Cutillo et al v. Cutillo et al
Plaintiff: Dawn Cutillo and Infinity Health LLC
Defendant: Infinity Health Advisors LLC and David Cutillo
Case Number: 5:2021cv02787
Filed: June 23, 2021
Court: US District Court for the Eastern District of Pennsylvania
Presiding Judge: JOHN M GALLAGHER
Nature of Suit: Property Rights: Copyright
Cause of Action: 17 U.S.C. § 101
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on June 30, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 17, 2021 Opinion or Order Filing 34 REPLY in Further Support re #22 MOTION to Dismiss Partially Plaintiffs' Complaint filed by David Cutillo, Infinity Health Advisors LLC. (Attachments: #1 Certificate of Service)(TOBIN, DONNA) Modified on 8/18/2021 (fb).
August 16, 2021 Opinion or Order Filing 33 Disclosure Statement Form pursuant to FRCP 7.1 with Certificate of Service by Infinity Health Advisors LLC.(TOBIN, DONNA)
August 11, 2021 Opinion or Order Filing 32 ORDER OF 8/10/21 THAT DEFENDANT'SMOTION FOR LEAVE TO FILE A REPLY (eCF NO. 31) IS GRANTED AND DEFENDANTS MAY FILE A REPLY BRIEF NO LATER THAN AUGUST 17, 2021. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 8/10/21. 8/11/21 ENTERED AND COPIES E-MAILED. (DT)
August 10, 2021 Opinion or Order Filing 31 MOTION for Leave to File Reply in Support of Their Motion to Partially Dismiss Plaintiffs' Complaint filed by David Cutillo, Infinity Health Advisors LLC.Memorandum, Certificate of Service, Text of Proposed Order. (Attachments: #1 Memorandum of Law in Support of Motion for Leave to File Reply in Support of Defendant's Motion to Partially Dismiss Plaintiff's Complaint, #2 Certificate of Service, #3 Text of Proposed Order)(TOBIN, DONNA)
August 6, 2021 Opinion or Order Filing 30 ORDER THAT WRITTEN DISCOVERY REQUESTS SHALL BE SERVED ON OR BEFORE AUGUST 20, 2021. WRITTEN RESPONSES AND PRODUCTION OF RESPONSIVE DOCUMENTS SHALL BE SERVED ON OR BEFORE SEPTEMBER 17, 2021. DEPOSITIONS SHALL BE COMPLETED ON OR BEFORE OCTOBER 8, 2021. THE COURT WILL HOLD AN EVIDENTIARY HEARING ON THE PRELIMINARY INJUNCTION MOTION (ECF NO. 2) ON OCTOBER 28, 2021, AT 9:30 A.M., AT THE EDWARD N. CAHN FEDERAL BUILDING, IN COURTROOM 4B, UNITED STATES DISTRICT COURT LOCATED AT 504 WEST HAMILTON STREET, ALLENTOWN, PENNSYLVANIA, 18104. SIGNED BY HONORABLE JOHN M. GALLAGHER ON 8/6/21. 8/6/21 ENTERED AND COPIES E-MAILED.(er, )
August 5, 2021 Opinion or Order Filing 29 RESPONSE in Opposition re #22 MOTION to Dismiss Partially Plaintiffs' Complaint filed by Dawn Cutillo, Infinity Health LLC. (Attachments: #1 Text of Proposed Order Proposed form of Order)(TANEY, FRANCIS)
August 5, 2021 Opinion or Order Filing 28 STIPULATION AND ORDER OF 8/5/21 THAT PLAINTIFFS SHALL HAVE UNTIL AUGUST 5, 2021 TO RESPOND TO DEFENDANTS' MOTION TO PARTIALLY DISMISS THE COMPLAINT PURSUANT TO FRCP 12(B)(6). SIGNED BY JUDGE: JOHN M. GALLAGHER ON 8/5/21. 8/5/21 ENTERED AND COPIES E-MAILED. (DT)
July 22, 2021 Opinion or Order Filing 27 Minute Entry for proceedings held before HONORABLE JOHN M. GALLAGHER. A Status Conference was held via telephone on 7/22/21 not on the record. (DT)
July 21, 2021 Opinion or Order Filing 26 SUR-REPLY in Opposition re #2 MOTION for Preliminary Injunction filed by David Cutillo, Infinity Health Advisors LLC. (Attachments: #1 Certificate of Service)(COHEN, BARRY) Modified on 7/22/2021 (fb).
July 21, 2021 Opinion or Order Filing 25 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by David Cutillo, Infinity Health Advisors LLC. (Attachments: #1 Certificate of Service). (**FILED IN ERROR, WRONG EVENT USED. TO BE CORRECTLY REFILED**). (COHEN, BARRY) Modified on 7/21/2021 (ke, ).
July 21, 2021 Opinion or Order Filing 24 ORDER OF 7/20/21 THAT THE MOTION OF DEFENDANTS DAVID CUTILLO AND INFINITY HEALTH ADVISORS LLC FOR LEAVE TO FILE A SUR-REPLY BRIEF IN OPPOSITION TP LAINTIFF'S MOTION FOR THE ENTRY OF A PRELIMINARY INJUNCTION, IN THE FORM ATACHED AS EXHIBIT A TO THE MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S MOTION IS GRANTED. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 7/20/21. 7/21/21 ENTERED AND COPIOES E-MAILED. (DT)
July 20, 2021 Opinion or Order Filing 23 MOTION for Leave to File Sur-Reply Brief filed by David Cutillo, Infinity Health Advisors LLC.Memorandum, Certificate of Service. (Attachments: #1 Memorandum of Law in Support of Motion for Leave to File Sur-Reply, #2 Exhibit A to Memorandum of Law, #3 Text of Proposed Order, #4 Certificate of Service)(COHEN, BARRY)
July 20, 2021 Opinion or Order Filing 22 MOTION to Dismiss Partially Plaintiffs' Complaint filed by David Cutillo, Infinity Health Advisors LLC.Brief, Certification, Certificate of Service. (Attachments: #1 Brief Brief in Support of Motion to Partially Dismiss Complaint, #2 Declaration Certification, #3 Exhibit Exhibit 1, #4 Exhibit Exhibit 2, #5 Text of Proposed Order, #6 Certificate of Service)(COHEN, BARRY)
July 16, 2021 Opinion or Order Filing 21 REPLY Memorandum of Law in Support re #2 MOTION for Preliminary Injunction filed by Dawn Cutillo. (Attachments: #1 Declaration Declaration of Dawn Cutillo - Exhibit A to Reply Brief, #2 Declaration Declaration of Francis X. Taney, Jr. - Exhibit B to Reply Brief, #3 Exhibit Exhibit C to Reply Brief - Copyright Office guidance)(TANEY, FRANCIS) Modified on 7/19/2021 (fb).
July 16, 2021 Opinion or Order Filing 20 ORDER OF 7/15/21 THAT THE DEFENDANT'S MOTION FOR LEAVE TO FILE BRIEF IN EXCESS PAGE LIMIT IN SUPPORT OF THEIR MOTION TO PARTIALLY DISMISS PLAINTIFF'S COMPLAINT IS GRANTED AND MAY BE UP TO 70 PAGES IN LENGTH. ETC. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 7/16/21. 7/16/21 ENTERED AND COPIES E-MAILED. (DT)
July 16, 2021 Opinion or Order Filing 19 ORDER OF 7/15/21 THAT PLAINTIFF'S MOTION FOR LEAVE TO FILE MEMORANDUM OF LAW IN EXCESS OF 10 PAGES IS GRANTED. MS. CUTILLO IS HEREBY GRANTED LEAVE TO FILE A REPLY MEMORANDUM IN SUPPORT OF HER MOTION FOR PRELIMINARY INJUNCTION THAT DOES NOT EXCEED TWENTY FIVE PAGES IN LENGTH. ETC. SIGNED BY JUDGE: JOHNM. GALLAGHER ON 7/15/21. 7/16/21. ENTERED AND COPIES E-MAILED. (DT)
July 15, 2021 Opinion or Order Filing 18 MOTION for Leave to File Excess Pages to Motion to Dismiss Plaintiffs' Complaint filed by David Cutillo, Infinity Health Advisors LLC.Memorandum, Certificate of Service. (Attachments: #1 Memorandum, #2 Text of Proposed Order, #3 Certificate of Service)(LITZ, SEAN)
July 15, 2021 Opinion or Order Filing 17 MOTION for Leave to File Reply brief in excess of ten pages filed by Dawn Cutillo.Memorandum, Certificate of Service. (Attachments: #1 Memorandum Memorandum of Law in support of the motion, #2 Text of Proposed Order Proposed form of Order)(TANEY, FRANCIS)
July 15, 2021 Opinion or Order Filing 16 STIPULATION AND ORDER THAT THE DEFENDANT SHALL HAVE UNTIL JULY 23, 2021 TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT. ETC. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 7/15/21. 7/15/21 ENTERED AND COPIES E-MAILED. (DT)
July 14, 2021 Opinion or Order Filing 15 ORDER OF 7/14/21 THAT PLAINTIFFS' MOTION FOR EXPEDITED DISCOVERY (ECF NO. 3) IS DENIED. ETC. FURTHER ORDERED THAT A STATUS CONFERENCE WITH COUNSEL IS SCHEDULED FOR JULY 22, 2021 AT 11:30AM. ETC. SIGND BY JUDGE: JOHN M. GALLAGHER ON 7/14/21. 7/14/21 ENTERED AND COPIES E-MAILED. (DT)
July 14, 2021 Opinion or Order Set/Reset Hearings: STATUS CONFERENCE SET FOR 7/22/2021 11:30 AM BEFORE HONORABLE JOHN M. GALLAGHER. (dt, )
July 12, 2021 Opinion or Order Filing 14 ORDER OF 7/12/21 THAT THE APPLICATION OF DONNA A. TOBIN, ESQUIRE TO PRACTICE IN THIS COURT PURSUANT TO LRCP 83.5.2(b) IS GRANTED. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 7/12/21. 7/12/21 ENTERED AND COPIES E-MAILED. (DT)
July 12, 2021 Opinion or Order Filing 13 MOTION for Pro Hac Vice of Donna A. Tobin, Esquire ( Filing fee $ 40 receipt number 0313-15246048.) filed by David Cutillo, Infinity Health Advisors LLC.Declaration, Certificate of Service.(LITZ, SEAN)
July 9, 2021 Opinion or Order Filing 12 RESPONSE in Opposition re #3 MOTION for Discovery Motion for Expedited Discovery filed by David Cutillo, Infinity Health Advisors LLC. (COHEN, BARRY)
July 9, 2021 Opinion or Order Filing 11 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by David Cutillo, Infinity Health Advisors LLC. (Attachments: #1 Declaration of David Cutillo, #2 Declaration of Jennifer Cutillo, #3 Declaration of Donna Tobin)(COHEN, BARRY)
July 8, 2021 Opinion or Order Filing 10 ORDER THAT THE #8 MOTION OF DEFENDANTS, DAVID CUTILLO AND INFINITY HEALTH ADVISORS LLC (DEFENDANTS), TO EXCEED THE PAGE LIMIT IS GRANTED. IT IS FURTHER ORDERED THAT DEFENDANTS BRIEF IN OPPOSITION TO PLAINTIFFS MOTION FOR ENTRY OF PRELIMINARY INJUNCTION, INCLUDING SUPPORTING DECLARATIONS, MAY BE UP TO 60 PAGES IN LENGTH (UP TO 30 PAGES FOR OPPOSITION BRIEF; UP TO 30 PAGES FOR SUPPORTING DECLARATIONS AND EXHIBITS). SIGNED BY HONORABLE JOHN M. GALLAGHER ON 7/8/21.7/8/21 ENTERED AND COPIES E-MAILED.(mas, )
July 7, 2021 Opinion or Order Filing 9 CERTIFICATE OF SERVICE by David Cutillo, Infinity Health Advisors LLC re #8 MOTION for Leave to File Excess Pages (LITZ, SEAN)
July 7, 2021 Opinion or Order Filing 8 MOTION for Leave to File Excess Pages filed by David Cutillo, Infinity Health Advisors LLC.Memorandum, Certificate of Service.(LITZ, SEAN)
July 7, 2021 Opinion or Order Filing 7 NOTICE of Appearance by JULIE M. LATSKO on behalf of David Cutillo, Infinity Health Advisors LLC with Certificate of Service (Attachments: #1 Certificate of Service)(LATSKO, JULIE)
July 7, 2021 Opinion or Order Filing 6 NOTICE of Appearance by BARRY L. COHEN on behalf of David Cutillo, Infinity Health Advisors LLC with Certificate of Service (Attachments: #1 Certificate of Service)(COHEN, BARRY)
July 7, 2021 Opinion or Order Filing 5 NOTICE of Appearance by SEAN SEBASTIAN LITZ on behalf of David Cutillo, Infinity Health Advisors LLC with Certificate of Service (Attachments: #1 Certificate of Service)(LITZ, SEAN)
June 25, 2021 Opinion or Order Filing 4 ORDER OF 6/25/21 THAT UPON CONSIDERATION OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, SEE ECF NO. 2, AND THE MOTION FOR EXPEDITED DISCOVERY, SEE ECF NO. 3, IT IS ORDERED THAT: PLAINTIFFS SHALL IMMEDIATELY SERVE ON DEFENDANTS A COPY OF THIS ORDER AND, IF NOT ALREADY SERVED, ITS MOTION FOR PRELIMINARY INJUNCTION AND ITS MOTION FOR EXPEDITED DISCOVERY. DEFENDANT SHALL RESPOND TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, AND MOTION FOR EXPEDITED DISCOVERY NO LATER THAN JULY 9, 2021. SIGNED BY JUDGE: JOHN M. GALLAGHER ON 6/25/21. 6/25/21 ENTERED AND COPIES E-MAILED. (DT)
June 25, 2021 Opinion or Order Summons Issued as to David Cutillo, Infinity Health Advisors LLC. E-MAILED To: COUNSEL on 6/25/21 (bw, )
June 23, 2021 Opinion or Order DEMAND for Trial by Jury by Dawn Cutillo, Infinity Health LLC. (JL )
June 23, 2021 Opinion or Order Filing 3 MOTION for Discovery Motion for Expedited Discovery filed by Dawn Cutillo.Memorandum. (Attachments: #1 Memorandum Memorandum of Law in Support of Motion for Expedited Discovery, #2 Text of Proposed Order Proposed Order)(TANEY, FRANCIS)
June 23, 2021 Opinion or Order Filing 2 MOTION for Preliminary Injunction filed by Dawn Cutillo.Memorandum, Declaration. (Attachments: #1 Memorandum Memorandum of Law in Support of Motion for Summary Judgment, #2 Declaration Declaration of Dawn Cutillo, #3 Declaration Signature page to Declaration of Dawn Cutillo, #4 Exhibit Exhibit 1 to Declaration of Dawn Cutillo, #5 Exhibit Exhibit 2, part 1 to Declaration of Dawn Cutillo, #6 Exhibit Exhibit 2, part 2 to Declaration of Dawn Cutillo, #7 Exhibit Exhibit 3 to Declaration of Dawn Cutillo, #8 Text of Proposed Order Proposed Order)(TANEY, FRANCIS)
June 23, 2021 Opinion or Order Filing 1 COMPLAINT against All Defendants ( Filing fee $ 402 receipt number 0313-15208826.), filed by Dawn Cutillo, Infinity Health LLC. (Attachments: #1 Exhibit Exhibit A to Complaint, #2 Civil Cover Sheet Civil Cover Sheet, #3 Designation Form Designation Form, #4 Case Management Track Form Case Management Track Form, #5 Rule 7.1 Disclosure Form)(TANEY, FRANCIS)

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Defendant: Infinity Health Advisors LLC
Represented By: DONNA A. TOBIN
Represented By: BARRY L. COHEN
Represented By: JULIE M. LATSKO
Represented By: SEAN SEBASTIAN LITZ
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Defendant: David Cutillo
Represented By: DONNA A. TOBIN
Represented By: BARRY L. COHEN
Represented By: JULIE M. LATSKO
Represented By: SEAN SEBASTIAN LITZ
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Plaintiff: Dawn Cutillo
Represented By: FRANCIS X. TANEY, JR.
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Plaintiff: Infinity Health LLC
Represented By: FRANCIS X. TANEY, JR.
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