United States Government Publishing Office
publisher
pbl
distributor
dst
United States
United States District Court Eastern District of New York
author
aut
Government Organization
text
government publication
eng
USCOURTS
Judicial Publications
judicial
2021-05-12
Administrative Office of the United States Courts
2018-03-30
monographic
deposited
born digital
JU 4.15
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814
P0b002ee1adf2cc71
DGPO
2021-05-12
2021-05-12
USCOURTS-nyed-1_13-cv-02814
machine generated
eng
fdlp
USCOURTS
USCOURTS-nyed-1_13-cv-02814
District
nyed
2nd
New York
2351
1:13-cv-02814
Brooklyn
civil
820
Copyright
17:101 Copyright Infringement
Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al
1:13-cv-02814
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814
JU 4.15
1:13-cv-02814;13-2814
United States District Court Eastern District of New York
2nd Circuit
Brooklyn
U.S. Courts
author
aut
Andrzej Czuj
Czuj
Andrzej
Defendant
Janusz Czuj
Czuj
Janusz
Defendant
Polska Gazeta
Polska Gazeta
Defendant
Presspublica SP. Z O.O.
Presspublica SP. Z O.O.
Plaintiff
Repropol-Polish Association of Publishers
Repropol-Polish Association of Publishers
Plaintiff
Spring Publishing Corp.
Spring Publishing Corp.
Defendant
Super Express USA Publishing Corp.
Super Express USA Publishing Corp.
Plaintiff
USCOURTS
USCOURTS-nyed-1_13-cv-02814
District
nyed
2nd
New York
2351
1:13-cv-02814
Brooklyn
civil
820
Copyright
17:101 Copyright Infringement
New York
Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al
ORDER granting in part and denying in part 65 Motion for Summary Judgment -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Plaintiff Repropol is dismissed from this case for lack of standing to proceed. In addition, Plaintiffs' motion for summary judgment is granted as to their copyright infringement claim and otherwise is denied. The parties are directed to contact U.S. Magistrate Judge James Orenstein's chambers within two weeks of the date of this Opinion and Order to schedule a settlement conference. If settlement discussions are unsuccessful, within fourteen (14) days of the final settlement conference, Plaintiffs shall file their motion for damages, which must include at least the following: (i) a chart, listing each instance of alleged copyright infringement; (ii) the exact amount of damages Plaintiffs seek; and (iii) case law supporting Plaintiffs' damages request. The chart shall be accompanied by: (a) a declaration or declarations authenticating Plaintiffs ownership over each work and providing the legal and factual basis for the ownership claim; and (b) copies of, or the internet location of, each of Plaintiffs' works, and copies of, or the internet location of, the corresponding infringing articles from Polska Gazeta. Within thirty (30) days of the final settlement conference, if settlement is unsuccessful, the parties must submit for the district judge's approval their Joint Pretrial Order. The Clerk of the Court is directed to terminate Plaintiff Repropol on the caption in this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/24/2017. (Irizarry, Dora)
0
2017-03-24
D09002ee1adff7f61
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-0
nyed-1_13-cv-02814_0.pdf
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-0
https://www.govinfo.gov/content/pkg/USCOURTS-nyed-1_13-cv-02814/pdf/USCOURTS-nyed-1_13-cv-02814-0.pdf
USCOURTS 1:13-cv-02814; Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al;
United States District Court Eastern District of New York
New York
USCOURTS-nyed-1_13-cv-02814-0
0
2017-03-24
ORDER granting in part and denying in part 65 Motion for Summary Judgment -- For the reasons set forth in the ATTACHED WRITTEN OPINION AND ORDER, Plaintiff Repropol is dismissed from this case for lack of standing to proceed. In addition, Plaintiffs' motion for summary judgment is granted as to their copyright infringement claim and otherwise is denied. The parties are directed to contact U.S. Magistrate Judge James Orenstein's chambers within two weeks of the date of this Opinion and Order to schedule a settlement conference. If settlement discussions are unsuccessful, within fourteen (14) days of the final settlement conference, Plaintiffs shall file their motion for damages, which must include at least the following: (i) a chart, listing each instance of alleged copyright infringement; (ii) the exact amount of damages Plaintiffs seek; and (iii) case law supporting Plaintiffs' damages request. The chart shall be accompanied by: (a) a declaration or declarations authenticating Plaintiffs ownership over each work and providing the legal and factual basis for the ownership claim; and (b) copies of, or the internet location of, each of Plaintiffs' works, and copies of, or the internet location of, the corresponding infringing articles from Polska Gazeta. Within thirty (30) days of the final settlement conference, if settlement is unsuccessful, the parties must submit for the district judge's approval their Joint Pretrial Order. The Clerk of the Court is directed to terminate Plaintiff Repropol on the caption in this case. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/24/2017. (Irizarry, Dora)
Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al
REPORT AND RECOMMENDATIONS re 75 MOTION for Damages in Response to order [doc 72] filed by Presspublica SP. Z O.O., Super Express USA Publishing Corp., 54 Notice of MOTION for Default Judgment and Damages filed by Repropol-Polish Association of Publishers, Presspublica SP. Z O.O., Super Express USA Publishing Corp. For the reasons set forth in the attached document, I respectfully recommend that the court grant a default judgment against defendant Spring Publishing Corp. on the plaintiffs' copyright claim, enter judgment against both remaining defendants jointly and severally in the total amount of $155,250 (reflecting the minimum statutory award of $750 for each of the 207 infringing articles as to which the plaintiffs have sufficiently demonstrated their ownership), dismiss all of the plaintiffs' remaining claims, and close this case. Any objections to this Report and Recommendation must be filed no later than March 12, 2018. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 2/23/2018. (Orenstein, James)
1
2018-02-23
D09002ee1adff7e17
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-1
nyed-1_13-cv-02814_1.pdf
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-1
https://www.govinfo.gov/content/pkg/USCOURTS-nyed-1_13-cv-02814/pdf/USCOURTS-nyed-1_13-cv-02814-1.pdf
USCOURTS 1:13-cv-02814; Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al;
United States District Court Eastern District of New York
New York
USCOURTS-nyed-1_13-cv-02814-1
1
2018-02-23
REPORT AND RECOMMENDATIONS re 75 MOTION for Damages in Response to order [doc 72] filed by Presspublica SP. Z O.O., Super Express USA Publishing Corp., 54 Notice of MOTION for Default Judgment and Damages filed by Repropol-Polish Association of Publishers, Presspublica SP. Z O.O., Super Express USA Publishing Corp. For the reasons set forth in the attached document, I respectfully recommend that the court grant a default judgment against defendant Spring Publishing Corp. on the plaintiffs' copyright claim, enter judgment against both remaining defendants jointly and severally in the total amount of $155,250 (reflecting the minimum statutory award of $750 for each of the 207 infringing articles as to which the plaintiffs have sufficiently demonstrated their ownership), dismiss all of the plaintiffs' remaining claims, and close this case. Any objections to this Report and Recommendation must be filed no later than March 12, 2018. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 2/23/2018. (Orenstein, James)
Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al
ORDER denying 85 Motion for Sanctions. For the reasons set forth in the attached document, I deny the plaintiffs' motion for sanctions. Ordered by Magistrate Judge James Orenstein on 2/23/2018. (Orenstein, James)
2
2018-02-23
D09002ee1adff7e19
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-2
nyed-1_13-cv-02814_2.pdf
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-2
https://www.govinfo.gov/content/pkg/USCOURTS-nyed-1_13-cv-02814/pdf/USCOURTS-nyed-1_13-cv-02814-2.pdf
USCOURTS 1:13-cv-02814; Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al;
United States District Court Eastern District of New York
New York
USCOURTS-nyed-1_13-cv-02814-2
2
2018-02-23
ORDER denying 85 Motion for Sanctions. For the reasons set forth in the attached document, I deny the plaintiffs' motion for sanctions. Ordered by Magistrate Judge James Orenstein on 2/23/2018. (Orenstein, James)
Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al
ORDER granting 54 Motion for Default Judgment; denying 75 Motion for Damages; adopting in part Report and Recommendations as to 88 Report and Recommendations -- On February 23, 2018, the Hon. James Orenstein, U.S.M.J., issued a Report and Recommendations ("R & R") on Plaintiffs' motions for default judgment against defendant Spring Publishing Corp. ("Spring") and for damages against all defendants. Defendants timely objected and Plaintiffs did not respond to Defendants' objections. Upon due consideration and review, for the reasons discussed in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' objections to the R&R are overruled in part and sustained in part, and the remainder of the R&R is adopted and modified as follows: Defendants' objection with respect to the magistrate judge's recommendation that Plaintiffs had not shown exclusive copyright is overruled; Defendants' objection with respect to the magistrate judge's recommendation that the Court award statutory damages is sustained; and Defendants' objection to the magistrate judge's determination that hypothetical licensing fees provide some approximation of actual damages is overruled in light of the recommendation that the Court not award actual damages, which recommendation this Court adopts. The R&R is adopted in all other respects and modified to the extent that no statutory damages are awarded to Plaintiffs. In sum, Plaintiffs will not be awarded damages. However, Plaintiffs are entitled to injunctive relief. As such, they are to submit for the Court's approval and endorsement a Permanent Injunction on or before April 30, 2018. Closure of this case is held in abeyance pending this Court's endorsement of the Permanent Injunction. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)
3
2018-03-30
D09002ee1adff7e18
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-3
nyed-1_13-cv-02814_3.pdf
https://www.govinfo.gov/app/details/USCOURTS-nyed-1_13-cv-02814/USCOURTS-nyed-1_13-cv-02814-3
https://www.govinfo.gov/content/pkg/USCOURTS-nyed-1_13-cv-02814/pdf/USCOURTS-nyed-1_13-cv-02814-3.pdf
USCOURTS 1:13-cv-02814; Super Express USA Publishing Corp., et al v. Spring Publishing Corp., et al;
United States District Court Eastern District of New York
New York
USCOURTS-nyed-1_13-cv-02814-3
3
2018-03-30
ORDER granting 54 Motion for Default Judgment; denying 75 Motion for Damages; adopting in part Report and Recommendations as to 88 Report and Recommendations -- On February 23, 2018, the Hon. James Orenstein, U.S.M.J., issued a Report and Recommendations ("R & R") on Plaintiffs' motions for default judgment against defendant Spring Publishing Corp. ("Spring") and for damages against all defendants. Defendants timely objected and Plaintiffs did not respond to Defendants' objections. Upon due consideration and review, for the reasons discussed in the ATTACHED WRITTEN MEMORANDUM AND ORDER, Defendants' objections to the R&R are overruled in part and sustained in part, and the remainder of the R&R is adopted and modified as follows: Defendants' objection with respect to the magistrate judge's recommendation that Plaintiffs had not shown exclusive copyright is overruled; Defendants' objection with respect to the magistrate judge's recommendation that the Court award statutory damages is sustained; and Defendants' objection to the magistrate judge's determination that hypothetical licensing fees provide some approximation of actual damages is overruled in light of the recommendation that the Court not award actual damages, which recommendation this Court adopts. The R&R is adopted in all other respects and modified to the extent that no statutory damages are awarded to Plaintiffs. In sum, Plaintiffs will not be awarded damages. However, Plaintiffs are entitled to injunctive relief. As such, they are to submit for the Court's approval and endorsement a Permanent Injunction on or before April 30, 2018. Closure of this case is held in abeyance pending this Court's endorsement of the Permanent Injunction. SO ORDERED by Chief Judge Dora Lizette Irizarry on 3/30/2018. (Irizarry, Dora)