Solengo Capital Advisors ULC v. Dealbreaker et al

Plaintiff:Solengo Capital Advisors ULC
Defendant:Dealbreaker, Elizabeth Spiers, John Carney, Bess Levin, John Doe, Jane Doe and Dead Horse Media LLC
 
Case Number:1:2007cv02657
Filed:April 2, 2007
 
Court:New York Southern District Court
Office:Foley Square Office [ Court Info ]
County:XX Out of U.S.
Presiding Judge:Judge Denise L. Cote
 
Nature of Suit:Intellectual Property - Copyrights
Cause:17:101 Copyright Infringement
Jurisdiction:Federal Question
Jury Demanded By:None
Date Filed # Docket Text
April 2, 2007 1 COMPLAINT against John Doe, Jane Doe, Dealbreaker, Elizabeth Spiers, John Carney, Bess Levin. (Filing Fee $ 350.00, Receipt Number 610440)Document filed by Solengo Capital Advisors ULC.(tro) (Entered: April 3, 2007)
April 2, 2007 SUMMONS ISSUED as to John Doe, Jane Doe, Dealbreaker, Elizabeth Spiers, John Carney, Bess Levin. (tro) (Entered: April 3, 2007)
April 2, 2007 Magistrate Judge Kevin N. Fox is so designated. (tro) (Entered: April 3, 2007)
April 2, 2007 Case Designated ECF. (tro) (Entered: April 3, 2007)
April 2, 2007 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Solengo Capital Advisors ULC.(tro) (Entered: April 3, 2007)
April 2, 2007 6 PRELIMINARY INJUNCTION ON CONSENT: Immediately remove the Solengo investor prospectus from the dealbreaker.com websire; and Refrain from posting the Document or othewise and Refrain from posting the Document or otherwise distributing it pending final disposition of this action. It Is So Ordered. (Signed by Judge Denise L. Cote on 4/2/2007) (jmi) (Entered: April 3, 2007)
April 2, 2007 7 ORDER; that I decline to grant any relief to the plaintiff. Plaintiffs application for the extraordinary relief of a temporary restraining order is denied. (Signed by Judge P. Kevin Castel, Part I on 3/30/07) (pl) (Entered: April 3, 2007)
April 3, 2007 3 FILING ERROR - WRONG DOCUMENT TYPE SELECTED FROM MENU - MOTION for Temporary Restraining Order (MEMORANDUM OF LAW (non-motion). Document filed by Solengo Capital Advisors ULC.(Cogan, Jonathan) Modified on 4/4/2007 (KA). (Entered: April 3, 2007)
April 3, 2007 4 DECLARATION of Jonathan D. Cogan in Support re: 3 MOTION for Temporary Restraining Order.. Document filed by Solengo Capital Advisors ULC. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Cogan, Jonathan) (Entered: April 3, 2007)
April 3, 2007 5 DECLARATION of Brian Hunter in Support re: 3 MOTION for Temporary Restraining Order.. Document filed by Solengo Capital Advisors ULC. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit)(Cogan, Jonathan) (Entered: April 3, 2007)
April 4, 2007 8 ORDER DIRECTING THE FILING OF SUPPORTING DECLARATION UNDER SEAL; that the Clerk of the Court is directed to file the pages set forth in this Order under seal. (Signed by Judge Denise L. Cote on 4/3/07) (pl) Modified on 4/5/2007 (Lancaster, Patricia). (Entered: April 5, 2007)
April 6, 2007 10 AFFIDAVIT OF SERVICE. Dealbreaker served on 4/6/2007, answer due 4/26/2007; Elizabeth Spiers served on 4/6/2007, answer due 4/26/2007; John Carney served on 4/6/2007, answer due 4/26/2007; Bess Levin served on 4/6/2007, answer due 4/26/2007. Service was accepted by Donald Thoresen, Managing Clerk. Document filed by Solengo Capital Advisors ULC. (Cogan, Jonathan) (Entered: April 6, 2007)
May 7, 2007 11 ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/15/2007 03:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 5/7/07) (pl) (Entered: 05/08/2007)
May 10, 2007 12 AMENDED COMPLAINT amending 1 Complaint against Dead Horse Media LLC, John Doe, Jane Doe, Dealbreaker, Elizabeth Spiers, John Carney, Bess Levin.Document filed by Solengo Capital Advisors ULC. Related document: 1 Complaint filed by Solengo Capital Advisors ULC.(jco) (Entered: May 14, 2007)
May 14, 2007 13 AFFIDAVIT OF SERVICE. Dead Horse Media LLC served on 5/11/2007, answer due 5/31/2007; Dealbreaker served on 5/11/2007, answer due 5/31/2007; Elizabeth Spiers served on 5/11/2007, answer due 5/31/2007; John Carney served on 5/11/2007, answer due 5/31/2007; Bess Levin served on 5/11/2007, answer due 5/31/2007. Service was accepted by Rosemary Setteducato, Secretary. Document filed by Solengo Capital Advisors ULC. (Cogan, Jonathan) (Entered: May 14, 2007)
May 14, 2007 14 AMENDED PRELIMINARY INJUNCTION ON CONSENT ORDER: defendants Dead Horse Media, LLC, DealBreaker, Spiers, Carney and Levins hereby agree that without admitting liability or waiving any right, remedy or defense in this action, they will refrain from posting the Solengo investor prospectus on their website or otherwise distributing it pending final deposition of this action. (Signed by Judge Denise L. Cote on 5/14/07) (db) (Entered: May 15, 2007)
May 14, 2007 15 STIPULATION: defendants' time to respond to the amended complaint in this action is extended to 5/22/07. (Signed by Judge Denise L. Cote on 5/14/07) (db) (Entered: May 15, 2007)
May 15, 2007 16 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on Dead Horse Media LLC, Dealbreaker, Elizabeth Spiers, John Carney, Bess Levin on 05/14/2007. Service was accepted by Edward H. Rosenthal, Esq.. Document filed by Solengo Capital Advisors ULC. (Cogan, Jonathan) (Entered: May 15, 2007)
May 24, 2007 17 MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Dealbreaker.(Rosenthal, Edward) (Entered: May 24, 2007)
May 24, 2007 18 DECLARATION of Edward H. Rosenthal in Support re: 17 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Dealbreaker. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Rosenthal, Edward) (Entered: May 24, 2007)
May 24, 2007 19 MEMORANDUM OF LAW in Support re: 17 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Dealbreaker. (Rosenthal, Edward) (Entered: May 24, 2007)
May 24, 2007 20 STIPULATION AND ORDER that dfts' time to respond to the amended complaint in this action is extended to and including 5/25/07. (Signed by Judge Denise L. Cote on 5/23/07) (dle) (Entered: 05/25/2007)
May 24, 2007 Set Answer Due Date purs. to 20 Stipulation and Order as to John Doe answer due on 5/25/2007; Jane Doe answer due on 5/25/2007; Dead Horse Media LLC answer due on 5/25/2007; Dealbreaker answer due on 5/25/2007; Elizabeth Spiers answer due on 5/25/2007; John Carney answer due on 5/25/2007; Bess Levin answer due on 5/25/2007. (dle) (Entered: May 25, 2007)
May 30, 2007 21 MOTION to Dismiss (Corrected). Document filed by Dead Horse Media LLC.(Rosenthal, Edward) (Entered: May 30, 2007)
May 30, 2007 22 DECLARATION of Edward H. Rosenthal (Corrected) in Support re: 21 MOTION to Dismiss (Corrected).. Document filed by Dead Horse Media LLC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(Rosenthal, Edward) (Entered: May 30, 2007)
May 30, 2007 23 MEMORANDUM OF LAW in Support re: 21 MOTION to Dismiss (Corrected).. Document filed by Dead Horse Media LLC. (Rosenthal, Edward) (Entered: May 30, 2007)
May 31, 2007 24 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Document filed by Dead Horse Media LLC.(Rosenthal, Edward) (Entered: May 31, 2007)
June 6, 2007 25 STIPULATION AND ORDER; that today the Court so ordered a stipulation extending the deadline for the plaintiff's opposition to the motion to dismiss to 6/25/07. The dfts reply, if any, must be submitted by 7/2/07.(Signed by Judge Denise L. Cote on 6/6/07) (pl) Modified on 6/7/2007 (Lancaster, Patricia). (Entered: June 7, 2007)
June 6, 2007 Set/Reset Scheduling Order Deadlines: Replies due by 7/2/2007. (pl) (Entered: June 7, 2007)
June 6, 2007 26 STIPULATION; tht plaintiff's time to respond to the motion to dismiss in this action is extended to and including 6/25/07. (Signed by Judge Denise L. Cote on 6/6/07) (pl) (Entered: 06/07/2007)
June 6, 2007 28 ORDER, Set Deadlines/Hearing as to 21 MOTION to Dismiss (Corrected) :The defendants' reply, if any, must be submitted by July 2. So Ordered. Replies due by 7/2/2007. (Signed by Judge Denise L. Cote on 6/6/07) (jco) (Entered: June 8, 2007)
June 7, 2007 27 NOTICE OF APPEARANCE by Lia Nicole Brooks on behalf of Dead Horse Media LLC (Brooks, Lia) (Entered: June 7, 2007)
June 12, 2007 29 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward H. Rosenthal dated 6/8/07 re: counsel for defendants request an adjournment of the scheduled 6/15/07 status conference. } Application GRANTED. The conference is adjourned sine die. (Signed by Judge Denise L. Cote on 6/12/07) (db) (Entered: June 13, 2007)
June 25, 2007 30 MEMORANDUM OF LAW in Opposition re: 21 MOTION to Dismiss (Corrected).. Document filed by Solengo Capital Advisors ULC. (Kim, Michael) (Entered: June 25, 2007)
June 25, 2007 31 DECLARATION of Jonathan D. Cogan in Support re: 30 Memorandum of Law in Opposition to Motion. Document filed by Solengo Capital Advisors ULC. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C)(Kim, Michael) (Entered: June 25, 2007)
June 29, 2007 32 ENDORSED LETTER addressed to Judge Denise L. Cote from Edward H. Rosenthal dated 6/28/07 re: counsel for defendants request an extension of time to respond to the amended complaint by 7/13/07. ENDORSEMENT: the motion is dismissed as withdrawn. John Doe answer due 7/13/2007; Jane Doe answer due 7/13/2007; Dead Horse Media LLC answer due 7/13/2007; Dealbreaker answer due 7/13/2007; Elizabeth Spiers answer due 7/13/2007; John Carney answer due 7/13/2007; Bess Levin answer due 7/13/2007. (Signed by Judge Denise L. Cote on 6/29/07) (db) (Entered: July 2, 2007)
July 6, 2007 33 SECOND AMENDED COMPLAINT amending 12 Amended Complaint, against John Doe, Jane Doe, Dead Horse Media LLC, Dealbreaker, Elizabeth Spiers, John Carney, Bess Levin.Document filed by Solengo Capital Advisors ULC. Related document: 12 Amended Complaint, filed by Solengo Capital Advisors ULC.(jco) (Entered: July 10, 2007)
July 9, 2007 34 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/27/2007 at 03:30 PM in Courtroom 11B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/9/07) (pl) Modified on 7/10/2007 (Lancaster, Patricia). (Entered: July 10, 2007)
July 13, 2007 35 AFFIDAVIT OF SERVICE. Dead Horse Media LLC served on 7/6/2007, answer due 7/26/2007; Dealbreaker served on 7/6/2007, answer due 7/26/2007; Elizabeth Spiers served on 7/6/2007, answer due 7/26/2007; John Carney served on 7/6/2007, answer due 7/26/2007; Bess Levin served on 7/6/2007, answer due 7/26/2007. Service was accepted by Lia Brooks, Esq., Attorney. Document filed by Solengo Capital Advisors ULC. (Cogan, Jonathan) (Entered: July 13, 2007)
July 17, 2007 36 NOTICE of Initial Pretrial Conference. Document filed by Solengo Capital Advisors ULC. (Cogan, Jonathan) (Entered: July 17, 2007)
July 24, 2007 37 ANSWER to Amended Complaint. Document filed by Dead Horse Media LLC. Related document: 33 Amended Complaint, filed by Solengo Capital Advisors ULC.(Rosenthal, Edward) (Entered: July 24, 2007)
July 31, 2007 38 PRETRIAL SCHEDULING ORDER: Fact Discovery due by 12/14/2007. Joint Pretrial Order due by 1/18/2008. See document for other information. (Signed by Judge Denise L. Cote on 7/31/07) (cd) (Entered: August 1, 2007)
July 31, 2007 39 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Denise L. Cote on 7/31/07) (cd) (Entered: August 1, 2007)
August 20, 2007 40 ORDER: this action is discontinued without costs to either party and without prejudice. Restoration period set for 30 days. (Signed by Judge Denise L. Cote on 8/20/07) (db) (Entered: 08/21/2007)
Docket Report Last Checked: December 19, 2009 18:50:17 PST
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Plaintiff: Solengo Capital Advisors ULC
Represented By: Leif Thorsten Simonson, Jonathan David Cogan, Michael Sangyun Kim
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Defendant: Dealbreaker
Represented By: Edward Henry Rosenthal
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Defendant: Elizabeth Spiers
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Defendant: John Carney
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Defendant: Bess Levin
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Defendant: John Doe
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Defendant: Jane Doe
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Defendant: Dead Horse Media LLC
Represented By: Lia Nicole Brooks, Edward Henry Rosenthal
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