Meyer, Suozzi, English & Klein, P.C. v. Higbee (2:18-cv-03353)

COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10493740 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Exhibit 1, # 2 Civil Cover Sheet, # 3 Proposed Summons) (Schlosser, Kevin) (Entered: 06/07/2018)

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) (Entered: 06/08/2018)

Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Arlene R. Lindsay. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Rodin, Deanna)

Notice of Report on the Filing of an Action Regarding a Copyright. C/M to Register of Copyrights. (Attachments: # 1 Complaint, # 2 Exhibit) (Rodin, Deanna) (Entered: 06/08/2018)

Motion to Dismiss for Failure to State a Claim by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Exhibit A) (Ngo, Rayminh) (Entered: 06/29/2018)

Motion to Dismiss for Failure to State a Claim by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A) (Ngo, Rayminh) (Entered: 06/29/2018)

Electronic ORDER withdrawing 7 Motion to Dismiss for Failure to State a Claim; granting 8 Motion to Withdraw. Pursuant to the Defendants' letter 8, its original motion to dismiss 7 is withdrawn. So Ordered by Judge Arthur D. Spatt on 7/3/2018. (Fell, Christopher)

MEMORANDUM in Opposition re 10 Affidavit in Opposition to Motion,, Re: Higbee Defendants' Motion to Dismiss filed by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin) (Entered: 07/13/2018)

MOTION to Strike 12 Reply in Support by Meyer, Suozzi, English & Klein, P.C.. (Schlosser, Kevin) (Entered: 07/30/2018)

AFFIDAVIT/AFFIRMATION re 6 Summons Issued, 1 Complaint, Service of Foreign Process on Nicholas "Nick" Youngson by Meyer, Suozzi, English & Klein, P.C. (Schlosser, Kevin) (Entered: 12/03/2018)

Request for Certificate of Default by Meyer, Suozzi, English & Klein, P.C. (Attachments: # 1 Declaration Of Kevin Schlosser In Support Of Plaintiff's Request For Default Pursuant To Local Civil Rule 55.1, # 2 Exhibit Proposed Certificate Of Default) (Schlosser, Kevin) (Entered: 02/19/2019)

ORDER terminating 9 Motion to Dismiss for Failure to State a Claim; granting 13 Motion to Strike. The Higbee Defendants' 15-page reply brief exceeds the page limits specified in the Court's Individual Rules. The Higbee Defendants are directed to file a reply brief 10 pages or less in length no later than March 11, 2019. The Clerk of the Court is respectfully directed to strike docket entry 12 . For administrative purposes, the Clerk of the Court is respectfully directed to terminate and immediately restore the 9 motion to dismiss. So Ordered by Judge Arthur D. Spatt on 3/1/2019. (Kanellopoulos, Paul)

NOTICE of Appearance by Jeanne Marie Weisneck on behalf of RM Media Ltd., Nick Youngson (notification declined or already on case) (Weisneck, Jeanne) (Entered: 03/04/2019)

MOTION for Default Judgment by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Declaration of Kevin Schlosser, # 2 Exhibit 1 (Complaint), # 3 Exhibit 2 (Certificate of Default), # 4 Exhibit 3 (Proposed Form of Default Judgment), # 5 Affidavit of Service) (Schlosser, Kevin) (Entered: 03/04/2019)

Letter from Weisneck to Court by RM Media Ltd., Nick Youngson (Weisneck, Jeanne) (Entered: 03/06/2019)

REPLY in Support re Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion to Strike,, 9 Motion to Dismiss for Failure to State a Claim, 11 Memorandum in Opposition filed by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Declaration of Mathew K. Higbee) (Ngo, Rayminh) STRICKEN pursuant to the 3/13/2019 Electronic Order Order of Judge Arthur D. Spatt. This entry has been modified on 3/14/2019 to indicate Reply in Support 25 has been stricken. (Coleman, Laurie). (Entered: 03/11/2019)

REPLY in Support re 9 Motion to Dismiss for Failure to State a Claim, Order on Motion to Strike, filed by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Declaration of Mathew K. Higbee, # 2 Exhibit A (Blog Post Featuring Copyrighted Work), # 3 Exhibit B (Higbee Defendants' Letter to Plaintiff 01-30-18)) (Ngo, Rayminh) (Entered: 03/15/2019)

RESPONSE to Motion re 28 MOTION for Hearing re 18 Clerk's Entry of Default, 14 Letter, 15 Affidavit, 12 Reply in Support, 9 Motion to Dismiss for Failure to State a Claim, 20 Notice of Appearance, 11 Memorandum in Opposition, 10 Affidavit in filed by Mathew K. Higbee, Higbee & Associates. (Ngo, Rayminh) (Entered: 03/18/2019)

RESPONSE in Opposition re 30 MOTION for Service by Publication Requesting That Service of Process be Deemed Effectuated on Defendants Youngson and RM Media, 24 MOTION to Vacate 21 MOTION for Default Judgment filed by Meyer, Suozzi, English & Klein, P.C.. (Attachments: # 1 Exhibit A. Higbee Defendants May 9, 2018 letter and draft complaint to Plaintiff., # 2 Exhibit B. Acknowledgment of service by mail, # 3 Exhibit C. Defendant Nick Youngsons Copyright Registration filed with the United States Copyright Office, # 4 Exhibit D. Current printout of the information on file for the Copyright Registration filed with the United States Copyright Office, # 5 Exhibit E. Request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division for service of process upon RM Media, # 6 Exhibit F. Response to request for service sent to the Foreign Process Section of the Royal Courts of Justice Group, Queens Bench Division, # 7 Exhibit G. Docket reports of prior cases in which Jeanne Weisneck has appeared as co-counsel with the Higbee Defendants) (Schlosser, Kevin) (Entered: 03/25/2019)

NOTICE of Voluntary Dismissal by Meyer, Suozzi, English & Klein, P.C. of Action Solely as Against Defendants Nick Youngson and RM Media, Ltd. (Schlosser, Kevin) (Entered: 04/01/2019)

Electronic ORDER. The parties to the notice of voluntary dismissal are directed to re-file the document with a proposed amended caption reflecting the parties remaining in the case. So Ordered by Judge Arthur D. Spatt on 4/2/2019. (Kanellopoulos, Paul)

NOTICE of Voluntary Dismissal by Meyer, Suozzi, English & Klein, P.C. of Action Solely as Against Defendants Nick Youngson and RM Media, Ltd. (Revised as per Electronic Order dated 4-2-19) (Schlosser, Kevin) (Entered: 04/02/2019)

MEMORANDUM OF DECISION & ORDER: For the foregoing reasons, the Court grants the Higbee Defendants' 9 motion to dismiss the Complaint. The Court dismisses the Complaint without prejudice. If the Plaintiff elects to proceed, the Plaintiff is directed to file an amended complaint consistent with this opinion no later than 30 days from the issuance of this opinion. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 5/13/2019. (Coleman, Laurie) (Entered: 05/13/2019)

MOTION to Dismiss for Failure to State a Claim by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Memorandum in Support) (Ngo, Rayminh) (Entered: 06/27/2019)

REPLY in Support re 40 Memorandum in Opposition, 39 MOTION to Dismiss for Failure to State a Claim, 38 Amended Complaint filed by Mathew K. Higbee, Higbee & Associates. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B) (Ngo, Rayminh) (Entered: 07/17/2019)

CLERK'S JUDGMENT: ORDERED AND ADJUDGED that the Plaintiff Meyer, Suozzi, English & Klein, P.C. take nothing of the Defendants Matthew K. Higbee and Higbee & Associates; that the Amended Complaint is dismissed for lack of subject matter jurisdiction and without leave to amend; that the Defendants' motion to dismiss the complaint is denied as moot; and that this case is closed. Ordered by Clerk of Court on 3/10/2020. (Toritto, Jim) (Entered: 03/10/2020)