Case details

Court: ilnd
Docket #: 1:12-cv-01885
Case Name: Flava Works, Inc v. Rossi
PACER case #: 266585
Date filed: 2011-07-27
Assigned to: Honorable Joan H. Lefkow
Case Cause: 17:504 Copyright Infringement
Nature of Suit: 820 Copyright
Jury Demand: Both
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Frank Rossi
Defendant
Daliah Saper
Saper Law Offices 505 N. LaSalle #350 Chicago, IL 60654 (312)527-4100 Email: dsaper@saperlaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Christopher Ross McElwain
Saper Law Offices, Llc 1000 Crain St., #3 Evanston, IL 60202 (312)-527-4100 Email: chris@saperlaw.com
ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Flava Works, Inc
Plaintiff
Meanith Huon
Huon Law Firm P.O. Box 441 Chicago, IL 60690 (312) 405-2789 Email: huon.meanith@gmail.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2011-10-27 1 0 SECOND AMENDED complaint by Flava Works, Inc against Frank Rossi. (nf, ) (Entered: 03/15/2012)
2012-03-13 2 0 MINUTE entry before Honorable Edmond E. Chang: Status hearing held. As stated in open court on 03/07/12, see R. 54, the Court granted, without objection, defendants' motion to sever the case. The second amended complaint (and the earlier complaints, for that matter) does not allege any transaction or occurrence that connects the defendants to each other. Plaintiff's only written response, which it abandoned when it decided not to oppose severance, was that the defendants had subscribed to Plaintiff's video-content service, had downloaded (but independently, not part of a BitTorrent swarm or otherwise) copyrighted content, and then posted that content. Those allegations do not comprise the same transaction or occurrence required for joinder. The proper course is to require the opening of separate docket numbers, see Lee v. County of Cook, 635 F.3d 969, 971 (7th Cir. 2011), and require filing fees to be paid for each, as to any Defendant that Plaintiff wishes to continue suing. At today's hearing, Plaintiff decided to sever the following defendants from this proceeding: Kywan Fisher, Lloyd Johnson, Gregory Nance, Frank Rossi, and Gregory Terry. Defendant Andrew Clavio remains in this docket number. The Clerk of the Court is directed to assign a separate docket number for each of the 5 severed defendants, with the original filing date of 07/27/11, and with a copy of the Second Amended Complaint (R. 13). The Clerk shall randomly assign each of the separate cases to a judge of this District pursuant to the generally applicable procedures for assignment. Plaintiff is directed to pay the filing fee for each severed case by 03/27/12. At the 03/07/12, the Court discussed its view that Defendant Nance's motion to dismiss [R. 29] should be denied, but in light of the severance, it is appropriate for the judge assigned to that case to consider the motion; it should be refiled there, and the motion in 11 C 5100 is terminated. With regard to Defendant Clavio, his anticipated motion to dismiss is due 03/27/12. Response is due 04/26/12 to accommodate Plaintiff's counsel's work schedule. Reply due 05/03/12. Status hearing set for 05/24/12 at 8:30 a.m. Mailed notice (nf, ) (Entered: 03/15/2012) (Entered: 03/15/2012)
2012-07-06 3 0 MOTION by Plaintiff Flava Works, Inc for default judgment as to (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Huon, Meanith) (Entered: 07/06/2012)
2012-07-06 4 0 MOTION by Plaintiff Flava Works, Inc for default judgment as to Rossi (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Huon, Meanith) (Duplicate filing of entry no. 3)Modified on 7/9/2012 (lp, ). (Entered: 07/06/2012)
2012-07-06 5 0 NOTICE of Motion by Meanith Huon for presentment of motion for default judgment 3 before Honorable Joan H. Lefkow on 7/26/2012 at 08:30 AM. (Huon, Meanith) (Entered: 07/06/2012)
2012-07-17 6 0 ATTORNEY Appearance for Defendant Frank Rossi by Daliah Saper (Saper, Daliah) (Entered: 07/17/2012)
2012-07-17 7 0 MOTION by Defendant Frank Rossi to dismiss (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2)(Saper, Daliah) (Entered: 07/17/2012)
2012-07-17 8 0 NOTICE of Motion by Daliah Saper for presentment of motion to dismiss 7 before Honorable Joan H. Lefkow on 7/26/2012 at 08:30 AM. (Saper, Daliah) (Entered: 07/17/2012)
2012-07-20 9 0 MOTION by Defendant Frank Rossi to dismiss for lack of jurisdiction , Improper Venue, and Failure to State a Claim (Attachments: # 1 Exhibit A, # 2 Exhibit B-1, # 3 Exhibit B-2, # 4 Exhibit C)(Saper, Daliah) (Entered: 07/20/2012)
2012-07-20 10 0 NOTICE of Motion by Daliah Saper for presentment of motion to dismiss/lack of jurisdiction 9 before Honorable Joan H. Lefkow on 7/26/2012 at 08:30 AM. (Saper, Daliah) (Entered: 07/20/2012)
2012-07-26 11 0 MINUTE entry before Honorable Joan H. Lefkow:Motion hearing held on 7/26/2012. Plaintiff's motion for default 3 4 withdrawn. Defendant's motion to dismiss for failure to state a claim 9 moot. Response to defendant's motion to dismiss for lack of jurisdiction 9 due by 8/16/2012; reply due by 8/30/2012; ruling will issue by mail. Mailed notice (mad, ) (Entered: 07/30/2012)
2012-08-03 12 0 ATTORNEY Appearance for Defendant Frank Rossi by Daliah Saper (AMENDED) (Saper, Daliah) (Entered: 08/03/2012)
2012-08-15 13 0 RESPONSE by Flava Works, Inc to MOTION by Defendant Frank Rossi to dismiss for lack of jurisdiction , Improper Venue, and Failure to State a Claim 9 (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, # 9 Exhibit I1, # 10 Exhibit I2, # 11 Exhibit J)(Huon, Meanith) (Entered: 08/15/2012)
2012-08-16 14 0 MOTION by Plaintiff Flava Works, Inc for leave to file PROPOSED THIRD AMENDED COMPLAINT (Attachments: # 1 Exhibit Proposed Third Amended Complaint, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Huon, Meanith) (Entered: 08/16/2012)
2012-08-16 15 0 NOTICE of Motion by Meanith Huon for presentment of motion for leave to file, 14 before Honorable Joan H. Lefkow on 9/6/2012 at 08:30 AM. (Huon, Meanith) (Entered: 08/16/2012)
2012-08-30 16 0 REPLY by Frank Rossi to response to motion, 13 (Saper, Daliah) (Entered: 08/30/2012)
2012-08-30 17 0 NOTICE by Frank Rossi re reply to response to motion 16 (Saper, Daliah) (Entered: 08/30/2012)
2012-09-06 18 0 MINUTE entry before Honorable Joan H. Lefkow:Motion hearing held on 9/6/2012. Plaintiff's motion for leave to file third amended complaint 14 is granted. Defendant's motion to dismiss for failure to state a claim 9 is moot. The time to answer third amended complaint is stayed until after defendant's motion to dismiss for lack of jurisdiction 9 has been decided. Mailed notice (mad, ) (Entered: 09/07/2012)
2012-09-10 19 0 THIRD AMENDED complaint by Flava Works, Inc against All Defendants (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Huon, Meanith) (Entered: 09/10/2012)
19 1 Exhibit A
19 2 Exhibit B
19 3 Exhibit C
19 4 Exhibit D
19 5 Exhibit E
19 6 Exhibit F
2013-03-29 20 0 MINUTE entry before Honorable Joan H. Lefkow:Enter Memorandum Opinion and Order. For the reasons stated in the Memorandum Opinion and Order, defendant Frank Rossi's amended motion to dismiss for lack of personal jurisdiction and improper venue 9 is denied. Rossi is directed to answer the complaint by April 19, 2013. The parties are directed to appear for a scheduling conference on April 30, 2013 at 8:30 a.m.Mailed notice (mad, ) (Entered: 03/29/2013) 2013-04-03 01:43:53 2af84f81e9014bf140c429a1b7ed2e8949d4dff0
2013-03-29 21 0 MEMORANDUM Opinion and Order Signed by the Honorable Joan H. Lefkow on 3/29/2013:Mailed notice(mad, ) (Entered: 03/29/2013) 2013-04-03 01:44:09 268e3b4cd4b6a042613db18aa9c5239aa4b0f27a
2013-04-17 22 0 ATTORNEY Appearance for Defendant Frank Rossi by Christopher Ross McElwain (McElwain, Christopher) (Entered: 04/17/2013)
2013-04-17 23 0 MOTION by Defendant Frank Rossi for extension of time to file answer regarding amended complaint 19 (McElwain, Christopher) (Entered: 04/17/2013)
2013-04-17 24 0 NOTICE of Motion by Christopher Ross McElwain for presentment of motion for extension of time to file answer, motion for relief 23 before Honorable Joan H. Lefkow on 4/22/2013 at 08:30 AM. (McElwain, Christopher) (Entered: 04/17/2013)
2013-04-19 25 0 MINUTE entry before Honorable Joan H. Lefkow:Defendant's motion for extension of time to answer or otherwise plead to the complaint 23 is granted. Scheduling Conference of 4/30/2013 is reset for 5/23/2013 at 08:30 AM.Mailed notice (mad, ) (Entered: 04/19/2013)