Case details

Court: nysd
Docket #: 1:09-cv-00528
Case Name: Penguin Group (USA) Inc. v. American Buddha
PACER case #: 338995
Date filed: 2009-01-20
Date terminated: 2013-03-08
Assigned to: Judge Ronnie Abrams
Case Cause: 17:501 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Penguin Group (USA) Inc.
Plaintiff
Richard Dannay
Cowan, Liebowitz & Latman, P.C. 1133 Avenue of the America's New York, NY 10036 212-790-9256 Fax: 212-575-0671 Email: rxd@cll.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Charles Hernan Carreon
Online Media Law, PLLC 2165 S. Avenida Planeta Tucson, AZ 85710 (520) 841-0835 Fax: (503) 296-5317 Email: chas@charlescarreon.com
ATTORNEY TO BE NOTICED

Thomas Kjellberg
Cowan, Liebowitz & Latman, P.C. 1133 Avenue of the America's New York, NY 10036 (212) 790-9202 Fax: (212) 575-0671 Email: txk@cll.com
ATTORNEY TO BE NOTICED

American Buddha
Defendant
Charles Hernan Carreon
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2009-01-20 1 0 COMPLAINT against American Buddha. (Filing Fee $ 350.00, Receipt Number 675180)Document filed by Penguin Group (USA) Inc.(laq) (Entered: 01/22/2009) 2012-07-02 15:54:50 1708ee958b8a41c900013e4b4aa88919a2ccabde
2009-01-20 2 0 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Pearson Inc., Pearson Plc, Pearson Capital Company L.L.C., Pearson Longman, Inc., Pearson Luxembourg Holdings Ltd., Pearson Overseas Holding Ltd. as Corporate Parent. Document filed by Penguin Group (USA) Inc..(laq) (Entered: 01/22/2009)
2009-01-22 3 0 NOTICE OF APPEARANCE by Thomas Kjellberg on behalf of Penguin Group (USA) Inc. (Kjellberg, Thomas) (Entered: 01/22/2009)
2009-01-26 4 0 CERTIFICATE OF SERVICE. American Buddha served on 1/21/2009, answer due 2/10/2009. Service was accepted by Tara Carreon, President of American Buddha. Document filed by Penguin Group (USA) Inc.. (Dannay, Richard) (Entered: 01/26/2009)
2009-02-25 5 0 ORDER: Accordingly, it is hereby ordered that defendant's time to answer or otherwise respond to the complaint is extended, up to and including March 9, 2009. There will be no further extensions of time to respond to the complaint. So Ordered. (Signed by Judge Gerard E. Lynch on 2/20/09) (js) (Entered: 02/25/2009)
2009-03-04 6 0 FILING ERROR - ELECTRONIC FILING ERROR FOR NON-ECF DOCUMENT - FIRST MOTION for Limited Admission of Charles Carreon Pro Hac Vice. Document filed by American Buddha.(Hernstadt, Edward) Modified on 3/5/2009 (db). (Entered: 03/04/2009) 2012-10-19 16:37:19 8577c1eddf36c26f9f32e1476c0fc83a6201b802
2009-03-09 7 0 MOTION to Dismiss for Lack of Jurisdiction. Document filed by American Buddha.(Hernstadt, Edward) (Entered: 03/09/2009) 2012-07-02 15:56:50 85394528182440b17bf9de83e69a97df08904d09
2009-03-09 8 0 DECLARATION of Charles Carreon in Support re: 7 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Hernstadt, Edward) (Entered: 03/09/2009) 2012-07-02 15:57:05 5b0673a6a23b7057ff19ecf3e14a4173c3cdb2d3
2009-03-09 9 0 DECLARATION of Jacob Hammond in Support re: 7 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Hernstadt, Edward) (Entered: 03/09/2009) 2012-07-02 15:57:47 4bc972a44cf11f006e661a9d5851db6228cfa0f3
2009-03-09 10 0 MEMORANDUM OF LAW in Support re: 7 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Hernstadt, Edward) (Entered: 03/09/2009) 2012-07-02 15:58:55 423da6b59b4900ad444e204a500cc5f8b5185f97
2009-03-09 11 0 ORDER ADMITTING ATTORNEY PRO HAC VICE. Attorney Charles Carreon for American Buddha admitted Pro Hac Vice. (Signed by Judge Gerard E. Lynch on 3/5/09) (rw) (Entered: 03/10/2009) 2012-10-19 16:33:37 96d9d3a8beaa48c8370fddda4b4cc0919603c065
2009-03-09 12 0 MOTION for Charles Carreon to Appear Pro Hac Vice. Document filed by Penguin Group (USA) Inc.(dle) (Entered: 03/11/2009)
2009-03-20 13 0 MEMORANDUM OF LAW in Opposition re: 7 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Penguin Group (USA) Inc.. (Dannay, Richard) (Entered: 03/20/2009) 2012-07-02 15:59:16 caca56dd35548477991e62a16001f8ac55adf4d5
2009-03-20 14 0 DECLARATION of Thomas Kjellberg in Opposition re: 7 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibits Part 1, # 2 Exhibits Part 2, # 3 Exhibits Part 3, # 4 Exhibits Part 4)(Dannay, Richard) (Entered: 03/20/2009) 2012-07-02 16:02:23 4ce3baf3c315676e35710a083507bd390221e7bd
14 2 2012-07-02 16:03:14 f8dfa8dcc3558b5693872d00c9e72f0a3c5a05f7
14 3
14 4
14 5
2009-03-27 15 0 SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 7 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Carreon, Charles) (Entered: 03/27/2009) 2012-07-02 16:05:35 8158da5ae8d4e007b2e1fb17d39dac87aa491f84
2009-03-27 16 0 DECLARATION of Charles Carreon in Support re: 7 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Carreon, Charles) (Entered: 03/27/2009) 2012-07-02 16:06:14 6599c9e32e43eb3c3df3104c50dfb275805eb05b
2009-04-21 17 0 OPINION AND ORDER #97428: Defendant's motion to dismiss for lack of personal jurisdiction (doc #7) is granted. (Signed by Judge Gerard E. Lynch on 4/21/2009) (jpo) Modified on 4/22/2009 (mro). (Entered: 04/21/2009) 2012-07-02 16:07:42 734de1fab0c15137903543e347cab6ac05fecc3c
2009-04-21 18 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 21, 2009, defendant's motion to dismiss for lack of personal jurisdiction is granted. (Signed by J. Michael McMahon, clerk on 4/21/09) (Attachments: # 1 notice of right to appeal)(ml) (Entered: 04/21/2009)
2009-04-23 19 0 NOTICE OF APPEAL from 18 Clerk's Judgment, 17 Memorandum & Opinion. Document filed by Penguin Group (USA) Inc.. Filing fee $ 455.00, receipt number E 686221. (nd) (Entered: 04/24/2009) 2012-07-02 16:08:22 f28192046e33e1ff90a7640ebe62aa371215c1fd
2011-05-12 20 0 TRUE COPY ORDER of USCA as to 19 Notice of Appeal filed by Penguin Group (USA) Inc. USCA Case Number 09-1739-cv. For the foregoing reasons, the judgment dismissing the plaintiff's complaint is vacated and the case is remanded to the district court for further proceedings consistent with this opinion and with the Court of Appeals' response to our certified question. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/12/2011. (Attachments: # 1 Certified Question Answered)(nd) (Entered: 05/12/2011)
20 1 Certified Question Answered
2011-05-17 21 0 CORRECTED TRUE COPY ORDER of USCA as to 19 Notice of Appeal filed by Penguin Group (USA) Inc. USCA Case Number 09-1739-cv. For the foregoing reasons, the judgment dismissing the plaintiff's complaint is vacated and the case is remanded to the district court for further proceedings consistent with this opinion and with the Court of Appeals' response to our certified question. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/12/2011. (Attachments: # 1 Certified Question Answered)(nd) (Entered: 05/17/2011)
2011-06-02 22 0 MANDATE of USCA (Certified Copy) as to 19 Notice of Appeal filed by Penguin Group (USA) Inc. USCA Case Number 09-1739-cv. Ordered, Adjudged and Decreed that the judgment of the District Court is VACATED and the case is REMANDED to the District Court for further proceedings in accordance with the opinion of this Court and with the Court of Appeals' response to our certified question. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 06/02/2011. (Attachments: # 1 Opinion)(nd) (Entered: 06/02/2011)
2011-06-10 23 0 NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Gerard E. Lynch is no longer assigned to the case. (sjo) (Entered: 06/10/2011) 2011-06-11 04:27:44 353a621c916e9762a23aad4c9eb7238da386872b
2011-06-30 24 0 NOTICE OF COURT CONFERENCE: You are directed to appear for a pretrial conference, to be held on Monday, August 1, 2011 at 4:30pm in Courtroom 12B, at 4:30pm in front ofthe Honorable John G. Koeltl. (laq) (Entered: 06/30/2011) 2011-07-01 03:39:25 5760e9742e41f6244bb4b1187432b945c4d62345
2011-07-22 25 0 FILING ERROR - DEFICIENT DOCKET ENTRY - SECOND MOTION to Dismiss for Lack of Jurisdiction. Document filed by American Buddha. Responses due by 8/5/2011 (Attachments: # 1 Memorandum In Support of American Buddha's Motiion to Dismiss for Lack of Personal Jurisdiction, # 2 Declaration of Tara Lyn Carreon In Support of American Buddha's Motiion to Dismiss for Lack of Personal Jurisdiction, # 3 Exhibit Exhibits 1 - 5 to the Declaration of Tara Lyn Carreon, # 4 Text of Proposed Order Granting Motion to Dismiss For Lack of Personal Jurisdiction)(Carreon, Charles) Modified on 7/22/2011 (db). (Entered: 07/22/2011) 2011-07-23 03:38:04 5c530adb02259b4aeea45a58bf77c106d7280e07
2011-07-22 26 0 SECOND MOTION to Dismiss for Lack of Jurisdiction. Document filed by American Buddha. Responses due by 8/5/2011(Carreon, Charles) (Entered: 07/22/2011) 2011-07-23 03:37:34 e295c35486ce505cd8826c2100e6bc801ed13d65
2011-07-22 27 0 MEMORANDUM OF LAW in Support re: 26 SECOND MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Carreon, Charles) (Entered: 07/22/2011) 2011-07-23 03:37:30 ca9e817b2b7704b661dedb2007e2b5155c057438
2011-07-22 28 0 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AFFIDAVIT of Tara Lyn Carreon in Support re: 26 SECOND MOTION to Dismiss for Lack of Jurisdiction. Document filed by American Buddha. (Attachments: # 1 Exhibit Exhibits 1-5)(Carreon, Charles) Modified on 7/25/2011 (ldi). (Entered: 07/22/2011) 2011-07-23 03:39:07 fea688e11afd2bc68f4543ececd86bb6ac9a6aed
28 1 Exhibit Exhibits 1-5 2011-07-23 03:42:19 aa339849dea42451e7d6b52ba9967bcc16cf2c92
2011-07-22 29 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION Leave To Attend Pretrial Conference Telephonically. Document filed by American Buddha.(Carreon, Charles) Modified on 7/25/2011 (ldi). (Entered: 07/22/2011) 2011-07-23 03:37:25 095e5540befb994fe588f79e6e7c4d40e08e5bc2
2011-07-25 30 0 MOTION Leave to Attend Pretrial Conference Telephonically re: Set Deadlines/Hearings,. Document filed by American Buddha.(Carreon, Charles) (Entered: 07/25/2011) 2011-07-26 04:04:27 324efc78e508d8bb3bb6e6da6f34befd57d891e1
2011-07-25 31 0 AFFIDAVIT of Charles Carreon in Support re: 30 MOTION Leave to Attend Pretrial Conference Telephonically re: Set Deadlines/Hearings,.. Document filed by American Buddha. (Carreon, Charles) (Entered: 07/25/2011) 2011-07-26 04:04:31 e75e349dc7135b54e609083cce415aaf54e10297
2011-07-25 32 0 AFFIDAVIT of Tara Lyn Carreon in Support re: 30 MOTION Leave to Attend Pretrial Conference Telephonically re: Set Deadlines/Hearings,.. Document filed by American Buddha. (Carreon, Charles) (Entered: 07/25/2011) 2011-07-26 04:06:20 995964d88ff3de50bf00692e2331555e78b9efe3
2011-07-26 33 0 ORDER granting 30 MOTION Leave to Attend Pretrial Conference Telephonically. Counsel for American Buddha is directed to contact Mr. Fletcher to make telephonic arrangements. IT IS SO ORDERED. (Signed by Judge John G. Koeltl on 7/25/2011) (ja) (Entered: 07/26/2011) 2011-07-27 01:24:21 933b658ebeb01f448a8a7c2a43ba753d92162179
2011-08-01 34 0 ENDORSED LETTER addressed to Judge John G. Koeltl from Richard Dannay dated 8/1/11 re: Counsel for the plaintiff requests a five business day extension, to 8/12/11, to serve and file its oppostion papers to defendant American Buddha's pending motion. American Buddha requests an extension of the due date for its reply papers to 8/26/11. ENDORSEMENT: Application granted. So ordered. Set Deadlines/Hearing as to 26 SECOND MOTION to Dismiss for Lack of Jurisdiction:( Responses due by 8/12/2011, Replies due by 8/26/2011.) (Signed by Judge John G. Koeltl on 8/1/2011) (mro) (Entered: 08/01/2011) 2011-08-02 04:15:20 e44f0dedeb7687e51b48cae2bada373c7bacdcd9
2011-08-12 35 0 MEMORANDUM OF LAW in Opposition re: 26 SECOND MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Penguin Group (USA) Inc.. (Kjellberg, Thomas) (Entered: 08/12/2011) 2012-07-02 16:09:23 a9432d6fc662c0def006706d2ee58c0643df77f7
2011-08-12 36 0 DECLARATION of Thomas Kjellberg in Opposition re: 26 SECOND MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit Exhibits Vol. 1, # 2 Exhibit Exhibits Vol. 2, # 3 Exhibit Exhibits Vol. 3, # 4 Exhibit Exhibits Vol. 4, # 5 Exhibit Exhibits Vol. 5)(Kjellberg, Thomas) (Entered: 08/12/2011) 2011-08-15 02:48:27 7aebc00ecbc5fc846e2f8485177697cf0313bb01
2011-08-26 37 0 MEMORANDUM OF LAW in Opposition re: 26 SECOND MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Carreon, Charles) (Entered: 08/26/2011) 2011-08-27 04:40:52 701689f7251ba4728fe36ffa9087bec954b08c27
2011-08-26 38 0 DECLARATION of Tara Carreon in Support re: 26 SECOND MOTION to Dismiss for Lack of Jurisdiction.. Document filed by American Buddha. (Carreon, Charles) (Entered: 08/26/2011) 2011-08-27 04:42:25 3e294b7112b684b19690a9d95236dbed63ca01ed
2012-01-13 39 0 NOTICE OF ORAL ARGUMENT: You are directed to appear for oral argument on the pending motion(s), to be held on Tuesday, January 24, 2012 at 10:00 am in Courtroom 12B, in front of the Honorable John G. Koeltl. All requests for adjournments must be made in writing to the Court. For any further information, please contact the Court at (212) 805-0107. (Oral Argument set for 1/24/2012 at 10:00 AM in Courtroom 12B, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl). (jfe) (Entered: 01/13/2012) 2012-01-16 03:45:27 327e48ae87f304b43fb088cb66c32cf3d102d1ed
2012-01-24 40 0 ORDER denying 26 Motion to Dismiss for Lack of Jurisdiction. For the reasons explained on the record, the defendant's second motion to dismiss the complaint for lack of personal jurisdiction is denied without prejudice to renewal after the conclusion of limited discovery. The Clerk is directed to close Docket No. 26. (Signed by Judge John G. Koeltl on 1/24/2012) (ft) (Entered: 01/24/2012) 2012-07-02 16:09:41 c5ece92d9f86d6d1b0ba69510f9132cfedd01226
2012-02-24 41 0 STIPULATED JURISDICTIONAL DISCOVERY SCHEDULE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiff and Defendant that jurisdictional discovery in this matter shall be conducted over a period of sixty (60) days, to be concluded no later than April 16, 2012. ( Discovery due by 4/16/2012.) (Signed by Judge John G. Koeltl on 2/23/2012) (lmb) (Entered: 02/24/2012)
2012-03-30 42 0 ENDORSED LETTER addressed to Judge John G. Koeltl from Thomas Kjellberg dated 3/29/2012 re: We write on behalf of Defendant and Plaintiff to request that the jurisdictional discovery period, now set to conclude on April 16, 2012, be extended 40 days, until May 26, 2012. ENDORSEMENT: Application granted. So ordered. (Discovery due by 5/26/2012.) (Signed by Judge John G. Koeltl on 3/29/2012) (rjm) (Entered: 03/30/2012)
2012-05-18 43 0 ENDORSED LETTER addressed to Judge John G. Koeltl from Thomas Kjellberg dated 5/15/2012 re: Request for extension of discovery deadline. ENDORSEMENT: Application granted. So ordered. (Discovery due by 7/13/2012.) (Signed by Judge John G. Koeltl on 5/17/2012) (rjm) (Entered: 05/18/2012) 2012-07-02 16:10:12 3b54e1716e27c3705595ecb61d89caee617f65cf
2012-06-08 44 0 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - JOINT MOTION for Protective Order CONFIDENTIALITY STIPULATION. Document filed by American Buddha.(Carreon, Charles) Modified on 6/11/2012 (db). (Entered: 06/08/2012)
2012-06-13 45 0 CONFIDENTIALITY STIPULATION; ORDER THEREON...regarding procedures to be followed that shall govern the handling of confidential material...This Order is not binding on the Court or Court personnel. The Court reserves the right to amend it at any time. (Signed by Judge John G. Koeltl on 6/12/2012) (lmb) (Entered: 06/14/2012) 2012-07-02 16:12:31 142d8fb36d84a817e52c5e4a0019ccfd5852dd40
2012-07-10 46 0 NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge John G. Koeltl is no longer assigned to the case. (pgu) (Entered: 07/10/2012)
2012-07-12 47 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Thomas Kjellberg dated 7/10/2012 re: The parties, accordingly, jointly request that the jurisdictional discovery period, now set to conclude on July 13, 2012, be extended briefly, to and including August 3, 2012. ENDORSEMENT: Request Granted. The deadline for jurisdictional discovery is now August 3, 2012. SO ORDERED., ( Discovery due by 8/3/2012.) (Signed by Judge Ronnie Abrams on 7/12/2012) (ama) (Entered: 07/13/2012)
2012-07-19 48 0 Letter addressed to Richard Dannay and Charles Hernan Carreon from Judge Ronnie Abrams dated 7/19/2012 re: As you may be aware, this case has been reassigned to my docket. A conference has been scheduled for August 17, 2012 at 11:30 a.m. to be held in Courtroom 9B at the U.S. Courthouse, 500 Pearl Street, New York, New York 10007. All current deadlines and schedules remain in effect, except that any other scheduled Court conference or oral argument is adjourned. As stated in the endorsed letter dated July 12, 2012, the deadline for the completion of jurisdictional discovery is August 3, 2012. To assist me in my supervision of this matter, please submit a joint letter no longer than five (5) pages by August 13, 2012 addressing the following subjects as further set forth in this order.(lmb) Modified on 7/20/2012 (lmb). (Entered: 07/20/2012)
2012-08-14 49 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Richard Dannay and Charles Carreon dated 8/8/2012 re: As a preliminary matter, American Buddha states that its counsel's office is in Tucson, Arizona, and attending hearings personally would be impracticable; therefore, Judge Koeltl granted permission for Mr. Carreon to attend all hearings telephonically. American Buddha requests that its counsel be permitted to continue attending hearings telephonically. ENDORSEMENT: Application for counsel for American Buddha to participate in the August 17, 2012 conference telephonically is granted. (Signed by Judge Ronnie Abrams on 8/14/2012) (lmb) (Entered: 08/15/2012)
2012-08-17 50 0 ORDER: that Defendants motion to dismiss shall be submitted according to the following schedule: Defendants motion shall be filed by October 1, 2012; Plaintiffs opposition shall be filed by October 30, 2012; and Defendants reply shall be filed by November 13, 2012. IT IS FURTHER ORDERED that oral argument on Defendants motion to dismiss is scheduled for December 7, 2012 at 10:30 a.m. (Signed by Judge Ronnie Abrams on 8/17/2012) (pl) (Entered: 08/17/2012) 2012-08-17 15:36:28 2c2e6db67237e0979b2e33fc9745ca859e7b74bb
2012-10-01 51 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss for Lack of Jurisdiction. Document filed by American Buddha. Responses due by 10/30/2012 Return Date set for 12/7/2012 at 10:30 AM. (Attachments: # 1 Affidavit Charles Carreon, # 2 Affidavit Tara Carreon, # 3 Exhibit (s) 1 - 10, # 4 Text of Proposed Order)(Carreon, Charles) Modified on 10/2/2012 (db). (Entered: 10/01/2012)
2012-10-05 52 0 THIRD MOTION to Dismiss for Lack of Jurisdiction and Request for Leave to Attend Hearing Telephonically. Document filed by American Buddha. Responses due by 10/30/2012 Return Date set for 12/7/2012 at 10:30 AM.(Carreon, Charles) (Entered: 10/05/2012) 2012-12-04 15:15:12 75bff97df0c9a6226e96a2ef264b8be60ab6f65b
2012-10-05 53 0 DECLARATION of Charles Carreon in Support re: 52 THIRD MOTION to Dismiss for Lack of Jurisdiction and Request for Leave to Attend Hearing Telephonically.. Document filed by American Buddha. (Attachments: # 1 Exhibit (s) 1 - 10)(Carreon, Charles) (Entered: 10/05/2012) 2012-12-04 15:21:43 4b86f7e9cac42d36d023d23427c835e2b24eb119
53 1 Exhibit (s) 1 - 10 2012-12-04 15:24:45 91e3c7f1594dc1b81b0ab0c47396606b9c66ee64
2012-10-05 54 0 DECLARATION of Tara Lyn Carreon in Support re: 52 THIRD MOTION to Dismiss for Lack of Jurisdiction and Request for Leave to Attend Hearing Telephonically.. Document filed by American Buddha. (Carreon, Charles) (Entered: 10/05/2012) 2013-02-04 18:21:22 715b68b507b1efc3299de45c44e11d2cb47c751d
2012-11-05 55 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Thomas Kjellberg dated 10/30/2012 re: The parties therefore jointly request that the opposition and reply deadlines each be extended by one week, to November 6, 2012 and November 20, 2012 respectively. ENDORSEMENT: Application granted., ( Responses due by 11/6/2012., Replies due by 11/20/2012.) (Signed by Judge Ronnie Abrams on 11/5/2012) (lmb) (Entered: 11/05/2012)
2012-11-06 56 0 MEMORANDUM OF LAW in Opposition re: 52 THIRD MOTION to Dismiss for Lack of Jurisdiction and Request for Leave to Attend Hearing Telephonically.. Document filed by Penguin Group (USA) Inc.. (Dannay, Richard) (Entered: 11/06/2012)
2012-11-06 57 0 DECLARATION of Thomas Kjellberg in Opposition re: 52 THIRD MOTION to Dismiss for Lack of Jurisdiction and Request for Leave to Attend Hearing Telephonically.. Document filed by Penguin Group (USA) Inc.. (Attachments: # 1 Exhibit 1-16, # 2 Exhibit 17-30, # 3 Exhibit 31-36, # 4 Exhibit 37-41, # 5 Exhibit 42.1, # 6 Exhibit 42.2)(Dannay, Richard) (Entered: 11/06/2012) 2012-12-04 15:39:15 5101eb40d6c4e0188a18f07160831910ae00f6b0
57 1 Exhibit 1-16 2012-12-04 15:40:27 e650cee7548a745f4d2e26dcccc7350661c3f331
57 2 Exhibit 17-30
57 3 Exhibit 31-36 2012-12-04 15:44:04 ac1fee75a2bbfc6586b41c65a0292e82dceb46e7
57 4 Exhibit 37-41 2012-12-04 15:46:09 8f7abc4e2922d088506f837228a0976810d024db
57 5 Exhibit 42.1
57 6 Exhibit 42.2
2012-11-20 58 0 REPLY MEMORANDUM OF LAW in Support re: 52 THIRD MOTION to Dismiss for Lack of Jurisdiction and Request for Leave to Attend Hearing Telephonically.. Document filed by American Buddha. (Carreon, Charles) (Entered: 11/20/2012) 2012-12-04 15:36:20 2668f545aca7a861a00262ea0da6af58c16ecaff
2012-12-05 59 0 ORDER: An oral argument is scheduled in this matter on December 7, 2012 at 10:30 a.m. to be held in Courtroom 9B at the U.S. Courthouse, 500 Pearl Street, New York, New York 10007. Defendant requests that he be permitted to attend this hearing via telephone. It is hereby: ORDERED that Defendant's request is granted. Courtroom deputy Allison Cavale will call Defendant at that time. ( Oral Argument set for 12/7/2012 at 10:30 AM in Courtroom 9B, 500 Pearl Street, New York, NY 10007 before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 12/5/2012) (mro) (Entered: 12/05/2012)
2013-02-05 60 0 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/7/2012 before Judge Ronnie Abrams. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2013. Redacted Transcript Deadline set for 3/11/2013. Release of Transcript Restriction set for 5/9/2013.(Rodriguez, Somari) (Entered: 02/05/2013)
2013-02-05 61 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/7/12 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Rodriguez, Somari) (Entered: 02/05/2013)
2013-03-07 62 0 OPINION AND ORDER re: 52 THIRD MOTION to Dismiss for Lack of Jurisdiction. American Buddha's motion to dismiss is granted. The Clerk of Court is respectfully directed to terminate the motion located at Dkt. No. 52 and close this case. (Signed by Judge Ronnie Abrams on 3/7/2013) (Attachments: # 1 Part 2)(ft) Modified on 3/7/2013 (ft). (Entered: 03/07/2013) 2014-09-17 22:51:18 cfa4a7d218160a5be7ac3f5e914892ebe0357a6b
2013-03-08 63 0 CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated March 7, 2013, American Buddhas motion to dismiss is granted and the case is dismissed; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/8/13) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 03/08/2013) 2014-09-17 22:47:16 576c05780aa22b49b8bd022bc17556b3020c41fc
2013-03-22 64 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees. Document filed by American Buddha. (Attachments: # 1 Affidavit DECLARATION OF CHARLES CARREON AND EXHIBITS 1 - 3, # 2 Text of Proposed Order GRANTING MOTION FOR ATTORNEY'S FEES)(Carreon, Charles) Modified on 3/25/2013 (db). (Entered: 03/22/2013)
2013-03-28 65 0 NOTICE of of Errata. Document filed by American Buddha. (Carreon, Charles) (Entered: 03/28/2013)
2013-03-28 66 0 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Attorney Fees. Document filed by American Buddha.(Carreon, Charles) Modified on 3/28/2013 (db). (Entered: 03/28/2013)
2013-03-28 67 0 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Charles Carreon in Support re: 66 MOTION for Attorney Fees. Document filed by American Buddha. (Attachments: # 1 Exhibit (s) 1 - 3)(Carreon, Charles) Modified on 3/28/2013 (db). (Entered: 03/28/2013)
2013-03-31 68 0 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Charles Carreon in Support re: 66 MOTION for Attorney Fees.. Document filed by American Buddha. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Carreon, Charles) Modified on 4/1/2013 (ldi). (Entered: 03/31/2013)
2013-04-01 69 0 ENDORSED LETTER addressed to Judge Ronnie Abrams from Thomas Kjellberg dated 4/1/2013 re: counsel for Plaintiff respectfully requests that the Court clarify that Penguin's opposing papers are due, pursuant to Local Civil Rule 6.1(b), within fourteen days after defendant's service of its revised moving papers, i.e., on April 11, 2013. ENDORSEMENT: Plaintiff's opposition is due by April 11, 2013 and Defendant's reply April 18, 2013. (Signed by Judge Ronnie Abrams on 4/1/2013) (pl) (Entered: 04/01/2013)
2013-04-04 70 0 MOTION for Attorney Fees. Document filed by American Buddha.(Carreon, Charles) (Entered: 04/04/2013)
2013-04-04 71 0 DECLARATION of Charles Carreon in Support re: 70 MOTION for Attorney Fees.. Document filed by American Buddha. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Carreon, Charles) (Entered: 04/04/2013)
2013-03-22 72 0 INTERNET CITATION NOTE: Material from decision with Internet citation re: 62 Memorandum & Opinion. (Attachments: # 1 Internet Citation) (sj) (Entered: 04/11/2013)
2013-04-11 73 0 MEMORANDUM OF LAW in Opposition re: 70 MOTION for Attorney Fees.. Document filed by Penguin Group (USA) Inc.. (Dannay, Richard) (Entered: 04/11/2013)
2013-04-18 74 0 REPLY MEMORANDUM OF LAW in Support re: 70 MOTION for Attorney Fees.. Document filed by American Buddha. (Carreon, Charles) (Entered: 04/18/2013)
2013-04-19 75 0 NOTICE of Errata re: 74 Reply Memorandum of Law in Support of Motion. Document filed by American Buddha. (Carreon, Charles) (Entered: 04/19/2013)
2013-04-19 76 0 REPLY MEMORANDUM OF LAW in Support re: 70 MOTION for Attorney Fees. [CORRECTED]. Document filed by American Buddha. (Carreon, Charles) (Entered: 04/19/2013)
2013-06-27 77 0 ORDER: Accordingly, for the foregoing reasons, American Buddha's motion for attorney's fees and Penguin's request for sanctions are both denied. The Clerk of Court is respectfully directed to close the motion at Docket Number 70. (Signed by Judge Ronnie Abrams on 6/27/2013) (cd) (Entered: 06/27/2013) 2013-07-28 21:22:29 66a080d422ccb3ffa7efae36cafbd4608f1b218e