In The Struggle Productions LLC v. Herrara et al
| Julius Ceazar Herrara, DEVILGEAR Records LLC and Empire Distribution, Inc. |
| In The Struggle Productions LLC |
| 1:2024cv02782 |
| April 12, 2024 |
| US District Court for the Southern District of New York |
| Valerie E Caproni |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on July 17, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
STIPULATION EXTENDING TIME TO ANSWER AND ORDER ADJOURNING INITIAL PRETRIAL CONFERENCE IT IS HEREBY STIPULATED AND AGREED by Plaintiff and Empire, through their undersigned counsel, that the time for Empire to answer, move or otherwise respond to the Complaint is set to July 19, 2024, and that Empire waives any defenses relating to service of process; and IT IS FURTHER HEREBY STIPULATED AND SO ORDERED that the date and time specified for the Initial Pretrial Conference is adjourned and rescheduled to be held on August 2, 2024, at 10 AM in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007, and further that the Joint Letter required at paragraph 2 of this Court's Notice of Initial Pretrial Conference be submitted by July 25, 2024. As noted in the Court's Order at Dkt. 14, the Court is highly unlikely to grant further adjournment requests on the grounds that the remaining Defendants have not appeared. SO ORDERED. Empire Distribution, Inc. answer due 7/19/2024.(Initial Conference set for 8/2/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.), Motions terminated: #25 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Brian D. Caplan dated June 7, 2024. filed by Empire Distribution, Inc.. (Signed by Judge Valerie E. Caproni on 6/7/2024) (jca)
|
| Filing 27 NOTICE OF APPEARANCE by Paul V. LiCalsi on behalf of Empire Distribution, Inc...(LiCalsi, Paul) |
| Filing 26 NOTICE OF APPEARANCE by Brett Van Benthysen on behalf of Empire Distribution, Inc...(Van Benthysen, Brett) |
| Filing 25 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from Brian D. Caplan dated June 7, 2024. Document filed by Empire Distribution, Inc.. (Attachments: #1 Proposed Order Stipulation and Proposed Order).(Caplan, Brian) |
| Filing 24 NOTICE OF APPEARANCE by Brian D. Caplan on behalf of Empire Distribution, Inc...(Caplan, Brian) |
| Filing 23 CERTIFICATE OF SERVICE of Summons and Complaint,,,. DEVILGEAR Records LLC served on 6/6/2024, answer due 6/27/2024. Service was made by Mail. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) |
|
Filing 22
ORDER granting #21 Letter Motion for Leave to File Document. Application GRANTED. The affidavits demonstrate that service on Mr. Herrara was attempted at his home three times. Pursuant to Cal. Code Civ. P. 415.20(b), that is enough to establish reasonable diligence. See Block v. Calif.-Fresno Inv. Co., 2023 WL 306112, at *10 (E.D. Cal. Apr. 24, 2023). The Court further finds that "nail and mail" service may be effectuated on Devilgear Records, LLC pursuant to Cal. Code Civ. P. 415.20(a). SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/4/2024) (mml)
|
| Filing 21 FIRST LETTER MOTION for Leave to File Alternative Service Means addressed to Judge Valerie E. Caproni from Justin M. Jacobson dated 06/04/2024. Document filed by In The Struggle Productions LLC. (Attachments: #1 Exhibit Declarations of Due Diligence, #2 Exhibit Proof of Deliveries).(Jacobson, Justin) |
| Filing 20 RULE 26 DISCLOSURE.Document filed by In The Struggle Productions LLC..(Jacobson, Justin) |
| Filing 19 AFFIDAVIT OF SERVICE of Summons and Complaint,,,. Empire Distribution, Inc. served on 4/26/2024, answer due 5/17/2024. Service was accepted by John Doe - Security Supervisor. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) |
| Filing 18 ELECTRONIC SUMMONS ISSUED as to Julius Ceazar Herrara..(jgo) |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Empire Distribution, Inc...(jgo) |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to DEVILGEAR Records LLC..(jgo) |
| Filing 15 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..(jgo) |
|
Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/21/2024 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. SO ORDERED. (Signed by Judge Valerie E. Caproni on 4/16/2024) (jca)
|
| Filing 13 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Jacobson, Justin) |
| Filing 12 CIVIL COVER SHEET filed..(Jacobson, Justin) |
| Filing 11 REQUEST FOR ISSUANCE OF SUMMONS as to JULIUS CEAZAR HERRARA, re: #8 Complaint,,,. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to EMPIRE Distribution, Inc., re: #8 Complaint,,,. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to DEVILGEAR RECORDS LLC, re: #8 Complaint,,,. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) |
| 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..(jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Justin Myles Jacobson. The party information for the following party/parties has been modified: In The Struggle Productions LLC; Julius Ceazar Herrara. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted;. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Justin Myles Jacobson to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the civil cover sheet is not correct; multiple Nature of Suit codes was selected;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) |
| Magistrate Judge Sarah L. Cave 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. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Justin Myles Jacobson. The following case opening statistical information was erroneously selected/entered: Dollar Demand $3,600,000,000; County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $3,600,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Justin Myles Jacobson to RE-FILE Document No. #2 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; do not use the instructional 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. (jgo) |
| Case Designated ECF. (jgo) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Justin Myles Jacobson to RE-FILE Document No. #7 Request for Issuance of Summons, #6 Request for Issuance of Summons, #5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; summons requests must be linked to the properly filed pleading;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 8 COMPLAINT against DEVILGEAR Records LLC, Empire Distribution, Inc., Julius Ceazar Herrara. Document filed by In The Struggle Productions LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD).(Jacobson, Justin) |
| Filing 7 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to JULIUS CEAZAR HERRARA, re: #1 Complaint,,,,. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) Modified on 4/15/2024 (jgo). |
| Filing 6 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to DEVILGEAR RECORDS LLC, re: #1 Complaint,,,,. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) Modified on 4/15/2024 (jgo). |
| Filing 5 FILING ERROR SUMMONS NOT LINKED TO CORRESPONDING PLEADING- REQUEST FOR ISSUANCE OF SUMMONS as to EMPIRE Distribution, Inc., re: #1 Complaint,,,,. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) Modified on 4/15/2024 (jgo). |
| Filing 4 FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by In The Struggle Productions LLC..(Jacobson, Justin) |
| Filing 3 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Jacobson, Justin) Modified on 4/15/2024 (jgo). |
| Filing 2 FILING ERROR - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Jacobson, Justin) Modified on 4/15/2024 (jgo). |
| Filing 1 FILING ERROR DEFICIENT PLEADING - PDF ERROR - COMPLAINT against DEVILGEAR Records LLC, Empire Distribution, Inc., Julius Ceazar Herrara. (Filing Fee $ 405.00, Receipt Number ANYSDC-29210858)Document filed by In The Struggle Productions LLC. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N, #15 Exhibit Exhibit O, #16 Exhibit Exhibit P, #17 Exhibit Exhibit Q, #18 Exhibit Exhibit R, #19 Exhibit Exhibit S, #20 Exhibit Exhibit T, #21 Exhibit Exhibit U, #22 Exhibit Exhibit V, #23 Exhibit Exhibit W, #24 Exhibit Exhibit X, #25 Exhibit Exhibit Y, #26 Exhibit Exhibit Z, #27 Exhibit Exhibit AA, #28 Exhibit Exhibit BB, #29 Exhibit Exhibit CC, #30 Exhibit Exhibit DD).(Jacobson, Justin) Modified on 4/15/2024 (jgo). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
