American Hellenic Educational Progressive Association v. PicRights Ltd. (1:19-cv-01814)

District Court, N.D. Ohio

Date Filed
Description

1

Aug 9, 2019

Complaint with jury demand for declaratory action of copyright non-infringement against Agence France-Presse, PicRights Europe GmbH, PicRights Ltd. Filing fee paid $400. Receipt number 0647-9462782. Filed by American Hellenic Educational Progressive Association. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A Consumer Warning, # 3 Exhibit B Techdirt Article, # 4 Exhibit C Letter of Representation, # 5 Exhibit D Higbee Settlement Demand, # 6 Exhibit E Copyright Standing Supreme Court Case) (Gugliotta, John) (Entered: 08/09/2019)

Exhibit Exhibit E Copyright Standing Supreme Court Case

Aug 9, 2019

Utility Event

Aug 9, 2019

Judge Dan Aaron Polster assigned to case, (Y,A)

Aug 9, 2019

Random Assignment of Magistrate Judge

Aug 9, 2019

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Thomas M. Parker. (Y,A)

2

Aug 9, 2019

Magistrate Consent Form issued. Summons not provided therefore were not issued. (Y,A) (Entered: 08/09/2019)

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Magistrate Consent Form Issued

3

Aug 13, 2019

Praecipe for issuance of Original Summons of Defendant Agence France-Presse filed by All Plaintiffs. (Attachments: # 1 Summons Original Summons for Defendant Agence France-Presse)(Gugliotta, Nathaniel) (Entered: 08/13/2019)

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Praecipe

4

Aug 13, 2019

Praecipe for issuance of Original Summons for Defendant PicRights Europe Gmbh filed by All Plaintiffs. (Attachments: # 1 Summons Original Summons for Defendant PicRights Europe Gmbh)(Gugliotta, Nathaniel) (Entered: 08/13/2019)

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Praecipe

5

Aug 13, 2019

Praecipe for issuance of Original Summons for Defendant PicRights, Ltd. filed by All Plaintiffs. (Attachments: # 1 Summons Original Summons for Defendant PicRights, Ltd.)(Gugliotta, Nathaniel) (Entered: 08/13/2019)

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Praecipe

6

Aug 13, 2019

Original Summons issued to counsel for service upon Agence France-Presse, PicRights Europe GmbH, and PicRights Ltd.. (S,KM) (Entered: 08/13/2019)

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Summons Issued

7

Oct 9, 2019

Return of Service by certified mail executed upon All Defendants, filed on behalf of American Hellenic Educational Progressive Association (Gugliotta, Nathaniel) (Entered: 10/09/2019)

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Return of Service Executed

8

Nov 8, 2019

Motion for attorney Mathew K. Higbee to Appear Pro Hac Vice. Filing fee $120, receipt number 14660118814, filed by Defendant Agence France-Presse. (Attachments: # 1 Acknowledgment) (J,G) (Entered: 11/12/2019)

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Motion to appear pro hac vice

Nov 14, 2019

Order [non-document] granting Motion for appearance pro hac vice by attorney Mathew Kidman Higbee for Agence France-Presse. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc # 8 ). Approved by Judge Dan Aaron Polster on 11/14/2019.(K,K)

Nov 14, 2019

Order on Motion to appear pro hac vice

9

Nov 15, 2019

Waiver of Service Returned Executed by Agence France-Presse. filed on behalf of Agence France-Presse (Higbee, Mathew) (Entered: 11/15/2019)

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Waiver of Service Executed

10

Nov 15, 2019

Answer to 1 Complaint, Counterclaim against American Hellenic Educational Progressive Association filed by Agence France-Presse. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Higbee, Mathew) (Entered: 11/15/2019)

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Answer to Complaint

11

Nov 15, 2019

Amended Answer to 1 Complaint, Amended Counterclaim against American Hellenic Educational Progressive Association Agence France-Presse filed by Agence France-Presse. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Higbee, Mathew) (Entered: 11/15/2019)

Att 2

Exhibit 2

Att 3

Exhibit 3

Att 4

Exhibit 4

Att 5

Exhibit 5

12

Nov 27, 2019

Application to Clerk for entry of default against PicRights Ltd filed by American Hellenic Educational Progressive Association. (Gugliotta, John) (Entered: 11/27/2019)

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Application to enter Default

13

Nov 27, 2019

Application to Clerk for entry of default against PicRights Eureop GmbH filed by American Hellenic Educational Progressive Association. (Gugliotta, John) (Entered: 11/27/2019)

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Application to enter Default

14

Nov 30, 2019

Answer to Agence France-Presse Counterclaim filed by American Hellenic Educational Progressive Association. Related document(s) 11 . (Gugliotta, John) (Entered: 11/30/2019)

15

Dec 2, 2019

Default Entered on 12/2/2019 against PicRights Ltd. Sandy Opacich, Clerk by Katherine King, Deputy Clerk. Related document(s) 12 . (K,K) (Entered: 12/02/2019)

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Default Entered

Dec 2, 2019

Remark re Pro Se Service

16

Dec 2, 2019

Default Entered on 12/2/2019 against PicRights Europe GmbH. Sandy Opacich, Clerk by Katherine King, Deputy Clerk. Related document(s) 13 . (K,K) (Entered: 12/02/2019)

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Default Entered

Dec 2, 2019

Copy of 15 Default Entered and 16 Default Entered mailed to PicRights Ltd. and PicRights Europe GmbH, c/o Higbee & Associates, at 1504 Brookhollow Drive, Suite 112, Santa Ana, CA 92705 on 12/2/2019. (K,K)

17

Dec 2, 2019

Case Management Conference Scheduling Order with case management Conference to be held on 12/17/2019 at 01:30 PM at Chambers 18B before Judge Dan Aaron Polster. Report of Parties' Planning Meeting is due no later than 12:00 p.m. on 12/13/2019. Signed by Judge Dan Aaron Polster on 12/2/2019. (K,K) (Entered: 12/02/2019)

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Case Management Conference Scheduling Order

18

Dec 2, 2019

Letter filed by Agence France-Presse. Related document(s) 13, 7, 12 . (Attachments: # 1 Exhibit Email communications with Mr. Gugliotta)(Higbee, Mathew) (Entered: 12/02/2019)

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Letter

Att 1

Exhibit Email communications with Mr. Gugliotta

Dec 9, 2019

Notice [non-document] Telephone Conference set for 12/18/2019 at 10:00 AM before Judge Dan Aaron Polster. (K,K)

Dec 9, 2019

Notice of Hearing or Conference

Dec 10, 2019

IMPORTANT: Notice [non-document] Telephone Conference RESET for 12/11/2019 at 01:00 PM before Judge Dan Aaron Polster. (K,K)

Dec 10, 2019

Notice of Hearing or Conference

Dec 11, 2019

Minutes of proceedings [non-document] On December 12, 2019, the Court held a scheduled teleconference attended by Plaintiff's counsel John D. Gugliotta and Defendant Agence France-Presse's Counsel Mathew K. Higbee. The Court discussed the status of the case and potential means of resolving the case. The Court scheduled a follow-up teleconference for December 13, 2019 at 2:30 PM. Parties and counsel are required to attend the teleconference unless the parties have agreed to a resolution of the case, in which case only counsel must attend the teleconference. The parties are to use the same dial-in instructions. (Court Reporter: n/a.) Time: 15 minutes. (K,K)

Dec 11, 2019

Telephone Conference

Dec 13, 2019

Telephone Conference

Dec 13, 2019

Minutes of proceedings [non-document] On December 13, 2019, the Court held a scheduled teleconference attended by Plaintiff's representative George Lucas, Plaintiffs counsel John D. Gugliotta and Defendant Agence France-Presse's Counsel Mathew K. Higbee. The parties expressed that they are close to resolving the case, but need more time. Accordingly, the Court scheduled a follow-up teleconference for January 7, 2020 at 1:30 PM. The parties are to use the same dial-in instructions. The Court also rescheduled the December 17, 2019 Case Management Conference to January 28, 2020 at 9:00 AM. The Report of Parties' Planning Meeting is now due no later than 12:00 p.m. on January 16, 2020. (Court Reporter: n/a.) Time: 15 minutes. (K,K)

Jan 7, 2020

Notice [non-document] Telephone Conference with counsel and clients reset for 1/9/2020 at 04:00 PM before Judge Dan Aaron Polster. (K,K)

19

Jan 9, 2020

Stipulated Final Judgment filed by Plaintiff American Hellenic Educational Progressive Association, Counter-Defendant American Hellenic Educational Progressive Association. (Gugliotta, John) (Entered: 01/09/2020)

20

Jan 9, 2020

Motion to dismiss Defendants PicRights Ltd. and PicRights Europe GmbH filed by Plaintiff American Hellenic Educational Progressive Association. (Gugliotta, Nathaniel) (Entered: 01/09/2020)

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Dismiss

21

Jan 10, 2020

Marginal Order and Notice of Party Dismissal. Plaintiff's 20 Motion to dismiss against Defendants PicRights Ltd. and PicRights Europe GmbH without prejudice is granted. Signed by Judge Dan Aaron Polster on 1/10/2020. (K,K) (Entered: 01/10/2020)

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Order and Notice of Party Dismissal

Jan 10, 2020

Minutes of proceedings [non-document] On January 9, 2020, the Court held a scheduled teleconference attended by Plaintiff's counsel John D. Gugliotta and Defendant Agence France-Presse's counsel Mathew K. Higbee. The Court expressed concern regarding the Stipulated Final Judgement and Order filed by the parties. The parties are to either file a joint dismissal or attend a follow-up teleconference on January 13, 2020 at 4:00PM using the same dial-in instructions. (Court Reporter: n/a.) Time: 15 minutes. (K,K)

Jan 10, 2020

IMPORTANT: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. Information regarding NextGen can be found on the court's website.Preparing for NextGen CM/ECF is a multi-step process. Step one is to obtain or upgrade your PACER account. Currently, attorneys within a firm may share a PACER account. This will not be allowed with NextGen. Each attorney must have their own upgraded PACER account. If you are using a shared PACER account, register for a new PACER account by clicking here.If you have an upgraded PACER account for another NextGen court or your PACER account was created after August 10, 2014, no further action is required at this time. If neither applies, you must upgrade your legacy PACER account. If this is not done, you will be unable to e-file after February 10, 2020. Instructions for linking your PACER account to your CM/ECF account will be sent in February. If you still have questions, please contact the PACER Service Center at 800-676-6854 or the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)

22

Jan 13, 2020

Joint Stipulation and order for dismissal with prejudice filed by Plaintiff American Hellenic Educational Progressive Association, Counter-Defendant American Hellenic Educational Progressive Association. (Gugliotta, John) (Entered: 01/13/2020)

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Dismiss Case

23

Jan 13, 2020

Joint Stipulation and Order for Dismissal with Prejudice filed by Plaintiff American Hellenic Educational Progressive Association, Counter-Defendant American Hellenic Educational Progressive Association. (Gugliotta, John) (Entered: 01/13/2020)

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Dismiss Case

24

Jan 14, 2020

Order granting Joint Motion to dismiss with prejudice, including all claims and counterclaims, with each party to bear its own fees and costs (Related Doc # 23 ). Signed by Judge Dan Aaron Polster on 1/14/2020.(K,K) (Entered: 01/14/2020)

25

Jan 28, 2020

Report on the Determination [Closing] of an Action Regarding a Copyright (AO121). (W,Na) (Entered: 01/28/2020)

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Feb 3, 2020

LAST NOTICE: Prepare now and avoid delays logging in later. The U.S. District Court for the Northern District of Ohio [OHND] will be upgrading CM/ECF to the Next Generation of CM/ECF [NextGen] on February 10, 2020. In order to complete our final transition to NextGen, CM/ECF will be offline starting at 12:00 noon on Friday, February 7, 2020, through 11:59 p.m. Sunday, February 9, 2020. Pursuant to General Order 2020-02, we have established an email box, nextgenfilings@ohnd.uscourts.gov, for submitting documents to be filed during this period.Preparing for NextGen is a two-step process. Step one was to obtain or upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your OHND e-filing account in the NextGen CM/ECF system on or after February 10, 2020. Linking Instructions. You will be unable to e-file until the accounts are linked. If you have any additional questions, please call the Clerk's Office Help Desk at 1-800-355-8498. (SL) (ADI)

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