Watch Tower Bible and Tract Society of Pennsylvania v. Doe (7:21-cv-04155)

District Court, S.D. New York

Date Filed
Description

1

May 10, 2021

COMPLAINT against John Doe. (Filing Fee $ 402.00, Receipt Number ANYSDC-24517619)Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) (Entered: 05/10/2021)

2

May 10, 2021

CIVIL COVER SHEET filed..(Shimanoff, Eric) (Entered: 05/10/2021)

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Civil Cover Sheet

3

May 10, 2021

STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-mc-268. Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) (Entered: 05/10/2021)

4

May 10, 2021

FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Shimanoff, Eric) Modified on 5/11/2021 (pc). (Entered: 05/10/2021)

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AO 121 Form Copyright - Notice of Submission by Attorney

5

May 10, 2021

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) (Entered: 05/10/2021)

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Rule 7.1 Corporate Disclosure Statement

May 11, 2021

Case Opening Initial Assignment Notice

May 11, 2021

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Cathy Seibel. Please download and review the Individual Practices of the assigned District Judge, located at 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 https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)

May 11, 2021

Magistrate Judge Andrew E. Krause is so designated. 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)

May 11, 2021

Case Designation

May 11, 2021

Case Designated ECF

May 11, 2021

Case Designated ECF. (pc)

May 11, 2021

Notice to Attorney Regarding Deficient AO 120/121 Form

May 11, 2021

***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Eric Joseph Shimanoff to RE-FILE Document No. 4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s):. the PDF attached to the docket entry for the AO 121 Copyright form is not correct; Do not use the sample AO 121 form. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form. (pc)

6

May 11, 2021

AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Shimanoff, Eric) (Entered: 05/11/2021)

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AO 121 Form Copyright - Notice of Submission by Attorney

7

May 12, 2021

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..(jgo) (Entered: 05/12/2021)

AO 121 Form Copyright - Case Opening - Submitted

8

May 19, 2021

FILING ERROR - DEFICIENT - SUMMONS REQUESTED - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe aka "Kevin McFree", re: 1 Complaint. Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) Modified on 5/20/2021 (vf). (Entered: 05/19/2021)

9

May 20, 2021

FILING ERROR - DEFICIENT - SUMMONS REQUESTED - REQUEST FOR ISSUANCE OF SUMMONS as to John Doe aka "Kevin McFree", re: 1 Complaint. Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) Modified on 5/20/2021 (vf). (Entered: 05/20/2021)

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Request for Issuance of Summons

May 20, 2021

Notice to Attorney Regarding Deficient Request for Issuance of Summons

May 20, 2021

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Eric Joseph Shimanoff to RE-FILE Document No. 9 Request for Issuance of Summons, 8 Request for Issuance of Summons. The filing is deficient for the following reason(s): For 8 Request for Issuance of Summons: Defendant party name error; defendant party name listed does not correspond to pleading. 9 Request for Issuance of Summons, The Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)

10

Jun 1, 2021

LETTER MOTION for Leave to File Exhibits to the Complaint addressed to Judge Cathy Seibel from Eric J. Shimanoff dated June 1, 2021. Document filed by Watch Tower Bible and Tract Society of Pennsylvania. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H).(Shimanoff, Eric) (Entered: 06/01/2021)

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Motion for Leave to File Document

Att 1

Exhibit A

Att 2

Exhibit B

Att 3

Exhibit C

Att 4

Exhibit D

Att 5

Exhibit E

Att 6

Exhibit F

Att 7

Exhibit G

Att 8

Exhibit H

11

Jun 1, 2021

ORDER granting 10 Letter Motion for Leave to File Document: Plaintiff may re-file the Complaint with the exhibits. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 06/01/2021)

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Order on Motion for Leave to File Document

12

Jun 1, 2021

COMPLAINT against John Doe. Document filed by Watch Tower Bible and Tract Society of Pennsylvania. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H).(Shimanoff, Eric) (Entered: 06/01/2021)

Att 1

Exhibit A

Att 2

Exhibit B

Att 4

Exhibit D

Att 5

Exhibit E

Att 6

Exhibit F

Att 7

Exhibit G

Att 8

Exhibit H

Jun 1, 2021

Order on Motion for Leave to File Document

13

Jul 12, 2021

LETTER MOTION for Conference addressed to Judge Cathy Seibel from Eric J. Shimanoff dated July 12, 2021. Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) (Entered: 07/12/2021)

14

Jul 12, 2021

ORDER denying without prejudice 13 Letter Motion for Conference: The Court is not clear on what good a conference would do. If Plaintiff has a proposal for moving the case forward, it can put it in writing. The Court is not inclined to give advice on that subject, nor does it have any particular ideas other than awaiting the decision from Judge Roman. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 07/12/2021)

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Order on Motion for Conference

Jul 12, 2021

Order on Motion for Conference

15

Feb 14, 2022

LETTER MOTION for Conference addressed to Judge Cathy Seibel from Eric J. Shimanoff dated February 14, 2022. Document filed by Watch Tower Bible and Tract Society of Pennsylvania. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Shimanoff, Eric) (Entered: 02/14/2022)

16

Feb 14, 2022

ORDER granting 15 Letter Motion for Conference: Telephonic Pre-Motion Conference set for 3/11/22 at 10:00 am. Defendant may state his position, by letter of no more than 3 pages, no later than 3/4/22. Plaintiff shall convey a copy of this text order to Plaintiff by email no later than 2/15/22. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 02/14/2022)

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Order on Motion for Conference

17

Feb 14, 2022

CERTIFICATE OF SERVICE of Order Granting Pre-Motion Conference served on Kevin McFree on February 14, 2022. Service was made by Electronic Mail. Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) (Entered: 02/14/2022)

Feb 14, 2022

Order on Motion for Conference

18

Mar 2, 2022

NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for John Doe..(Levy, Paul) (Entered: 03/02/2022)

Notice of Limited Appearance of Pro Bono Counsel

19

Mar 2, 2022

NOTICE OF LIMITED APPEARANCE OF PRO BONO COUNSEL for John Doe..(Seymour, Malcolm) (Entered: 03/02/2022)

Notice of Limited Appearance of Pro Bono Counsel

20

Mar 3, 2022

PRE-CONFERENCE STATEMENT Letter in Opposition to Plaintiff's Request for Leave. Document filed by John Doe. (Attachments: # 1 Exhibit A to Letter in Opposition to Request for Leave to File Motion: Prior Decision, # 2 Exhibit Exhibit B to Letter in Opposition to Request for Leave to File Motion: Briefs in Prior Case).(Levy, Paul) (Entered: 03/03/2022)

Exhibit A to Letter in Opposition to Request for Leave to File Motion: Prior D

Exhibit Exhibit B to Letter in Opposition to Request for Leave to File Motion: B

21

Mar 11, 2022

NOTICE OF APPEARANCE by Paul Alan Levy on behalf of John Doe..(Levy, Paul) (Entered: 03/11/2022)

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Notice of Appearance

Mar 11, 2022

Pre-Motion Conference

22

Mar 11, 2022

NOTICE OF APPEARANCE by Malcolm Seymour on behalf of John Doe..(Seymour, Malcolm) (Entered: 03/11/2022)

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Notice of Appearance

Mar 11, 2022

Minute Entry for proceedings held before Judge Cathy Seibel: Pre-Motion Conference held on 3/11/2022. Plaintiff's counsel(s) Eric Shimanoff, Esq. and Paul Polidoro, Esq. appear telephonically. Defendant's counsel(s) Paul Levy, Esq. and Malcolm Seymour, Esq. appear telephonically. Law Clerk Andrew Kirschenbaum appears telephonically. The Court directs Defendant's counsel(s) Paul Levy, Esq. and Malcolm Seymour, Esq. to file Notice(s) of Appearance. Plaintiff is directed to submit a letter to the Court regarding Motion for Third Party discovery and proposed briefing schedule by March 18, 2022. See transcript. (Court Reporter Darby Ginsberg) (wc)

23

Mar 14, 2022

NOTICE OF APPEARANCE by Paul D. Polidoro on behalf of Watch Tower Bible and Tract Society of Pennsylvania..(Polidoro, Paul) (Entered: 03/14/2022)

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Notice of Appearance

24

Mar 18, 2022

LETTER MOTION to Expedite Discovery addressed to Judge Cathy Seibel from Eric J. Shimanoff dated March 18, 2022. Document filed by Watch Tower Bible and Tract Society of Pennsylvania. (Attachments: # 1 Exhibit A, # 2 Exhibit B).(Shimanoff, Eric) (Entered: 03/18/2022)

25

Mar 21, 2022

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a pre-motion conference proceeding held on 03/11/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Ginsberg, Darby) (Entered: 03/21/2022)

26

Mar 21, 2022

TRANSCRIPT of Proceedings re: pre-motion conference held on 3/11/2022 before Judge Cathy Seibel. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/11/2022. Redacted Transcript Deadline set for 4/21/2022. Release of Transcript Restriction set for 6/21/2022..(Ginsberg, Darby) (Entered: 03/21/2022)

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Transcript

27

Mar 22, 2022

ORDER denying 24 Letter Motion to Expedite: The motion to serve the subpoena on Google is granted. I am not going to include in the briefing schedule on the motion to quash time for expedited discovery or a motion for the same. Plaintiff can include in its opposition the reasons it believes I should not decide the motion to quash without discovery. The parties may have 30 pages for their main briefs and Defendant may have 15 pages for its reply brief. As for the schedule, I am sure the parties have heard of the six-month list. The proposed schedule would have the motion pending for four months before I could even pick it up. That is acceptable provided the parties agree to bundle the motion papers, by which I mean they serve one another according to the briefing schedule but do not file anything on the ECF system until the motion is fully briefed. This would enable me to grant the requested lengthy schedule, and to grant extensions if necessary, without painting myself into a corner. But bundling is optional. The parties need not bundle if one or both of them does not wish to do so, but they should propose a tighter briefing schedule (without telling me who does not wish to bundle). If the parties agree to bundle, they should let me know by letter and I will enter the proposed schedule. Either way I would like hard copies of the motion papers at the time they are served. (HEREBY ORDERED by Judge Cathy Seibel)(Text Only Order) (Seibel, Cathy) (Entered: 03/22/2022)

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Order on Motion to Expedite

Mar 22, 2022

Order on Motion to Expedite

28

Mar 29, 2022

LETTER MOTION for Leave to File Motion to Quash: re briefing procedure addressed to Judge Cathy Seibel from Paul Alan Levy dated March 29, 2022. Document filed by John Doe..(Levy, Paul) (Entered: 03/29/2022)

29

Mar 30, 2022

ORDER terminating 28 Letter Motion for Leave to File Document. Google's time to respond to Plaintiff's subpoena is tolled until after the anticipated and scheduled motion to quash. If the motion is denied, the Court will set a new date for compliance. SO ORDERED. (Signed by Judge Cathy Seibel on 3/30/2022) (mml) (Entered: 03/30/2022)

30

Apr 6, 2022

PROPOSED STIPULATION AND ORDER. Document filed by Watch Tower Bible and Tract Society of Pennsylvania..(Shimanoff, Eric) (Entered: 04/06/2022)

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Proposed Stipulation and Order

31

Apr 6, 2022

STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED by and between the parties as follows: 1. Plaintiff will notify Defendant once it has delivered a hard copy of a subpoena to Google, specifying the date of that delivery. 2. Defendant will serve any motion to quash ("Motion") by email, with a supporting memorandum not to exceed 30 pages, within 60 days after Google has received a hard copy of the subpoena. 3. Plaintiff's memorandum in opposition to the Motion, with a memorandum not to exceed 30 pages. will be served by email within 60 days after Defendant serves the Motion. 4. Defendant's reply memorandum, with a memorandum not to exceed 15 pages, will be served by email within 30 days after Plaintiff serves its opposition to the Motion. 5. The parties will provide the Court with courtesy copies of their motion papers at the time they are served. 6. Defendant will file all papers associated with the Motion within seven days after the Motion has been fully briefed, provided, that if plaintiff's opposition includes voluminous exhibits, native format exhibits, exhibits in excess of the PACER 10mb file size limit, or other documents that will require special filing procedures, such as documents that plaintiff contends may only be filed under seal, then defendant need file only the defendant's own papers, and plaintiff will file its papers once the motion and reply have been filed. (Signed by Judge Cathy Seibel on 4/6/2022) (mml) (Entered: 04/06/2022)

32

May 11, 2022

STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) John Doe and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Watch Tower Bible and Tract Society of Pennsylvania. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Shimanoff, Eric) (Entered: 05/11/2022)

33

May 12, 2022

AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 05/12/2022 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(nd) (Entered: 05/12/2022)

AO 121 Form Copyright - Case Terminated - Submitted

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