Moallem v. Russo et al
| Bruce Moallem |
| Sebastian Russo and Disintegration Records LLC |
| DOES 1-10 |
| 1:2023cv11297 |
| December 29, 2023 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Gabriel W Gorenstein |
| Other Statutory Actions |
| 28 U.S.C. § 2201 cp Declaratory Judgment (Copyright) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 16, 2024. A more recent docket listing may be available from PACER.
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| MAILING RECEIPT: Document No: 14-16,19,21. Mailed to: Sebastian Russo 3260 Thames Way Miramar, FL 33025. (sha) |
Filing 21
ORDER granting #20 Letter Motion to Adjourn Conference. The conference scheduled for March 5, 2024, is an initial conference, not a settlement conference. The Court assumes that the parties nonetheless seek the adjournment of that conference as requested in this letter. Accordingly, the Rule 16 conference scheduled for March 5, 2024 (per the Order of January 31, 2024 (Docket # 16)), is adjourned to April 19, 2024, at 11:30 a.m. The same dial-in instructions apply. That is, the parties shall dial 646-453-4442 and use phone conference ID: 917 538534# The Court notes further that the docket sheet does not reflect that the Clerk mailed a copy of Docket # 14, 15, 16 or 19 to pro se defendant Sebastian Russo. Accordingly, the Clerk is directed to mail a copy of Docket # 14, 15, 16 and 19 to Sebastian Russo (as well a copy of this Order and all future orders). So Ordered. Initial Conference set for 4/19/2024 at 11:30 AM before Magistrate Judge Gabriel W. Gorenstein.. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/15/2024) (tg) Transmission to Docket Assistant Clerk for processing.
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| Filing 20 LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Gabriel W. Gorenstein from Albert J. Soler dated February 14, 2024. Document filed by Bruce Moallem..(Soler, Alberto) |
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Filing 19
MEMO ENDORSEMENT on re: #18 Letter filed by Bruce Moallem, Bruce Moallem answer due 4/1/2024. ENDORSEMENT: Application GRANTED in part. Plaintiff's response to Defendant's counterclaim must be filed no later than April 1, 2024. Plaintiff's deadline to move for an order to show cause why default judgment should not be entered against Defendant Disintegration Records LLC and Does 1-10 is April 8, 2024. A request to adjourn the settlement conference currently scheduled for March 5, 2024, must be made directly to Judge Gorenstein. SO ORDERED. ( Motions due by 4/8/2024.) (Signed by Judge Valerie E. Caproni on 2/8/2024) (tg)
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| Filing 18 LETTER addressed to Judge Valerie E. Caproni from Albert J. Soler dated February 8, 2024 re: Continuance Request. Document filed by Bruce Moallem..(Soler, Alberto) |
| Filing 17 AFFIDAVIT OF SERVICE. Disintegration Records LLC served on 1/31/2024, answer due 4/1/2024. Service was accepted by Daimond Dazel, Receptionist. Document filed by Bruce Moallem..(Soler, Alberto) |
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Filing 16
ORDER FOR CONFERENCE PURSUANT TO RULE 16: An initial conference by telephone is scheduled for this case on March 5, 2024 at 11:30a.m. At that time, the parties shall dial 646-453-4442 and use phone conference ID: 917 538534# (The public may also dial in but will be permitted only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, the parties must not use a speakerphone. and as set forth herein. Copies of all letters to the Court must be sent to the other side. Also, the Pro Se Office at the United States Courthouse, 500 Pearl Street, Room 230, New York, New York ((212) 805-0175) may be of assistance to pro se litigants in connection with court procedures. SO ORDERED.Telephonic Initial Conference set for 3/5/2024 at 11:30 AM before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/31/2024) (ama)
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Filing 15
ORDER REFERRING CASE TO 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) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Valerie E. Caproni on 1/30/2024) (tg)
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Filing 14
ORDER: IT IS HEREBY ORDERED that Defendant Sebastian Russo's answer and cross and counterclaims are not effective as to Defendant Disintegration Records LLC and Defendants Does 1-10 and only are on behalf of himself. IT IS FURTHER ORDERED that Plaintiff's deadline to move for an order to show cause why default judgment should not be entered against Defendant Disintegration Records LLC and Does 1-10, in accordance with this Court's Individual Practices, remains February 23, 2024. IT IS FURTHER ORDERED that the Court will enter an order of referral to the Hon. Gabriel W. Gorenstein, United States Magistrate Judge, by separate order as to the dispute between Plaintiff Bruce Moallem and Defendant Sebastian Russo. The Clerk of Court is respectfully directed to strike the answer and cross-complaint at Dkt. 12, to the extent it purports to have been filed on behalf of Defendant Disintegration Records LLC and Does 1-10. SO ORDERED. ( Motions due by 2/23/2024.) (Signed by Judge Valerie E. Caproni on 1/30/2024) (tg)
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| Filing 13 DEFENDANTS' AFFIDAVIT(AFFIRMATION of Sebastion Russo). Document filed by Sebastian Russo. (sc) |
| Filing 12 ANSWER to #1 Complaint, CROSSCLAIM against Bruce Moallem., COUNTERCLAIM against Bruce Moallem. Document filed by Sebastian Russo.(sc) Modified on 1/30/2024 (tg). Modified on 1/31/2024 (tro). |
| Filing 11 NOTICE OF PRO SE APPEARANCE by Sebastian Russo. (sc) |
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Filing 10
ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. IT IS FURTHER ORDERED that Plaintiff must move for an order to show cause why default judgment should not be entered against Defendants, in accordance with this Court's Individual Practices, by no later than February 23, 2024. SO ORDERED. ( Motions due by 2/23/2024.) (Signed by Judge Valerie E. Caproni on 1/12/2024) (tg)
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 1/12/2024. Attorney Alberto Soler present for the plaintiff. No defendant present. Court Reporter Steven Greenblum present. (anc) |
| Filing 9 AFFIDAVIT OF SERVICE of SUMMONS IN A CIVIL ACTION; VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT; INJUNCTIVE RELIEF; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AFFIDAVIT OF BRUCE MOALLEM IN SUPPORT OF ORDER TO SHOW CAUSE, and ORDER TO SHOW CAUSE served on Sebastian Russo on 01/03/2024. Service was accepted by Sebastian Russo, Defendant. Document filed by Bruce Moallem..(Soler, Alberto) |
| Filing 8 AFFIDAVIT OF SERVICE of SUMMONS IN A CIVIL ACTION; VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT; INJUNCTIVE RELIEF; INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS; AFFIDAVIT OF BRUCE MOALLEM IN SUPPORT OF ORDER TO SHOW CAUSE, and ORDER TO SHOW CAUSE served on Disintegration Records LLC on 01/03/2024. Service was accepted by Patricia Orange, Authorized Employee. Document filed by Bruce Moallem..(Soler, Alberto) |
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Filing 7
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: IT IS HEREBY ORDERED that the above named Defendants show cause before this Court, in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007 on January 12, 2024 at 10:00 A.M., why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure enjoining Defendants, their officers, agents, and employees during the pendency of this action from continued dissemination, posting, and commercial use of the potentially infringing Music and Re-Released Albums (as defined in the Complaint) online and on any music Streaming Platform (as defined in the Complaint) that incorporate, on Plaintiff's information and belief, unauthorized and unlicensed samples of sound recordings, musical compositions, and film audio that belong to third-parties; IT IS HEREBY ORDERED that Plaintiff must serve a copy of the complaint and Exhibit A, this order, and annexed affidavit upon Defendants no later than January 3, 2024. Plaintiff is directed to file proof of service on ECF no later than January 4, 2024. IT IS FURTHER ORDERED that any responsive papers from Defendants must be filed no later than January 9, 2024. SO ORDERED. Show Cause Hearing set for 1/12/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. Show Cause Response due by 1/9/2024. (Signed by Judge Valerie E. Caproni on 1/2/2024) (tg)
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| Filing 6 CIVIL COVER SHEET filed..(Soler, Alberto) |
| Filing 5 ELECTRONIC SUMMONS ISSUED as to Sebastian Russo. (vf) |
| Filing 4 ELECTRONIC SUMMONS ISSUED as to Disintegration Records LLC. (vf) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Sebastian Russo, re: #1 Complaint,. Document filed by Bruce Moallem..(Soler, Alberto) |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Disintegration Records LLC, re: #1 Complaint,. Document filed by Bruce Moallem..(Soler, Alberto) |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Alberto J. Soler. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Alberto J. Soler. The party information for the following party/parties has been modified: DOES 1-10, Disintegration Records LLC, Sebastian Russo, Bruce Moallem. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) |
| Case Designated ECF. (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) |
| Magistrate Judge Gabriel W. Gorenstein is designated to handle matters that may be referred in this case. 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) |
| Filing 1 COMPLAINT against DOES 1-10, Disintegration Records LLC, Sebastian Russo. (Filing Fee $ 405.00, Receipt Number ANYSDC-28751452)Document filed by Bruce Moallem. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Order to Show Cause, #3 Affidavit of Bruce Moallem in Support of Order to Show Cause).(Soler, Alberto) |
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