Case details

Court: nyed
Docket #: 2:11-cv-03995
Case Name: K-Beech, Inc. v. John Does 1-37
PACER case #: 321301
Date filed: 2011-08-18
Date terminated: 2012-05-08
Date of last filing: 2012-05-08
Assigned to: Judge Denis R. Hurley
Referred to: Magistrate Judge Gary R. Brown
Case Cause: 17:101 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
K-Beech, Inc.
Plaintiff
Frederic Robert Abramson
Frederic R. Abramson 160 Broadway, Ste 5000 New York, NY 10038 (212)233-0666 Fax: 212-267-7571 Email: fabramson@abramsonlegal.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

John Does 1-37
Defendant
John Doe #32
Defendant
TERMINATED: 11/18/2011
Geisa Balla
Wong Wong & Associates PC 150 Broadway Suite 1588 New York, NY 10038 (212)566-8080 Fax: (212)566-8960 Email: gballa@wongwonglaw.com
ATTORNEY TO BE NOTICED

Doe 29 John
Defendant
James Rosenzweig
National Restaurant Management Inc. 560 Fifth Avenue, 3rd Ave New York, NY 10036 212-560-1749 Fax: 212-629-0942 Email: jrosenzweig@rieserest.com
ATTORNEY TO BE NOTICED

Doe #2
Defendant
Joseph P. Augustine
Augustine & Eberle LLP 90 Broad Street Floor 25 New York, NY 10004 212-233-4185 Fax: 212-792-6580 Email: jaugustine@augeb-law.com
ATTORNEY TO BE NOTICED

John Doe 35
Defendant
James D. Murtha
Law Offices of James D. Murtha 26 Railroad Ave # 351 Babylon, NY 11702 631-747-0356 Fax: 631-991-7168 Email: jmurtha@murthalawfirm.com
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-08-18 1 0 Complaint COMPLAINT against All Defendants Disclosure Statement on Civil Cover Sheet completed -No,, filed by K-Beech, Inc.. (Attachments: # 1 Civil Cover Sheet) (Major, Jasmine) (Entered: 08/19/2011)
1 1 Civil Cover Sheet
2011-08-18 2 0 Disclosure of Interested Parties DISCLOSURE of Interested Parties by K-Beech, Inc.. (Major, Jasmine) (Entered: 08/19/2011)
2011-08-18 3 0 Notice of Report Patent or Trademark Notice of Report on the filing of an action regarding a Copyright Infringement. (Attachments: # 1 Complaint) (Major, Jasmine) (Entered: 08/19/2011)
2011-08-18 4 0 Notice of Related Case Notice of Related Case (Major, Jasmine) (Entered: 08/19/2011)
2011-08-25 5 0 Motion for Leave to File MOTION for Leave to File by K-Beech, Inc.. (Attachments: # 1 Exhibit A Memorandum of Law in Support, # 2 Exhibit B Declaration of Tobias Fieser in Support, # 3 Exhibit C Proposed Order) (Abramson, Frederic) (Entered: 08/25/2011)
2011-09-16 6 0 Order on Motion for Leave to File ORDER granting 5 Motion for Leave to File. Plaintiff's motion for leave to serve third-party subpoenas prior to a Rule 26(f) conference is GRANTED. The Court orders the following: (1) Plaintiff may serve subpoenas pursuant to Rule 45 of the Federal Rules of Civil Procedure on the ISPs listed in Exhibit B to the Fieser Declaration: EarthLink, Optimum Online, Road Runner, and Verizon Internet Services to obtain the name, address, telephone number, email address and Media Access Control address for each Defendant to whom the ISP assigned an IP address. Plaintiff's counsel is directed to attach a copy of this Order to the subpoena. (2) Within seven days of service of each subpoena, the ISPs shall reasonably attempt to identify each Defendant and provide him or her with a copy of the subpoena and this Order. If any of the ISPs are unable to determine, to a reasonable degree of technical certainty, the identity of the user of a particular IP address, it shall so notify Plaintiff's counsel. (3) The ISPs shall have twenty-one (21) days from the service of the subpoena to move to quash or otherwise object to the subpoena. Each Defendant shall have fourteen (14) days from receipt of the subpoena from the ISP to move to quash or otherwise object to the subpoena. (4) Absent any motion to quash or objection, the ISPs shall produce the information sought to the Plaintiff within twenty-one (21) days after notifying each Defendant pursuant to paragraph (2) above. (5) Plaintiff may only use the information disclosed pursuant to the subpoenas for the purpose of protecting and enforcing Plaintiff's rights as set forth in the Complaint. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 9/16/2011. (Sofio, Lisa) (Entered: 09/16/2011)
2011-10-11 7 0 Motion for Protective Order MOTION for Protective Order , MOTION to Quash by John Does 1-37. (Montero, Edher) (Entered: 10/13/2011)
2011-10-17 8 0 Motion to Quash First MOTION to Quash Subpoena by John Doe #32. (Attachments: # 1 Memorandum in Support Memorandum of Law In Support, # 2 Declaration Declaration of John Doe #32, # 3 Declaration Declaration of Geisa Balla and Exhibits, # 4 Proposed Order Proposed Order) (Balla, Geisa) (Entered: 10/17/2011) 2012-06-04 16:07:42 f9164fbe96e055b69428123ac74f047765da62d0
8 1 Memorandum in Support Memorandum of Law In Support 2012-06-04 16:08:20 bf1f9473fbbf6744d7822ccd04bcbd236d4abe8d
8 2 Declaration Declaration of John Doe #32
8 3 Declaration Declaration of Geisa Balla and Exhibits
8 4 Proposed Order Proposed Order 2012-06-04 16:12:24 d63c1e772da7274489035640e77fa2d5cc900565
2011-10-25 9 0 Motion for Leave to File MOTION for Leave to File a Memorandum in Support of Joinder that Exceeds the Page Limit Under Local Rules by K-Beech, Inc.. (Attachments: # 1 Proposed Order) (Abramson, Frederic) (Entered: 10/25/2011)
2011-10-25 10 0 Memorandum in Opposition MEMORANDUM in Opposition re 7 MOTION for Protective Order MOTION to Quash and For a Protective Order filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A) (Abramson, Frederic) (Entered: 10/25/2011)
2011-10-26 11 0 Notice(Other) NOTICE by K-Beech, Inc. of Filing Supplemental Authority in Opposition to John Doe 10's Motion to Quash and for a Protective Order (Attachments: # 1 Supplemental Authority) (Abramson, Frederic) (Entered: 10/26/2011)
2011-10-27 12 0 Notice of Appearance NOTICE of Appearance by James Rosenzweig on behalf of Doe 29 John (aty to be noticed) (Rosenzweig, James) (Entered: 10/27/2011)
2011-10-27 13 0 Motion to Quash Letter MOTION to Quash Subpoena by John Doe. Modified on 10/28/2011 (Fagan, Linda). (Entered: 10/27/2011) 2013-01-10 17:51:34 8f5b3dd566b5d23beca933d432a986737d8e2a76
2011-10-19 14 0 Motion to Dismiss MOTION to Dismiss , MOTION to Quash , MOTION for Protective Order , MOTION to Compel the Court to issue an order granteing leave to proceed anonymously. (Fagan, Linda) (Entered: 10/28/2011)
2011-10-28 15 0 Order on Motion for Leave to File ORDER denying 9 Motion for Leave to File. SEE ATTACHED ORDER. Ordered by Magistrate Judge A. Kathleen Tomlinson on 10/28/2011. (Sofio, Lisa) (Entered: 10/28/2011)
2011-10-28 16 0 Motion to Quash MOTION to Quash Subpoena. Filed by John Doe #16. by John Does 1-37. (Montero, Edher) (Entered: 10/28/2011) 2011-11-16 17:55:33 b8108285cfe3c9a1b7ab7a64b0d9b8a32576ad5b
2011-10-28 17 0 Motion to Quash MOTION to Quash Subpoena, filed by John Doe #30. by John Does 1-37. (Montero, Edher) (Entered: 10/28/2011)
2011-10-28 18 0 Amended Complaint AMENDED COMPLAINT against John Does 1-37, filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Abramson, Frederic) (Entered: 10/28/2011)
2011-10-19 19 0 Letter Letter from John Doe to Clerk's Office, dated 10/17/2011 re: To advise the Clerk of defts "IP" address; and to further advise the Clerk of the enclosed "Motion to Dismiss and, in the alternative, to Quash and Issue a Protective Order and Motion for Leave to proceed anonymously." (Fagan, Linda) (Entered: 10/28/2011) (Fagan, Linda) (Entered: 10/31/2011)
2011-11-01 20 0 Memorandum in Opposition MEMORANDUM in Opposition re 7 MOTION for Protective Order MOTION to Quash filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A) (Abramson, Frederic) (Entered: 11/01/2011)
2011-11-01 21 0 Memorandum in Opposition MEMORANDUM in Opposition re 8 First MOTION to Quash Subpoena filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A) (Abramson, Frederic) (Entered: 11/01/2011)
2011-11-02 22 0 Memorandum in Opposition MEMORANDUM in Opposition re 16 MOTION to Quash Subpoena. Filed by John Doe #16. filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A) (Abramson, Frederic) (Entered: 11/02/2011)
22 1 Exhibit A
2011-11-03 23 0 Memorandum in Opposition MEMORANDUM in Opposition re 7 MOTION for Protective Order MOTION to Quash filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A) (Abramson, Frederic) (Entered: 11/03/2011)
2011-11-03 24 0 Memorandum in Opposition MEMORANDUM in Opposition re 13 Letter MOTION to Quash Subpoena filed by K-Beech, Inc.. (Abramson, Frederic) (Entered: 11/03/2011)
2011-11-04 25 0 Memorandum in Opposition MEMORANDUM in Opposition re 17 MOTION to Quash Subpoena, filed by John Doe #30. filed by K-Beech, Inc.. (Abramson, Frederic) (Entered: 11/04/2011)
2011-11-04 26 0 Memorandum in Opposition MEMORANDUM in Opposition re 14 MOTION to Dismiss MOTION to Quash MOTION for Protective Order MOTION to Compel the Court to issue an order granteing leave to proceed anonymously filed by K-Beech, Inc.. (Abramson, Frederic) (Entered: 11/04/2011)
2011-11-07 27 0 Notice(Other) NOTICE by K-Beech, Inc. re 25 Memorandum in Opposition, 26 Memorandum in Opposition, of Filing Exhibit A (Attachments: # 1 Exhibit A) (Abramson, Frederic) (Entered: 11/07/2011)
2011-11-07 28 0 Notice(Other) NOTICE by K-Beech, Inc. re 26 Memorandum in Opposition, of Filing Response to Motion to Quash (Abramson, Frederic) (Entered: 11/07/2011)
2011-11-10 29 0 Reply in Support REPLY MEMORANDUM in Support re 16 MOTION to Quash Subpoena. Filed by John Doe #16. filed by John Does 1-37 (John Doe #16.) (Attachments: # 1 Certificate of Service) (Fagan, Linda) (Entered: 11/14/2011) 2011-12-14 18:48:27 256ed2ccea3b92996558465de1c7e026d75e873a
29 1 Certificate of Service
2011-11-17 30 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by K-Beech, Inc. With Prejudice of Doe #32 Only (Abramson, Frederic) (Entered: 11/17/2011)
2011-12-01 31 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by K-Beech, Inc. with Prejudice of Doe 13 Only (Abramson, Frederic) (Entered: 12/01/2011)
2011-12-16 32 0 Motion for Extension of Time to File MOTION for Extension of Time to File to Effectuate Service on Doe Defendants by K-Beech, Inc.. (Attachments: # 1 Proposed Order) (Abramson, Frederic) (Entered: 12/16/2011)
2011-12-28 33 0 Motion for Extension of Time to File Answer First MOTION for Extension of Time to File Answer Subpeona from plaintiff by Doe #2. (Augustine, Joseph) (Entered: 12/28/2011)
2012-01-13 34 0 Motion to Quash Letter MOTION to Quash Subpoena Served on Earthlink by Doe #2. (Attachments: # 1 Doe #2 Declaration, # 2 Proposed Order, # 3 Certificate of Service) (Augustine, Joseph) (Entered: 01/13/2012)
2012-01-17 35 0 Motion for Extension of Time to File MOTION for Extension of Time to File to Effectuate Service on Doe Defendants by K-Beech, Inc.. (Attachments: # 1 Proposed Order) (Abramson, Frederic) (Entered: 01/17/2012)
2012-01-20 36 0 Response in Opposition to Motion RESPONSE in Opposition re 34 Letter MOTION to Quash Subpoena Served on Earthlink filed by K-Beech, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Abramson, Frederic) (Entered: 01/20/2012)
2012-01-23 37 0 Notice of Appearance NOTICE of Appearance by James D. Murtha on behalf of John Doe 35 (aty to be noticed) (Murtha, James) (Entered: 01/23/2012) 2012-02-16 12:51:51 9d7fa289339b5dd55044a415d1216fb8faba3ae8
2012-02-21 38 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by K-Beech, Inc. of John Doe 5 With Prejudice (Abramson, Frederic) (Entered: 02/21/2012) 2012-02-22 09:54:57 9281a760f423582549dd9b7808e44c4b1fc607f8
2012-05-01 39 0 Report and Recommendations ORDER & REPORT AND RECOMMENDATIONS re 18 Amended Complaint filed by K-Beech, Inc. For the reasons set forth in the attached report, it is recommended that the complaint be dismissed without prejudice. See attached. Ordered by Magistrate Judge Gary R. Brown on 5/1/2012. (Disbrow, Sandra) (Entered: 05/01/2012) 2012-05-29 16:39:46 5a798bab3558def121d712f6cdc1a71fd409779c
2012-05-08 40 0 Notice of Voluntary Dismissal NOTICE of Voluntary Dismissal by K-Beech, Inc. Without Prejudice of All Remaining John Doe Defendants (Abramson, Frederic) (Entered: 05/08/2012)