Choi v. Kim
Case Number: 1:2024cv06526
Filed: September 10, 2024
Court: U.S. District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Copyright
Cause of Action: 17 U.S.C. ยง 101 Copyright Infringement
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Date Filed Document Text
April 24, 2025 Opinion or Order Filing 23 ORDER: The defendant filed a motion to dismiss pursuant to Rule 12(b) (5) on March 7, 2025. ECF No. 18. Therefore, the time for the plaintiff to amend the complaint as a matter of course expired on March 28, 2025. Fed R. Civ. P. 15 (a). The plainti ff filed the amended complaint on April 23, 2025, without the opposing party's written consent or the Court's leave. Accordingly, the Clerk is directed to strike the plaintiff's amended complaint, ECF No. 22. SO ORDERED. (Signed by Judge John G. Koeltl on 4/24/2025) (ks)
March 10, 2025 Opinion or Order Filing 19 ORDER: The defendant filed a motion to dismiss for insufficient service of process pursuant to Rule 12(b) (5) of the Federal Rules of Civil Procedure. ECF No. 18. The plaintiff should respond to the defendant's motion by April 11, 2025. The de fendant may reply by April 28, 2025. The Clerk is directed to mail a copy of this Order to the defendant at 37, Donggyo-ro 25 gil, Mapo-gu, Seoul, South Korea, and note such mailing on the docket. SO ORDERED. (Signed by Judge John G. Koeltl on 3/10/2025) ( Responses due by 4/11/2025, Replies due by 4/28/2025.) (ks)
March 7, 2025 Opinion or Order Filing 17 ORDER: Accordingly, the time to effect service on the defendant pursuant to Rule 4 of the Federal Rules of Civil Procedure is extended without date. This case may be dismissed without prejudice if the plaintiff fails to effect properly service on the defendant within a reasonable time. SO ORDERED. (Signed by Judge John G. Koeltl on 3/7/2025) (ks)
January 27, 2025 Opinion or Order Filing 15 ORDER: On November 8, 2024, the summons issued in this case. ECF No. 8. On the same day, an information package regarding service also issued. ECF No. 9. Because the prose plaintiff has consented to electronic service, ECF No. 2, the summons and the information package regarding service were sent by the PACER/CM-ECF service to the plaintiff's email address provided in the Consent to Receive Documents Electronically Form, aplus7700@gmail.com. In the future, the Court will not direct th e Clerk to send separately any filings to the plaintiff. If the plaintiff has questions about the PACER/CM-ECF service, the plaintiff is directed to contact the ECF Help Desk by email at help desk@nysd.uscourts.gov or by telephone at 212-805-0 800 ext. The time to effect service pursuant to Rule 4 of the Federal Rules of Civil Procedure is extended until March 6, 2025. If service is not made by March 6, 2025, this case may be dismissed without prejudice for failure to prosecute. No fur ther extensions will be provided absent a showing of exceptional good cause. To avoid any unnecessary delay, the Clerk is directed to send copies of: ( 1) the complaint, ECF No. 1; ( 2) the summons, ECF No. 8; and (3) the information package, ECF N o. 9, to the plaintiff by email at aplus7700@gmail.com, and to note such emailing on the docket. The Clerk is also directed to close ECF Nos. 13 & 14. SO ORDERED. (Service due by 3/6/2025.), Motions terminated: 14 MOTION for Extension of Time. filed by Ji Hye Choi, 13 MOTION to Serve. filed by Ji Hye Choi. (Signed by Judge John G. Koeltl on 1/27/2025) (jca)
November 18, 2024 Opinion or Order Filing 10 ORDER Pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, the plaintiff had 90 days from filing the complaint to serve the summons and complaint on the defendant. Fed. R. Civ. P. 4(m). To date, the plaintiff has not served the summons a nd complaint. The plaintiff, proceeding prose, requested the issuance of summons on October 22, 2024, then again on November 8, 2024. ECF Nos. 6 & 7. The summons issued on November 8, 2024. ECF No. 8.Accordingly, the time to serve is extended until F ebruary 6, 2025, 90 days from the issuance of summons in this case. If service is not made by February 6, 2025, the case may be dismissed without prejudice for failure to prosecute. SO ORDERED. (Service due by 2/6/2025.) (Signed by Judge John G. Koeltl on 11/17/2024) (jca)
October 15, 2024 Opinion or Order Filing 5 ORDER OF SERVICE: The plaintiff brought this action, prose, alleging copyright infringement against the defendant. As this is a fee paid case, the plaintiff must request the issuance of summons and effect service on the defendant in accordance w ith Rule 4 of the Federal Rules of Civil Procedure. Prose plaintiffs can access more information on the public website about effecting service in the guide, Service of Process Where Fees Have Been Paid: https://nysd.uscourts.gov/forms/service-gu ide-pro-se-cases-where-fees-have-been-paid. The plaintiff is directed to request the issuance of summons by November 1, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 10/15/2024) (ks) Transmission to Pro Se Assistants for processing.
September 10, 2024 Opinion or Order Filing 4 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Cou rt is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 10/10/2024. In Forma Pauperis (IFP) Application due by 10/10/2024. (Signed by Judge Laura Taylor Swain on 9/10/2024) (vn)
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