最近更新:2024-12-25
更新

2024-cv-03057

Piechowicz v. The Partnerships and Unincorporated Associations Identified in Schedule A

日期:02/23/2024

法院:纽约州南区法院

品牌:

律所:

日期 描述
12/23/2024 NOTICE of Dismissal of Certain Defendants. Document filed by Libby Piechowicz.
10/04/2024 NOTICE of Dismissal of Certain Defendants. Document filed by Libby Piechowicz.
09/24/2024 AMENDED PRELIMINARY INJUNCTION ORDER: Based on the foregoing findings of fact and conclusions of law, Plaintiff's Motion for a Preliminary Injunction is hereby: 1. GRANTED against Defendants on the basis of Plaintiff's claims of copyright infringement, 2. It is ORDERED as follows: As sufficient causes have been shown, Defendants are temporarily enjoined and restrained from engaging in any of the following conduct pending the return date of the Application as referenced below: as further set forth in this Order. The temporary transfer of Defendants storefront effected under Plaintiffs Temporary Restraining Order shall immediately be in effect under this Preliminary Injunction, including that all e-commerce platforms operating or hosting Defendants and all Defendant owned or operated storefronts are to: as further set forth in this Order. This Preliminary Injunction Order is entered September 24, 2024, and shall remain in effect until final judgment is rendered in this action or the Court so orders otherwise. (Signed by Judge Vernon S. Broderick on 9/24/2024)
09/23/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 68 Proposed Order was reviewed and approved as to form.
09/20/2024 PROPOSED ORDER. Document filed by Libby Piechowicz. Related Document Number: 63. Proposed Order to be reviewed by Clerk's Office staff.
09/19/2024 ORDER granting 63 Motion for Preliminary Injunction. it is hereby: ORDERED that Plaintiff's motion for a Preliminary Injunction is GRANTED. The terms of the Preliminary Injunction shall include paragraphs 1, 2, 3, and 4 of the previously issued Temporary Restraining Order, (Doc. 46 at 68). The Five Thousand Dollars ($5,000.00) bond posted by Plaintiff shall remain with the Court until a final disposition of this case, or until this Preliminary Injunction is terminated. An Order setting forth in further detail the reasons for issuing the Preliminary Injunction will issue in due course. IT IS FURTHER ORDERED that service of this Order and the Summons and Complaint to all Defendants may be made by electronic means. IT IS FURTHER ORDERED that, by September 27, 2024, Plaintiff submit a Proposed Amended Preliminary Injunction Order on the public docket. The Clerk of Court is respectfully directed to terminate the pending motion at Doc. 63 and to unseal and/or remove access restrictions from Documents 2, 3, 7, 8, 14, 15, 21, 25-29, 34, 37-41, 46, and 50-52. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/18/2024)
09/18/2024 NOTICE of Dismissal of Certain Defendants. Document filed by Libby Piechowicz.
09/17/2024 DECLARATION of Scott Alan Burroughs in Support re: 63 MOTION for Preliminary Injunction. Document filed by Libby Piechowicz.
附件:
1:Exhibit 1 to Burroughs DL
2:Exhibit 2 to Burroughs DL
3:Exhibit 3 to Burroughs DL
4:(Exhibit 4 to Burroughs DL)
09/17/2024 MEMORANDUM OF LAW in Support re: 63 MOTION for Preliminary Injunction. Document filed by Libby Piechowicz.
09/17/2024 MOTION for Preliminary Injunction. Document filed by Libby Piechowicz.
09/17/2024 LETTER addressed to Judge Vernon S. Broderick from Scott Alan Burroughs dated September 17, 2024 re: Court's Order at Dkt. 61. Document filed by Libby Piechowicz.
09/03/2024 Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 9/3/2024. (Court Reporter Paula Horovitz)
09/03/2024 ORDER:Accordingly, it is hereby: ORDERED that for the reasons stated on the record at the hearing and for good cause shown, including because Plaintiff is still working to properly serve all the defendants listed in Schedule A of the Amended Complaint, the Temporary Restraining Order is extended for fifteen (15) days until September 18, 2024. IT IS FURTHER ORDERED that the deadline to file and serve any opposing papers shall be extended to September 17, 2024. IT IS FURTHER ORDERED that, by September 17, 2024, Plaintiff submit a letter on the public docket informing me, as to each defendant that is still a party to the case: (A) the method by which Plaintiff has contacted the defendant; (B) a summary of the relevant communications between Plaintiff and the defendant, including whether the defendant has inquired about filing an opposition to the Temporary Restraining Order; and (C) for each defendant located in China, the efforts Plaintiff has made to ascertain the defendant's physical address for service of process Plaintiff's letter shall also, in the entry for Defendant #24, include the physical address listed on that defendant's Amazon.com storefront, if any. IT IS FURTHER ORDERED that, if Plaintiff intends to present a motion for a preliminary injunction, Plaintiff file such motion and any supporting papers by September 17, 2024. IT IS FURTHER ORDERED that a telephonic hearing will be held on September 18, 2024 at 12:45pm. The dial-in number for the hearing is 888-363-4749 and the access code is 2682448. SO ORDERED. (Telephone Conference set for 9/18/2024 at 12:45 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 9/3/2024)
08/30/2024 NOTICE OF DISMISSAL AS TO CERTAIN DEFENDANTS ONLY: PLEASE TAKE NOTICE that Plaintiff and Defendants Wizardi (Seller ID: A1RTLI9JTDRWW) (Def #11), ABabyCool (Seller ID:A3O1NFPHYBX1JJ) (Def #18), ESH7Shop (Seller ID: AGPB5O6IMIGA1) (Def #19), and Marussia-shop (Seller ID: A1A79VM8YAZFY1) (Def #25) (collectively, "Defendants") have reached a settlement as to all claims at issue in this case asserted against the Defendants identified herein only. Accordingly, Plaintiff hereby voluntarily dismisses its claims against Defendants identified herein only, with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i), with each party bearing its own costs and attorneys' fees. In accordance with Rule 41, the Temporary Restraining Order (ECF 46) is automatically dissolved against Defendant identified herein only. The Temporary Restraining Order (ECF 46) remains as to all other Defendants. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/30/2024)
08/30/2024 ***DELETED DOCUMENT. Deleted document number 60 AO 121 FORM COPYRIGHT - CASE TERMINATED. The document was incorrectly filed in this case.
08/30/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 58 Notice of Voluntary Dismissal, was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
08/29/2024 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. The Partnerships and Unincorporated Associations identified in Schedule A served on 8/29/2024, answer due 9/19/2024. Document filed by Libby Piechowicz.
08/29/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) The Partnerships and Unincorporated Associations identified in Schedule A. Document filed by Libby Piechowicz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
08/27/2024 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed with prejudice against the defendant(s) RHCP, LLC., RHCP, LLC terminated. (Signed by Judge Vernon S. Broderick on 8/27/2024)
08/27/2024 ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 56 Notice of Voluntary Dismissal, was reviewed and referred to Judge Vernon S. Broderick for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety.
08/26/2024 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice and without costs against the defendant(s) RHCP, LLC. Document filed by Libby Piechowicz. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
08/16/2024 Set/Reset Hearings:(Telephone Conference set for 9/3/2024 at 11:00 AM before Judge Vernon S. Broderick.)
08/16/2024 ORDER ON PLAINTIFF'S EX PARTE MOTION TO EXTEND THE TEMPORARY RESTRAINING ORDER granting 50 Motion for Extension of Time. I am in receipt of Plaintiff's Ex Parte Motion to Extend the Temporary Restraining Order and accompanying declaration. (Docs. 50, 51.) For the reasons stated therein and for good cause shown, it is hereby: ORDERED that the Temporary Restraining Order is extended by fourteen (14) days until September 3, 2024. Pursuant to Paragraph 12 of the Order, any Defendants subject to the Order may appear to move to dissolve or modify the Order on two (2) days' notice to Plaintiff. IT IS FURTHER ORDERED that the deadline to serve any opposing papers shall be extended to September 1, 2024 at 11:00am. IT IS FURTHER ORDERED that the telephonic show-cause hearing that I previously scheduled for August 20, 2024 at 10:00am is hereby ADJOURNED to September 3, 2024 at 11:00am. The dial-in number for the hearing is 888-363-4749 and the access code is 2682448. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/16/2024)
08/16/2024 NOTICE of Settlement between Plaintiff Libby Piechowicz and Defendant RHCP, LLC. Document filed by RHCP, LLC.
08/16/2024 RESPONSE in Opposition to Motion re: 50 MOTION for Extension of Time -- Plaintiff's Ex Parte Motion to Extend TRO. Document filed by RHCP, LLC.
08/16/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 52 Proposed Order was reviewed and approved as to form.
08/16/2024 ***SELECTED PARTIES***PROPOSED ORDER. Document filed by Libby Piechowicz, RHCP, LLC. Related Document Number: 50. Motion or Order to File Under Seal: 24. Proposed Order to be reviewed by Clerk's Office staff.
08/16/2024 ***SELECTED PARTIES***DECLARATION of Mackenzie Paladino in Support re: 50 MOTION for Extension of Time -- Plaintiff's Ex Parte Motion to Extend TRO. Document filed by Libby Piechowicz, RHCP, LLC. Motion or Order to File Under Seal: 24.
08/16/2024 ***SELECTED PARTIES*** MOTION for Extension of Time -- Plaintiff's Ex Parte Motion to Extend TRO. Document filed by Libby Piechowicz, RHCP, LLC.Motion or Order to File Under Seal: 24.
08/15/2024 BOND ON INJUNCTION, BOND #S-956873 in the amount of $5,000.00 posted by Libby Piechowicz.
08/15/2024 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by RHCP, LLC.
08/15/2024 SUMMONS ISSUED as to The Partnerships and Unincorporated Associations identified in Schedule A.
08/15/2024 NOTICE OF APPEARANCE by Eric A. Prager on behalf of RHCP, LLC.
08/06/2024 Set/Reset Deadlines: (Responses due by 8/18/2024), Set/Reset Hearings:(Telephone Conference set for 8/20/2024 at 10:00 AM before Judge Vernon S. Broderick.)
08/06/2024 ***SELECTED PARTIES*** ORDER granting 37 Motion for TRO. The Clerk of Court is respectfully directed to file this Order ex parte, accessible to only to the Plaintiff and the Court at this time, and to terminate the pending motion at Sealed Doc. 37. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/6/2024)
07/25/2024 DECLARATION of Mackenzie Paladino in Support re: 44 Letter. Document filed by Libby Piechowicz.
附件:
1:(Exhibit 1 to Declaration of Mackenzie Paladino)
07/25/2024 LETTER addressed to Judge Vernon S. Broderick from Plaintiff dated 7/25/2024 re: Court's Order (Dkt. #43). Document filed by Libby Piechowicz.
07/18/2024 Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 7/18/2024. (Court Reporter Martha Martin)
07/18/2024 ORDER: it is hereby: ORDERED that by July 25, 2024, Plaintiff file on the docket their response(s) to questions left open at the conclusion of the hearing. (Signed by Judge Vernon S. Broderick on 7/18/2024)
07/16/2024 ORDER Accordingly, it is hereby: ORDERED that counsel appear telephonically for an order to show cause hearing on Plaintiff's motion on July 18, 2024 at 2:00 p.m. The call-in number for the conference line is 888-363-4749 and the access code is 2682448. SO ORDERED. (Telephone Conference set for 7/18/2024 at 02:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 7/16/2024)
07/10/2024 ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. 41 Proposed Temporary Restraining Order, was reviewed and approved as to form.
07/09/2024 ***SELECTED PARTIES***PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Libby Piechowicz. Related Document Number: 37. Motion or Order to File Under Seal: 24. Proposed Order to be reviewed by Clerk's Office staff.
07/09/2024 ***SELECTED PARTIES***DECLARATION of Mackenzie Paladino in Support re: 37 MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz. Motion or Order to File Under Seal: 24.
附件:
1:Exhibit 1 to Declaration of Mackenzie Paladino
2:Exhibit 2 to Declaration of Mackenzie Paladino
3:(Exhibit 3 to Declaration of Mackenzie Paladino)
07/09/2024 ***SELECTED PARTIES***DECLARATION of Libby Piechowicz in Support re: 37 MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz. Motion or Order to File Under Seal: 24.
07/09/2024 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 37 MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz. Motion or Order to File Under Seal: 24.
07/09/2024 ***EX-PARTE*** MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz.Motion or Order to File Under Seal: 24. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
07/08/2024 DECLARATION of Mackenzie Paladino in Support re: 35 Brief. Document filed by Libby Piechowicz.
附件:
1:Exhibit 1
2:(Exhibit 2)
07/08/2024 BRIEF -- Plaintiff's Supplemental Statement Regarding Jurisdiction and Electronic Service. Document filed by Libby Piechowicz.
07/08/2024 ***SELECTED PARTIES*** BRIEF re: 33 Amended Complaint, Exhibits A & B and Schedule A to Second Amended Complaint. Document filed by Libby Piechowicz. Motion or Order to File Under Seal: 32.
附件:
1:Exhibit B to Second Amended Complaint
2:(Exhibit Schedule A to Second Amended Complaint)
07/08/2024 SECOND AMENDED COMPLAINT amending 13 Amended Complaint against The Partnerships and Unincorporated Associations identified in Schedule A with JURY DEMAND.Document filed by Libby Piechowicz. Related document: 13 Amended Complaint.
附件:
1:Exhibit A to Second Amended Complaint
2:Exhibit B to Second Amended Complaint
3:Exhibit C to Second Amended Complaint
4:Exhibit D to Second Amended Complaint
5:Exhibit E to Second Amended Complaint
6:(Exhibit Schedule A to Second Amended Complaint)
06/17/2024 Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 6/17/2024. (Court Reporter George Malinowski)
06/17/2024 ORDER denying 25 Motion for TRO. Upon consideration of Plaintiff's submissions and arguments, and for the reasons stated on the record, it is hereby: ORDERED that Plaintiff's motion for a temporary restraining order is DENIED at this time. IT IS FURTHER ORDERED that by July 8, 2024, Plaintiff file an amended complaint, which should explain how Plaintiff's jurisdictional allegations pertain to New York. In addition, Plaintiff is directed to file under seal a fully unredacted version of Document 14's Exhibit B. Plaintiff may also file a supplemental brief to address the questions I raised at the hearing, including, among other things, how Plaintiff's request for a temporary restraining order comports with the requirements of Smart Study Co. v. Acuteye- Us, 620 F. Supp. 3d 1382 (S.D.N.Y. 2022). SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/17/2024)
06/11/2024 NOTICE OF APPEARANCE by Scott Burroughs on behalf of Libby Piechowicz.
06/11/2024 ORDER Accordingly, it is hereby: ORDERED that counsel for all parties appear telephonically for an order to show cause hearing on Plaintiffs motion on June 17, 2024 at 11:00 a.m. The call-in number for the conference line is 888-363-4749 and the access code is 2682448. SO ORDERED. (Telephone Conference set for 6/17/2024 at 11:00 AM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 6/11/2024)
06/06/2024 ***NOTICE TO COURT REGARDING PROPOSED TEMPORARY RESTRAINING ORDER. Document No. 29 Proposed Temporary Restraining Order was reviewed and approved as to form.
06/05/2024 ***SELECTED PARTIES***PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Libby Piechowicz. Related Document Number: 25. Motion or Order to File Under Seal: 24. Proposed Order to be reviewed by Clerk's Office staff.
06/05/2024 ***SELECTED PARTIES***DECLARATION of Libby Piechowicz in Support re: 25 MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz. Motion or Order to File Under Seal: 24.
06/05/2024 ***SELECTED PARTIES***DECLARATION of Mackenzie Paladino in Support re: 25 MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz. Motion or Order to File Under Seal: 24.
附件:
1:Exhibit 1 to Declaration of Mackenzie Paladino
2:Exhibit 2 to Declaration of Mackenzie Paladino
3:(Exhibit 3 to Declaration of Mackenzie Paladino)
06/05/2024 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: 25 MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz. Motion or Order to File Under Seal: 24.
06/05/2024 ***EX-PARTE*** MOTION for Temporary Restraining Order. Document filed by Libby Piechowicz.Motion or Order to File Under Seal: 24. (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
05/21/2024 ORDER granting 23 Letter Motion for Leave to File Document. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/20/2024)
05/13/2024 LETTER MOTION for Leave to File Ex Parte Motion for TRO and Other Relief Under Seal addressed to Judge Vernon S. Broderick from Plaintiff dated 5/13/2024. Document filed by Libby Piechowicz.
04/22/2024 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.
04/22/2024 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.
04/22/2024 Case Designated ECF.
04/22/2024 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.
04/22/2024 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.
04/22/2024 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.
03/29/2024 TRANSFERRED to the Southern District of New York the electronic record [Transferred from Illinois Northern on 4/22/2024.]
03/15/2024 JUDGMENT Order Signed by the Honorable John J. Tharp, Jr on 3/15/2024. Mailed notice [Transferred from Illinois Northern on 4/22/2024.]
03/15/2024 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 [Transferred from Illinois Northern on 4/22/2024.]
03/12/2024 MOTION by Plaintiff Libby Piechowicz to transfer case [Transferred from Illinois Northern on 4/22/2024.]
02/27/2024 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 [Transferred from Illinois Northern on 4/22/2024.]
02/23/2024 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 [Transferred from Illinois Northern on 4/22/2024.]
附件:
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)

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