U.S. District Court
Southern District of New York (Foley Square)
CIVIL DOCKET FOR CASE #: 1:13-cv-04479-JMF
Dean v. Cameron et al
Assigned to: Judge Jesse M. Furman
Cause: 17:101 Copyright Infringement
Date Filed: 06/27/2013
Jury Demand: Plaintiff
Nature of Suit: 820 Copyright
Jurisdiction: Federal Question
Plaintiff
William Roger Dean
represented by Steven Michael Hayes
Hanly Conroy Bierstein Sheridan
Fisher & Hayes, LLP
112 Madison Avenue
New York, NY 10016
(212) 784-6400
Fax: (212) 784-6420
Email: shayes@hanlyconroy.com
ATTORNEY TO BE NOTICED
V.
Defendant
James Cameron
represented by Jonathan Zavin
Loeb & Loeb LLP
345 Park Avenue
New York, NY 10154
(212) 407-4161
Fax: (212) 407-4990
Email: jzavin@loeb.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Neil Strauss
Loeb & Loeb LLP
345 Park Avenue
New York, NY 10154
(212)407-4000 x4089
Fax: (212)407-4900
Email: jstrauss@loeb.com
ATTORNEY TO BE NOTICED
Michael Steven Barnett
Loeb & Loeb LLP
345 Park Avenue
New York, NY 10154
(212)-407-4163
Fax: (212)-656-1554
Email: mbarnett@loeb.com
ATTORNEY TO BE NOTICED
Defendant
Twentieth Century Fox Film
Corporation
represented by Jonathan Zavin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Neil Strauss
(See above for address)
ATTORNEY TO BE NOTICED
Michael Steven Barnett
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Dune Entertainment III LLC
TERMINATED: 09/11/2013
Defendant
Twentieth Century Fox Home
Entertainment
represented by Jonathan Zavin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Neil Strauss
(See above for address)
ATTORNEY TO BE NOTICED
Michael Steven Barnett
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Lightstorm Entertainment
represented by Jonathan Zavin
(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jonathan Neil Strauss
(See above for address)
ATTORNEY TO BE NOTICED
Michael Steven Barnett
(See above for address)
ATTORNEY TO BE NOTICED
Defendant
Ingenious Film Partners 2 LLP
TERMINATED: 09/11/2013
Date Filed
#
Docket Text
06/27/2013
1
COMPLAINT against James Cameron, Dune Entertainment III LLC,
Ingenious Film Partners 2 LLP, Lightstorm Entertainment, Twentieth
Century Fox Film Corporation, Twentieth Century Fox Home
Entertainment. (Filing Fee $ 350.00, Receipt Number
465401070860)Document filed by William Roger Dean.(jd) (jd). (Entered:
06/28/2013)
06/27/2013
SUMMONS ISSUED as to James Cameron, Dune Entertainment III LLC,
Ingenious Film Partners 2 LLP, Lightstorm Entertainment, Twentieth
Century Fox Film Corporation, Twentieth Century Fox Home
Entertainment. (jd) (Entered: 06/28/2013)
06/27/2013
Magistrate Judge Michael H. Dolinger is so designated. (jd) (Entered:
06/28/2013)
06/27/2013
Case Designated ECF. (jd) (Entered: 06/28/2013)
07/12/2013
2
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set
for 9/30/2013 at 03:15 PM in Courtroom 1105, 40 Centre Street, New York,
NY 10007 before Judge Jesse M. Furman as further set forth in this order.
(Signed by Judge Jesse M. Furman on 7/12/2013) (lmb) (Entered:
07/12/2013)
07/24/2013
3
NOTICE OF APPEARANCE by Jonathan Zavin on behalf of James
Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment. (Zavin,
Jonathan) (Entered: 07/24/2013)
07/24/2013
4
NOTICE OF APPEARANCE by Jonathan Neil Strauss on behalf of James
Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment. (Strauss,
Jonathan) (Entered: 07/24/2013)
07/24/2013
5
NOTICE OF APPEARANCE by Michael Steven Barnett on behalf of
James Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment. (Barnett,
Michael) (Entered: 07/24/2013)
07/24/2013
6
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and
between the undersigned counsel that: (i) the time for defendants James
Cameron, Twentieth Century Fox Film Corporation, Twentieth Century Fox
Home Entertainment and Lightstorm Entertainment ("Defendants") to
answer, move or otherwise respond to the Complaint is hereby extended to
and including August 30, 2013 as further set forth in this order., James
Cameron answer due 8/30/2013; Lightstorm Entertainment answer due
8/30/2013; Twentieth Century Fox Film Corporation answer due 8/30/2013;
Twentieth Century Fox Home Entertainment answer due 8/30/2013.
(Signed by Judge Jesse M. Furman on 7/24/2013) (lmb) (Entered:
07/25/2013)
08/15/2013
7
STIPULATION: IT IS HEREBY STIPULATED AND AGREED by and
between the undersigned counsel that: (i) Plaintiff's counsel shall have until
August 28, 2013 to respond to the August 13 Letter; (ii) In the event that
Plaintiff declines to amend the Complaint, the time for Defendants to
answer, move or otherwise respond to the Complaint shall be extended to
and including September 16, 2013; and (iii) In the event that Plaintiff elects
to amend the Complaint in response to the August 13 Letter, Plaintiff's and
Defendant's Counsel shall confer and submit a stipulation setting forth the
time for Defendants to answer, move or otherwise respond to such
Amended Complaint., James Cameron answer due 9/16/2013; Dune
Entertainment III LLC answer due 9/16/2013; Ingenious Film Partners 2
LLP answer due 9/16/2013; Lightstorm Entertainment answer due
9/16/2013; Twentieth Century Fox Film Corporation answer due 9/16/2013;
Twentieth Century Fox Home Entertainment answer due 9/16/2013.
(Signed by Judge Jesse M. Furman on 8/15/2013) (lmb) (Entered:
08/15/2013)
09/10/2013
8
LETTER MOTION for Extension of Time and Adjournment of Conference
addressed to Judge Jesse M. Furman from Steven M. Hayes dated
9/10/2013. Document filed by James Cameron, William Roger Dean, Dune
Entertainment III LLC, Ingenious Film Partners 2 LLP, Lightstorm
Entertainment, Twentieth Century Fox Film Corporation, Twentieth
Century Fox Home Entertainment. (Attachments: # 1 Stipulation to Extend
Time and Adjourn Conference on 9/30/2013)(Hayes, Steven) (Entered:
09/10/2013)
09/11/2013
9
STIPULATION AND ORDER:IT IS HEREBY STIPULATED AND
AGREED, by and between the undersigned counsel for the parties, that; 1.
Plaintiff's time to amend his complaint is extended to September 30, 2013;
2. Defendants' time to serve move, answer or otherwise respond to the
amended complaint, is hereby extended to November 14, 2013; 3. Plaintiff
agrees to discontinue the action against Defendants Dune Entertainment III
LLC ("Dune") and Ingenious Film Partners 2 LLP ("Ingenious") without
prejudice. Dune and Ingenious agree that if the action is re-filed against
them while the present action is still pending the original filing date of June
27, 2013 shall apply for the statute of limitations purposes; 4. Plaintiff
voluntarily discontinues claims II through VI of the Complaint without
prejudice, and; 5. No previous requests or extensions concerning an
amended complaint have been made. The conference scheduled for
September 30, 2013, is rescheduled for November 18, 2013, at 3:45 p.m.
The Clerk of Court is directed to terminate Docket No. 8., James Cameron
answer due 9/30/2013; Lightstorm Entertainment answer due 9/30/2013;
Twentieth Century Fox Film Corporation answer due 9/30/2013; Twentieth
Century Fox Home Entertainment answer due 9/30/2013.( Amended
Pleadings due by 9/30/2013.), ( Initial Conference set for 11/18/2013 at
03:45 PM before Judge Jesse M. Furman.), Motions terminated: 8 LETTER
MOTION for Extension of Time and Adjournment of Conference addressed
to Judge Jesse M. Furman from Steven M. Hayes dated 9/10/2013. filed by
Lightstorm Entertainment, Dune Entertainment III LLC, Ingenious Film
Partners 2 LLP, Twentieth Century Fox Home Entertainment, William
Roger Dean, Twentieth Century Fox Film Corporation, James Cameron.
(Signed by Judge Jesse M. Furman on 9/11/2013) (lmb) (Entered:
09/11/2013)
09/27/2013
10
09/30/2013
09/30/2013
DOCUMENT REFERRED TO JUDGE FOR APPROVAL STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated
and agreed by and between the parties and/or their respective counsel(s) that
the above-captioned action is voluntarily dismissed, WITHOUT prejudice
against the defendant(s) Ingenious Film Partners 2 LLP, Dune
Entertainment III LLC pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules
of Civil Procedure. Document filed by Twentieth Century Fox Home
Entertainment, Ingenious Film Partners 2 LLP, Twentieth Century Fox Film
Corporation, William Roger Dean, James Cameron, Lightstorm
Entertainment, Dune Entertainment III LLC.(Hayes, Steven) Modified on
9/30/2013 (ml). (Entered: 09/27/2013)
***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE
FOR APPROVAL. Note to Attorney Steven Hayes Document 10
Stipulation of Voluntary Dismissal,, was referred to Judge Jesse M.
Furman for approval. (ml) (Entered: 09/30/2013)
11
STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO
F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED
by and between the parties and/or their respective counsel(s) that the abovecaptioned action is voluntarily dismissed, without prejudice against the
defendants DUNE ENTERTAINMENT III LLC and INGENIOUS FILM
PARTNERS 2 LLP pursuant to the Federal Rules of Civil Procedure
41(a)(l)(A)(ii). The Clerk of the Court is directed to close this case. (Signed
by Judge Jesse M. Furman on 9/30/2013) (lmb) (Entered: 09/30/2013)
09/30/2013
Mailed notice to Register of Copyrights to report the termination of this
action. (lmb) (Entered: 09/30/2013)
09/30/2013
12
AMENDED COMPLAINT amending 1 Complaint, against James
Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment with JURY
DEMAND.Document filed by William Roger Dean. Related document: 1
Complaint, filed by William Roger Dean.(mro) (Entered: 10/01/2013)
10/01/2013
13
LETTER MOTION to Adjourn Conference addressed to Judge Jesse M.
Furman from Jonathan Zavin dated 10/1/2013. Document filed by James
Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment.(Zavin, Jonathan)
(Entered: 10/01/2013)
10/01/2013
14
ORDER: On September 30, 2013, the Court endorsed a stipulation
voluntarily dismissing certain Defendants and directed the Clerk to close the
case. (Docket No. 11). Because there are remaining Defendants who have
not been dismissed, this endorsement was in error. The Clerk of Court is
directed to reopen this case. (Signed by Judge Jesse M. Furman on
10/1/2013) (lmb) (Entered: 10/01/2013)
10/02/2013
15
ORDER granting 13 Letter Motion to Adjourn Conference. The initial
pretrial conference is hereby RESCHEDULED for 11/25/2013 at 02:45 PM
in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge
Jesse M. Furman. (HEREBY ORDERED by Judge Jesse M. Furman)(Text
Only Order) (Furman, Jesse) (Entered: 10/02/2013)
11/11/2013
16
LETTER MOTION to Adjourn Conference addressed to Judge Jesse M.
Furman from Jonathan Zavin dated 11/11/2013. Document filed by James
Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment.(Zavin, Jonathan)
(Entered: 11/11/2013)
11/12/2013
17
ORDER denying 16 Letter Motion to Adjourn Conference without
prejudice to renewal after the motion to dismiss is actually filed. (HEREBY
ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
(Entered: 11/12/2013)
11/14/2013
18
MOTION to Dismiss Amended Complaint. Document filed by James
Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment.(Zavin, Jonathan)
(Entered: 11/14/2013)
11/14/2013
19
MEMORANDUM OF LAW in Support re: 18 MOTION to Dismiss
Amended Complaint.. Document filed by James Cameron, Lightstorm
Entertainment, Twentieth Century Fox Film Corporation, Twentieth
Century Fox Home Entertainment. (Zavin, Jonathan) (Entered: 11/14/2013)
11/14/2013
20
DECLARATION of Jonathan Zavin in Support re: 18 MOTION to Dismiss
Amended Complaint.. Document filed by James Cameron, Lightstorm
Entertainment, Twentieth Century Fox Film Corporation, Twentieth
Century Fox Home Entertainment. (Attachments: # 1 Exhibit A, # 2 Exhibit
B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G1, # 8 Exhibit G-2, # 9 Exhibit G-3, # 10 Exhibit H-1, # 11 Exhibit H-2, #
12 Exhibit H-3, # 13 Exhibit I-1, # 14 Exhibit I-2, # 15 Exhibit J, # 16
Exhibit K)(Zavin, Jonathan) (Entered: 11/14/2013)
11/14/2013
21
LETTER addressed to Judge Jesse M. Furman from Jonathan Zavin dated
11/14/2013 re: Request for Oral Argument on Motion to Dismiss Amended
Complaint. Document filed by James Cameron, Lightstorm Entertainment,
Twentieth Century Fox Film Corporation, Twentieth Century Fox Home
Entertainment.(Zavin, Jonathan) (Entered: 11/14/2013)
11/14/2013
22
LETTER addressed to Judge Jesse M. Furman from Jonathan Zavin dated
11/14/2013 re: Request for Permission to File Original Declaration of
Jonathan Zavin in Support of Motion to Dismiss Amended Complaint with
Clerk of the Court. Document filed by James Cameron, Lightstorm
Entertainment, Twentieth Century Fox Film Corporation, Twentieth
Century Fox Home Entertainment.(Zavin, Jonathan) (Entered: 11/14/2013)
11/14/2013
24
ORDER: On November 14, 2013, Defendants filed a motion to dismiss the
complaint under Rule 12(b) of the Federal Rules of Civil Procedure. Under
Rule 15(a)(1)(B), a plaintiff has twenty-one (21) days after the service of a
motion under Rule 12 (b) to amend the complaint once as a matter of
course. Accordingly, it is hereby ORDERED that plaintiff shall file any
amended complaint by December 5, 2013. Plaintiff will not be given any
further opportunity to amend the complaint to address issues raised by the
motion to dismiss. If plaintiff does amend, by three (3) weeks after the
amended complaint is filed, defendant shall: (1) file an answer; (2) file a
new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff,
stating that it relies on the previously filed motion to dismiss. If defendant
files an answer or a new motion to dismiss, the Court will deny the
previously filed motion to dismiss as moot. It is further ORDERED that if
no amended complaint is filed, plaintiff shall serve any opposition to the
motion to dismiss by December 5, 2013. Defendant's reply, if any, shall be
served by December 12, 2013. At the time any reply is served, the moving
party shall supply the Court with one courtesy hard copy of all motion
papers by mailing or delivering them to the United States Courthouse, 40
Centre Street, New York, New York. Finally, it is further ORDERED that
the initial pretrial conference scheduled for November 25, 2013, is
adjourned sine die., ( Amended Pleadings due by 12/5/2013.) (Signed by
Judge Jesse M. Furman on 11/14/2013) (lmb) (Entered: 11/15/2013)
11/15/2013
23
LETTER MOTION to Adjourn Conference addressed to Judge Jesse M.
Furman from Jonathan Zavin dated 11/15/2013. Document filed by James
Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment.(Zavin, Jonathan)
(Entered: 11/15/2013)
11/15/2013
25
ORDER denying 23 Letter Motion to Adjourn Conference as moot in light
of the Court's order of earlier today adjourning the conference sine die.
(HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order)
(Furman, Jesse) (Entered: 11/15/2013)
12/03/2013
26
LETTER MOTION for Extension of Time on Motion to Dismiss addressed
to Judge Jesse M. Furman from Jonathan Zavin dated 12/3/2013. Document
filed by James Cameron, Lightstorm Entertainment, Twentieth Century Fox
Film Corporation, Twentieth Century Fox Home Entertainment.(Zavin,
Jonathan) (Entered: 12/03/2013)
12/03/2013
27
ORDER granting 26 Letter Motion for Extension of Time. Plaintiff is
granted until December 10, 2013, to respond to the motion to dismiss;
Defendants' reply is due by December 20, 2013. (HEREBY ORDERED by
Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered:
12/03/2013)
12/10/2013
28
MEMORANDUM OF LAW in Opposition re: 18 MOTION to Dismiss
Amended Complaint.. Document filed by William Roger Dean. (Hayes,
Steven) (Entered: 12/10/2013)
12/10/2013
29
DECLARATION of WILLIAM ROGER DEAN in Opposition re: 18
MOTION to Dismiss Amended Complaint.. Document filed by William
Roger Dean. (Attachments: # 1 Exhibit 1-9A, # 2 Exhibit 10-14, # 3 Exhibit
14A-17, # 4 Exhibit 17A-22)(Hayes, Steven) (Entered: 12/10/2013)
12/10/2013
30
LETTER addressed to Judge Jesse M. Furman from STEVEN M. HAYES
dated 12-10-2013 re: PERMISSION TO FILE HARD COPY MOTION
EXHIBITS AND REQUEST FOR ORAL ARGUMENT. Document filed
by William Roger Dean.(Hayes, Steven) (Entered: 12/10/2013)
12/12/2013
31
LETTER MOTION for Leave to File Excess Pages on Reply Memorandum
of Law in Further Support of Motion to Dismiss addressed to Judge Jesse
M. Furman from Jonathan Zavin dated December 12, 2013. Document filed
by James Cameron, Lightstorm Entertainment, Twentieth Century Fox Film
Corporation, Twentieth Century Fox Home Entertainment.(Zavin, Jonathan)
(Entered: 12/12/2013)
12/12/2013
32
ORDER granting 31 Letter Motion for Leave to File Excess Pages.
Defendants are granted up to twenty pages for their reply --- but the Court
strongly encourages them to keep their reply to as close to ten pages as
possible. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only
Order) (Furman, Jesse) (Entered: 12/12/2013)
12/20/2013
33
REPLY MEMORANDUM OF LAW in Support re: 18 MOTION to
Dismiss Amended Complaint.. Document filed by James Cameron,
Lightstorm Entertainment, Twentieth Century Fox Film Corporation,
Twentieth Century Fox Home Entertainment. (Zavin, Jonathan) (Entered:
12/20/2013)
12/20/2013
34
DECLARATION of Jonathan Strauss in Support re: 18 MOTION to
Dismiss Amended Complaint.. Document filed by William Roger Dean,
Lightstorm Entertainment, Twentieth Century Fox Film Corporation,
Twentieth Century Fox Home Entertainment. (Attachments: # 1 Exhibit
1)(Zavin, Jonathan) (Entered: 12/20/2013)
12/23/2013
35
LETTER addressed to Judge Jesse M. Furman from Jonathan Neil Strauss
dated December 23, 2013 re: Request to File Declaration with Clerk of the
Court. Document filed by James Cameron, Lightstorm Entertainment,
Twentieth Century Fox Film Corporation, Twentieth Century Fox Home
Entertainment.(Strauss, Jonathan) (Entered: 12/23/2013)
12/26/2013
36
MEMO ENDORSEMENT on re: 35 Letter, filed by Lightstorm
Entertainment, Twentieth Century Fox Home Entertainment, Twentieth
Century Fox Film Corporation, James Cameron. ENDORSEMENT: The
declarations themselves must be filed electronically, but the parties are
granted leave to submit exhibits that cannot be filed electronically in hard
copy format. Defendants shall submit two copies of each such exhibit to
Chambers, one to be filed with the Clerk and one as a courtesy copy for the
Court. (If either party previously submitted only one hard copy of an
exhibit, it shall submit a second copy forthwith.) (Signed by Judge Jesse M.
Furman on 12/26/2013) (tn) (Entered: 12/26/2013)