Piechowicz v. The Partnerships and Unincorporated Associations Identified in Schedule A
| Libby Piechowicz an individual doing business as Lorna Laine |
| The Partnerships and Unincorporated Associations identified in Schedule A |
| 1:2024cv03057 |
| April 22, 2024 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 22, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 22 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 21 CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:24-cv-00049. Original file certified copy of transfer order and docket entries received. |
| CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Vernon S. Broderick. 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..(vba) |
| Magistrate Judge Jennifer Willis 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. (vba) |
| Case Designated ECF. (vba) |
| 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) |
| Filing 20 TRANSFERRED to the Southern District of New York the electronic record (rp, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 19 JUDGMENT Order Signed by the Honorable John J. Tharp, Jr on 3/15/2024. Mailed notice(air, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 18 MINUTE entry before the Honorable John J. Tharp, Jr:Pursuant to 28 U.S. Code 1631, the defendants' motion to transfer #12 is granted. This case is transferred for want of personal jurisdiction. The Clerk of the Court is directed to transfer this case to the United States District Court for the Southern District of New York, and to terminate the case on this Court's docket. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 17 MOTION by Plaintiff Libby Piechowicz to transfer case (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 16 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's renewed motion for TRO #15 is denied without prejudice. The plaintiff has not complied with the Court's directive that the plaintiff's renewed filings "show that each defendant has contacts with the forum state," ECF No. #9 . While the plaintiff's declaration [15-2] avers that the defendant stores have made their products available "for sale to the United States, including Illinois," Piechowicz Decl. 8, the sealed exhibit 2 to the plaintiff's complaint [14-2] does not corroborate the plaintiff's contention because all instances of possible shipping addresses are redacted, thus raising concerns over whether the defendants are actively offering their goods for sale to Illinois residents. The plaintiff has leave to file a renewed motion properly establishing that each defendant has contacts with Illinoi by 3/12/24. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 15 SEALED MOTION by Plaintiff Libby Piechowicz -- Second Motion for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail And/Or Electronic Publication (Attachments: #1 Memorandum in Support of Second Motion, #2 Declaration of Libby Piechowicz, #3 Declaration of Mackenzie Paladino, #4 Exhibit 1 to Declaration of Mackenzie Paladino)(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 14 SEALED DOCUMENT by Plaintiff Libby Piechowicz -- (Unredacted) First Amended Complaint (Attachments: #1 Exhibit A to First Amended Complaint, #2 Exhibit B to First Amended Complaint, #3 Schedule A to First Amended Complaint)(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 13 First AMENDED complaint by Libby Piechowicz against The Partnerships and Unincorporated Associations Identified in Schedule A (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 12 ATTORNEY Appearance for Plaintiff Libby Piechowicz by Trevor William Barrett (Barrett, Trevor) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 11 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Trevor Barrett's motion for leave to appear pro hac vice #10 is granted. Counsel is directed to file an appearance. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21630203. (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 9 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO #8 is denied without prejudice. The Exhibit B to the sealed complaint contains numerous screenshots of purportedly infringing Amazon stores, but it fails to present them in an organized fashion, i.e., by noting which defendant marketplace each screenshot corresponds to, and which copyright(s) each defendant allegedly infringes. Furthermore, the Court notes that the screenshots do not demonstrate that the allegedly infringing products are being offered for sale in Illinois (including one storefront, which may not be offering its product for sale anywhere, as it is listed as "currently unavailable"). That evidence of purposefully directed activities is the bare minimum for establishing personal jurisdiction in schedule A cases. See NBA Properties, Inc. v. HANWJH, 46 F.4th 614 (7th Cir. 2022), cert. denied, 143 S. Ct. 577 (2023). The plaintiff is granted leave to refile, as necessary, an amended complaint, schedule A, and/or renewed TRO with accompanying exhibits, which denotes which copyright each screenshot corresponds to, and which defendant is alleged to be responsible for infringing the identified copyright, by 2/26/24. The plaintiff must also show that each defendant has contacts with the forum state. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 8 SEALED MOTION by Plaintiff Libby Piechowicz for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by E-Mail and/or Electronic Publication (Attachments: #1 Memorandum in Support of Motion, #2 Declaration of Libby Piechowicz, #3 Declaration of Mackenzie Paladino, #4 Exhibit 1 to Declaration of Mackenzie Paladino)(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 6 MAILED Copyrights report to Patent Trademark Office, Alexandria VA. (ph, ) [Transferred from Illinois Northern on 4/22/2024.] |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jcc, ) [Transferred from Illinois Northern on 4/22/2024.] |
| CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). (jcc, ) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 5 Report on the Filing or Determination of an Action Regarding a Copyright by Libby Piechowicz (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 4 CIVIL Cover Sheet (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 3 SEALED DOCUMENT by Plaintiff Libby Piechowicz -- Schedule A to Complaint (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 2 SEALED DOCUMENT by Plaintiff Libby Piechowicz -- (Unredacted) Complaint (Attachments: #1 Exhibit A to Complaint, #2 Exhibit B to Complaint)(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
| Filing 1 COMPLAINT filed by Libby Piechowicz; Jury Demand. Filing fee $ 405, receipt number AILNDC-21480075.(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.] |
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
| Search for this case: Piechowicz v. The Partnerships and Unincorporated Associations Identified in Schedule A | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Libby Piechowicz an individual doing business as Lorna Laine | |
| Represented By: | Mackenzie Paladino |
| Represented By: | Trevor William Barrett |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: The Partnerships and Unincorporated Associations identified in Schedule A | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
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.
