| Court: | nysd |
| Docket #: | 1:12-cv-02234 |
| Case Name: | Liberty Media Holding, LLC v. Tabora |
| PACER case #: | 393886 |
| Date filed: | 2012-03-27 |
| Date terminated: | 2012-09-19 |
| Date of last filing: | 2012-08-15 |
| Assigned to: | Judge Lewis A. Kaplan |
| Case Cause: | 17:501 Copyright Infringement |
| Nature of Suit: | 820 Copyright |
| Jury Demand: | Plaintiff |
| Jurisdiction: | Federal Question |
| Represented Party | Attorney & Contact Info |
| Liberty Media Holding, LLC Plaintiff |
Andrew Todd Miltenberg Marco Aurelio Santori |
| Cary Tabora Defendant |
Kelly Douglas Talcott |
| Schulyer Whetstone Defendant |
|
| Electronic Frontier Foundation Amicus |
Mitchell L. Stoltz Ray Beckerman |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2012-03-27 | 1 | 0 | Complaint | COMPLAINT against Cary Tabora, Schulyer Whetstone. (Filing Fee $ 350.00, Receipt Number 465401033592)Document filed by Liberty Media Holding, LLC.(rdz) (ama). (Entered: 03/28/2012) | 2012-03-30 13:03:40 | 361709c77dba316f710808486a54ab6cae85ade0 |
| 2012-03-29 | 2 | 0 | Notice of Change of Address | NOTICE OF CHANGE OF ADDRESS by Marco Aurelio Santori on behalf of Liberty Media Holding, LLC. New Address: Nesenoff & Miltenberg, LLP, 363 Seventh Avenue, Fifth Floor, New York, New York, USA 10001, (212) 736-4500. (Santori, Marco) (Entered: 03/29/2012) | ||
| 2012-04-11 | 3 | 0 | Affidavit of Service Complaints | AFFIDAVIT OF SERVICE. Schulyer Whetstone served on 3/29/2012, answer due 4/19/2012. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 04/11/2012) | 2012-04-13 10:39:24 | 72fd516356320b56ff8303a9feeac3a421a88aa6 |
| 2012-05-02 | 4 | 0 | Affidavit of Service Complaints | AFFIDAVIT OF SERVICE. Cary Tabora served on 4/18/2012, answer due 5/9/2012. Service was accepted by Kelly Talcott, Esq.. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 05/02/2012) | 2012-09-23 19:38:47 | e7f2b51d1eca623766bf91dd2f50d30fd99a1422 |
| 2012-05-02 | 5 | 0 | Notice of Appearance | NOTICE OF APPEARANCE by Kelly Douglas Talcott on behalf of Cary Tabora (Talcott, Kelly) (Entered: 05/02/2012) | ||
| 2012-05-07 | 6 | 0 | Motion for Extension of Time to File Answer | FIRST MOTION for Extension of Time to File Answer or Respond to Complaint. Document filed by Cary Tabora.(Talcott, Kelly) (Entered: 05/07/2012) | ||
| 2012-05-07 | 7 | 0 | Affidavit of Service Complaints | AFFIDAVIT OF SERVICE of Summons and Complaint. Cary Tabora served on 4/11/2012, answer due 6/11/2012. Service was accepted by Lawrence Tabora. Document filed by Liberty Media Holding, LLC. (Santori, Marco) (Entered: 05/07/2012) | 2012-09-23 19:42:17 | 01aa137a79ffa6549404acc1766571cbb89f1012 |
| 2012-05-07 | 8 | 0 | Declaration in Opposition to Motion | DECLARATION of Marco A. Santori in Opposition re: 6 FIRST MOTION for Extension of Time to File Answer or Respond to Complaint.. Document filed by Liberty Media Holding, LLC. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(Santori, Marco) (Entered: 05/07/2012) | ||
| 2012-05-07 | 9 | 0 | Certificate of Service Other | CERTIFICATE OF SERVICE of Declaration served on Cary Tabora on May 7, 2012. Document filed by Liberty Media Holding, LLC. (Santori, Marco) (Entered: 05/07/2012) | 2012-06-11 16:51:18 | c8c33a99953a1160f29eaf2ebd2182b930b3952f |
| 2012-05-08 | 10 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 6 FIRST MOTION for Extension of Time to File Answer or Respond to Complaint.. Document filed by Cary Tabora. (Attachments: # 1 Exhibit 1)(Talcott, Kelly) (Entered: 05/08/2012) | ||
| 10 | 1 | Exhibit 1 | ||||
| 2012-05-08 | 11 | 0 | Memorandum of Law in Opposition to Motion | MEMORANDUM OF LAW in Opposition re: 6 FIRST MOTION for Extension of Time to File Answer or Respond to Complaint. (Replacement filing). Document filed by Cary Tabora. (Attachments: # 1 Exhibit 1 (Replacement))(Talcott, Kelly) (Entered: 05/08/2012) | 2012-05-29 16:00:04 | 037d3f1f803ecec574071a9bbdb096c3011ef2f1 |
| 11 | 1 | 2012-06-15 13:24:29 | 0bf76cfd024e56f4afbbffc2d80100adafbb334d | |||
| 2012-05-08 | 12 | 0 | Order for Initial Pretrial Conference | ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/20/2012 at 04:00 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 5/7/2012) (ja) (Entered: 05/08/2012) | 2012-06-04 15:40:43 | ce5df947c6b570ef2f67737fe21c1a0f2ccffd85 |
| 2012-05-08 | 13 | 0 | Memo Endorsement | MEMO ENDORSEMENT re: 6 FIRST MOTION for Extension of Time to File Answer or Respond to Complaint, filed by Cary Tabora. -- Endorsement: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 5/8/2012) (ja) (Entered: 05/09/2012) | ||
| 2012-06-08 | 14 | 0 | Motion to Dismiss | MOTION to Dismiss Complaint. Document filed by Cary Tabora.(Talcott, Kelly) (Entered: 06/08/2012) | 2012-06-15 12:57:30 | d81dc5e2bbbc508e1c35674bf1f5631b0d16ec1c |
| 2012-06-08 | 15 | 0 | Motion to Dismiss | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Complaint; memorandum in support. Document filed by Cary Tabora.(Talcott, Kelly) Modified on 6/11/2012 (db). (Entered: 06/08/2012) | ||
| 2012-06-08 | 16 | 0 | Motion to Dismiss | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Dismiss Complaint; Talcott Declaration in support. Document filed by Cary Tabora. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Talcott, Kelly) Modified on 6/11/2012 (db). (Entered: 06/08/2012) | ||
| 16 | 1 | Exhibit 1 | ||||
| 16 | 2 | Exhibit 2 | ||||
| 16 | 3 | Exhibit 3 | ||||
| 2012-06-11 | 17 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss Complaint.. Document filed by Cary Tabora. (Talcott, Kelly) (Entered: 06/11/2012) | 2012-06-15 12:53:39 | c1212d2da6de7dc3e30d857a5a7d492d4c33bf4f |
| 2012-06-11 | 18 | 0 | Declaration in Support of Motion | DECLARATION of Kelly D. Talcott in Support re: 14 MOTION to Dismiss Complaint.. Document filed by Cary Tabora. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Talcott, Kelly) (Entered: 06/11/2012) | ||
| 2012-06-13 | 19 | 0 | Motion to Appear Pro Hac Vice | MOTION for Mitchell L. Stoltz to Appear Pro Hac Vice. Document filed by Electronic Frontier Foundation.(pgu) (Entered: 06/14/2012) | ||
| 2012-06-15 | 20 | 0 | Motion to File Amicus Brief | MOTION to File Amicus Brief. Document filed by Electronic Frontier Foundation. (Attachments: # 1 Supplement Proposed Amicus Curiae Brief, # 2 Text of Proposed Order Proposed Order)(Beckerman, Ray) (Entered: 06/15/2012) | ||
| 20 | 1 | Supplement Proposed Amicus Curiae Brief | ||||
| 20 | 2 | Text of Proposed Order Proposed Order | ||||
| 2012-06-20 | 21 | 0 | Response in Opposition to Motion | RESPONSE in Opposition re: 20 MOTION to File Amicus Brief.. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 06/20/2012) | ||
| 2012-06-20 | 22 | 0 | Declaration in Opposition to Motion | DECLARATION of Marc J. Randazza in Opposition re: 20 MOTION to File Amicus Brief.. Document filed by Liberty Media Holding, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Miltenberg, Andrew) (Entered: 06/20/2012) | ||
| 2012-06-20 | 23 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Opposition to Motion to File Amicus Curiae Brief served on Ray Beckerman and Mitchell L. Stoltz on 6/20/12. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 06/20/2012) | ||
| 2012-06-20 | 24 | 0 | Order on Motion to Appear Pro Hac Vice | ORDER GRANTING ADMISSION PRO HAC VICE: granting 19 Motion for Mitchell L. Stoltz to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice pro hac vice in the above captioned case in the United States District Court for the Southern District of New York for the purposes of applying on behalf of the EFF for leave to participate as amicus curiae and, absent further order no other purpose. (Signed by Judge Lewis A. Kaplan on 6/20/2012) (lmb) (Entered: 06/20/2012) | ||
| 2012-06-21 | 25 | 0 | Declaration in Support of Motion | DECLARATION of Kelly D Talcott in Support re: 20 MOTION to File Amicus Brief.. Document filed by Cary Tabora. (Talcott, Kelly) (Entered: 06/21/2012) | ||
| 2012-06-22 | 26 | 0 | Reply Memorandum of Law in Support of Motion | REPLY MEMORANDUM OF LAW in Support re: 20 MOTION to File Amicus Brief.. Document filed by Electronic Frontier Foundation. (Stoltz, Mitchell) (Entered: 06/22/2012) | ||
| 2012-06-22 | 27 | 0 | Declaration in Support of Motion | DECLARATION of Mitchell L. Stoltz in Support re: 20 MOTION to File Amicus Brief.. Document filed by Electronic Frontier Foundation. (Stoltz, Mitchell) (Entered: 06/22/2012) | ||
| 2012-06-25 | 28 | 0 | Order on Motion to File Amicus Brief | MEMO ENDORSEMENT granting 20 Motion to File Amicus Brief. ENDORSEMENT: Although there is some merit to plaintiff opposition this motion is granted. As the moving brief and the amicus brief together are within the usual page limit for an opening brief, plaintiff has ample space to respond particularly in light of the overlap between the moving and amicus briefs. (Signed by Judge Lewis A. Kaplan on 6/25/2012) (tro) (Entered: 06/26/2012) | ||
| 2012-06-27 | 29 | 0 | Brief | BRIEF Amicus Curiae of the Electronic Frontier Foundation in Partial Support of Defendant Cary Tabora's Motion to Dismiss. Document filed by Electronic Frontier Foundation.(Stoltz, Mitchell) (Entered: 06/27/2012) | 2012-09-07 10:25:06 | 7b7f5d79864b1f1954a4a3d9baf095766b07c143 |
| 2012-06-29 | 30 | 0 | Stipulation and Order | STIPULATION AND ORDER: Plaintiff shall serve any opposition to Defendant's Motion to Dismiss within seven days of the filing of the Brief Amicus Curiae of the Electronic Frontier Foundation. Defendant shall serve his reply (if any) within seven days of service of Plaintiff's opposition. (Signed by Judge Lewis A. Kaplan on 6/26/2012) (cd) (Entered: 07/02/2012) | ||
| 2012-07-05 | 31 | 0 | Memorandum of Law in Opposition to Motion | MEMORANDUM OF LAW in Opposition re: 14 MOTION to Dismiss Complaint.. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 07/05/2012) | 2012-07-07 16:48:11 | 9d0ad83791970119a6b6196d3a33fa2b6e08c9e1 |
| 2012-07-05 | 32 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 07/05/2012) | ||
| 2012-07-09 | 33 | 0 | Memorandum & Opinion | MEMORANDUM & OPINION re: #102042 14 MOTION to Dismiss Complaint, filed by Cary Tabora. For the foregoing reasons, Tabora's motion to dismiss the complaint [DI 14] is granted in all respects. Liberty may move, not later than July 25, 2012, for leave to amend the direct and contributory infringement claims to assert registration of a claim to copyright to the motion picture that allegedly was infringed. SO ORDERED. ( Motions due by 7/25/2012.) (Signed by Judge Lewis A. Kaplan on 7/9/2012) (ja) Modified on 7/10/2012 (jab). (Entered: 07/09/2012) | 2012-08-17 15:01:24 | 9423cb901d3accd8bbed4305b77b5b1d5f55551b |
| 2012-07-25 | 34 | 0 | Notice (Other) | NOTICE of Motion. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 07/25/2012) | ||
| 2012-07-25 | 35 | 0 | Motion to Amend/Correct | MOTION to Amend/Correct 1 Complaint. Document filed by Liberty Media Holding, LLC.(Miltenberg, Andrew) (Entered: 07/25/2012) | 2012-07-27 12:36:15 | 557d9211fd29a9a1749c6d6bc53d81b07687de38 |
| 2012-07-25 | 36 | 0 | Memorandum of Law in Support of Motion | MEMORANDUM OF LAW in Support re: 35 MOTION to Amend/Correct 1 Complaint.. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 07/25/2012) | 2012-07-27 12:32:52 | 488d5c52a243a1f08c2872a3111ad5c0fc680ad1 |
| 2012-07-25 | 37 | 0 | Declaration in Support of Motion | DECLARATION of Andrew T. Miltenberg in Support re: 35 MOTION to Amend/Correct 1 Complaint.. Document filed by Liberty Media Holding, LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Miltenberg, Andrew) (Entered: 07/25/2012) | ||
| 2012-07-25 | 38 | 0 | Affidavit of Service Other | AFFIDAVIT OF SERVICE of Declaration, Memorandum of Law, Notice served on Cary Tabora on July 25, 2012. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 07/25/2012) | ||
| 2012-08-08 | 39 | 0 | Memorandum of Law in Opposition to Motion | MEMORANDUM OF LAW in Opposition re: 35 MOTION to Amend/Correct 1 Complaint.. Document filed by Cary Tabora. (Talcott, Kelly) (Entered: 08/08/2012) | 2012-08-09 01:20:30 | 19c7cb003388c83579075386329b5ef20ac5690c |
| 2012-08-08 | 40 | 0 | Declaration in Opposition to Motion | DECLARATION of Kelly D. Talcott in Opposition re: 35 MOTION to Amend/Correct 1 Complaint.. Document filed by Cary Tabora. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8)(Talcott, Kelly) (Entered: 08/08/2012) | 2012-08-09 01:16:39 | 5e88057b0195327489fe4cdd8ff937b7be1bd785 |
| 40 | 1 | Exhibit Exhibit 1 | ||||
| 40 | 2 | Exhibit Exhibit 2 | ||||
| 40 | 3 | Exhibit Exhibit 3 | ||||
| 40 | 4 | Exhibit Exhibit 4 | ||||
| 40 | 5 | Exhibit Exhibit 5 | ||||
| 40 | 6 | Exhibit Exhibit 6 | ||||
| 40 | 7 | Exhibit Exhibit 7 | 2012-08-11 05:21:28 | b030ef4f9e0c121453ac342872ffb1e2f72948dd | ||
| 40 | 8 | Exhibit Exhibit 8 | 2012-08-09 01:21:14 | a3b261eb9ef66b683cac3183dae6d066564581af | ||
| 2012-08-15 | 41 | 0 | Declaration in Support of Motion | DECLARATION of ANDREW MILTENBERG in Support re: 35 MOTION to Amend/Correct 1 Complaint.. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 08/15/2012) | 2012-08-16 12:45:31 | af42333483bb2a29deadd988a50731c7f5919086 |
| 2012-09-05 | 42 | 0 | MEMORANDUM ENDORSEMENT: granting 35 Motion to Amend/Correct. The motion for leave to amend is granted, provided however that the previously dismissed negligence claim is not resurrected by this ruling. The Court takes its inclusion in the amended complaint to reflect nothing more than plaintiffs wish to avoid any contention that its omission should foreclose appellate review of the Court's prior ruling. The Court recognizes that there is a question as to whether the certificate of copyright registration referred to in paragraph 1 of the amended complaint reflects registration of the accused work at issue in this case. This presumably may be resolved on a motion for summary judgment. Pending further order of the Court, discovery as to all other issues is stayed. Discovery concerning the question of the correspondence or lack thereof between the work that is the subject of the certificate registration and the accused work shall be completed by November 15, 2012.( Signed by Judge Lewis A. Kaplan on 9/5/2012) (ago) (Entered: 09/06/2012) | 2012-09-17 14:27:49 | 57e6f52275ba0438cb9162c134205747853746ca | |
| 2012-09-19 | 43 | 0 | 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) All Defendants. Document filed by Liberty Media Holding, LLC. (Miltenberg, Andrew) (Entered: 09/19/2012) |