O'Brien & Gere Limited v. Business Software Alliance

Plaintiff:O'Brien & Gere Limited
Defendant:Business Software Alliance
 
Case Number:5:2007cv01174
Filed:November 5, 2007
 
Court:New York Northern District Court
Office:Syracuse Office [ Court Info ]
County:Onondaga
Presiding Judge:Senior Judge Neal P. McCurn
Referring Judge:Magistrate Judge Gustave J. DiBianco
 
Nature of Suit:Intellectual Property - Copyrights
Cause:28:1446 Notice of Removal
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
November 5, 2007 1 NOTICE OF REMOVAL from Supreme Court of the State of New York, case number 07-4999 (Filing fee $ 350 receipt number 888540) filed by Business Software Alliance. (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# 9 Cover Sheet)(dmf) (Entered: November 6, 2007)
November 5, 2007 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 4/3/2008 at 2:00 PM in Syracuse before Magistrate Judge Gustave J. DiBianco.,Civil Case Management Plan due by 3/24/2008. (dmf) (Entered: November 6, 2007)
November 6, 2007 3 CERTIFICATE OF SERVICE by Business Software Alliance re 1 Notice of Removal, (King, Kenneth) (Entered: November 6, 2007)
November 6, 2007 4 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Business Software Alliance. (King, Kenneth) (Entered: November 6, 2007)
November 6, 2007 5 AFFIDAVIT of Service for Filing Order/General Order #25 served on Frank A. Bersani, Jr., Esq. on November 6, 2007, filed by Business Software Alliance. (King, Kenneth) (Entered: 11/06/2007)
November 8, 2007 6 MOTION to Dismiss the Plaintiff's Complaint Motion Hearing set for 12/11/2007 10:00 AM in Syracuse before Senior Judge Neal P. McCurn.,Response to Motion due by 11/26/2007,Reply to Response to Motion due by 11/30/2007. by Business Software Alliance. (Attachments: # 1 Memorandum of Law # 2 Proposed Order/Judgment # 3 Affidavit Affidavit of Samuel J. Abate, Jr.# 4 Exhibit(s) Exhibit A - Letter dated 6/13/07# 5 Exhibit(s) Exhibit B Letter dated 7/23/07# 6 Exhibit(s) Exhibit C Letter dated 8/3/07# 7 Exhibit(s) Exhibit D Summons & Complaint# 8 Exhibit(s) Exhibit E State Court Motion to Dismiss# 9 Exhibit(s) Exhibit F Opposition to State Court Motion# 10 Exhibit(s) Reply in Support of State Court Motion# 11 Exhibit(s) Exhibit H Transcript of Oral Argument# 12 Exhibit(s) Exhibit I Proposed Order# 13 Exhibit(s) Exhibit J Revised Order# 14 Exhibit(s) Exhibit K Signed Order# 15 Exhibit(s) Exhibit L Letter dated 8/7/07# 16 Exhibit(s) Exhibit M Letter dated 8/16/07# 17 Exhibit(s) Exhibit N Letter dated 8/22/07# 18 Exhibit(s) Exhibit O Letter dated 8/24/07# 19 Exhibit(s) Exhibit P Letter dated 8/27/07# 20 Exhibit(s) Letter dated 8/28/07# 21 Exhibit(s) Channel 4 v. Wildmon# 22 Exhibit(s) Exhibit 2 Milton v. Rosicki# 23 Exhibit(s) Exhibit 3 Pony Pal v. Claires Boutiques# 24 Exhibit(s) Exhibit 4 Solin v. Nat'l Assoc. Sec. Dealers# 25 Certificate of Service) (Abate, Samuel) (Entered: November 8, 2007)
November 12, 2007 7 MOTION for Limited Admission Pro Hac Vice of Julia C. Allen Filing fee $30, receipt number 893471 by Business Software Alliance. (Attachments: # 1 Affidavit Affidavit of Sponsor, Kenneth J. King# 2 Affidavit Verified Petition for Pro Hac Vice Admission to Practice# 3 Proposed Order/Judgment Proposed Pro Hac Vice Order# 4 Affidavit Oath on Admission# 5 Supplement Certificate of Good Standing) Motions referred to Gustave J. DiBianco. (King, Kenneth) (Entered: November 12, 2007)
November 12, 2007 8 MOTION for Limited Admission Pro Hac Vice of M. Kelly Tillery Filing fee $30, receipt number 893475 by Business Software Alliance. (Attachments: # 1 Affidavit of Sponsor, Kenneth J. King# 2 Affidavit Verified Petition for Pro Hac Vice Admission to Practice# 3 Proposed Order/Judgment # 4 Oath of Admission# 5 Certificate of Good Standing# 6 Attorney E-Filing Registration Form) Motions referred to Gustave J. DiBianco. (King, Kenneth) (Entered: November 12, 2007)
November 12, 2007 9 AFFIDAVIT of Service for Pro Hac Vice Motions served on Frank A. Bersani on November 12, 2007, filed by Business Software Alliance. (King, Kenneth) (Entered: November 12, 2007)
November 13, 2007 10 AFFIDAVIT in Support re 7 MOTION for Limited Admission Pro Hac Vice of Julia C. Allen Filing fee $30, receipt number 893471 filed by Business Software Alliance. (King, Kenneth) (Entered: November 13, 2007)
November 14, 2007 11 ORDER granting 7 Motion for Limited Admission Pro Hac Vice of Julia C. Allen, Esq. Signed by Judge Gustave J. DiBianco on 11/14/07. (amt, ) (Entered: November 14, 2007)
November 14, 2007 12 ORDER granting 8 Motion for Limited Admission Pro Hac Vice of M. Kelly Tillery, Esq. Signed by Judge Gustave J. DiBianco on 11/14/07. (amt, ) (Entered: November 14, 2007)
November 21, 2007 13 Cross MOTION to Remand Motion Hearing set for 12/11/2007 10:00 AM in Syracuse before Senior Judge Neal P. McCurn.,Response to Motion due by 11/26/2007,Reply to Response to Motion due by 11/30/2007. by O'Brien & Gere Limited. (Attachments: # 1 Affidavit # 2 Memorandum of Law) (Bersani, Frank) (Entered: November 21, 2007)
November 26, 2007 14 AFFIDAVIT of Service for Cross-Motion for Remand served on Samuel J. Abate on November 26, 2007, filed by O'Brien & Gere Limited. (Bersani, Frank) (Entered: November 26, 2007)
November 29, 2007 15 ORDER TAKING MOTION ON SUBMIT 13 Cross MOTION to Remand, 6 MOTION to Dismiss the Plaintiff's Complaint :ORDERED By Judge Neal P. McCurn on 11/29/2007. (ptm, ) (Entered: November 29, 2007)
November 30, 2007 16 MEMORANDUM OF LAW in OPPOSITION to 13 Cross Motion to Remand, filed by Business Software Alliance and IN REPLY to plaintiff's opposition to Deft's 6 Motion to Dismiss. (Attachments: # 1 Exhibit(s) 1# 2 Exhibit(s) 2)(King, Kenneth) (Entered: November 30, 2007)
November 30, 2007 17 AFFIDAVIT by Business Software Alliance. (Attachments: # 1 Exhibit(s) A)(King, Kenneth) (Entered: November 30, 2007)
November 30, 2007 18 CERTIFICATE OF SERVICE by Business Software Alliance re 17 Affidavit, 16 Memorandum of Law (King, Kenneth) (Entered: November 30, 2007)
December 13, 2007 19 MEMORANDUM OF LAW in further support of Plaintiff's Motion to Remand filed by O'Brien & Gere Limited. (Bersani, Frank) (Entered: December 13, 2007)
December 17, 2007 20 RESPONSE in Opposition re 13 Cross MOTION to Remand filed by Business Software Alliance. (King, Kenneth) (Entered: December 17, 2007)
December 17, 2007 21 CERTIFICATE OF SERVICE by Business Software Alliance re 20 Response in Opposition to Motion (King, Kenneth) (Entered: 12/17/2007)
January 30, 2008 22 MEMORANDUM-DECISION AND ORDER denying as moot BSA's 6 Motion to Dismiss and granting OBG's 13 Cross-Motion to Remand. Signed by Judge Neal P. McCurn on 1/30/08. (amt) (Entered: January 30, 2008)
February 1, 2008 23 MOTION for Reconsideration and to Stay, re 22 Order on Motion to Dismiss/Remand Motion Hearing set for 3/11/2008 09:00 AM before Senior Judge Neal P. McCurn. Response to Motion due by 2/25/2008 by Business Software Alliance. (Attachments: # 1 Proposed Order/Judgment) Motions referred to Gustave J. DiBianco. (King, Kenneth) Modified on 2/4/2008 to change event type from Motion to Stay to Motion for Reconsideration as per NPM Chambers. (jmb) (Entered: February 1, 2008)
February 1, 2008 24 CERTIFICATE OF SERVICE by Business Software Alliance re 23 MOTION to Stay re 22 Order on Motion to Dismiss, Order on Motion to Remand MOTION to Stay re 22 Order on Motion to Dismiss, Order on Motion to Remand (King, Kenneth) (Entered: February 1, 2008)
February 6, 2008 Motions No Longer Referred: Motion is returnable before Senior Judge Neal P. McCurn 23 MOTION for Reconsideration. (kmg) (Entered: February 6, 2008)
February 6, 2008 25 AFFIDAVIT in Opposition re 23 MOTION for Reconsideration filed by O'Brien & Gere Limited. (Attachments: # 1 Remand Order)(Bersani, Frank) (Entered: February 6, 2008)
February 6, 2008 26 MEMORANDUM OF LAW re 25 Affidavit in Opposition to Motion filed by O'Brien & Gere Limited. (Bersani, Frank) (Entered: 02/06/2008)
February 7, 2008 27 MOTION for Leave to File by Business Software Alliance. (Attachments: # 1 Exhibit(s) A, # 2 Proposed Order/Judgment) Motions referred to Gustave J. DiBianco. (King, Kenneth) (Entered: February 7, 2008)
February 7, 2008 28 CERTIFICATE OF SERVICE by Business Software Alliance re 27 MOTION for Leave to File (King, Kenneth) (Entered: February 7, 2008)
February 7, 2008 29 TEXT ORDER granting 27 Motion for Leave to File Reply Memorandum in Support of Defendant's Motion for Reconsidation. Defendant is hereby ordered to file Reply Brief. Ordered by Senior Judge Neal P. McCurn on 2/7/2008. (ptm, ) (Entered: February 7, 2008)
February 8, 2008 30 MEMORANDUM OF LAW re 23 Motion for Reconsideration, filed by Business Software Alliance. (King, Kenneth) (Entered: February 8, 2008)
February 8, 2008 31 CERTIFICATE OF SERVICE by Business Software Alliance re 30 Memorandum of Law (King, Kenneth) (Entered: February 8, 2008)
February 25, 2008 32 MEMORANDUM-DECISION AND ORDER granting in part and denying in part the # 23 Motion for Reconsideration filed by Business Software Alliance: it is ordered that Defendant Business Software Alliance's motion for reconsideration is GRANTED, and upon reconsideration, the Court adheres to its earlier decision to remand this action to the State Court where it was commenced, and Defendant Business Software Alliance's motion to stay the remand order is hereby denied. Signed by Senior Judge Neal P. McCurn on 2/25/08. (lmw) (Entered: February 25, 2008)
Docket Report Last Checked: August 6, 2008 16:50:52 PDT
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Plaintiff: O'Brien & Gere Limited
Represented By: Frank A. Bersani
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Defendant: Business Software Alliance
Represented By: Kenneth J. King
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