Ermert v. Newsweek Media Group, Inc.

Summary

Falco Ermert sued Newsweek Media Group for copyright infringement in the Southern District of New York. The lawsuit centers on alleged unauthorized use of Ermert's copyrighted work. The case tests whether Newsweek's use of the material constitutes fair use or infringing reproduction.

Summary generated by AI from public docket data. Verify against the original filing before relying on it.

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Cause

17:101 Copyright Infringement

Entities in this case

Parties

Falco Ermert (plaintiff) Newsweek Media Group, Inc. (defendant)

Docket entries

1. #212020-10-06

   ORDER OF DISMISSAL. The Court has been informed that the parties have reached a settlement in principle in this case. Accordingly, it is ORDERED that this action is hereby DISMISSED and discontinued without costs, and without prejudice to the right to reopen the action within thirty days of the date of this Order if the settlement is not consummated. Any application to reopen must be filed by the aforementioned deadline, and any application to reopen filed thereafter may be denied solely on that basis. If the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court by the deadline to reopen to be "so ordered" by the Court. Per 3.G of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any pending motions are moot. All conferences are canceled. The Clerk of Court is respectfully directed to close the case. SO ORDERED. Newsweek Media Group, Inc. terminated. (Signed by Judge John Peter Cronan on 10/6/2020) (rjm) (Entered: 10/06/2020)

2. #202020-10-05

   NOTICE of Settlement . Document filed by Falco Ermert..(Liebowitz, Richard) (Entered: 10/05/2020)

3. #192020-10-02

   NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. The conference scheduled for January 29, 2021 at 3:00 p.m. shall take place as scheduled. In light of the ongoing COVID-19 pandemic, the Court will conduct the conference by teleconference. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. Absent leave of Court obtained by letter-motion filed before the conference, all pretrial conferences must be attended by the attorney who will serve as principal trial counsel. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter, described below, updating the Court on the status of the case. The joint letter shall not exceed five (5) pages, and shall provide the following information, to the extent it is relevant, in separate paragraphs: and further set forth in this Order. ( Telephone Conference set for 1/29/2021 at 03:00 PM before Judge John Peter Cronan.) (Signed by Judge John Peter Cronan on 10/2/2020) (rro) (Entered: 10/02/2020)

4. 2020-09-30

   Notice of Case Assignment/Reassignment

5. 2020-09-29

   NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Alison J. Nathan is no longer assigned to the case. (aea)

6. #182020-09-11

   ORDER re: 15 Order Referring Case to Magistrate Judge. By Order of Reference dated September 10, 2020 (Dkt. No. 15), Judge Nathan referred this case to me for settlement. The parties are directed to advise the Court within 30 days when they wish to schedule a settlement conference. The parties should do so by filing a letter-motion on the docket that indicates at least three dates that are mutually convenient for the parties. Alternatively, counsel are free to e-mail my deputy clerk, David Tam, at David_Tam@nysd.uscourts.gov to find a mutually convenient date for the parties and the Court. In light of the COVID-19 pandemic, any settlement conference in the foreseeable future will likely be conducted telephonically. Using the Court's conference line system, the Court will begin the settlement conference in joint session with all parties on the line before breaking into private session and speaking to the parties individually, as the technology the Court is using can facilitate breakout sessions with each side. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 9/11/2020) (kv) (Entered: 09/11/2020)

7. #172020-09-10

   CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial pursuant to 28 U.S.C. 636(c). Fact Discovery due by 1/8/2021. Depositions shall be completed by 1/8/2021. All expert discovery, including disclosure of expert reports, production of underlying documents, and depositions shall be completed by 2/19/2021. The parties shall be ready for trial within two weeks of filing the Joint Pretrial Report. This case is to be tried to a jury, and as further specified and set forth in this Civil Case Management Plan and Scheduling Order. The next Case Management Conference set for 1/29/2021 at 03:15 PM before Judge Alison J. Nathan. So ordered. (Signed by Judge Alison J. Nathan on 9/8/2020) (rjm) (Entered: 09/10/2020)

8. #162020-09-10

   MEMO ENDORSEMENT on re: 14 Rule 26(f) Discovery Plan Report filed by Falco Ermert. ENDORSEMENT: The Initial Pretrial Conference scheduled for September 11, 2020, is adjourned sine die. The Court will enter the parties' proposed Case Management Plan. So Ordered. (Signed by Judge Alison J. Nathan on 9/10/20) (yv) (Entered: 09/10/2020)

9. #152020-09-10

   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 James L. Cott. (Signed by Judge Alison J. Nathan on 9/10/2020) (cf) (Entered: 09/10/2020)

10. #142020-09-04

    RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Falco Ermert. (Attachments: # 1 Joint Letter).(Liebowitz, Richard) (Entered: 09/04/2020)

11. #132020-09-02

    ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Counsel should submit their proposed case management plan and joint letter seven days prior to the scheduled conference, as directed in the Court's Notice of Initial Pretrial Conference. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, albeit perhaps at a different time than the currently scheduled time. To that end, counsel should indicate in their joint letter all times on the date of the scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/01/2020) (ama) (Entered: 09/02/2020)

12. 2020-07-15

    Set/Reset Deadlines: Newsweek Media Group, Inc. answer due 8/6/2020. (rjm)

13. 2020-06-12

    Notice to Attorney to Submit AO 120 Form/AO 121 Form

14. 2020-06-12

    Notice to Attorney to Submit/File Civil Cover Sheet

15. 2020-06-12

    Case Opening Initial Assignment Notice

16. 2020-06-12

    ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Richard Liebowitz. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pne)

17. 2020-06-12

    Case Designated ECF. (pne)

18. 2020-06-12

    ***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Richard Liebowitz to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (pne)

19. 2020-06-12

    CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions..(pne)

20. 2020-06-12

    Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)

Docket history from CourtListener/RECAP — most recent first.