Chosen Figure LLC v. Fendi North America, Inc.
| Chosen Figure LLC |
| Fendi North America, Inc. |
| 1:2023cv08067 |
| September 12, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Copyright |
| 17 U.S.C. ยง 501 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 12
NOTICE OF DISMISSAL WITHOUT PREJUDICE: Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff Chosen Figure LLC, by and through its undersigned counsel, hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice, against Defendant Fendi North America Inc., each party to bear its own costs and attorney's fees. IT IS HEREBY ORDERED THAT all previously scheduled deadlines are CANCELLED. IT IS FURTHER ORDERED that this case is DISMISSED without prejudice and without costs (includingattorneys' fees) to either party. The Clerk of Court is respectfully directed to terminate all open motions and to CLOSE the case. SO ORDERED., Fendi North America, Inc. terminated. (Signed by Judge Valerie E. Caproni on 10/12/2023) (ama)
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| Filing 11 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 10/11/2023 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (tp) |
| Filing 10 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Fendi North America, Inc.. Document filed by Chosen Figure LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Freeman, James) |
| Filing 9 NOTICE OF APPEARANCE by Robert E. Shapiro on behalf of Fendi North America, Inc...(Shapiro, Robert) |
| Filing 8 SUMMONS RETURNED EXECUTED. Fendi North America, Inc. served on 9/20/2023, answer due 10/11/2023. Service was accepted by Nancy Dougherty, Clerk. Document filed by Chosen Figure LLC..(Sanders, Craig) |
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Filing 7
MEDIATION REFERRAL ORDER: This case, involving claims under the Copyright Act, 17 U.S.C. 101 et seq., has been assigned to this Court for all purposes. In the Court's experience, cases involving copyright claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference, the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. The parties are hereby notified that Local Rule 83.9 shall govern the mediation, and the parties are directed to participate in the mediation in good faith. No later than one week after the conclusion of allmediation in this case, the parties are directed to notify the Court whether they successfully resolved the case in mediation. The Court specifically requests that a mediator with expertise in copyright matters be assigned.To facilitate prompt mediation, the Court ORDERS Plaintiff: to file proof of service no more than three days after service has been effected; to serve Defendant(s) with a copy of this Mediation Referral Order and file proof of service no more than one week after this Order is entered; and to produce to Defendant(s), by the earlier of 1) 14 days after service of process or 2)three business days in advance of any mediation session, copies of records sufficient to show the royalty paid the last three times the picture that is at issue in this case was licensed, as well as the number of times the picture was licensed in the last five years; if the picture at issue has never been licensed, Plaintiff must expressly certify that fact to Defendant(s) as part of Plaintiff's production. Defendant(s) are directed to file a notice of appearance within 14 days of the service of process. The Court further directs that, upon a Defendant's timely filing of a notice of appearance, the deadline for that Defendant to answer or otherwise respond to the Complaint shall be extended until 30 days after the conclusion of all Mediation in this case. If Plaintiff has effected service on a Defendant, and that Defendant has failed to appear inthe case or respond to the Complaint, Plaintiff must move for a default judgment against that Defendant in accordance with this Court's Individual Practices no later than 45 days after the date of the service of the Complaint. The mediation will have no effect upon any scheduling Order issued by this Court without leave of this Court. Mediators will be assigned based on the nature of suit. Additional expertise requests should promptly be directed to the Mediation Office. SO ORDERED. 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 9/27/2023. (Signed by Judge Valerie E. Caproni on 9/13/2023) (ama)
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| Filing 6 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. (vf) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Fendi North America, Inc.. (vf) |
| Magistrate Judge Sarah Netburn 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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) |
| Case Designated ECF. (vf) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Sanders, Craig) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Fendi North America, Inc., re: #1 Complaint. Document filed by Chosen Figure LLC..(Sanders, Craig) |
| Filing 2 CIVIL COVER SHEET filed..(Sanders, Craig) |
| Filing 1 COMPLAINT against Fendi North America, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28276281)Document filed by Chosen Figure LLC. (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing Use of Photograph).(Sanders, Craig) |
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| Plaintiff: Chosen Figure LLC | |
| Represented By: | Craig B. Sanders |
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| Defendant: Fendi North America, Inc. | |
| Represented By: | Robert E. Shapiro |
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