Case details

Court: nysd
Docket #: 1:09-cv-01895
Case Name: Getty Images (US), Inc. v. Advernet, Inc.
PACER case #: 341399
Date filed: 2009-03-02
Date terminated: 2011-06-30
Date of last filing: 2011-11-22
Assigned to: Magistrate Judge Kevin Nathaniel Fox
Case Cause: 28:1338 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Getty Images (US), Inc.
Plaintiff
Roberto Clemente Carrillo
Satterlee Stephens Burke & Burke LLP 230 Park Avenue New York, NY 10169 (212)818-9200 Email: rcarrillo@ssbb.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Mario Aieta
Satterlee Stephens Burke & Burke LLP 230 Park Avenue New York, NY 10169 (212) 8198-9200 Fax: (212) 818-9606 Email: maieta@ssbb.com
ATTORNEY TO BE NOTICED

Michael Simeon Delehanty
Smith Dehn LLP 381 Park Avenue South 7th Floor New York, NY 10016 (212) 370-1843 Fax: (646) 417-7974 Email: mdelehanty@smithdehn.com
ATTORNEY TO BE NOTICED

Advernet, Inc.
Defendant
formerly known asVR Marketing, Inc.
Oscar Michelen
Sandback, Birnbaum & Michelen 200 Old Country Road Mineola, NY 11501 (516)-248-8000 Fax: (516)-741-9398 Email: oscarm@optonline.net
TERMINATED: 05/19/2010

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-03-02 1 0 Complaint COMPLAINT against Advernet, Inc. (Filing Fee $ 350.00, Receipt Number 680080)Document filed by Getty Images (US), Inc.(ama) (Entered: 03/04/2009) 2011-08-10 12:55:39 982af7767dca46a33886507953c762f3cdb11a82
2009-03-02 2 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Getty Images (US), Inc.(ama) (Entered: 03/04/2009)
2009-03-16 3 0 Summons Returned Executed SUMMONS RETURNED EXECUTED. Getty Images (US), Inc. served on 3/9/2009, answer due 3/30/2009. Service was accepted by Scott Ekster, Registered Agent. Document filed by Getty Images (US), Inc.. (Attachments: # 1 Affidavit of Service)(Aieta, Mario) (Entered: 03/16/2009)
2009-04-23 4 0 Notice of Appearance NOTICE OF APPEARANCE by Oscar Michelen on behalf of Advernet, Inc. (Michelen, Oscar) (Entered: 04/23/2009)
2009-04-23 5 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Advernet, Inc..(Michelen, Oscar) (Entered: 04/23/2009)
2009-04-23 6 0 Motion to Dismiss MOTION to Dismiss the complaint for lack of subject matter jurisdiction and for failure to state a cause of action. Document filed by Advernet, Inc.. Return Date set for 5/19/2009 at 09:30 AM.(Michelen, Oscar) (Entered: 04/23/2009)
2009-04-23 7 0 Affirmation in Support of Motion AFFIRMATION of Oscar Michelen in Support re: 6 MOTION to Dismiss the complaint for lack of subject matter jurisdiction and for failure to state a cause of action.. Document filed by Advernet, Inc.. (Attachments: # 1 Exhibit plaintiff's complaint)(Michelen, Oscar) (Entered: 04/23/2009)
2009-04-23 8 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 6 MOTION to Dismiss the complaint for lack of subject matter jurisdiction and for failure to state a cause of action.. Document filed by Advernet, Inc.. (Michelen, Oscar) (Entered: 04/23/2009)
2009-05-12 9 0 Stipulation and Order STIPULATION; the the return date for dft. Advernet Inc.'s motion to dismiss Complaint, is adjourned from 5/19/09 to 5/26/09. that the time for plaintiffs to serve their opposition papers to defendants' motion is adjourned from May 7, 2009 to May 14, 2009. (Signed by Judge Deborah A. Batts on 5/12/09) (pl) (Entered: 05/13/2009)
2009-05-28 10 0 Stipulation and Order STIPULATION: The return date for defendant Advernet Inc.'s Motion To Dismiss Complaint is adjourned from June 9, 2009 to July 7, 2009. The time for plaintiffs to serve their opposition papers to defendants' motion is adjourned from May 28, 2009 to June 25, 2009. (Signed by Judge Deborah A. Batts on 5/28/09) (db) (Entered: 05/28/2009)
2009-07-06 11 0 Stipulation and Order STIPULATION WITHDRAWING EXTENDING TIME TO ANSWER; (1 )That the time for the defendant ADVERNET, INC. f/k/a VR MARKETING, INC., to interpose an answer to the complaint of plaintiff in this matter is hereby extended up to and including July 10, 2009; (2) That the defendant's motion for dismissal of the complaint is hereby withdrawn. SO ORDERED. (Signed by Judge Deborah A. Batts on 7/6/2009) (tve) (Entered: 07/06/2009)
2009-07-10 12 0 Rule 7.1 Corporate Disclosure Statement RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Advernet, Inc..(Michelen, Oscar) (Entered: 07/10/2009)
2009-07-10 13 0 Answer to Complaint ANSWER to Complaint. Document filed by Advernet, Inc..(Michelen, Oscar) (Entered: 07/10/2009) 2012-02-17 03:36:54 8b9d23801185b394788d975d212c66610a6c68fb
2009-08-19 14 0 Rule 26(f) Discovery Plan Report RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Getty Images (US), Inc..(Aieta, Mario) (Entered: 08/19/2009) 2012-07-31 11:00:17 ea1bb87c13061a46cd52e747de33d5ebb294eae1
2009-09-09 15 0 Order Referring Case to Magistrate Judge 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 Deborah A. Batts on 9/4/2009) (jmi) (Entered: 09/10/2009)
2009-09-09 16 0 Scheduling Order SCHEDULING ORDER: Trial: Estimated trial time is 2 days. Non-Jury. Referred to Judge Fox for settlement purposes. SO ORDERED (Signed by Judge Deborah A. Batts on 9/4/2009) (jmi) (Entered: 09/10/2009)
2009-09-21 17 0 Order ORDER: A settlement conference shall be held in the above-captioned action on October 27,2009, at 10:30 a.m., in courtroom 20A, 500 Pearl St., New York, New York; the parties shall review the Settlement Procedures under which the conference will be conducted, in particular the attendance and pre-conference submission requirements specified in paragraphs three and six of the Procedures. The Procedures are being provided to the parties with a copy of this order; and at least seven days prior to the above-noted settlement conference, the parties shall confer, in person or by telephone, to engage in good-faith settlement negotiations. Should the parties resolve the litigation prior to the settlement conference, the parties shall notify the undersigned, in writing, expeditiously. (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/21/2009) (jpo) (Entered: 09/22/2009)
2010-01-15 18 0 Order Referring Case to Magistrate Judge ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Deborah A. Batts on 1/15/2010) (jfe) (Entered: 01/15/2010)
2010-01-15 19 0 Consent to Jurisdiction by US Magistrate Judge CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Advernet, Inc. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Kevin Nathaniel Fox. (Signed by Judge Deborah A. Batts on 1/15/2010) (tve) (Entered: 01/15/2010)
2010-01-21 20 0 Order ORDER. IT IS HEREBY ORDERED that a telephonic conference be held in the above-captioned action on January 26, 2010, at 2:30 p.m. The telephonic conference shall be initiated by counsel to the plaintiff to (212) 805-6705. (Telephone Conference set for 1/26/2010 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/21/10) (rjm) (Entered: 01/22/2010)
2010-01-27 21 0 Order ORDER, 1. all discovery, of whatever nature, shall be initiated so as to be completed on or before March 26, 2010; and 2. a telephonic status conference will be held with the parties on March 9, 2010, at 11 :30 a.m. Counsel to the plaintiff shall initiate the telephonic conference on that date. (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/26/10) (pl) (Entered: 01/27/2010)
2010-04-14 22 0 Order ORDER: Telephone Conference set for 4/19/2010 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/14/2010) (tve) (Entered: 04/14/2010)
2010-04-23 23 0 Motion to Withdraw as Attorney MOTION for Oscar Michelen to Withdraw as Attorney. Document filed by Advernet, Inc.. Return Date set for 6/2/2010 at 09:30 AM.(Michelen, Oscar) (Entered: 04/23/2010)
2010-04-23 24 0 Affidavit in Support of Motion AFFIDAVIT of Oscar Michelen in Support re: 23 MOTION for Oscar Michelen to Withdraw as Attorney.. Document filed by Advernet, Inc.. (Attachments: # 1 Exhibit Retainer Agreement, # 2 Exhibit Bank Balance)(Michelen, Oscar) (Entered: 04/23/2010)
2010-05-19 25 0 Order on Motion to Withdraw as Attorney ORDER: It is hereby ordered that Mr. Michelen's Local Civil Rule 1.4 application, to be relieved of the obligation of continuing to represent the defendant, Docket Entry No. 23, is granted. Inasmuch as the defendant is a corporate entity and, therefore, cannot proceed in the action pro se, it shall engage new counsel on or before June 1, 2010, and have its new counsel file, with the Clerk of Court, a notice of appearance on behalf of the defendant. A telephonic status conference will be held with the parties on June 7, 2010, at 10:15 a.m. Counsel to the plaintiff shall initiate the telephonic conference on that date. Mr. Michelen is directed to serve a copy of this order on the defendant expeditiously and to file proof of service with the Clerk of Court. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/19/2010) (jpo) (Entered: 05/19/2010)
2010-06-07 26 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Order on Motion served on Advernet, Inc. on May 21, 2010. Service was made by Mail. Document filed by Advernet, Inc.. (Michelen, Oscar) (Entered: 06/07/2010)
2010-06-23 27 0 Motion for Default Judgment MOTION for Default Judgment as to. Document filed by Getty Images (US), Inc..(Aieta, Mario) (Entered: 06/23/2010)
2010-06-23 28 0 Declaration in Support of Motion DECLARATION of Mario Aieta in Support re: 27 MOTION for Default Judgment as to.. Document filed by Getty Images (US), Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Text of Proposed Order Clerk's Certificate)(Aieta, Mario) (Entered: 06/23/2010)
2010-06-23 29 0 Declaration in Support of Motion DECLARATION of Lisa Willmer in Support re: 27 MOTION for Default Judgment as to.. Document filed by Getty Images (US), Inc.. (Attachments: # 1 Exhibit A)(Aieta, Mario) (Entered: 06/23/2010)
2010-06-23 30 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 27 MOTION for Default Judgment as to.. Document filed by Getty Images (US), Inc.. (Aieta, Mario) (Entered: 06/23/2010)
2010-06-23 31 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Plaintiffs Motion For Default Judgment Against Advernet, Inc., Declaration of Mario Aieta in Support of Plaintiffs Motion for Default, Declaration of Lisa Willmer in Support of Plaintiffs Motion for Default and Memorandum of Law in Support of Plaintiffs Motion for Default Judgment Against Advernet, Inc. served on Advernet Inc. on June 23, 2010. Service was made by Mail. Document filed by Getty Images (US), Inc.. (Aieta, Mario) (Entered: 06/23/2010)
2010-10-08 32 0 Order ORDER re 6/23/10 plaintiff application for default judgment against the defendant: On or before 10/15/10, the plaintiff is directed to file and serve, on the defendant, the certificate of the Clerk of Court acknowledging the defendant's default pursuant to FRCP 55(a). (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/8/10) (cd) (Entered: 10/12/2010)
2010-10-13 33 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Clerk's Certificate served on Advernet Inc. c/o Scott Ekster, President on 10/12/2010. Service was made by Mail. Document filed by Getty Images (US), Inc.. (Aieta, Mario) (Entered: 10/13/2010)
2010-11-02 34 0 Order ORDER the Clerk of Court is directed to enter the defendant's default on the docket sheet maintained in this action. The plaintiff shall submit to the Court, on or before 11/12/10, proof of service on the defendant of a copy of (i) the Clerk's Certificate noting the default, and as further set forth in this document.Motion to set aside the default due by 12/2/2010. Response due by 12/16/2010. Reply due by 12/30/2010. If the defendant does not challenge the entry of default, by making a motion pursuant to FRCP 55(c), the plaintiff is granted leave until 12/9/10, to file its motion for entry of a judgment by default, pursuant to FRCP 55(b)(2). (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/2/10) (cd) (Entered: 11/02/2010)
2010-11-02 35 0 Order on Motion for Default Judgment MEMORANDUM AND ORDER denying without prejudice 27 Motion for Default Judgment. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/2/10) (cd) (Entered: 11/02/2010)
2010-11-02 36 0 Notice of Entry of Default NOTICE OF ENTRY OF DEFAULT (Clerk's Certificate) as to Advernet, Inc., f/n/a VR Marketing, Inc. Default entered. (ml) (Entered: 11/02/2010)
2010-11-11 37 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Clerk's Certificate of Default, Docket Sheet, and Memorandum and Order served on Advernet Inc. on 11/11/10. Service was made by Mail. Document filed by Getty Images (US), Inc.. (Attachments: # 1 Exhibit Clerk's Certificate noting default, # 2 Exhibit Docket Sheet reflecting Clerk's entry of default, # 3 Exhibit Memorandum and Order of November 2, 2010)(Aieta, Mario) (Entered: 11/11/2010)
2010-12-09 38 0 Notice of Appearance NOTICE OF APPEARANCE by Michael Simeon Delehanty on behalf of Getty Images (US), Inc. (Delehanty, Michael) (Entered: 12/09/2010)
2010-12-09 39 0 Motion for Default Judgment MOTION for Default Judgment as to Defendant Advernet, Inc. f/k/a VR Marketing. Document filed by Getty Images (US), Inc.. (Attachments: # 1 Text of Proposed Order)(Delehanty, Michael) (Entered: 12/09/2010)
2010-12-09 40 0 Declaration in Support of Motion DECLARATION of Michael S. Delehanty in Support re: 39 MOTION for Default Judgment as to Defendant Advernet, Inc. f/k/a VR Marketing.. Document filed by Getty Images (US), Inc.. (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)(Delehanty, Michael) (Entered: 12/09/2010)
2010-12-09 41 0 Declaration in Support of Motion DECLARATION of Lisa Willmer in Support re: 39 MOTION for Default Judgment as to Defendant Advernet, Inc. f/k/a VR Marketing.. Document filed by Getty Images (US), Inc.. (Attachments: # 1 Exhibit A)(Delehanty, Michael) (Entered: 12/09/2010)
2010-12-09 42 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 39 MOTION for Default Judgment as to Defendant Advernet, Inc. f/k/a VR Marketing.. Document filed by Getty Images (US), Inc.. (Delehanty, Michael) (Entered: 12/09/2010)
2010-12-09 43 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Notice of Motion for Default Judgment and Supporting Documents served on Advernet, Inc., f/k/a/ VR Marketing, Inc. on 12/9/2010. Service was made by Mail. Document filed by Getty Images (US), Inc.. (Delehanty, Michael) (Entered: 12/09/2010)
2010-12-16 44 0 Order ORDER: On January 11, 2011, at 2:30 PM, in Courtroom 20A, 500 Pearl Street, New York, New York 10007, an inquest hearing will be conducted, pursuant to Rule 55(b)(2), in connection with the plaintiffs application for judgment by default,as set forth in this Order. The plaintiff is directed to serve the defendant with a copy of this order and file an affidavit of service with the court, on or before December 23, 2010. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/16/2010) Copies Mailed By Chambers. (jpo) (Entered: 12/16/2010)
2010-12-22 45 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Order of Magistrate Judge Fox dated December 16, 2010 served on Advernet Inc., f/k/a VR MARKETING, INC. on 12/22/2010. Service was made by Mail. Document filed by Getty Images (US), Inc.. (Attachments: # 1 Exhibit Order of U.S. Magistrate Judge Fox dated December 16, 2010)(Delehanty, Michael) (Entered: 12/22/2010)
2011-01-03 46 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Mario Aieta, dated 12/22/2010, re: We represent Plaintiff, Getty Images (US) Inc., in this case. By order dated December 16, 2010, Your Honor directed that an inquest hearing take place on January 11, 2011. Unfortunately, I am scheduled to be on vacation from January 10 to January 16 and to be in London for depositions on January 19, 20 and 21. Therefore, I respectfully request a two week adjournment of the inquest hearing, to January 28, or to any day thereafter that is convenient for the Court. ENDORSEMENT: The hearing shall be held on February 1, 2011, at 2:30 p.m., in Courtroom 20A. The plaintiff shall serve a copy of this Memorandum Endorsement on the defendant. SO ORDERED. (Inquest Hearing set for 2/1/2011 at 02:30 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Kevin Nathaniel Fox) (Signed by Magistrate Judge Kevin Nathaniel Fox on 1/3/2011) (lnl) (Purs. to Chambers request, Main Document 46 replaced on 1/3/2011 to reflect new hrg. date & NEF Re-generated to parties) (lnl). (Entered: 01/03/2011)
2011-01-20 47 0 Affidavit of Service Other AFFIDAVIT OF SERVICE of Memo Endorsed letter from Mario Aieta to Magistrate Judge Fox dated 12/22/2010; Magistrate Judge Fox Ordered on 1/3/2011 that Inquest Hearing will take place on 2/1/2011 served on Advernet, Inc., f/k/a VR Marketing, Inc. on 1/19/2011. Service was made by Mail. Document filed by Getty Images (US), Inc.. (Delehanty, Michael) (Entered: 01/20/2011)
2011-02-04 48 0 Endorsed Letter ENDORSED LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Mario Aieta dated 2/2/2011 re: Counsel for the Plaintiff writes to enclose Plaintiff's Exhibits 8 and 9, which were not available in hard copy during the hearing. Counsel would also like to clarify that Plaintiff's Exhibit 5 ("Shopping Cart") was, in fact, a redacted version. We request permission to submit a post-hearing brief summarizing the evidence supporting plaintiffs request for damages and addressing the issue of pre-judgment interest on any award of damages made by the court. ENDORSEMENT: Application granted. On or before 2/18/2011, the plaintiff shall file its post-hearing brief. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/4/2011) (ab) (Entered: 02/04/2011) 2012-04-30 03:45:12 07540015a853daaa144b6de1390f7ba0864fae8f
2011-02-18 49 0 Transcript TRANSCRIPT of proceedings held on February 1, 2011 2:55 p.m. before Magistrate Judge Kevin Nathaniel Fox. (ajc) (Entered: 02/18/2011)
2011-02-18 50 0 Brief BRIEF Post Inquest Hearing on Damages. Document filed by Advernet, Inc..(Aieta, Mario) (Entered: 02/18/2011)
2011-04-08 51 0 Order ORDER: The Court finds that the irrelevant material in exhibit No.5 had already been excised, at the time it was offered for admission into evidence, and that exhibit No.9 satisfies the requirements of Fed. R. Evid. 803(6) and may be received in evidence as a business record. Therefore, the plaintiffs exhibit Nos. 5 and 9 are received in evidence. (Signed by Magistrate Judge Kevin Nathaniel Fox on 4/8/2011) (ae) Modified on 5/6/2011 (ae). (Entered: 05/04/2011)
2011-06-30 52 0 Order on Motion for Default Judgment MEMORANDUM AND ORDER For the foregoing reasons, the plaintiff's motion for judgment, by default, pursuant to Fed. R. Civ. P. 55(b)(2), Docket Entry No. 39, is denied, and the action is dismissed with prejudice. (denying 39 Motion for Default Judgment); (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/29/11) (djc) (Entered: 06/30/2011) 2011-08-10 13:14:09 21fb557a7cd7e2cee2c72adef0381cd5008bd646
2011-06-30 53 0 Clerk's Judgment CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum and Order dated June 29, 2011, plaintiffs motion for judgment, by default, pursuant to Fed. R. Civ. P. 55(b)(2), is denied, and the action is dismissed with prejudice. (Signed by Clerk of Court Ruby Krajick on 6/30/11) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 06/30/2011)
2011-07-14 54 0 Motion for Reconsideration MOTION for Reconsideration re; 52 Order on Motion for Default Judgment,. Document filed by Getty Images (US), Inc..(Aieta, Mario) (Entered: 07/14/2011)
2011-07-14 55 0 Memorandum of Law in Support of Motion MEMORANDUM OF LAW in Support re: 54 MOTION for Reconsideration re; 52 Order on Motion for Default Judgment,.. Document filed by Getty Images (US), Inc.. (Aieta, Mario) (Entered: 07/14/2011) 2011-12-14 12:33:28 eae9303bf49cf9a9c8ec2c6862f95b5ae654e53e
2011-11-22 56 0 Order on Motion for Reconsideration MEMORANDUM AND ORDER: The plaintiff's motion for reconsideration, made pursuant to Local Civil Rule 6.3 of this court, Docket Entry No. 54, is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 11/22/2011) (rdz) (Entered: 11/23/2011)