Savage v. Gong
| Lerone Savage |
| Hongmian Gong |
| 1:2024cv01475 |
| February 27, 2024 |
| US District Court for the Southern District of New York |
| Arun Subramanian |
| Copyright |
| 28 U.S.C. § 2201 dj Declaratory Judgment |
| Defendant |
Docket Report
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| Filing 16 ANSWER to #1 Complaint,, with JURY DEMAND., COUNTERCLAIM against Lerone Savage. Document filed by Hongmian Gong. (Attachments: #1 Exhibit A CUNY Intellectual Property Policy, #2 Exhibit B Counterclaim Plaintiff's Copyright Certificate for U.S. Copyright Registration No. TXu 2-267-263, #3 Exhibit C CounterclaimPlaintiff's Copyright Certificate for U.S. Copyright Registration No. PAu 4-092-600, #4 Exhibit D Counterclaim Plaintiff's Copyright Certificate for U.S. Copyright Registration No. TXu 2-267-265, #5 Exhibit E Email Representing Counterclaim Defendant's Agreement with Counterclaim Plaintiff, #6 Exhibit F Counterclaim Defendant's Research Proposal Building on Counterclaim Plaintiff's Research, #7 Exhibit G Counterclaim Defendant's Thesis Acknowledgements Statement Acknowledging Counterclaim Plaintiff's Contribution, #8 Exhibit H Diagram from U.S. Copyright Registration No. TXu 2-267-265, #9 Exhibit I Diagram from Counterclaim Defendant's Thesis, #10 Exhibit J Text from U.S. Copyright Registration No. TXu 2-267-263, #11 Exhibit K Text from U.S. Copyright Registration No. TXu 2-267-265, #12 Exhibit L Text from Page 8 of Counterclaim Defendant's Thesis, #13 Exhibit M Text from Page 1 of U.S. Copyright Registration No. TXu 2-267-263, #14 Exhibit N Text from Page 25 of Counterclaim Defendant's Thesis, #15 Exhibit O Text from Page 1 of U.S. Copyright Registration No. TXu 2-267-263, #16 Exhibit P Text from Page 15 of Counterclaim Defendant's Thesis, #17 Exhibit Q Text from Page 11 of U.S. Copyright Registration No. TXu 2-267-265, #18 Exhibit R Text from Page 37 of Counterclaim Defendant's Thesis, #19 Exhibit S DMCA Letter From Counterclaim Plaintiff to CUNY, #20 Exhibit T Email from CUNY to Counterclaim Defendant, #21 Exhibit U Email from CUNY Disclaiming Ownership in the Thesis, #22 Exhibit V Email from Elsevier Disclaiming Ownership in the Thesis, #23 Exhibit W CUNY Academic Works Submission Policy, #24 Exhibit X CUNY Step-By-Step-Guide for Submissions).(Katz, Robert) |
| Filing 15 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Hongmian Gong..(Katz, Robert) |
Filing 14
ORDER granting #13 Letter Motion for Extension of Time to Answer re: #11 Order, Set Deadlines April 2, 2024 addressed to Judge Arun Subramanian from Robert D. Katz dated March 14, 2024. Application granted. The Clerk of Court is directed to terminate the motion at Dkt. 13. SO ORDERED. #1 Complaint,. Hongmian Gong answer due 4/2/2024. (Signed by Judge Arun Subramanian on 3/18/2024) (vfr)
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| Filing 13 FIRST LETTER MOTION for Extension of Time to File Answer re: #11 Order, Set Deadlines April 2, 2024 addressed to Judge Arun Subramanian from Robert D. Katz dated March 14, 2024. Document filed by Hongmian Gong..(Katz, Robert) |
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Filing 12
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 case is to be tried to a jury. All depositions (including any expert depositions, see item 5(c)above) must be completed by 7/15/2024. All discovery is to be completed by 9/30/2024. Post-discovery summary judgment motions in the form prescribed by the Court's Individual Practices shall be served by 10/23/2024, answering papers by 11/13/2024, and reply papers by 11/27/2024. Each party must file its respective papers on the same date that such papers are served. SO ORDERED. Amended Pleadings due by 4/8/2024. Joinder of Parties due by 4/8/2024. Motions due by 10/23/2024. Responses due by 11/13/2024 Replies due by 11/27/2024. Depositions due by 7/15/2024. Discovery due by 9/30/2024. (Signed by Judge Arun Subramanian on 2/28/2024) (vfr)
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Filing 11
ORDER: Defendant is hereby ordered to respond to the complaint by March 19, 2024. SO ORDERED. Hongmian Gong answer due 3/19/2024. (Signed by Judge Arun Subramanian on 2/28/2024) (vfr)
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| Filing 10 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. (vba) |
| Filing 9 CASE TRANSFERRED IN from the United States District Court - District of New York Eastern; Case Number: 1:24-cv-00424. Original file certified copy of transfer order and docket entries received. |
| NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba) |
| CASE ACCEPTED AS RELATED. Create association to 1:23-cv-07355-AS. Notice of Assignment to follow. (laq) |
| Magistrate Judge Ona T. Wang 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. (laq) |
| NOTICE OF CASE REASSIGNMENT to Judge Arun Subramanian. Judge Unassigned is no longer assigned to the case. (laq) |
| CASE REFERRED TO Judge Arun Subramanian as possibly related to 1:23-cv-07355-AS. (vba) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Unassigned Judge. (vba) |
| Case Designated ECF. (vba) |
| Case transferred to the Southern District of New York pursuant to Electronic Order dated 2/14/2024. Entire case file transferred electronically via ECF-Pacer to SD-NY and consolidated with a pending related action ("companion case") under Case Docket Number 1:23-CV-07355-AS. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (MLR) [Transferred from New York Eastern on 2/27/2024.] |
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ORDER TRANSFERRING CASE TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK - Instead of filing a motion requesting transfer of this case to the U.S. District Court for the Southern District of New York ("SDNY") in light of the parties' clear intent that this case be transferred there to be consolidated with a pending related action ("companion case") under Case Docket Number 1:23-CV-07355-AS, Defendant, with Plaintiff's consent, requested a stay of the deadline to answer the complaint, which was granted by the magistrate judge on February 13, 2024. See, Motion to Stay, Dkt. Entry No. 8. Accordingly, in the interest of justice and, based on the clear intent of the parties, pursuant to 28 U.S.C. Section 1404(a), the Clerk of the Court is directed to TRANSFER THIS CASE TO THE TO THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK where it is respectfully recommended it be consolidated with Gong v. Savage, 1:23-cv-07355-AS, and to close this case. SO ORDEREDOrdered by Judge Dora Lizette Irizarry on 2/14/2024. (Irizarry, Dora) [Transferred from New York Eastern on 2/27/2024.]
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ELECTRONIC ORDER granting #8 : All deadlines are hereby stayed sine die pending consolidation with the case proceeding in the Southern District of New York. Parties to file a status report by 03/14/2024. So Ordered by Magistrate Judge Cheryl L. Pollak on 2/13/2024. (DB) [Transferred from New York Eastern on 2/27/2024.]
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| Filing 8 First MOTION to Stay re #1 Complaint,, by Hongmian Gong. (Katz, Robert) [Transferred from New York Eastern on 2/27/2024.] |
| Filing 7 NOTICE of Appearance by Robert David Katz on behalf of Hongmian Gong (aty to be noticed) (Katz, Robert) [Transferred from New York Eastern on 2/27/2024.] |
| Filing 6 NOTICE of Appearance by Albert Wai-Kit Chan on behalf of Hongmian Gong (aty to be noticed) (Chan, Albert Wai-Kit) [Transferred from New York Eastern on 2/27/2024.] |
| Filing 5 Notice of Report on the Filing or Determination of an Action or appeal Regarding a Copyright. (Attachments: #1 complaint) (RC) [Transferred from New York Eastern on 2/27/2024.] |
| Filing 4 Summons Issued as to Hongmian Gong. (CV) [Transferred from New York Eastern on 2/27/2024.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) [Transferred from New York Eastern on 2/27/2024.] |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) [Transferred from New York Eastern on 2/27/2024.] |
| Filing 1 COMPLAINT against All Defendants filing fee $ 405, receipt number ANYEDC-17481882 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Lerone Savage. (Attachments: #1 Exhibit CUNY Defendant Webpage, #2 Exhibit 9/8/14 Defendant Savage Emails, #3 Exhibit Related State Court Action Complaint, #4 Exhibit 6/30/21 Defendant Copyright Registrations, #5 Exhibit Related Action Amended Complaint, #6 Exhibit 12/26/23 CUNY Savage Email, #7 Civil Cover Sheet Civil Cover Sheet, #8 Proposed Summons Proposed Summons) (Mischel, Jason) [Transferred from New York Eastern on 2/27/2024.] |
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| Plaintiff: Lerone Savage | |
| Represented By: | Jason Mischel |
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| Defendant: Hongmian Gong | |
| Represented By: | Albert Wai-Kit Chan |
| Represented By: | Robert David Katz |
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