Castle v. Kingsport Publishing Corporation
| Brian Castle |
| Kingsport Publishing Corporation |
| 2:2019cv00092 |
| June 3, 2019 |
| US District Court for the Eastern District of Tennessee |
| Clifton L Corker |
| Thomas A Varlan |
| Cynthia R Wyrick |
| Copyright |
| 17 U.S.C. § 101 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 13, 2021. A more recent docket listing may be available from PACER.
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| Filing 76 STIPULATION and Agreement (Joint) by Kingsport Publishing Corporation. (Wilcox, Deborah) |
| Filing 75 BILL OF COSTS by Kingsport Publishing Corporation. Please pay costs directly to the attorney for the prevailing party..Bill of costs DDL set for 1/25/2021. (Attachments: #1 Affidavit, #2 Exhibit A, #3 Exhibit B)(Wilcox, Deborah) |
| Filing 74 NOTICE of Discipline by a Foreign Judgment. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (CAT) |
Filing 73
JUDGMENT re #72 Memorandum Opinion and Order. In accordance with the Memorandum Opinion and Order filed this day, Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE with costs taxed to Plaintiff in accordance with Fed.R.Civ.P. 54(d). Plaintiff shall recover nothing from Defendant. Signed by District Judge Clifton L Corker on 12/14/2020. (CAT)
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Filing 72
MEMORANDUM OPINION AND ORDER: For the above reasons, the Court GRANTS Defendant's motion for summary judgment [Doc. 54]. The Court DENIES Plaintiff's motion for partial summary judgment [Doc.56]. The Court DISMISSES Plaintiff's copyright claim with prejudice. The Clerk is directed to close the case. A separate judgment shall enter.Signed by District Judge Clifton L Corker on 12/14/2020. (CAT)
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| Filing 71 REPLY to Response to Motion re #69 MOTION in Limine to Preclude Evidence on Willfulness and Request for Oral Argument filed by Kingsport Publishing Corporation. (Wilcox, Deborah) |
| Filing 70 RESPONSE in Opposition re #69 MOTION in Limine to Preclude Evidence on Willfulness filed by Brian Castle. (Liebowitz, Richard) |
| Filing 69 MOTION in Limine to Preclude Evidence on Willfulness by Kingsport Publishing Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B)(Wilcox, Deborah) |
| Filing 68 REPLY to Response to Motion re #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. filed by Brian Castle. (Liebowitz, Richard) |
| Filing 67 REPLY to Response to Motion re #54 MOTION for Summary Judgment filed by Kingsport Publishing Corporation. (Attachments: #1 Exhibit 1 - Supplemental Reply to Defendants Statement of Undisputed Facts)(Wilcox, Deborah) |
| Filing 66 RESPONSE in Opposition re #54 MOTION for Summary Judgment filed by Brian Castle. (Attachments: #1 Exhibit Response to Defenant's Statement of Facts)(Liebowitz, Richard) |
| Filing 65 RESPONSE in Opposition re #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. filed by Kingsport Publishing Corporation. (Attachments: #1 Exhibit A - Kingsport's Response to Plaintiff's Statement of Undisputed Material Facts, #2 Exhibit B - Declaration of Eric (Rick) Thomason)(Wilcox, Deborah) |
| Filing 64 NOTICE OF NONCONSENT to Magistrate by Kingsport Publishing Corporation (Wilcox, Deborah) |
| Filing 63 AMENDED DOCUMENT by Brian Castle. Amendment to #59 Affidavit in Support of Motion, Identical to Dkt. #59 in all respects, except includes Brian Castle's signature page. (Liebowitz, Richard) |
| Filing 62 Administrative Notice to Counsel #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. : INFORMATIONAL ONLY. For future reference per ECF Rule 4.9, Orders not agreed to by all parties should NOT be included as an attachment to a motion or other requests for relief. See ECF Rule 4.9 for more details. (CAT) |
| Filing 61 AFFIDAVIT in Support re #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. filed by Brian Castle. (Attachments: #1 Exhibit A)(Liebowitz, Richard) |
| Filing 60 AFFIDAVIT in Support re #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. filed by Brian Castle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Liebowitz, Richard) |
| Filing 59 AFFIDAVIT in Support re #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. filed by Brian Castle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Liebowitz, Richard) |
| Filing 58 STATEMENT of Material Facts re #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. filed by Brian Castle. (Liebowitz, Richard) |
| Filing 57 MEMORANDUM in Support of Motion re #56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. filed by Brian Castle. (Liebowitz, Richard) |
| Filing 56 MOTION for Partial Summary Judgment as to liability for copyright infringement against Kingsport Publishing Corp. by Brian Castle. (Attachments: #1 Other Proposed Order)(Liebowitz, Richard) |
| Filing 55 MEMORANDUM in Support of Motion re #54 MOTION for Summary Judgment filed by Kingsport Publishing Corporation. (Attachments: #1 Statement of Undisputed Facts, #2 Exhibit A - L)(Wilcox, Deborah) |
| Filing 54 MOTION for Summary Judgment by Kingsport Publishing Corporation. (Wilcox, Deborah) |
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Filing 53
AMENDED SCHEDULING ORDER: The parties filed a Joint Motion to Extend Deadline for Dispositive Motions [Doc. 50] and a telephonic status hearing was held on September 22, 2020. As discussed at the hearing, the Court found the request for more time to file dispositive motions well-taken but also felt like a brief continuance of the trial date was warranted. Therefore, the motion is GRANTED, and the key scheduling deadlines are listed below with further discussion set forth herein. Jury Trial set for 2/23/2021 at 9:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. The expected length of trial is three (3) days. Final Pretrial Conference set for 2/4/2021 at 1:30 PM. Dispositive Motions due by 10/23/2020. See Amended Scheduling Order for details. Signed by District Judge Clifton L Corker on 09/22/2020. (CAT)
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| Filing 52 NOTICE by Brian Castle (Liebowitz, Richard) |
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Filing 51
ORDER: The parties have filed a Joint Motion to Extend the Dispositive Motion Deadline [Doc. 50]. A telephonic conference on this matter is set for Tuesday, September 22, 2020 at 1:00 p.m. EST. The parties shall call the Court's conference line at 866-390-1828 and enter access code 4845352 at the appointed time. Signed by District Judge Clifton L Corker on 09/18/2020. (CAT)
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| Filing 50 Joint MOTION to Amend/Revise #45 Scheduling Order,,,, Terminate Motions,,, (Extend Deadline for Dispositive Motions) by Kingsport Publishing Corporation. (Wilcox, Deborah) |
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Filing 49
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Clifton L Corker on 09/16/2020. (Attachments: #1 Other Notice of Consent / Non Consent) (CAT)
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| Filing 48 ANSWER to #38 Amended Complaint by Kingsport Publishing Corporation.(Wilcox, Deborah) |
| Filing 47 STIPULATION re #38 Amended Complaint Joint Stipulation for Extension to File Answer and Affirmative Defenses to Second Amended Complaint by Kingsport Publishing Corporation. (Wilcox, Deborah) |
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Filing 46
ORDER denying #26 Motion to Dismiss for Failure to State a Claim. As the Court finds that additional facts are needed and the fair use affirmative defense is not apparent on the face of the Second Amended Complaint, Defendant's Motion to Dismiss [Doc. 26] is DENIED. See Order for details. Signed by District Judge Clifton L Corker on 08/18/2020. (CAT)
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Filing 45
AMENDED SCHEDULING ORDER: The parties filed a Joint Motion to Extend Scheduling Order [Doc. 44] requesting a three month extension of the trial date and related deadlines due to the COVID-19 pandemic and Standing Order 20-06. This motion is well-taken and therefore, GRANTED. The Court adopts the new dates and deadlines as proposed in the motion. Any other dates and deadlines not explicitly stated here shall remain unchanged. The parties shall refer to the original Scheduling Order [Doc. 34] for the Court's procedures and policies regarding the case. Jury Trial set for 1/20/2021 at 9:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. The expected length of trial is three (3) days. Final Pretrial Conference set for 1/13/2021 at 1:30 PM. Dispositive Motions due by 9/22/2020. Signed by District Judge Clifton L Corker on 04/03/2020. (CAT)
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| Filing 44 Joint MOTION for Extension of Time to Complete Discovery (Extend Scheduling Order) by Kingsport Publishing Corporation. (Wilcox, Deborah) |
| Filing 43 MEMORANDUM in Support of Motion re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (Supplemental Brief) filed by Kingsport Publishing Corporation. (Gehman, Lisa) |
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Filing 42
ORDER granting #40 Motion for Leave to File Document. Defendant shall file its Supplemental Brief by Monday, February 24, 2020. Signed by District Judge Clifton L Corker on 02/20/2020. (AMP)
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| Filing 41 Administrative Notice to Counsel #40 MOTION for Leave to File Supplemental Brief in Support of Defendant's Renewed Motion to Dismiss : INFORMATIONAL ONLY. For future reference, please use the ECF login information of the person who's s/signature is on the filing. (CAT) |
| Filing 40 MOTION for Leave to File Supplemental Brief in Support of Defendant's Renewed Motion to Dismiss by Kingsport Publishing Corporation. (Attachments: #1 Supplement Brief in Support of Defendant's Renewed Motion to Dismiss)(Gehman, Lisa) |
| Filing 39 RESPONSE in Opposition re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM AMENDED to Conform with 2d Am. Complaint (as per Stipulation) filed by Brian Castle. (Liebowitz, Richard) |
| Filing 38 2nd AMENDED COMPLAINT against Kingsport Publishing Corporation., filed by Brian Castle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Liebowitz, Richard) Modified docket text on 2/11/2020 (CAT). |
| Filing 37 Administrative Notice to Counsel #36 Stipulation : Please refile 2nd Amended Complaint as a separate document, by using the event Amended Complaint, found under Complaints and Other Initiating Documents, and in the docket text be sure to type "2nd". Requirements due by 2/18/2020. (CAT) |
| Filing 36 STIPULATION re #25 Amended Complaint by Brian Castle. (Attachments: #1 Exhibit STIPULATED 2D AMENDED COMPLAINT)(Liebowitz, Richard) |
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Filing 35
STIPULATED PROTECTIVE ORDER. See Order for details. Signed by Magistrate Judge Cynthia R Wyrick on 01/27/2020. (CAT)
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Filing 34
SCHEDULING ORDER: Jury Trial set for 10/20/2020 at 9:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. The expected length of trial is three (3) days. Final Pretrial Conference set for 10/13/2020 at 1:30 PM. Dispositive Motions due by 6/22/2020. See Order for details. Signed by District Judge Clifton L Corker on 11/7/2019. (CAT)
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Filing 33
ORDER denying as moot #18 Motion to Dismiss for Failure to State a Claim. On August 1, 2019, Defendant filed a Motion to Dismiss for Failure to State a Claim [Doc. 18]. On August 21, 2019 and August 26, 2019, Plaintiff filed Amended Complaints [Docs. 24, 25]. Defendant subsequently filed a Renewed Motion to Dismiss [Doc. 26] on September 4, 2019 based on the Amended Complaint. Therefore, Defendant's original Motion to Dismiss [Doc. 18], which was based on the original Complaint, is DENIED as moot. Signed by District Judge Clifton L Corker on 11/05/2019. (CAT)
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Filing 32
ORDER REASSIGNING CASE. Magistrate Judge Susan K Lee no longer assigned to case Case reassigned to Magistrate Judge Cynthia R Wyrick for all further proceedings. Signed by District Judge Pamela L Reeves on 11/4/2019. (RET)
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| Filing 31 REPLY to Response to Motion re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kingsport Publishing Corporation. (Wilcox, Deborah) |
| Filing 30 RESPONSE in Opposition re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brian Castle. (Liebowitz, Richard) |
| Filing 29 TEXT ORDER granting #28 Plaintiff's unopposed Motion for Extension of Time to File Response/Reply. For good cause shown and without objection, Plaintiff shall have until October 4, 2019 to file his response to Defendant's renewed motion to dismiss [Doc. 26]. This docket text entry constitutes the complete Order of the Court signed by United States Magistrate Judge Susan K. Lee. (Lee, Susan) |
| Filing 28 Unopposed MOTION for Extension of Time to File Response/Reply as to #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Brian Castle. (Attachments: #1 Affidavit Richard Liebowitz Declaration, #2 Other Proposed Order)(Liebowitz, Richard) |
| Filing 27 MEMORANDUM in Support of Motion re #26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kingsport Publishing Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wilcox, Deborah) |
| Filing 26 Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kingsport Publishing Corporation. (Wilcox, Deborah) |
| Filing 25 AMENDED COMPLAINT against Kingsport Publishing Corporation., filed by Brian Castle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Liebowitz, Richard) |
| Filing 24 AMENDED COMPLAINT against Kingsport Publishing Corporation., filed by Brian Castle. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Liebowitz, Richard) |
| Magistrate Judge Susan K Lee added. Magistrate Judge M Clifton L Corker no longer assigned to case pursuant to SO-19-13. (CNC) |
| AMENDED NOTICE of Hearing: Final Pretrial Conference set for 10/13/2020 01:30 PM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. Jury Trial set for 10/20/2020 09:00 AM in Courtroom 420 - Greeneville before District Judge Clifton L Corker. (RET) |
| Filing 23 Notice of Attorney Withdrawal Attorney Seth Lee Hudson terminated. (Hudson, Seth) |
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Filing 22
ORDER REASSIGNING CASE. District Judge Thomas A Varlan no longer assigned to case. Case reassigned to District Judge Clifton L Corker for all further proceedings. Signed by District Judge Pamela L Reeves on 08/09/2019. (CAT)
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| Filing 21 REPORT of Rule 26(f) Planning Meeting. (Wilcox, Deborah) |
| Filing 20 MEMORANDUM in Support of Motion re #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Kingsport Publishing Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wilcox, Deborah) |
| Filing 19 Administrative Notice to Counsel #18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : Brief in Support should be filed separately. Please refile using the event Memorandum in Support of Motion under Filings in Support of Motion and link it back to the Motion, Doc. 18. Furthermore a joint motion is required for a proposed agreed order, please see ECF Rule 4.8. Requirements due by 8/7/2019. (CAT) |
| Filing 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Kingsport Publishing Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Wilcox, Deborah) |
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Filing 17
ORDER: On July 16, 2019, parties filed a Second Stipulation for Extension of Time to Respond to Complaint [Doc. 16] pursuant to Local Rule 12.1, which requires any extension of time beyond an initial extension to be approved by order of the Court. Parties agreed that Defendant shall have an extension of time up to and including August 1, 2019 to serve its response to Plaintiff's complaint. This stipulation is GRANTED. Signed by Magistrate Judge Clifton L Corker on 07/19/2019. (CAT)
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| Filing 16 STIPULATION Second Stipulation for Extension of Time to Respond to Complaint by Kingsport Publishing Corporation. (Wilcox, Deborah) |
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Filing 15
SCHEDULING ORDER: Jury Trial set for 10/20/2020 09:00 AM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan. Final Pretrial Conference set for 10/13/2020 01:30 PM in Courtroom 4 - Knoxville before District Judge Thomas A Varlan.Signed by District Judge Thomas A Varlan on 7/16/19. (ABF)
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Filing 14
ORDER granting #13 Motion for Leave to Appear Pro Hac Vice. Defendant has filed a Motion for admission of Lisa Bollinger Gehman, Esq., pro hac vice in this action [Doc. 13]. The Motion is GRANTED. Counsel MUST register immediately as a CM/ECF user in this district. The registration form can be found at the Court's website, www.tned.uscourts.gov, under For Attorneys and Electronic Case Filing. Signed by Magistrate Judge Clifton L Corker on 07/10/2019.(Copy of Order mailed to Lisa Bollinger Gehman) (CAT)
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| Filing 13 MOTION for Leave to Appear Pro Hac Vice for Lisa Bollinger Gehman (Filing fee $ 90.00 Receipt number G2011698) by Kingsport Publishing Corporation. (Attachments: #1 Certificate of Good Standing, #2 Envelope) (CAT) |
| Clerk's Verification of PHV Requirements is complete for Lisa Bollinger Gehman regarding document: #13 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 Receipt Number G2011698) filed by Kingsport Publishing Corporation. (CAT) |
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Filing 12
ORDER granting #9 Motion for Leave to Appear Pro Hac Vice. Defendant has filed a Motion for admission of Deborah A. Wilcox, Esq., pro hac vice in this action [Doc. 9]. The Motion is GRANTED. Counsel MUST register immediately as a CM/ECF user in this district. The registration form can be found at the Court's website, www.tned.uscourts.gov, under For Attorneys and Electronic Case Filing. Signed by Magistrate Judge Clifton L Corker on 06/28/2019. (Copy of Order mailed to Deborah Wilcox) (CAT)
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| Filing 11 NOTICE of Deficiency (Pro Hac). Attorney Lisa Gehman is not admitted (See LR 83.5). This matter will be referred to a magistrate judge if a pro hac motion is not filed within 15 days of this Notice. (Copy of Notice mailed to Lisa Gehman) (CAT) |
| Filing 10 STIPULATION for Extension of Time to Respond to Complaint by Kingsport Publishing Corporation. (CAT) |
| Filing 9 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 receipt number G2011677) by Kingsport Publishing Corporation. (Attachments: #1 Certificate of Good Standing) (CAT) |
| Clerk's Verification of PHV Requirements is complete for Deborah Wilcox regarding document: #9 MOTION for Leave to Appear Pro Hac Vice (Filing fee $ 90.00 receipt number G2011677) filed by Kingsport Publishing Corporation (CAT) |
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Filing 8
ORDER granting #2 Motion for Leave to Appear Pro Hac Vice. Plaintiff has filed a Motion for admission of Richard Liebowitz, Esq., pro hac vice in this action [Doc. 2]. The Motion is GRANTED. Counsel MUST register immediately as a CM/ECF user in this district. The registration form can be found at the Court's website, www.tned.uscourts.gov, under For Attorneys and Electronic Case Filing. Signed by Magistrate Judge Clifton L Corker on 06/04/2019. (Copy of Order mailed to Richard Liebowitz) (CAT)
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Filing 7
Order Governing Sealing Confidential Information. Signed by District Judge Thomas A Varlan on June 4, 2019. (AYB)
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Filing 6
Order Governing Motions To Dismiss. Signed by District Judge Thomas A Varlan on June 4, 2019. (AYB)
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Filing 5
Order Governing Depositions.Signed by District Judge Thomas A Varlan on June 4, 2019. (AYB)
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| Filing 4 Summons Issued as to Kingsport Publishing Corporation. (AYB) |
| AO 121 mailed to the Register of Copyrights (AYB) |
| Clerk's Verification of PHV Requirements is complete regarding #2 MOTION for Leave to Appear Pro Hac Vice. Mr. Liebowitz's certificate of good standing is older than 30 days, however, a check of the New York State Unified Court System found no record of public discipline. (AYB) |
| District Judge Thomas A Varlan and Magistrate Judge Clifton L Corker added. (AYB) |
| Filing 3 NOTICE by Brian Castle Of Filing Copyright Action (Hudson, Seth) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice ( Filing fee $ 90 receipt number 0649-3987785.) by Brian Castle. (Hudson, Seth) |
| Filing 1 COMPLAINT against Kingsport Publishing Corporation ( Filing fee $ 400 receipt number 0649-3987666.), filed by Brian Castle. (Attachments: #1 Exhibit A - Castle Photograph of Construction Site, #2 Exhibit B - Kingsport Article, #3 Other Civil Cover Sheet, #4 Summons)(Hudson, Seth) |
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| Defendant: Kingsport Publishing Corporation | |
| Represented By: | Lisa Bollinger Gehman |
| Represented By: | Deborah A Wilcox |
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| Plaintiff: Brian Castle | |
| Represented By: | Seth Lee Hudson |
| Represented By: | Richard Liebowitz |
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