ECF

  U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:04-cv-07417-GBD


Brown et al v. Perdue
Assigned to: Judge George B. Daniels
Cause: 17:101 Copyright Infringement

Date Filed: 09/17/2004
Jury Demand: Defendant
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question
Plaintiff
Dan Brown represented byDonald N. David
Cozen O'Connor
909 Third Avenue
17th Floor
New York, NY 10022
(212) 453-3750
Fax: (212) 207-4938
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth A. McNamara
Davis Wright Tremaine LLP
1633 Broadway
New York, NY 10019
212 489-8230
Fax: 212 489-8340
Email: lizmcnamara@dwt.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Plaintiff
Random House, Inc. represented byDonald N. David
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Elizabeth A. McNamara
(See above for address)
ATTORNEY TO BE NOTICED

V.
Defendant
Lewis Perdue represented byDonald Norman David
Fischbein Badillo Wagner Harding
909 Third Avenue
New York, NY 10022
(212)-453-3750
Fax: (212)-453-3979
Email: ddavid@fbwhlaw.com
TERMINATED: 04/11/2005
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Counter Claimant
Lewis Perdue represented byDonald Norman David
(See above for address)
TERMINATED: 04/11/2005
ATTORNEY TO BE NOTICED

V.
Counter Defendant
Imagine Films Entertainment, LLC
Counter Defendant
Sony Pictures Releasing Corporation
Counter Defendant
Sony Pictures Entertainment Inc.
Counter Defendant
Columbia Pictures Industries, Inc.
Counter Defendant
Dan Brown
Counter Defendant
Random House, Inc.
Counter Claimant
Lewis Perdue

V.
Counter Defendant
Dan Brown
Counter Defendant
Imagine Films Entertainment, LLC
Counter Defendant
Sony Pictures Releasing Corporation
Counter Defendant
Random House, Inc.
Counter Defendant
Sony Pictures Entertainment Inc.
Counter Defendant
Columbia Pictures Industries, Inc.

Date Filed

#

Docket Text

04/11/200541CERTIFICATE OF SERVICE of Defendant and Counterclaim Plaintiff Lewis Perdue's Opposition to Plaintiffs' Motion for Judgment (and related documents and declarations) served on Dan Brown, Random House, Inc., Columbia Pictures Industries, Inc., Sony Pictures Entertainment, Inc., Sony Pictures Releasing Corporation, and Imagine Films Entertainment LLC on 04/08/2005. Service was made by HAND. Document filed by Lewis Perdue. (Bloom, Brian) (Entered: 04/11/2005)
04/11/200540 MEMORANDUM OF LAW in Opposition re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper. Page 43 of Defendant's Memorandum of Law filed on April 8, 2005. Document filed by Lewis Perdue. (Bloom, Brian) (Entered: 04/11/2005)
04/11/200539CONSENT ORDER; substituting Donald N. David, Esq. of Firm: Cozen O'Connor in place of Fischbein Badillo Wagner Harding LLP as counsel for Plaintiff Shady Records, Inc. (Signed by Judge George B. Daniels on 4/11/05) (sac, ) (Entered: 04/11/2005)
04/08/200538CERTIFICATE OF SERVICE of Opposition to Plaintiff's Motion for judgment, or in the alternative, summary judgment served on Dan Brown, Random House, Columbia Pictures Industries, Inc., Sony Pictures Entertainment, Inc., Sony Pictures Releasing Corporation, and Imagine Films Entertainment, LLC on 04/08/2005. Service was made by HAND. Document filed by Lewis Perdue. (Bloom, Brian) (Entered: 04/08/2005)
04/08/200537 MEMORANDUM OF LAW in Opposition re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper.. Document filed by Lewis Perdue. (Attachments: # 1 Supplement Part 2 of Memorandum of Law# 2 Supplement Part 3 to Memorandum of Law# 3 Supplement Part 4 of Memorandum of Law)(Bloom, Brian) (Entered: 04/08/2005)
04/08/200536RESPONSE in Opposition re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper. Perdue. Document filed by Lewis Perdue. (Attachments: # 1 Supplement Part 2 to Response to 56.1 Statement of Plaintiffs and Counterstatement of Defendant)(Bloom, Brian) (Entered: 04/08/2005)
04/08/200535DECLARATION of Donald N. David in Opposition re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper.. Document filed by Lewis Perdue. (Bloom, Brian) (Entered: 04/08/2005)
04/08/200534DECLARATION of Lewis Perdue in Opposition re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper.. Document filed by Lewis Perdue. (Attachments: # 1 Exhibit Perdue Ex. A# 2 Exhibit Perdue Ex. B# 3 Exhibit Perdue Ex. C# 4 Exhibit Perdue Ex. D)(Bloom, Brian) (Entered: 04/08/2005)
04/08/200533DECLARATION of John Gabriel Olsson in Opposition re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper.. Document filed by Lewis Perdue, Lewis Perdue, Lewis Perdue. (Bloom, Brian) (Entered: 04/08/2005)
04/08/200532DECLARATION of Gary Goshgarian in Opposition re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper.. Document filed by Lewis Perdue, Lewis Perdue, Lewis Perdue. (Bloom, Brian) (Entered: 04/08/2005)
04/01/200531STIPULATION AND ORDER: defendant's Response plaintiffs' motion for judgment on pleadings, or in the alternative, summary judgment due by 4/8/2005. Reply due by 4/22/2005. (Signed by Judge George B. Daniels on 4/1/05) (kw, ) (Entered: 04/05/2005)
04/01/200530ENDORSED LETTER addressed to Judge George B. Daniels from Brian A. Bloom dated 3/24/05 re: requesting an adjournment of the oral argument date. Oral Argument reset for 5/5/2005 at 11:00 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 4/1/05) (kw, ) (Entered: 04/05/2005)
03/23/200529ENDORSED LETTER addressed to Judge Daniels from Jerry L. Dasti dated 03/10/05 re: the oral argument is adjourned to April 20, 2005 at 10:00 a.m.. (Signed by Judge George B. Daniels on 3.22.05) (djc, ) (Entered: 03/25/2005)
03/18/2005 Set/Reset Hearings: Oral Argument set for 4/20/2005 10:00 AM before Judge George B. Daniels. (db, ) (Entered: 03/22/2005)
03/18/200528ENDORSED LETTER addressed to Judge George B. Daniels from Jerry L. Dasti dated 3/14/05 re: Application GRANTED. The argument scheduled for 4/19/05 be adjourned to 4/20/05 at 10:00 a.m. (Signed by Judge George B. Daniels on 3/18/05) (db, ) (Entered: 03/22/2005)
02/25/200527RULE 56.1 STATEMENT. Document filed by Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc., Dan Brown, Random House, Inc., Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc.. (McNamara, Elizabeth) (Entered: 02/25/2005)
02/25/200526AFFIDAVIT of Elizabeth A. McNamara in Support re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper.. Document filed by Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc., Dan Brown, Random House, Inc., Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc.. (McNamara, Elizabeth) (Entered: 02/25/2005)
02/25/200525 MEMORANDUM OF LAW in Support re: 24 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper.. Document filed by Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc., Dan Brown, Random House, Inc., Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc.. (McNamara, Elizabeth) (Entered: 02/25/2005)
02/25/200524 MOTION for Judgment on the Pleadings or, in the alternative, summary judgment on their declaratory claim, or such other further relief as the Court deems just and proper. Document filed by Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc., Dan Brown, Random House, Inc., Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc.. Responses due by 3/25/2005 (McNamara, Elizabeth) (Entered: 02/25/2005)
02/25/200523FILING ERROR-WRONG DOCUMENT TYPE SELECTED FROM MENU-NOTICE of Motion. Document filed by Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc., Dan Brown, Random House, Inc., Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc. (McNamara, Elizabeth) (Entered: 02/25/2005)
02/05/200522TRANSCRIPT of proceedings held on 1/11/2005 @ 10:00am before Judge George B. Daniels. (mbe, ) (Entered: 02/05/2005)
01/26/200521ENDORSED LETTER addressed to Judge George B. Daniels from James Rosenfeld dated 1/24/05 re: granting the parties joint request for an extension of the page limit to file memorandums of Law no larger than 40 pages. (Signed by Judge George B. Daniels on 1/26/05) (pl, ) (Entered: 01/27/2005)
01/24/200520STIPULATION; that the time for Counterclaim dfts. Columbia Pictures Industries, Inc., Sony Pictures Entertainment Inc, Sony Pictures Releasing Corp. and Imagine Films Entertainment, LLC, to move, answer or otherwise plead in response to the Answer with Counterclaims of dft. Lewis Perdue, is hereby adjourned from 1/12/05 to 2/25/05. (Signed by Judge George B. Daniels on 1/24/05) (pl, ) (Entered: 01/24/2005)
01/24/200519ENDORSED LETTER addressed to Judge George B. Daniels from Elizabeth A. McNamara dated 1/12/05 re: granting plaintiffs requests that the Civil Case Mgmt. Plan and Scheduling Order be amended to apply to all parties in this case. (Signed by Judge George B. Daniels on 1/24/05) (pl, ) (Entered: 01/24/2005)
01/11/2005 Set Deadlines/Hearings: Motions due by 2/25/2005. Replies due by 4/8/2005. Responses due by 3/25/2005 Oral Argument set for 4/19/2005 10:00 AM before Judge George B. Daniels. (db, ) (Entered: 01/21/2005)
01/11/2005 Minute Entry for proceedings held before Judge George B. Daniels : Interim Pretrial Conference held on 1/11/2005. Plaintiff's motion due 2/25/05, defendants response due 3/25/05, reply due 4/8/05; oral argument set for 4/19/05 at 10:00 a.m. (db, ) (Entered: 01/21/2005)
01/06/200518AMENDED ANSWER to 1 Complaint with JURY DEMAND., COUNTERCLAIM against Dan Brown, Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Random House, Inc., Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc., Dan Brown, Random House, Inc.. Document filed by Lewis Perdue. (David, Donald) (Entered: 01/06/2005)
01/06/200517STIPULATION AND ORDER; that time for plaintiffs Dan Brown and Random Houlse,Inc. to move, answer or otherwise plead in response to the Answer with Counterclaims of dft. Lewis Perdue, datd 12/20/04, is hereby adjourned to 2/25/05. (Signed by Judge George B. Daniels on 1/6/05) (pl, ) (Entered: 01/06/2005)
01/06/200516CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: Amended Pleadings due by 4/15/2005. Joinder of Parties due by 4/15/2005. Motions due by 10/26/2005. Discovery due by 6/10/2005. Case Management Conference set for 4/6/2005 10:00 AM before Judge George B. Daniels. Final Pretrial Conference set for 11/30/2005 10:00 AM before Judge George B. Daniels. Pretrial Order due by 11/2/2005. Ready for Trial by 12/7/2005. (Signed by Judge George B. Daniels on 1/6/05) (pl, ) (Entered: 01/06/2005)
01/05/200515AFFIDAVIT OF SERVICE of Summons and Answer with Counterclaims served on Imagine Films Entertainment LLC on 12/21/04. Service was accepted by Robin Ruse-Rinehart Barris, Senior Vice President. Document filed by Lewis Perdue. (Stern-Lipke, Anna) (Entered: 01/05/2005)
01/05/200514AFFIDAVIT OF SERVICE of Summons and Answer with Counterclaims served on Columbia Pictures Industries, Inc. on 12/21/04. Service was accepted by Mary Beth Osahi, authorized agent. Document filed by Lewis Perdue. (Stern-Lipke, Anna) (Entered: 01/05/2005)
01/05/200513AFFIDAVIT OF SERVICE of Summons and Answer with Counterclaims served on Sony Pictures Releasing Corporation on 12/22/04. Service was accepted by Norah Radler, authorized agent in the office of the Secretary of State of the State of New York. Document filed by Lewis Perdue. (Stern-Lipke, Anna) (Entered: 01/05/2005)
01/05/200512AFFIDAVIT OF SERVICE of Summons and Answer with Counterclaims served on Sony Pictures Releasing Corporation on 12/22/04. Service was accepted by Judy Carker, authorized agent at Prentice Hall Corporation Systems Inc., registered agent. Document filed by Lewis Perdue. (Stern-Lipke, Anna) (Entered: 01/05/2005)
01/05/200511AFFIDAVIT OF SERVICE of Summons and Answer with Counterclaims served on Sony Pictures Entertainment Inc. on 12/22/04. Service was accepted by Norah Radler, authorized agent in the office of the Secretary of State of the State of New York. Document filed by Lewis Perdue. (Stern-Lipke, Anna) (Entered: 01/05/2005)
01/05/200510AFFIDAVIT OF SERVICE of Summons and Answer with Counterclaims served on Sony Pictures Entertainment Inc. on 12/22/04. Service was accepted by Prentice-Hall Corporation Systems Inc., registered agent. Document filed by Lewis Perdue. (Stern-Lipke, Anna) (Entered: 01/05/2005)
12/21/20049ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Imagine Films Entertainment, LLC, Sony Pictures Releasing Corporation, Sony Pictures Entertainment Inc., Columbia Pictures Industries, Inc., Dan Brown, Random House, Inc.. Document filed by Lewis Perdue.(David, Donald) (Entered: 12/21/2004)
12/10/2004 Set Answer Due Date purs. to 8 Order as to Lewis Perdue answer due on 12/20/2004. (jp, ) (Entered: 12/13/2004)
12/10/20048ORDER; that defts time to answer or move with respect to the complaint in this action is extended to and including 12/20/2004. (Signed by Judge George B. Daniels on 12/9/2004) (jp, ) (Entered: 12/13/2004)
12/09/2004 Set Answer Due Date purs. to 7 Stipulation and Order as to Random House, Inc. answer due on 12/20/2004. (pl, ) (Entered: 12/10/2004)
12/09/20047STIPULATION AND ORDER; that the dfts time to answer the complaint and/or otherwise move in this action is extended to 12/20/04. (Signed by Judge George B. Daniels on 12/9/04) (pl, ) (Entered: 12/10/2004)
11/17/2004 Set/Reset Scheduling Order Deadlines: Initial Pretrial Conference set for 1/11/2005 09:30 AM before Judge George B. Daniels. (pl, ) (Entered: 11/18/2004)
11/17/2004 Set Answer Due Date purs. to 6 Endorsed Letter, as to Lewis Perdue answer due on 12/6/2004. (pl, ) (Entered: 11/18/2004)
11/17/20046ENDORSED LETTER addressed to Judge George B. Daniels from Lewis Perdue dated 11/12/04 re: granting dfts request that dfts time to respond to the complaint is extended to 12/6/04 and the Initial Pretrial Conference is extended to 1/11/05 @9:30 a.m.. (Signed by Judge George B. Daniels on 11/17/04) (pl, ) (Entered: 11/18/2004)
10/12/2004 Set Answer Due Date purs. to 5 Stipulation and Order as to Lewis Perdue answer due on 11/22/2004. (kw, ) (Entered: 10/13/2004)
10/12/20045STIPULATION AND ORDER: defendant's time to respond to the complaint is extended to 11/22/04. (Signed by Judge George B. Daniels on 10/8/04) (kw, ) (Entered: 10/13/2004)
09/27/20044AFFIDAVIT OF SERVICE. Lewis Perdue served on 9/17/2004, answer due 10/7/2004. Service was accepted by Lewis Perdue. Document filed by Dan Brown. (McNamara, Elizabeth) (Entered: 09/27/2004)
09/22/20043INITIAL PRETRIAL CONFERENCE: counsel are directed to appear for a pretrial conference on 12/8/04 at 9:30 a.m. in courtroom 618, 40 Foley Square, New York, NY. (Signed by Judge George B. Daniels on 9/21/04) (kw, ) (Entered: 09/22/2004)
09/17/2004 Case Designated ECF. (gf, ) (Entered: 09/20/2004)
09/17/2004 Magistrate Judge Kevin N. Fox is so designated. (gf, ) (Entered: 09/20/2004)
09/17/20042RULE 7.1 DISCLOSURE STATEMENT. Document filed by Random House, Inc..(gf, ) Additional attachment(s) added on 1/12/2005 (gf, ). (Entered: 09/20/2004)
09/17/2004 SUMMONS ISSUED as to Lewis Perdue. (gf, ) (Entered: 09/20/2004)
09/17/20041COMPLAINT against Lewis Perdue. (Filing Fee $ 150.00, Receipt Number 519984)Document filed by Dan Brown, Random House, Inc..(gf, ) Additional attachment(s) added on 1/12/2005 (gf, ). (Entered: 09/20/2004)



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04/12/2005 12:00:10
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Description:Docket ReportSearch Criteria:1:04-cv-07417-GBD
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