Case details

Court: ilnd
Docket #: 1:12-cv-01888
Case Name: Flava Works, Inc. v. Fisher
PACER case #: 266588
Date filed: 2011-07-27
Date terminated: 2012-10-30
Date of last filing: 2012-10-30
Assigned to: Honorable John Z. Lee
Case Cause: 17:504 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Flava Works, Inc.
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kywan Fisher
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-10-27 1 0 amended complaint SECOND AMENDED complaint by Flava Works, Inc. against Kywan Fisher. (nf, ) (Entered: 03/15/2012) 2012-11-02 09:33:15 51f3b80db12b6ee4951db5759b4457dcae81a42c
2012-03-13 2 0 text entry MINUTE entry before Honorable Edmond E. Chang: Status hearing held. As stated in open court on 03/07/12, see R. 54, the Court granted, without objection, defendants' motion to sever the case. The second amended complaint (and the earlier complaints, for that matter) does not allege any transaction or occurrence that connects the defendants to each other. Plaintiff's only written response, which it abandoned when it decided not to oppose severance, was that the defendants had subscribed to Plaintiff's video-content service, had downloaded (but independently, not part of a BitTorrent swarm or otherwise) copyrighted content, and then posted that content. Those allegations do not comprise the same transaction or occurrence required for joinder. The proper course is to require the opening of separate docket numbers, see Lee v. County of Cook, 635 F.3d 969, 971 (7th Cir. 2011), and require filing fees to be paid for each, as to any Defendant that Plaintiff wishes to continue suing. At today's hearing, Plaintiff decided to sever the following defendants from this proceeding: Kywan Fisher, Lloyd Johnson, Gregory Nance, Frank Rossi, and Gregory Terry. Defendant Andrew Clavio remains in this docket number. The Clerk of the Court is directed to assign a separate docket number for each of the 5 severed defendants, with the original filing date of 07/27/11, and with a copy of the Second Amended Complaint (R. 13). The Clerk shall randomly assign each of the separate cases to a judge of this District pursuant to the generally applicable procedures for assignment. Plaintiff is directed to pay the filing fee for each severed case by 03/27/12. At the 03/07/12, the Court discussed its view that Defendant Nance's motion to dismiss [R. 29] should be denied, but in light of the severance, it is appropriate for the judge assigned to that case to consider the motion; it should be refiled there, and the motion in 11 C 5100 is terminated. With regard to Defendant Clavio, his anticipated motion to dismiss is due 03/27/12. Response is due 04/26/12 to accommodate Plaintiff's counsel's work schedule. Reply due 05/03/12. Status hearing set for 05/24/12 at 8:30 a.m. Mailed notice (nf, ) (Entered: 03/15/2012) (Entered: 03/15/2012)
2012-03-27 3 0 350.00 fee payment of new case filing PAYMENT of Filing fee $ 350.00; Receipt no. 0752-6989186. (ph, ) (ph, ). (Entered: 03/29/2012)
2012-04-16 4 0 set/reset hearings MINUTE entry before Honorable Suzanne B. Conlon: Status hearing set for June 4, 2012 at 09:00 A.M. At the status hearing, the parties are to report on the following: 1. Possibility of settlement in the case; 2. If no possibility of settlement exists, the nature and length of discovery necessary to get the case ready for trial. Plaintiff is directed to advise all other parties of the courts action herein and to forward a copy of the courts procedure guidelines to defendant(s). The standing order on case management procedures is available on the courts website at www.ilnd.uscourts.gov/JUDGE/CONLON/sbcpage.htm or can be picked up from the courtroom deputy in room 1744. Mailed notice (air, ) (Entered: 04/16/2012) 2012-04-17 17:09:38 b7770c75cba74ff41f9f403917130ef48dcf71ef
2012-05-31 5 0 terminate hearings MINUTE entry before Honorable Suzanne B. Conlon: The status hearing set on June 4, 2012 is vacated pending reassignment of this case.Mailed notice (air, ) (Entered: 05/31/2012)
2012-06-01 6 0 assigning/reassigning Case EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on May 18, 2012, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John Z. Lee, therefore IT IS HEREBY ORDERED That the attached list of 323 cases be reassigned to the Honorable John Z. Lee IT IS FURTHER ORDERED that this order shall become effective on Tuesday, June 5, 2012. Case reassigned to the Honorable John Z. Lee for all further proceedings. Signed by Executive Committee on 6/1/2012. Mailed Notice (lcw, ) (Entered: 06/05/2012)
2012-06-07 7 0 set/reset hearings MINUTE entry before Honorable John Z. Lee:This case having been reassigned to Judge Lee's calendar, the initial reassignment status hearing is set for June 22 at 4:00 p.m. Lead counsel is directed to appear at this status hearing. Parties shall prepare and file an Initial Reassignment Joint Status Report on or before Friday, June 15, 2012, and provide a courtesy copy to the Courtroom Deputy by 4:00 p.m. on that date. The requirements for an Initial Reassignment Joint Status Report can be found at Judge Lee's website. Plaintiff is to advise all other parties of the court's action herein. Mailed notice (ca, ) (Entered: 06/07/2012)
2012-06-14 8 0 status report STATUS Report by Flava Works, Inc. (Huon, Meanith) (Entered: 06/14/2012)
2012-06-14 9 0 notice of filing NOTICE by Flava Works, Inc. re status report 8 (Huon, Meanith) (Entered: 06/14/2012)
2012-06-22 10 0 status hearing MINUTE entry before Honorable John Z. Lee: Status hearing held on 6/22/12 at 4:00 p.m. Counsel for both parties failed to appear. In the Initial Reassignment Joint Status Report counsel for Plaintiff indicated its intent to file a motion for default judgment. Plaintiff is directed to file such motion, if appropriate, no later than July 6, 2012. Status set for 7/12/12 at 9:15 a.m. All parties are directed to appear.Judicial staff mailed notice (gl, ) (Entered: 06/26/2012)
2012-07-04 11 0 motion for default judgment MOTION by Plaintiff Flava Works, Inc. for default judgment as to (Attachments: # 1 Exhibit A)(Huon, Meanith) (Entered: 07/04/2012)
2012-07-04 12 0 notice of motion NOTICE of Motion by Meanith Huon for presentment of motion for default judgment 11 before Honorable John Z. Lee on 8/9/2012 at 09:15 AM. (Huon, Meanith) (Entered: 07/04/2012)
2012-07-11 13 0 terminate hearings MINUTE entry before Honorable John Z. Lee: Plaintiff filed a motion for default judgment on 7/4/2012 and noticed the motion for presentation on 8/9/2012. Accordingly, the status hearing scheduled for 7/12/2012 is stricken and reset for 8/9/2012 at 9:15 a.m. Mailed notice (ca, ) (Entered: 07/11/2012)
2012-08-09 14 0 order on motion for default judgment MINUTE entry before Honorable John Z. Lee: Status and motion hearing held on 8/9/12. Defendant not present in Court. Plaintiff's motion for entry of default against defendant 11 is granted. Default is entered as to defendant Kywan Fisher. Prove-up hearing set for 8/23/12 at 10:00 a.m. Counsel to submit a written statement in support of their claim for damages prior to the hearing. Mailed notice (ca, ) (Entered: 08/09/2012)
2012-08-19 15 0 trial brief TRIAL Brief MEMORANDUM IN SUPPORT OF DAMAGES by Flava Works, Inc. (Attachments: # 1 Affidavit AFFIDAVIT OF PHILLIP BLECIHER, # 2 Exhibit A PART 1, # 3 Exhibit A PART 2, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E)(Huon, Meanith) (Entered: 08/19/2012) 2013-01-24 18:39:25 abb1d2a4fbfc844030c703c8c365a3ac287370bd
15 1 Affidavit AFFIDAVIT OF PHILLIP BLECIHER
15 2 Exhibit A PART 1
15 3 Exhibit A PART 2
15 4 Exhibit B
15 5 Exhibit C
15 6 Exhibit D
15 7 Exhibit E
2012-08-22 16 0 terminate hearings MINUTE entry before Honorable John Z. Lee: Prove-up hearing set for 8/23/12 at 10:00 a.m. is reset for 9/25/2012 at 9:30 a.m. (ca, ) (Entered: 08/22/2012)
2012-09-24 17 0 terminate hearings MINUTE entry before Honorable John Z. Lee: The Court strikes the in-court hearing set for 9/25/12 at 9:30 a.m. and resets it to 10/30/12 at 9:15 a.m. Asoutlined herein, within seven days, the Court orders plaintiff to provide a supplemental brief on the prove-up of the default.Judicial staff mailed notice (gl, ) (Entered: 09/24/2012) 2012-09-27 19:39:21 167cbdbeb757e38fcf3c30d042bbb059f3838835
2012-09-27 18 0 memorandum in support of motion MEMORANDUM IN SUPPORT OF DAMAGES (Attachments: # 1 Affidavit Phillip Bleicher, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit C, # 7 Exhibit C, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit D, # 11 Exhibit E)(Huon, Meanith) (Entered: 09/27/2012) 2012-11-02 11:18:50 fb2dfa3ff5973fa27144fd1b7d0823b87ba806e4
18 1 Affidavit Phillip Bleicher
18 2 Exhibit A
18 3 Exhibit B
18 4 Exhibit B
18 5 Exhibit C
18 6 Exhibit C
18 7 Exhibit C
18 8 Exhibit C
18 9 Exhibit D
18 10 Exhibit D
18 11 Exhibit E
2012-10-28 19 0 affidavit in support AFFIDAVIT by Plaintiff Flava Works, Inc. in Support of memorandum in support of motion, 18 (Attachments: # 1 Affidavit Amended Affidavit of Phillip Bleicher (correcting to state that he has personal knowledge))(Huon, Meanith) (Entered: 10/28/2012)
2012-10-30 20 0 status hearing MINUTE entry before Honorable John Z. Lee: Prove-up hearing held on 10/30/12. Defendant is not present in court. Given the materials submitted by Plaintiff in support of its motion and in light of the absence of any objection by Defendant, Plaintiff's motion for entry of default against defendant 11 is granted. Judgment is entered in favor of the Plaintiff Flava Works, Inc., and against the Defendant Kywan Fisher in the amount of One Million Five Hundred Thousand Dollars ($1,500,000.00). Permanent injunction is entered restraining and enjoining Defendant, Kywan Fisher, from copying, distributing, reproducing, making available for download or embedding any material that infringes upon Plaintiff's copyrights, including videos, videos on demand, online content, and images. Plaintiff has until 11/27/12 to submit a motion for attorneys' fees and costs. Civil case terminated. Mailed notice (ca, ) (Entered: 10/31/2012)
2012-10-30 21 0 order ORDER Signed by the Honorable John Z. Lee on 10/30/2012Mailed notice(ca, ). (Entered: 10/31/2012) 2012-10-31 16:40:04 de33c789e36a3d17d9e4bc789a0250e13e5f33ae
2012-10-30 22 0 entered judgment ENTERED JUDGMENT Signed by the Courtroom Deputy on 10/30/2012Mailed notice(ca, ). (Entered: 10/31/2012)
2012-11-26 23 0 MOTION by Plaintiff Flava Works, Inc. for attorney fees and costs (Attachments: # 1 Affidavit Affidavit of Meanith Huon, # 2 Exhibit Time Entries)(Huon, Meanith) (Entered: 11/26/2012)
2012-11-26 24 0 NOTICE of Motion by Meanith Huon for presentment of motion for attorney fees 23 before Honorable John Z. Lee on 12/6/2012 at 09:00 AM. (Huon, Meanith) (Entered: 11/26/2012)
2012-11-27 25 0 MINUTE entry before Honorable John Z. Lee: Plaintiff's motion for attorney's fees and costs is taken under advisement 23 . Defendant's response, if any, to the motion is due 12/11/12. If no response is filed, the Court will rule on the motion without the benefit of a response. Mailed notice (ca, ) (Entered: 11/27/2012)
2012-11-27 26 0 BILL of Costs (Attachments: # 1 Exhibit Receipts or proof in support of bill of costs)(Huon, Meanith) (Entered: 11/27/2012)
2013-01-24 27 0 COSTS Taxed in favor of Flava Works, Inc. in amount of $ 405.00 and against Kywan Fisher. (ph, ) (Entered: 01/28/2013)
2013-04-16 28 0 MINUTE entry before Honorable John Z. Lee: For the reasons provided herein, the Court grants Flava Works, Inc.'s motion for attorney's fees and costs 23 . The Court grants Flava Works motion for attorney's fees in the amount of $9,390.00. The Court also grants Flava Works' motion for costs in the amount of $405.00 for the filing fee and the fees for service of the summons and subpoena, as stated in the Courts 1/24/13 docket entry. [For further detail see separate order.] Mailed notice (ca, ) (Entered: 04/16/2013)
2013-04-16 29 0 ORDER Signed by the Honorable John Z. Lee on 4/16/13Mailed notice(ca, ). (Entered: 04/16/2013)