Santos v. Frankel
| Marcus Santos |
| Bethenny Frankel |
| 7:2022cv03339 |
| April 25, 2022 |
| US District Court for the Southern District of New York |
| Kenneth M Karas |
| Copyright |
| 17 U.S.C. ยง 501 Copyright Infringement |
| Plaintiff |
Docket Report
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Filing 19
STIPULATION OF DISMISSAL OF CIVIL ACTION WITH PREJUDICE UNDER FRCP 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel for plaintiff Marcus Santos and counsel for defendant Bethenny Frankel that the parties have reached a settlement and that all claims asserted in the above-referenced action are dismissed with prejudice, pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), each party to bear its own costs, expenses and attorney's fees. SO ORDERED. Bethenny Frankel terminated. (Signed by Judge Kenneth M. Karas on 11/22/2022) (vfr)
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| Filing 18 PROPOSED STIPULATION AND ORDER. Document filed by Marcus Santos..(Freeman, James) |
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Filing 17
ORDER granting #16 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 11/9/22) (yv)
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| Filing 16 CONSENT LETTER MOTION for Extension of Time by 30 days to re-open case or otherwise file a Stipulation of Dismissal addressed to Judge Kenneth M. Karas from James Freeman dated 11/8/22. Document filed by Marcus Santos..(Freeman, James) |
| Filing 15 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 9/28/22 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (yv) |
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Filing 14
ORDER OF DISMISSAL... It is ORDERED that the above-entitled action be and is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within forty-five days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within forty-five days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same thirty days day period to be "so ordered" by the Court. Per Paragraph 4(B) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are denied. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/28/22) (yv)
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| Minute Entry for proceedings held before Judge Kenneth M. Karas: Initial Pretrial Conference held on 9/28/2022. James Freeman appeared on behalf of Plaintiff. Danielle Rosenthal appeared on behalf of Defendant. No court reporter served. The Court held an initial conference. Pending further developments, the Court may hold an additional status conference to be determined. (CAM) |
| Filing 13 PROPOSED CASE MANAGEMENT PLAN. Document filed by Marcus Santos..(Freeman, James) |
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Filing 12
NOTICE OF TELECONFERENCE INFORMATION For the week of September 26, 2022, the Court will hold all civil conferences, hearings, and/or oral arguments in the above-numbered Action by telephone. Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749 Access Code: 7702195 Please enter the conference as a guest by pressing the pound sign (#). Given that much of the Court is operating remotely and has limited mail capability, counsel involved in any pro se cases shall mail a copy of this Notice to or otherwise inform the pro se party of the above teleconference information. Counsel in any pro se inmate cases shall ensure that the pro se party is on the line before calling the above-referenced number. For initial conferences, counsel shall submit a proposed case management and discovery schedule via ECF by 5 p.m. on the evening before the initial conference. Any requests for adjournments should be filed as soon as possible and clearly explain why the conference should be adjourned. SO ORDERED. (Signed by Judge Kenneth M. Karas on 9/23/2022) (jca)
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Filing 11
CALENDAR NOTICE: Please take notice that the above captioned action has been scheduled for an initial conference before the Honorable Kenneth M. Karas, United States District Judge, on Wednesday, September 28, 2022 at 12:00 p.m. NOTICE OF TELECONFERENCE INFORMATION: Counsel shall call the following number at the designated time: Meeting Dial-In Number (USA toll-free): (888) 363-4749. Access Code: 7702195. Please enter the conference as a guest by pressing the pound sign(#). So Ordered. ( Initial Conference set for 9/28/2022 at 12:00 PM before Judge Kenneth M. Karas.) (Signed by Judge Kenneth M. Karas on 8/24/22) (yv)
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| Filing 10 ANSWER to #1 Complaint. Document filed by Bethenny Frankel..(Rosenthal, Danielle) |
| Filing 9 NOTICE OF APPEARANCE by Danielle Rosenthal on behalf of Bethenny Frankel..(Rosenthal, Danielle) |
| Filing 8 WAIVER OF SERVICE RETURNED EXECUTED. Bethenny Frankel waiver sent on 6/16/2022, answer due 8/15/2022. Document filed by Marcus Santos..(Freeman, James) |
| Filing 7 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..(pc) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Bethenny Frankel..(pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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..(pc) |
| Magistrate Judge Andrew E. Krause is so designated. 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. (pc) |
| Case Designated ECF. (pc) |
| Filing 5 NOTICE OF APPEARANCE by James H. Freeman on behalf of Marcus Santos..(Freeman, James) |
| Filing 4 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Sanders, Craig) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Bethenny Frankel, re: #1 Complaint. Document filed by Marcus Santos..(Sanders, Craig) |
| Filing 2 CIVIL COVER SHEET filed..(Sanders, Craig) |
| Filing 1 COMPLAINT against Bethenny Frankel. (Filing Fee $ 402.00, Receipt Number ANYSDC-26052115)Document filed by Marcus Santos. (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing Use of the Photograph).(Sanders, Craig) |
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| Plaintiff: Marcus Santos | |
| Represented By: | James H. Freeman |
| Represented By: | Craig B. Sanders |
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| Defendant: Bethenny Frankel | |
| Represented By: | Danielle Rosenthal |
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