Strike 3 Holdings, LLC v. Doe, No. 1:2020cv06846 - Document 14 (S.D.N.Y. 2020)
Court Description: ORDER granting 13 Letter Motion to Adjourn Conference. It is hereby ORDERED that the conference scheduled for December 2, 2020 is ADJOURNED to January 19, 2021 at 3:00 p.m., and that the parties shall submit the joint letter outlined the Court&# 039;s October 8, 2020 Order (Dkt. 11) by January 12, 2021. It is further ORDERED that Plaintiff shall mail a copy of this Order to Defendant by November 30, 2020, and shall file proof of service by December 1, 2020. SO ORDERED. Initial Conference set for 1/19/2021 at 03:00 PM before Judge John P. Cronan. (Signed by Judge John P. Cronan on 11/24/2020) (kv)
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Strike 3 Holdings, LLC v. Doe Doc. 14 Case 1:20-cv-06846-JPC Document 14 Filed 11/25/20 Page 1 of 11 JACQUELINE M. JAMES, ESQ. The James Law Firm 445 Hamilton Avenue Suite 1102 White Plains, NY 10601 T: (914) 358 6423 F: (914) 358 6424 jjames@JACQUELINEJAMESLAW.com jacquelinejameslaw.com November 24, 2020 The Honorable John P. Cronan Daniel Patrick Moynihan United States Courthouse 500 Pearl Street New York, NY 10007-1312 11/25/2020 Re: 1:20-cv-06846-JPC- Plaintiff’s Request to Adjourn the Initial Pretrial Conference Scheduled for December 2, 2020 at 10:00 AM Dear Judge Cronan, The James Law Firm, PLLC represents Plaintiff in the above captioned matter. This matter has been filed as a John Doe against the internet subscriber assigned IP address 74.73.184.145. Plaintiff respectfully requests an adjournment of the Initial Conference currently scheduled for December 2, 2020 at 10:00 a.m. On August 25, 2020, Plaintiff filed the instant case against John Doe subscriber assigned IP address 74.73.184.145 claiming Defendant’s direct infringement of Plaintiff’s works through BitTorrent protocol [CM/ECF 1]. Although Plaintiff is aware of Defendant’s identity, Plaintiff is sensitive to Defendant’s privacy concerns and otherwise has an interest in allowing Defendant to remain anonymous in this action. Therefore, Plaintiff opted to file this lawsuit against Defendant pseudonymously within the caption of the case. Although the caption of the case does not contain Defendant’s personal identifying information, the body of the Complaint contains such information and therefore a redacted version was filed on the public docket. On September 3, 2020, Plaintiff filed a Letter Motion for Leave to File Complaint, Proposed Summons and Return of Service Under Seal (“Motion for Leave to File Under Seal”). [CM/ECF 8]. On September 4, 2020, the Court granted Plaintiff’s Motion for Leave to File Under Seal. [CM/ECF 9]. Accordingly, on September 14, 2020, Plaintiff filed the Complaint and proposed summons under seal. [CM/ECF 10]. The Clerk of the Court issued the summons on October 28, 2020 and on November 9, 2020, Defendant was served via substitution on a family member. [CM/ECF 12]. Defendant’s answer to Plaintiff’s Complaint is due on or before November 30, 2020. Pursuant to the Court’s October 8, 2020 Order, the Initial Pretrial Conference is currently scheduled for December 2, 2020 at 10:00 a.m. [CM/ECF 11]. Prior to the conference, the parties are required to confer and submit to the Court a proposed Case Management Plan and Scheduling Order and a joint letter. On November 17, 2020, Plaintiff’s counsel received a call from a 1 Dockets.Justia.com Case 1:20-cv-06846-JPC Document 14 Filed 11/25/20 Page 2 of 11 November 24, 2020 Page 2 gentleman claiming to be Defendant’s friend. This individual advised that Defendant does not speak English, but that Defendant would attempt to hire legal representation and that the attorney would contact Plaintiff’s counsel. Since Plaintiff does not have Defendant’s e-mail or phone number, communication between the parties is limited to US mail. As such, on November 24, 2020, Plaintiff mailed a draft joint letter, a proposed case management schedule and order, and a copy of this Court’s Order dated October 8, 2020 to Defendant. See Exhibit A. Plaintiff respectfully requests for an adjournment of the pretrial conference currently scheduled for December 2, 2020 at 10:00 a.m. so that Defendant has additional time to retain legal representation, and the parties have additional time to conduct a meaningful 26(f) conference and confer on deadlines. For the foregoing reasons, Plaintiff respectfully requests a two-week adjournment of the pretrial conference currently scheduled for December 2, 2020 at 10:00 a.m. until after December 16, 2020. Respectfully Submitted, By: /s/Jacqueline M. James Jacqueline M. James, Esq. (1845) The James Law Firm, PLLC 445 Hamilton Avenue, Suite 1102 White Plains, New York 10601 T: 914-358-6423 F: 914-358-6424 jjames@jacquelinejameslaw.com Attorney for Plaintiff It is hereby ORDERED that the conference scheduled for December 2, 2020 is ADJOURNED to January 19, 2021 at 3:00 p.m., and that the parties shall submit the joint letter outlined the Court's October 8, 2020 Order (Dkt. 11) by January 12, 2021. It is further ORDERED that Plaintiff shall mail a copy of this Order to Defendant by November 30, 2020, and shall file proof of service by December 1, 2020. SO ORDERED. Date: November 24, 2020 New York, New York _____________________ JOHN P. CRONAN United States District Judge 2 Case Case 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document 14 Filed11/25/20 11/24/20 Page Page3 1ofof119 Exhibit13-1 A Filed Case Case 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document 13-1 14 Filed Filed11/25/20 11/24/20 Page Page4 2ofof119 Case Case 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document 13-1 14 Filed Filed11/25/20 11/24/20 Page Page5 3ofof119 Case Case 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document 13-1 14 Filed Filed11/25/20 11/24/20 Page Page6 4ofof119 Case Case 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document 13-1 14 Filed Filed11/25/20 11/24/20 Page Page7 5ofof119 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------ X : Strike 3 Holdings, LLC : : Plaintiff(s), : -v: : John Doe : Defendant(s). : : : ------------------------------------------------------------------------ X 20 CV 06846 (JPC) CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER This Civil Case Management Plan (the “Plan”) is submitted by the parties in accordance with Rule 26(f)(3) of the Federal Rules of Civil Procedure. 1. All parties [consent /do not consent ] to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). The parties are free to withhold consent without adverse substantive consequences. 2. Settlement discussions [have 3. The parties [have Civil Procedure. 4. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. 5. Initial disclosures pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure shall 14 days be completed no later than __________ days from the date of this Order. [Absent exceptional circumstances, fourteen (14) days.] 6. Fact Discovery /have not /have not ] taken place. ] conferred pursuant to Rule 26(f) of the Federal Rules of a. April 1, 2021 All fact discovery shall be completed no later than ____________________. [A period not to exceed 120 days, unless the Court finds that the case presents unique complexities or other exceptional circumstances.] b. Initial requests for production of documents shall be served by December 16, 2020 ____________________ . c. December 16, 2020 Interrogatories shall be served by ____________________. Case Case 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document 13-1 14 Filed Filed11/25/20 11/24/20 Page Page8 6ofof119 d. 7. March 2, 2021 Depositions shall be completed by ____________________. (i) Absent an agreement between the parties or an order from the Court, depositions are not to be held until all parties have responded to initial requests for document production. (ii) There is no priority in deposition by reason of a party’s status as a plaintiff or a defendant. (iii) Absent an agreement between the parties or an order from the Court, nonparty depositions shall follow initial party depositions. e. March 2, 2021 Requests to admit shall be served by ____________________. f. Any of the deadlines in paragraphs 6(b) through 6(e) may be extended by the written consent of all parties without application to the Court, provided that all fact discovery is completed by the date set forth in paragraph 6(a). Expert Discovery a. All expert discovery, including expert depositions, shall be completed no later than May 16, 2021 ____________________. [Absent exceptional circumstances, a date forty-five (45) days from the date in paragraph 6(a) (i.e., the completion of all fact discovery).] b. Plaintiff’s expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil April 1, 2021 Procedure shall be made on or before ____________________. c. Defendant’s expert disclosures pursuant to Rule 26(a)(2) of the Federal Rules of Civil April 1, 2021 Procedure shall be made on or before ____________________. d. The interim deadlines in paragraphs 7(b) and 7(c) may be extended by the written consent of all parties without application to the Court, provided that expert discovery is completed by the date set forth in paragraph 7(a). 8. All motions and applications shall be governed by the Court’s Individual Practices for Civil Cases. 9. Any discovery disputes shall be addressed according to 5.C of the Court’s Individual Rules and Practices for Civil Cases. 10. May 16, 2021 All discovery must be completed by ____________________. 11. All counsel must meet in person to discuss settlement within fourteen (14) days following the close of fact discovery. 12. Unless otherwise ordered by the Court, a party seeking to file a post-discovery motion shall file a pre-motion letter within fourteen (14) days of the close of all discovery. Pursuant to 6.A of the Court’s Individual Rules and Practices for Civil Cases, responses to pre-motion letters are to be submitted within three business days from submission of the initial pre-motion letter. 2 Case Case 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document 13-1 14 Filed Filed11/25/20 11/24/20 Page Page9 7ofof119 13. Within thirty (30) days after the close of discovery or, if a dispositive motion has been filed, within thirty (30) days of a decision on such motion, the parties shall submit a Joint Pretrial Order prepared in accordance with Rule 26(a)(3) of the Federal Rules of Civil Procedure and 7.B of the Court’s Individual Rules and Practices in Civil Cases. The parties shall follow the Court’s Individuals Rules and Practices in Civil Cases for any submissions that must be made at the time of the Joint Pretrial Order, including any motions in limine. 14. In accordance with 7.C of the Court’s Individual Rules and Practices in Civil Cases, counsel are required to meet and confer on a joint submission of proposed voir dire questions, jury instructions, and verdict form, noting any points of disagreement in the joint submission. Jury instructions may not be submitted after the Joint Pretrial Order due date, unless they meet the standard of Rule 51(a)(2)(A) of the Federal Rules of Civil Procedure. If this action is to be tried to the Court, proposed findings of fact and conclusions of law should be submitted on the Joint Pretrial Order due date in accordance with 7.D of the Court’s Individual Rules and Practices in Civil Cases. 15. May 30, 2021 The parties shall be ready for trial on ____________________. [Absent exceptional circumstances, a date within two weeks following the Final Pretrial Order due date.] 16. This case [is 17. Counsel for the parties have conferred and their present best estimate of the length of trial is 4 days ____________________. 18. Other issues to be addressed at the Initial Pretrial Conference, including those set forth in Rule 26(f)(3) of the Federal Rules of Civil Procedure, are set forth below. /is not ] to be tried to a jury. December 2, 2020 The next Case Management Conference is scheduled for ____________________ at 10:00 am ____________________. This Order may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as provided in paragraph 6(f) and 7(d)) shall be made in a written application in accordance with Court’s Individual Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. SO ORDERED. _________________________ JOHN P. CRONAN United States District Judge Dated: _______________ New York, New York 3 Case Case Case1:20-cv-06846-JPC 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document Document14 13-1 11 Filed Filed Filed 11/25/20 10/08/20 11/24/20Page Page Page 10 18ofof11 29 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------------- X : Strike 3 Holdings, LLC, : : Plaintiff, : : -v: : John Doe, : : Defendant. : : ---------------------------------------------------------------------- X 10/08/2020 20-CV-6846 (JPC) NOTICE OF REASSIGNMENT JOHN P. CRONAN, United States District Judge: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case’s reassignment. The conference scheduled for December 1, 2020 at 4:00 p.m. is hereby adjourned to December 2, 2020 at 10:00 a.m. In light of the ongoing COVID-19 pandemic, the Court will conduct the conference by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. All counsel must familiarize themselves with the Court’s Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. No later than November 26, 2020, the parties are required to file on ECF a joint letter as provided in the Order issued by the Honorable Katherine Polk Failla, United States District Judge, and dated August 28, 2020. By that date, the parties shall also submit to the Court a proposed case management plan and scheduling order, a template of which is available at https://www.nysd.uscourts.gov/hon-john-p-cronan. In accordance with the Court’s Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion Case Case Case1:20-cv-06846-JPC 1:20-cv-06846-JPC 1:20-cv-06846-JPC Document Document Document14 13-1 11 Filed Filed Filed 11/25/20 10/08/20 11/24/20Page Page Page 11 29ofof11 29 filed on ECF and must be received at least 48 hours before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. SO ORDERED. Dated: October 8, 2020 New York, New York __________________________________ JOHN P. CRONAN United States District Judge 2
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