John Wiley & Sons, Inc. v. John Does Nos. 1-27 et al



 
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RFC Case Number: C-J12-914J
Court Case Number: 1:12-cv-00914-RJA
File Date: Thursday, September 27, 2012
Plaintiff: John Wiley & Sons, Inc.
Plaintiff Counsel: William I. Dunnegan, Samantha A. Morrissey of Dunnegan & Scileppi LLC
Defendant: John Does Nos. 1-27
Jeff Ng
Ralph Mohr
Robert Carpenter
Xiaoshu Chen
Cause: 17:101 Copyright Infringement
Court: New York Western District Court
Judge: Hon. Richard J. Arcara
Notes:

Docket Text

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Date # Docket Text
9/27/2012 45 Case transferred in from District of New York Southern; Case Number 1:11-cv-07627. (Entered: 09/27/2012)
9/14/2012 44 ENDORSED LETTER addressed to Judge William H. Pauley III, from William Dunnegan, dated 9/12/2012, re: request that the Court transfer this action pursuant to 28 U.S.C. Sec. 1401 to the Western District of New York. We also request that the Court cancel the conference scheduled for September 28, 2012. ENDORSEMENT: Applications granted. This action is hereby transferred to the U.S. District Court for the Western District of New York. The Clerk of the Court is directed to effectuate the transfer. SO ORDERED. (Signed by Judge William H. Pauley, III on 9/14/2012) (ja) [Transferred from nysd on 9/27/2012.] (Entered: 09/17/2012)
9/14/2012 CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - Western District of New York. (ja) Modified on 9/26/2012 (ja). [Transferred from nysd on 9/27/2012.] (Entered: 09/26/2012)
9/12/2012 43 ORDER: The conference scheduled for September 28, 2012 is rescheduled to September 25, 2012 at 2:00 p.m., ( Status Conference set for 9/25/2012 at 02:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/11/2012) Copies Sent By Chambers. (lmb) [Transferred from nysd on 9/27/2012.] (Entered: 09/12/2012)
6/22/2012 38 DEFAULT JUDGMENT AND PERMANENT INJUNCTION # 12,1109 in favor of John Wiley & Sons, Inc. against Robert Carpenter in the amount of $ 7,000.00. (Signed by Judge William H. Pauley, III on 6/21/12) (Attachments: # 1 NOTICE OF RIGHT TO APPEAL)(ml)[Transferred from nysd on 9/27/2012.] (Entered: 06/22/2012)
5/31/2012 37 ORDER: The Default Judgment and Permanent Injunction entered on May 31, 2012 (ECF No. 36) is hereby vacated. Under the Scheduling Order dated May 11, 2012, Defendant Robert Carpenter shall serve and file his opposition to Plaintiff's motion by June 18, 2012. Plaintiff shall serve and file its reply, if any, by June 25, 2012. This Court will take the motion on submission. Plaintiff is directed to serve a copy of this Order on Defendant Carpenter. Set Deadlines/Hearing as to 33 MOTION for Default Judgment as to Robert Carpenter. :( Responses due by 6/18/2012, Replies due by 6/25/2012.) (Signed by Judge William H. Pauley, III on 5/31/2012) (jfe) [Transferred from nysd on 9/27/2012.] (Entered: 05/31/2012)
5/31/2012 36 DEFAULT JUDGMENT # 12,0909 in favor of John Wiley & Sons, Inc. against Robert Carpenter in the amount of $ 7,000.00. (Signed by Judge William H. Pauley, III on 5/31/12) (Attachments: # 1 Notice of Right to Appeal)(dt) [Transferred from nysd on 9/27/2012.] (Entered: 05/31/2012)
5/31/2012 Transmission to Judgments and Orders Clerk. Transmitted re: 37 Order, Set Motion and R&R Deadlines/Hearings to the Judgments and Orders Clerk. (jfe) [Transferred from nysd on 9/27/2012.] (Entered: 05/31/2012)
5/30/2012 35 AFFIDAVIT OF SERVICE of Notice of Motion of Plaintiff for a Default Judgment and Supporting Documents served on Robert Carpenter on 5/30/12. Service was made by MAIL. Document filed by John Wiley & Sons, Inc.. (Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 05/30/2012)
5/30/2012 34 DECLARATION of William Dunnegan in Support re: 33 MOTION for Default Judgment as to Robert Carpenter.. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit A- Complaint, # 2 Exhibit B- Amended Complaint and Supplemental Summons, # 3 Exhibit C- Affidavit of Service, # 4 Exhibit D- Certificate of Default, # 5 Exhibit E- Book Excerpt, # 6 Exhibit F- Proposed Default Judgment Order)(Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 05/30/2012)
5/30/2012 33 MOTION for Default Judgment as to Robert Carpenter. Document filed by John Wiley & Sons, Inc..(Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 05/30/2012)
5/30/2012 32 Clerk's Certificate of Default as to Robert Carpenter (jnm) [Transferred from nysd on 9/27/2012.] (Entered: 05/30/2012)
5/14/2012 31 VOLUNTARY DISMISSAL OF CLAIMS: John Wiley & Sons, Inc. hereby dismisses all claims against Xiaoshu Chen asserted in this action without prejudice and without costs. (Signed by Judge William H. Pauley, III on 5/11/2012) (pl) [Transferred from nysd on 9/27/2012.] (Entered: 05/14/2012)
5/14/2012 30 VOLUNTARY DISMISSAL OF CLAIMS: John Wiley & Sons, Inc. hereby dismisses all claims against Jeff Ng asserted in this action with prejudice and without costs pursuant to the settlement agreement between the parties. (Signed by Judge William H. Pauley, III on 5/11/2012) (pl) [Transferred from nysd on 9/27/2012.] (Entered: 05/14/2012)
5/14/2012 29 SCHEDULING ORDER: Counsel for Plaintiff and Defendant pro se Ralph Mohr having appeared for a conference on May 11, 2012, the following schedule is established: (1) Plaintiff shall serve and file its motion for a default judgment against Defendant Robert Carpenter by May 30, 2012; (2) Defendant Carpenter shall serve and file his opposition by June 18, 2012; (3) Plaintiff shall serve and file its reply, if any, by June 25, 2012; (4) This Court will take the motion on submission; (5) All discovery in this matter shall be completed by September 14, 2012; and (6) The parties are directed to appear for a conference on September 28, 2012 at 10:00 a.m. (Signed by Judge William H. Pauley, III on 5/11/2012) Copies Mailed By Chambers. (mro) [Transferred from nysd on 9/27/2012.] (Entered: 05/14/2012)
5/11/2012 Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 5/11/2012. (jfe) [Transferred from nysd on 9/27/2012.] (Entered: 06/21/2012)
5/11/2012 ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Samantha Morrissey Document 28 Notice of Voluntary Dismissal, 27 Notice of Voluntary Dismissal, was referred to Judge William H. Pauley, III for approval. (ml) [Transferred from nysd on 9/27/2012.] (Entered: 05/11/2012)
5/10/2012 28 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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) Jeff Ng. Document filed by John Does Nos. 1-27. (Morrissey, Samantha) Modified on 5/11/2012 (ml). [Transferred from nysd on 9/27/2012.] (Entered: 05/10/2012)
5/10/2012 27 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - 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, without prejudice against the defendant(s) Xiaoshu Chen. Document filed by John Wiley & Sons, Inc.. (Morrissey, Samantha) Modified on 5/11/2012 (ml). [Transferred from nysd on 9/27/2012.] (Entered: 05/10/2012)
4/25/2012 ***DELETED DOCUMENT. Deleted document number 27 Rule 7.1 Statement. The document was incorrectly filed in this case. (db) [Transferred from nysd on 9/27/2012.] (Entered: 04/25/2012)
4/24/2012 26 AFFIDAVIT OF SERVICE. Robert Carpenter served on 4/11/2012, answer due 5/2/2012. Service was accepted by Robert Carpenter. Document filed by John Wiley & Sons, Inc.. (Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 04/24/2012)
4/24/2012 25 AFFIDAVIT OF SERVICE. Jeff Ng served on 4/10/2012, answer due 5/1/2012. Service was accepted by Jeff Ng. Document filed by John Wiley & Sons, Inc.. (Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 04/24/2012)
4/19/2012 23 ENDORSED LETTER addressed to Judge William H. Pauley III from Ralph M. Mohr dated 3/28/12 re: Defendant writes to request a pre-motion conference. ENDORSEMENT: The Court will consider the proposal to make a motion at the conference on May 11, 2012 at 10:00 a.m. (Signed by Judge William H. Pauley, III on 4/18/2012) (mro) [Transferred from nysd on 9/27/2012.] (Entered: 04/19/2012)
4/11/2012 22 AFFIDAVIT OF SERVICE of Jury Demand served on Jeff Ng, Ralph Mohr, Robert Carpenter, and Xiaoshu Chen on 4/11/12. Service was made by Mail. Document filed by John Wiley & Sons, Inc.. (Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 04/11/2012)
4/11/2012 21 DEMAND for Trial by Jury. Document filed by John Wiley & Sons, Inc.(Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 04/11/2012)
4/11/2012 20 FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - DEMAND for Trial by Jury. Document filed by John Wiley & Sons, Inc.(Morrissey, Samantha) Modified on 4/11/2012 (kco). [Transferred from nysd on 9/27/2012.] (Entered: 04/11/2012)
4/3/2012 24 WAIVER OF SERVICE RETURNED EXECUTED. Ralph Mohr waiver sent on 2/29/2012, answer due 4/30/2012. Document filed by Ralph Mohr. (lmb) (ft). [Transferred from nysd on 9/27/2012.] (Entered: 04/23/2012)
4/3/2012 19 ANSWER to 15 Amended Complaint. Document filed by Ralph Mohr.(lmb) (ft). [Transferred from nysd on 9/27/2012.] (Entered: 04/10/2012)
3/29/2012 18 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 3/23/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) [Transferred from nysd on 9/27/2012.] (Entered: 03/29/2012)
3/29/2012 17 TRANSCRIPT of Proceedings re: Conference held on 3/23/2012 before Judge William H. Pauley, III. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/23/2012. Redacted Transcript Deadline set for 5/3/2012. Release of Transcript Restriction set for 7/2/2012.(McGuirk, Kelly) [Transferred from nysd on 9/27/2012.] (Entered: 03/29/2012)
3/26/2012 16 SCHEDULING ORDER: Status Conference set for 5/11/2012 at 10:00 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 3/23/2012) (cd) [Transferred from nysd on 9/27/2012.] (Entered: 03/26/2012)
3/23/2012 Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 3/23/2012. (cd) [Transferred from nysd on 9/27/2012.] (Entered: 04/17/2012)
2/27/2012 15 AMENDED COMPLAINT amending 1 Complaint against Jeff Ng, Ralph Mohr, Robert Carpenter, Xiaoshu Chen.Document filed by John Wiley & Sons, Inc.. Related document: 1 Complaint filed by John Wiley & Sons, Inc..(pl) [Transferred from nysd on 9/27/2012.] (Entered: 03/07/2012)
2/8/2012 13 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Conference proceeding held on 1/13/2012 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) [Transferred from nysd on 9/27/2012.] (Entered: 02/08/2012)
2/8/2012 12 TRANSCRIPT of Proceedings re: Conference held on 1/13/2012 before Judge William H. Pauley, III. Court Reporter/Transcriber: Ann Hairston, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/5/2012. Redacted Transcript Deadline set for 3/15/2012. Release of Transcript Restriction set for 5/11/2012.(McGuirk, Kelly) [Transferred from nysd on 9/27/2012.] (Entered: 02/08/2012)
2/3/2012 14 INTERNET CITATION NOTE: Material from decision with Internet citation re: 11 Order on Motion to Dismiss, Order on Motion to Quash, Order on Motion for Protective Order. (tro) [Transferred from nysd on 9/27/2012.] (Entered: 02/16/2012)
2/3/2012 11 MEMORANDUM & ORDER denying 10 Motion to Dismiss; denying 10 Motion to Quash; denying 10 Motion for Protective Order. Doe No. 7's motion to proceed anonymously is denied with prejudice. Doe No. 7's motions to dismiss the complaint for lack of personal jurisdiction and improper venue, and his motion for severance, are denied without prejudice. Finally, Doe No. 7's motion to quash the subpoena and for a protective order is denied. The Clerk of the Court is directed to terminate the motion pending at ECF No. 10. (Signed by Judge William H. Pauley, III on 2/3/2012) (ft) [Transferred from nysd on 9/27/2012.] (Entered: 02/03/2012)
1/18/2012 9 AFFIDAVIT OF SERVICE of Memorandum in Opposition to John Doe No. 7's Motion and Transcript of Conference served on John Doe No. 7 on 1-18-12. Service was made by Mail. Document filed by John Does Nos. 1-27. (Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 01/18/2012)
1/18/2012 8 OPPOSITION BRIEF to John Doe No. 7's Motion to Dismiss or Quash. Document filed by John Wiley & Sons, Inc.. (Attachments: # 1 Exhibit Exhibit A)(Morrissey, Samantha) [Transferred from nysd on 9/27/2012.] (Entered: 01/18/2012)
1/17/2012 7 SCHEDULING ORDER: Plaintiff's counsel having appeared for a conference on January 13, 2012, the following schedule is established: (1) Plaintiff shall file its opposition to Defendant John Doe's motion by January 18, 2012; (2) Plaintiff shall file its amended complaint by February 27, 2012; and (3) The parties are directed to appear for a conference on March 23, 2012 at 10:00 a.m. (Signed by Judge William H. Pauley, III on 1/13/2012) (mro) [Transferred from nysd on 9/27/2012.] (Entered: 01/17/2012)
1/13/2012 Minute Entry for proceedings held before Judge William H. Pauley, III: 15 minute Initial Pretrial Conference held on 1/13/2012. (rjm) [Transferred from nysd on 9/27/2012.] (Entered: 02/22/2012)
1/12/2012 10 MOTION to Dismiss and, in the Alternative, to Quash the Subpoena and Issue a Protective Order. Document filed by John Does Nos. 1-27.(lmb) (ft). [Transferred from nysd on 9/27/2012.] (Entered: 01/19/2012)
1/4/2012 6 ENDORSED LETTER: addressed to Judge William H. Pauley from William Dunnegan dated 1/3/2012 re: Counsel for plaintiff requests that the Court adjourn the pre-trial conference scheduled for January 13, 2012 for about 45 to 60 days. ENDORSEMENT: Application denied. At the conference on January 13, 2012, Plaintiff's counsel should explain why he has not sought any relief with respect to subpoenas that were not complied with. So Ordered. (Signed by Judge William H. Pauley, III on 1/4/2012) (js)[Transferred from nysd on 9/27/2012.] (Entered: 01/05/2012)
12/2/2011 5 ORDER AUTHORIZING THE ISSUANCE OF A SUBPOENA ON CSC HOLDINGS, LLC TO DETERMINE THE IDENTITY OF CERTAIN DEFENDANTS: pursuant to FRCP 26(d) of the FRCP plaintiff may serve the annexed subpoenas on the CSC Holdings, LLC, and that CSC Holdings, LLC is directed to disclose the requested information pursuant to 47 USC 551(c)(2)(B). (Signed by Judge William H. Pauley, III on 12/2/2011) (cd) [Transferred from nysd on 9/27/2012.] (Entered: 12/05/2011)
11/14/2011 4 ORDER FOR INITIAL PRETRIAL CONFERENCE: This action has been assigned to District Judge William H. Pauley III for all purposes. Counsel are directed to appear in Courtroom l1D at the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, New York on January 13, 2012, at 11:30a.m. for an initial pretrial conference with the Court for the purpose of discussing settlement, exploring contemplated motions, stipulating facts, narrowing issues, fixing a discovery schedule, and setting a date for trial. If you are proceeding pro se (without an attorney), you are required to appear personally at this conference. (Signed by Judge William H. Pauley, III on 11/14/2011) (rdz) [Transferred from nysd on 9/27/2012.] (Entered: 11/14/2011)
11/14/2011 3 ORDER AUTHORIZING THE ISSUANCE OF SUBPOENAS ON CERTAIN ISPS TO DETERMINE THE IDENTITY OF DEFENDANTS: ORDERED, pursuant to Rule 26(d) of the Federal Rules of Civil Procedure, that plaintiff may serve the annexed subpoenas on the ISPs. (Signed by Judge William H. Pauley, III on 11/14/2011) (rdz) [Transferred from nysd on 9/27/2012.] (Entered: 11/14/2011)
10/28/2011 Mailed notice to Register of Copyrights to report the filing of this action. (rdz) [Transferred from nysd on 9/27/2012.] (Entered: 10/28/2011)
10/27/2011 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by John Wiley & Sons, Inc..(rdz) [Transferred from nysd on 9/27/2012.] (Entered: 10/28/2011)
10/27/2011 1 COMPLAINT against John Does Nos. 1-27. (Filing Fee $ 350.00, Receipt Number 465401020306)Document filed by John Wiley & Sons, Inc..(rdz) [Transferred from nysd on 9/27/2012.] (Entered: 10/28/2011)
10/27/2011 Case Designated ECF. (rdz) [Transferred from nysd on 9/27/2012.] (Entered: 10/28/2011)
10/27/2011 Magistrate Judge Ronald L. Ellis is so designated. (rdz) [Transferred from nysd on 9/27/2012.] (Entered: 10/28/2011)
10/27/2011 SUMMONS ISSUED as to John Does Nos. 1-27. (rdz) [Transferred from nysd on 9/27/2012.] (Entered: 10/28/2011)
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