Northern District of Georgia (Atlanta) CIVIL DOCKET FOR CASE #: 1:13-cv-02330-AT Atlanta Photography, LLC v. Ian Marshall Realty, Inc. et al Assigned to: Judge Amy Totenberg Cause: 28:1338 Copyright Infringement Date Filed: 07/15/2013 Jury Demand: Plaintiff Nature of Suit: 820 Copyright Jurisdiction: Federal Question Plaintiff Atlanta Photography, LLC represented by Carolyn Esther Wright The Law Office of Carolyn E. Wright, LLC P.O. Box 250208 Atlanta, GA 30325 775-589-2229 Fax: 775-580-7322 Email: carolyn@photoattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Evan A. Andersen Law Office of Carolyn E. Wright, LLC P.O. Box 250208 Atlanta, GA 30325 404-496-6606 Fax: 775-588-5961 Email: evan@photoattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant Ian Marshall Realty, Inc. represented by Thomas M. Shepherd Shepherd Law, LLC Suite 2450 1180 West Peachtree Street Atlanta, GA 30305 404-492-8871 Fax: 404-287-2739 Email: tshepherd@shepherdlaw.net ATTORNEY TO BE NOTICED Defendant CM/ECF-GA Northern District Court https://ecf.gand.uscourts.gov/cgi-bin/DktRpt.pl?962704756541432-L_1_0-1 1 of 5 8/4/2014 7:11 PM Ian Marshall represented by Thomas M. Shepherd (See above for address) ATTORNEY TO BE NOTICED Defendant Albert Jones represented by Earnest H. Delong , Jr. DeLong Caldwell Bridgers & Fitzpatrick, LLC 3302 McGinnis Ferry Road Suite 100 Suwanee, GA 30024 404-979-3150 Email: woodydelong@dcbflegal.com ATTORNEY TO BE NOTICED Date Filed # Docket Text 07/15/2013 1 COMPLAINT with Jury Demand, filed by Atlanta Photography, LLC. ( Filing fee $ 400.00 receipt number 113E-4679809.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Additional attachment(s) added on 7/16/2013: # 2 Blank Summons) (eop). (Entered: 07/16/2013) 07/15/2013 2 Certificate of Interested Persons by Atlanta Photography, LLC. (eop) (Entered: 07/16/2013) 07/16/2013 3 AO Form 121 sent to the Register of Copyrights. (eop) (Entered: 07/16/2013) 07/17/2013 4 Guidelines to Parties and Counsel in Cases Proceeding Before The Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 7/17/2013. (mdy) (Entered: 07/17/2013) 08/15/2013 5 WAIVER OF SERVICE Returned Executed by Atlanta Photography, LLC. Ian Marshall Realty, Inc. waiver mailed on 7/26/2013, answer due 9/24/2013. (Andersen, Evan) (Entered: 08/15/2013) 08/15/2013 6 WAIVER OF SERVICE Returned Executed by Atlanta Photography, LLC. Ian Marshall waiver mailed on 7/26/2013, answer due 9/24/2013. (Andersen, Evan) (Entered: 08/15/2013) 08/28/2013 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM with Brief In Support by Ian Marshall. (Attachments: # 1 Brief Memorandum of Law in Support of Ian Marshall's Motion to Dismiss Plaintiff's First and Second Causes of Action)(Shepherd, Thomas) (Entered: 08/28/2013) 08/30/2013 8 ANSWER to 1 COMPLAINT with Jury Demand by Ian Marshall Realty, Inc.. Discovery ends on 1/27/2014.(Shepherd, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/30/2013) CM/ECF-GA Northern District Court https://ecf.gand.uscourts.gov/cgi-bin/DktRpt.pl?962704756541432-L_1_0-1 2 of 5 8/4/2014 7:11 PM 09/11/2013 9 RESPONSE in Opposition re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Atlanta Photography, LLC. (Andersen, Evan) (Entered: 09/11/2013) 09/13/2013 10 Consent MOTION for Extension of Time to File Answer 10/8/2013 by Albert Jones. (Bridgers, Charles) (Entered: 09/13/2013) 09/13/2013 11 WAIVER OF SERVICE Returned Executed by Atlanta Photography, LLC. Albert Jones waiver mailed on 7/26/2013, answer due 9/24/2013. (Andersen, Evan) (Entered: 09/13/2013) 09/19/2013 MINUTE ORDER GRANTING the 10 Consent Motion for Extension of Time to Answer. The date by which Defendant Albert Jones may answer or otherwise respond to Plaintiff's 1 Complaint is extended to and through October 8, 2013. Entered by Judge Amy Totenberg on 9/19/2013. (acm) (Entered: 09/19/2013) 09/23/2013 12 REPLY BRIEF re 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Ian Marshall. (Shepherd, Thomas) (Entered: 09/23/2013) 09/24/2013 Submission of 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , submitted to District Judge Amy Totenberg. (hfm) (Entered: 09/24/2013) 10/08/2013 13 ANSWER to 1 COMPLAINT by Albert Jones.(Delong, Earnest) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 10/08/2013) 10/15/2013 14 MOTION for Extension of Time to Conduct Rule 26(f) Conference and File Joint Preliminary Report and Discovery Plan by Atlanta Photography, LLC, Ian Marshall Realty, Inc., Albert Jones, Ian Marshall. (Attachments: # 1 Text of Proposed Order) (Shepherd, Thomas) (Entered: 10/15/2013) 10/16/2013 15 ORDER granting 14 Motion for Extension of Time. The parties shall conduct the Rule 26(f) conference within fourteen (14) days and shall file the Joint Preliminary Report and Discovery Plan within twenty-one (21) days of the Courts entry of an order ruling on the 7 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Signed by Judge Amy Totenberg on 10/16/13. (hfm) (Entered: 10/16/2013) 03/07/2014 16 ORDER denying 7 Motion to Dismiss for Failure to State a Claim. The Court further DIRECTS Plaintiff to re-plead Counts 1, 3, and 4 of the Complaint to assert a single count of copyright infringement that identifies each theory of liability asserted against each Defendant and that incorporates the relevant numbered preceding factual paragraphs. Plaintiff's amended complaint SHALL be filed no later than March 21, 2014. Signed by Judge Amy Totenberg on 3/7/2014. (anc) (Entered: 03/07/2014) 03/21/2014 17 First AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Atlanta Photography, LLC.(Andersen, Evan) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 03/21/2014) 03/28/2014 18 Initial Disclosures by Ian Marshall Realty, Inc., Ian Marshall.(Shepherd, Thomas) (Entered: 03/28/2014) CM/ECF-GA Northern District Court https://ecf.gand.uscourts.gov/cgi-bin/DktRpt.pl?962704756541432-L_1_0-1 3 of 5 8/4/2014 7:11 PM 03/28/2014 19 JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Atlanta Photography, LLC. (Andersen, Evan) (Entered: 03/28/2014) 03/28/2014 20 CERTIFICATE OF SERVICE of Serving Discovery and Certificate of Service (Defendant Albert Jones' Initial Disclosures) by Albert Jones.(Delong, Earnest) (Entered: 03/28/2014) 03/28/2014 21 CERTIFICATE OF SERVICE of Plaintiff's Initial Disclosures by Atlanta Photography, LLC.(Andersen, Evan) (Entered: 03/28/2014) 04/04/2014 22 ANSWER to 17 Amended Complaint by Ian Marshall.(Shepherd, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/04/2014) 04/04/2014 23 ANSWER to 17 Amended Complaint by Ian Marshall Realty, Inc..(Shepherd, Thomas) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/04/2014) 04/17/2014 24 SCHEDULING ORDER approving 19 Joint Preliminary Report and Discovery Plan. the information contained in the Joint Preliminary Report and Discovery Plan form completed and filed by the parties, the court orders that the time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as set out in the Federal Rules of Civil Procedure and the Local Rules of this Court, except as herein modified: The discovery period shall be six months, ending on September 29,2014. Signed by Judge Amy Totenberg on 4/17/14. (hfm) (Entered: 04/17/2014) 04/17/2014 Discovery ends on 9/29/2014. (hfm) (Entered: 04/17/2014) 04/22/2014 25 CERTIFICATE OF SERVICE of Discovery Material by Atlanta Photography, LLC.(Andersen, Evan) (Entered: 04/22/2014) 05/22/2014 26 CERTIFICATE OF SERVICE of Serving Discovery and Certificate of Service (Defendant Albert Jones' discovery responses) by Albert Jones.(Delong, Earnest) (Entered: 05/22/2014) 05/23/2014 27 CERTIFICATE OF SERVICE of Serving Discovery and Certificate of Service (Defendant Albert Jones' discovery requests to Plaintiff) by Albert Jones.(Delong, Earnest) (Entered: 05/23/2014) 06/02/2014 28 CERTIFICATE OF SERVICE for Defendant IMR's Responses to Plaintiff's First Interrogatories, First Document Requests and First Request for Admissions; and for Defendant Marshall's Responses to Plaintiff's First Document Requests, First Interrogatories and First Request for Admissions by Ian Marshall Realty, Inc., Ian Marshall.(Shepherd, Thomas) (Entered: 06/02/2014) 06/06/2014 29 CERTIFICATE OF SERVICE for Defendant Marshall's First Interrogatories, Document Requests and Request for Admissions to Plaintiff by Ian Marshall. (Shepherd, Thomas) (Entered: 06/06/2014) 06/26/2014 30 CERTIFICATE OF SERVICE of Discovery Material by Atlanta Photography, LLC.(Andersen, Evan) (Entered: 06/26/2014) CM/ECF-GA Northern District Court https://ecf.gand.uscourts.gov/cgi-bin/DktRpt.pl?962704756541432-L_1_0-1 4 of 5 8/4/2014 7:11 PM 07/10/2014 31 CERTIFICATE OF SERVICE of Discovery Material by Atlanta Photography, LLC.(Andersen, Evan) (Entered: 07/10/2014) 07/31/2014 32 Petition for Leave of Absence for the following date(s): 9/3/14, 9/4/14, 9/5/14, 9/6/14, 9/7/14, 9/8/14, 9/9/14, 9/10/14, by Thomas M. Shepherd. (Shepherd, Thomas) (Entered: 07/31/2014) PACER Service Center Transaction Receipt 08/04/2014 19:03:13 PACER Login: im0564 Client Code: Description: Docket Report Search Criteria: 1:13-cv-02330-AT Billable Pages: 4 Cost: 0.40 CM/ECF-GA Northern District Court https://ecf.gand.uscourts.gov/cgi-bin/DktRpt.pl?962704756541432-L_1_0-1 5 of 5 8/4/2014 7:11 PM