O'Dowd et al v. MEP Capital Holdings III, L.P. et al
| GEORGE ODOWD, MICHAEL CRAIG and George O'Dowd |
| MEP Capital Holdings III, L.P., MEP Capital III GP, LLC and Caspert Management Co., Inc. |
| 1:2023cv07958 |
| September 8, 2023 |
| US District Court for the Southern District of New York |
| Denise L Cote |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| None |
Docket Report
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Filing 35
ORDER: Having received the plaintiffs' letter dated November 2, 2023, it is hereby ORDERED that the November 17, 2023 initial pretrial conference is rescheduled to November 17 at 10:30am in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, NY 10007., ( Initial Conference set for 11/17/2023 at 10:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/03/2023) (ama)
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| Filing 34 FIRST LETTER MOTION to Adjourn Conference scheduled for November 17, 2023 at 2:30pm (ECF 28) addressed to Judge Denise L. Cote from Michael S. Lazaroff dated November 2, 2023. Document filed by Michael Craig, George O'Dowd..(Lazaroff, Michael) |
| Filing 33 ANSWER to #1 Complaint,,., COUNTERCLAIM against Michael Craig, George O'Dowd. Document filed by MEP Capital III GP, LLC, MEP Capital Holdings III, L.P.. (Attachments: #1 Exhibit A - Note Purchase Agreement, #2 Exhibit B - O'Dowd Key Person Representations, #3 Exhibit C - Craig Key Person Representations, #4 Exhibit D - Copyright Security Agreement, #5 Exhibit E - O'Dowd Guaranty, #6 Exhibit F - Craig Guaranty, #7 Exhibit G - May 26, 2023 Letter).(Wlodinguer, Julie) |
| Filing 32 ANSWER to #1 Complaint,,. Document filed by Caspert Management Co., Inc...(Wlodinguer, Julie) |
| Filing 31 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MEP Capital Holdings III, L.P., MEP Capital III GP, LLC..(Wlodinguer, Julie) |
| Filing 30 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Caspert Management Co., Inc...(Wlodinguer, Julie) |
| Filing 29 NOTICE OF APPEARANCE by Julie B. Wlodinguer on behalf of Caspert Management Co., Inc...(Wlodinguer, Julie) |
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Filing 28
ORDER: It is hereby ORDERED that the November 16, 2023 initial pretrial conference is rescheduled to November 17, 2023 at 2:30pm in Courtroom 18B, United States Courthouse, 500 Pearl Street, New York, NY 10007. Initial Conference set for 11/17/2023 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 10/31/2023) (vfr)
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Filing 27
ORDER granting #26 Motion for Mark S. Lee to Appear Pro Hac Vice (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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| Filing 26 MOTION for Mark S. Lee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by George O'Dowd. (Attachments: #1 Affidavit Declaration of Mark S. Lee in Support of Motion for Admission Pro Hac Vice, #2 Exhibit Supreme Court Certificate of Good Standing, #3 Proposed Order Order for Admission Pro Hac Vice).(Lazaroff, Michael) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Mark S. Lee to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) |
| Filing 25 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mark S. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28380859. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by George O'Dowd. (Attachments: #1 Affidavit Declaration of Mark S. Lee in Support of Motion for Admission Pro Hac Vice, #2 Proposed Order Order for Admission Pro Hac Vice).(Lazaroff, Michael) Modified on 10/4/2023 (va). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 MOTION for Mark S. Lee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28380859. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): INK SIGNATURE required when not using own PACER account. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) |
| Filing 24 CERTIFICATE OF SERVICE of Court Order Dated October 2, 2023, Docket Entry No. 21 served on Defendants on October 3, 2023. Service was accepted by Julie B. Wlodinguer of Reitler Kailas & Rosenblatt LLP, counsel for Defendants. Document filed by Michael Craig, George O'Dowd..(Lazaroff, Michael) |
| Filing 23 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) |
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Filing 22
ORDER granting #20 Letter Motion for Extension of Time to Answer re #20 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, and to Set Briefing Schedule addressed to Judge Denise L. Cote from Julie B. Wlodinguer dated September 29, 2023., #1 Complaint,,. The time to answer or respond to extended to 11/1/2023. The schedule for responding to any motion will be addressed at the 11/16/2023 conference. MEP Capital Holdings III, L.P. answer due 11/16/2023; MEP Capital III GP, LLC answer due 11/16/2023. (Signed by Judge Denise L. Cote on 10/2/2023) (tg)
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| Filing 21 NOTICE OF INITIAL PRETRIAL CONFERENCE: Counsel for all parties are directed to appear for an initial pretrial conference with the Court, at the time andplace listed below. DATE AND PLACE OF CONFERENCE: NOVEMBER 16, 2023 AT 2:30P.M. IN COURTROOM 18B AT THE UNITED STATES COURTHOUSE, 500 PEARL STREET, NEW YORK, NEW YORK, 10007. YOU ARE DIRECTED (i) TO SO NOTIFY ALL ATTORNEYS IN THISACTION BY SERVING UPON EACH OF THEM A COPY OF THIS NOTICE AND THE COURT'S INDIVIDUAL PRACTICES FORTHWITH, AND (ii) TO FILE PROOF OF SUCH NOTICE WITH THE COURT. IF YOU ARE UNAWARE OF THE IDENTITY OF COUNSEL FOR ANY OF THE PARTIES, YOU MUST FORTHWITH SEND A COPY OF THE NOTICE AND PRACTICES TO THAT PARTY PERSONALLY. Initial Conference set for 11/16/2023 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 10/02/2023) (ama) |
| Filing 20 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, and to Set Briefing Schedule addressed to Judge Denise L. Cote from Julie B. Wlodinguer dated September 29, 2023. Document filed by Caspert Management Co., Inc., MEP Capital Holdings III, L.P., MEP Capital III GP, LLC..(Wlodinguer, Julie) |
| Filing 19 NOTICE OF APPEARANCE by Julie B. Wlodinguer on behalf of MEP Capital Holdings III, L.P., MEP Capital III GP, LLC..(Wlodinguer, Julie) |
| Filing 18 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit ADDENDUM NO. 1 TO AO 121 FORM).(Lazaroff, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Michael S. Lazaroff to RE-FILE Document No. #14 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 121 Copyright form is not correct. Date Filed Field Error. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form (vf) |
| Filing 17 AFFIDAVIT OF SERVICE of Summons and Complaint,,. MEP Capital III GP, LLC served on 9/12/2023, answer due 10/3/2023. Service was accepted by Nadia Bellamy, Registered Agent, Corporation Trust Company. Document filed by George O'Dowd; Michael Craig..(Lazaroff, Michael) |
| Filing 16 AFFIDAVIT OF SERVICE of Summons and Complaint,,. MEP Capital Holdings III, L.P. served on 9/12/2023, answer due 10/3/2023. Service was accepted by Nadia Bellamy, Registered Agent, Corporation Trust Company. Document filed by George O'Dowd; Michael Craig..(Lazaroff, Michael) |
| Filing 15 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Caspert Management Co., Inc. served on 9/11/2023, answer due 10/2/2023. Service was accepted by Michael Caspert, Authorized Representative. Document filed by George O'Dowd; Michael Craig..(Lazaroff, Michael) |
| Filing 14 FILING ERROR - DEFICIENT- AO 121 FORM COPYRIGHT - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit Addendum No. 1 to AO 121 Form).(Lazaroff, Michael) Modified on 9/19/2023 (vf). |
| Filing 13 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT OF SERVICE of Summons and Complaint,,. MEP Capital III GP, LLC served on 9/12/2023, answer due 11/13/2023. Service was accepted by Nadia Bellamy, Registered Agent, Corporation Trust Company. Document filed by George O'Dowd; Michael Craig..(Lazaroff, Michael) Modified on 9/15/2023 (db). As per ECF-ERROR Email Correspondence received on 9/15/2023 @ 2:57pm. |
| Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT OF SERVICE of Summons and Complaint. MEP Capital Holdings III, L.P. served on 9/12/2023, answer due 11/13/2023. Service was accepted by Nadia Bellamy, Registered Agent, Corporation Trust Company. Document filed by George O'Dowd; Michael Craig..(Lazaroff, Michael) Modified on 9/15/2023 (db). |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT OF SERVICE of Summons and Complaint. Caspert Management Co., Inc. served on 9/11/2023, answer due 11/13/2023. Service was accepted by Michael Caspert, Authorized Representative. Document filed by George O'Dowd; Michael Craig. (Lazaroff, Michael) Modified on 9/15/2023 (db). As per ECF-ERROR Email Correspondence received on 9/15/2023 @ 2:57pm. |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Michael S. Lazaroff to RE-FILE Document No. #10 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 121 Copyright form is not correct; the attached PDF is not the official AO 121 Copyright Form. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (vf) |
| Filing 10 FILING ERROR - DEFICIENT- AO 121 FORM COPYRIGHT - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review. (Attachments: #1 Exhibit Addendum No. 1 to AO 121 Copyright Form).(Lazaroff, Michael) Modified on 9/14/2023 (vf). |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to MEP Capital III GP, LLC..(jgo) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to MEP Capital Holdings III, L.P...(jgo) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Caspert Management Co., Inc...(jgo) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Michael S. Lazaroff to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael S. Lazaroff. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael S. Lazaroff. The party information for the following party/parties has been modified: GEORGE ODOWD; MICHAEL CRAIG; MEP Capital Holdings III, L.P.; MEP Capital III GP, LLC; Caspert Management Co., Inc.. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Robert W. Lehrburger 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. (jgo) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to CASPERT MANAGEMENT CO., INC., re: #1 Complaint,,. Document filed by MICHAEL CRAIG, GEORGE ODOWD..(Lazaroff, Michael) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to MEP CAPITAL III GP, LLC, re: #1 Complaint,,. Document filed by MICHAEL CRAIG, GEORGE ODOWD..(Lazaroff, Michael) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to MEP CAPITAL HOLDINGS III, L.P., re: #1 Complaint,,. Document filed by MICHAEL CRAIG, GEORGE ODOWD..(Lazaroff, Michael) |
| Filing 3 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by MICHAEL CRAIG, GEORGE ODOWD..(Lazaroff, Michael) |
| Filing 2 CIVIL COVER SHEET filed..(Lazaroff, Michael) |
| Filing 1 COMPLAINT against Caspert Management Co., Inc., MEP Capital Holdings III, L.P., MEP Capital III GP, LLC. (Filing Fee $ 402.00, Receipt Number ANYSDC-28259616)Document filed by GEORGE ODOWD, MICHAEL CRAIG. (Attachments: #1 Exhibit 1 - Certificate of Recordation - 3.25.2021, #2 Exhibit 2 - Certificate of Recordation - 3.25.2021, #3 Exhibit 3 - Certificate of Recordation - 3.25.2021, #4 Exhibit 4 - Certificate of Recordation - 3.25.2021, #5 Exhibit 5 - Certificate of Recordation - 3.25.2021, #6 Exhibit 6 - Certificate of Recordation - 3.25.2021, #7 Exhibit 7 - MEP - Senior Secured Note Purchase Agreement, #8 Exhibit 8 - MEP - Copyright Security Agreement, #9 Exhibit 9 - MEP - Bill of Sale).(Lazaroff, Michael) |
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