Piechowicz v. The Partnerships and Unincorporated Associations Identified in Schedule A

New York Southern District Court
Judge:Vernon S Broderick
Case #: 1:24-cv-03057
Nature of Suit820 Property Rights - Copyrights
Cause17:101 Copyright Infringement
Case Filed:Apr 22, 2024
Case in other court:Illinois Northern, 1:24-cv-00049
Last checked: Monday Apr 22, 2024 3:14 PM EDT
Defendant
The Partnerships and Unincorporated Associations identified in Schedule A
Plaintiff
Libby Piechowicz
Represented By
Mackenzie Paladino
Doniger / Burroughs
contact info
Trevor William Barrett
Doninger Burroughs
contact info


Docket last updated: 11 hours ago
Monday, April 22, 2024
22 22 misc AO 121 Form Copyright - Case Opening - Submitted Mon 04/22 2:38 PM
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vba)
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21 21 transfer Case Transferred In - District Transfer Mon 04/22 2:28 PM
CASE TRANSFERRED IN from the United States District Court - District of Illinois Northern; Case Number: 1:24-cv-00049. Original file certified copy of transfer order and docket entries received.
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notice Case Opening Initial Assignment Notice - Transfer Case Mon 04/22 2:30 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE - TRANSFER CASE: This case is assigned to: Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(vba)
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utility Case Designation Mon 04/22 2:30 PM
Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba)
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utility Case Designated ECF Mon 04/22 2:31 PM
Case Designated ECF. (vba)
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misc Note to Out of State Attorneys Mon 04/22 2:32 PM
NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (vba)
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Friday, March 29, 2024
20 20 TRANSFERRED to the Southern District of New York the electronic record (rp, ) [Transferred from Illinois Northern on 4/22/2024.]
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Friday, March 15, 2024
19 19 JUDGMENT Order Signed by the Honorable John J. Tharp, Jr on 3/15/2024. Mailed notice(air, ) [Transferred from Illinois Northern on 4/22/2024.]
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18 18 MINUTE entry before the Honorable John J. Tharp, Jr:Pursuant to 28 U.S. Code § 1631, the defendants' motion to transfer12 is granted. This case is transferred for want of personal jurisdiction. The Clerk of the Court is directed to transfer this case to the United States District Court for the Southern District of New York, and to terminate the case on this Court's docket. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.]
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Tuesday, March 12, 2024
17 17 MOTION by Plaintiff Libby Piechowicz to transfer case (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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Tuesday, February 27, 2024
16 16 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's renewed motion for TRO15 is denied without prejudice. The plaintiff has not complied with the Court's directive that the plaintiff's renewed filings "show that each defendant has contacts with the forum state," ECF No.9 . While the plaintiff's declaration [15-2] avers that the defendant stores have made their products available "for sale to the United States, including Illinois," Piechowicz Decl. 8, the sealed exhibit 2 to the plaintiff's complaint [14-2] does not corroborate the plaintiff's contention because all instances of possible shipping addresses are redacted, thus raising concerns over whether the defendants are actively offering their goods for sale to Illinois residents. The plaintiff has leave to file a renewed motion properly establishing that each defendant has contacts with Illinoi by 3/12/24. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.]
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Friday, February 23, 2024
15 15 SEALED MOTION by Plaintiff Libby Piechowicz -- Second Motion for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process By E-Mail And/Or Electronic Publication(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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Att: 1 Memorandum in Support of Second Motion,
Att: 2 Declaration of Libby Piechowicz,
Att: 3 Declaration of Mackenzie Paladino,
Att: 4 Exhibit 1 to Declaration of Mackenzie Paladino
14 14 SEALED DOCUMENT by Plaintiff Libby Piechowicz -- (Unredacted) First Amended Complaint(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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Att: 1 Exhibit A to First Amended Complaint,
Att: 2 Exhibit B to First Amended Complaint,
Att: 3 Schedule A to First Amended Complaint
13 13 First AMENDED complaint by Libby Piechowicz against The Partnerships and Unincorporated Associations Identified in Schedule A (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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Tuesday, February 13, 2024
12 12 ATTORNEY Appearance for Plaintiff Libby Piechowicz by Trevor William Barrett (Barrett, Trevor) [Transferred from Illinois Northern on 4/22/2024.]
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11 11 MINUTE entry before the Honorable John J. Tharp, Jr:Attorney Trevor Barrett's motion for leave to appear pro hac vice10 is granted. Counsel is directed to file an appearance. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.]
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Monday, February 12, 2024
10 10 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number AILNDC-21630203. (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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9 9 MINUTE entry before the Honorable John J. Tharp, Jr:The plaintiff's motion for TRO8 is denied without prejudice. The Exhibit B to the sealed complaint contains numerous screenshots of purportedly infringing Amazon stores, but it fails to present them in an organized fashion, i.e., by noting which defendant marketplace each screenshot corresponds to, and which copyright(s) each defendant allegedly infringes. Furthermore, the Court notes that the screenshots do not demonstrate that the allegedly infringing products are being offered for sale in Illinois (including one storefront, which may not be offering its product for sale anywhere, as it is listed as "currently unavailable"). That evidence of purposefully directed activities is the bare minimum for establishing personal jurisdiction in schedule A cases. See NBA Properties, Inc. v. HANWJH, 46 F.4th 614 (7th Cir. 2022), cert. denied, 143 S. Ct. 577 (2023). The plaintiff is granted leave to refile, as necessary, an amended complaint, schedule A, and/or renewed TRO with accompanying exhibits, which denotes which copyright each screenshot corresponds to, and which defendant is alleged to be responsible for infringing the identified copyright, by 2/26/24. The plaintiff must also show that each defendant has contacts with the forum state. Mailed notice (air, ) [Transferred from Illinois Northern on 4/22/2024.]
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Friday, February 09, 2024
8 8 SEALED MOTION by Plaintiff Libby Piechowicz for Temporary Restraining Order, including a Temporary Injunction, a Temporary Asset Restraint, Expedited Discovery, and Service of Process by E-Mail and/or Electronic Publication(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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Att: 1 Memorandum in Support of Motion,
Att: 2 Declaration of Libby Piechowicz,
Att: 3 Declaration of Mackenzie Paladino,
Att: 4 Exhibit 1 to Declaration of Mackenzie Paladino
Sunday, January 14, 2024
6 6 MAILED Copyrights report to Patent Trademark Office, Alexandria VA. (ph, ) [Transferred from Illinois Northern on 4/22/2024.]
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Wednesday, January 03, 2024
CASE ASSIGNED to the Honorable John J. Tharp, Jr. Designated as Magistrate Judge the Honorable M. David Weisman. Case assignment: Random assignment. (Civil Category 3). (jcc, ) [Transferred from Illinois Northern on 4/22/2024.]
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CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached[LINK:Consent To] [LINK:form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (jcc, ) [Transferred from Illinois Northern on 4/22/2024.]
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Tuesday, January 02, 2024
5 5 Report on the Filing or Determination of an Action Regarding a Copyright by Libby Piechowicz (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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4 4 CIVIL Cover Sheet (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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3 3 SEALED DOCUMENT by Plaintiff Libby Piechowicz -- Schedule A to Complaint (Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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2 2 SEALED DOCUMENT by Plaintiff Libby Piechowicz -- (Unredacted) Complaint(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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Att: 1 Exhibit A to Complaint,
Att: 2 Exhibit B to Complaint
1 1 COMPLAINT filed by Libby Piechowicz; Jury Demand. Filing fee $ 405, receipt number AILNDC-21480075.(Paladino, Mackenzie) [Transferred from Illinois Northern on 4/22/2024.]
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