME COURT, County of NEW YORK. Case Number: 653334/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-28125668).Document filed by Marco Summers, FM Entertainment LLC. (Attachments: #1 Exhibit A: Summons and Complaint State Court, #2 Exhibit B: Stip re Service and Response Time).(Freundlich, Kenneth) |
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