Kennedy v. LaCasse et al
| New York Southern District Court | |
| Judge: | Kenneth M Karas |
| Case #: | 7:17-cv-02970 |
| Nature of Suit | 820 Property Rights - Copyrights |
| Cause | 17:101 Copyright Infringement |
| Case Filed: | Apr 24, 2017 |
| Terminated: | Aug 29, 2017 |
| Last checked: Saturday Oct 21, 2017 6:10 AM EDT |
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Counter Claimant
Blue Barn Bed and Breakfast LLC
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Represented By
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Counter Claimant
Joan LaCasse
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Represented By
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Counter Claimant
Emily Ritz
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Represented By
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Counter Claimant
Kaily Ritz
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Represented By
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Counter Defendant
Donald Kennedy
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Defendant
Blue Barn Bed and Breakfast LLC
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Represented By
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Defendant
Joan LaCasse
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Represented By
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Defendant
Kaily Ritz
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Represented By
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Defendant
Emily Ritz
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Represented By
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Plaintiff
Donald Kennedy
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Represented By
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| Docket last updated: 02/25/2025 11:59 PM EST |
| Tuesday, August 29, 2017 | ||
| 24 | 24
transfer
Case Remanded Out - State Court
Tue 08/29 4:59 PM
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of Kings. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E532210017723 on 8/29/17. (yv) |
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| 23 | 23
5
pgs
order
Order on Motion to Consolidate Cases
Tue 08/29 2:42 PM
ORDER denying19 Letter Motion to Consolidate Cases. The Court recognizes the possibility that retaining the case and consolidating it with the parallel federal action may conserve some judicial resources, but this fact alone does not outweigh the significant interests of fairness to the plaintiff, who elected a state forum in good faith and without any expectation that the case would be removed, and comity. The Second Circuit has cautioned against the exercise of supplemental jurisdiction where all federal claims are dismissed at an early stage, Valencia, 316 F.3d at 306, and the circumstances here do not provide compelling reasons to depart from that rule. For the foregoing reasons, the case will be remanded forthwith to the Supreme Court of the State of New York, County of Kings. SO ORDERED. (Signed by Judge Kenneth M. Karas on 8/28/17) (yv) |
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misc
Transmission to Docket Assistant Clerk
Tue 08/29 2:43 PM
Transmission to Docket Assistant Clerk. Transmitted re:23 Order on Motion to Consolidate Cases, to the Docket Assistant Clerk for case processing. (yv) |
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| Thursday, August 10, 2017 | ||
| 22 | 22
misc
Letter
Thu 08/10 2:54 PM
LETTER addressed to Judge Kenneth M. Karas from Brooke D. Youngwirth, Esq. dated August 8, 2017 re: Disregard Plaintiff's submission. Document filed by Blue Barn Bed and Breakfast LLC, Joan LaCasse, Emily Ritz, Kaily Ritz.(Youngwirth, Brooke) |
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| Monday, August 07, 2017 | ||
| 21 | 21
notice
Notice of Appearance
Mon 08/07 4:02 PM
NOTICE OF APPEARANCE by Henry James Joseph on behalf of Donald Kennedy. (Joseph, Henry) |
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| 20 | 20
misc
Letter
Mon 08/07 4:00 PM
LETTER addressed to Judge Kenneth M. Karas from Henry James Joseph, Esq. dated August 7, 2017 re: Court's Opinion and Order dated July 20, 2017. Document filed by Donald Kennedy.(Joseph, Henry) |
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| Thursday, August 03, 2017 | ||
| 19 | 19
motion
Consolidate Cases
Thu 08/03 9:56 AM
LETTER MOTION to Consolidate Cases 17-cv-02970 and 17-cv-01839 addressed to Judge Kenneth M. Karas from Brooke D. Youngwirth, Esq. dated August 3, 2017. Document filed by Blue Barn Bed and Breakfast LLC, Joan LaCasse, Emily Ritz, Kaily Ritz.(Youngwirth, Brooke) |
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| Wednesday, July 12, 2017 | ||
| 17 | 17
respoth
Reply (non-motion)
Wed 07/12 1:14 PM
FIRST REPLY TO DEFENDANTS' COUNTERCLAIMS . Document filed by Donald Kennedy. (Joseph, Henry) |
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| Tuesday, May 30, 2017 | ||
| 15 | 15
respoth
Response to Order to Show Cause
Tue 05/30 4:40 PM
RESPONSE TO ORDER TO SHOW CAUSE re:12 Order to Show Cause,,,. Document filed by Blue Barn Bed and Breakfast LLC, Joan LaCasse, Emily Ritz.(Youngwirth, Brooke) |
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Att: 1
Affidavit Joan LaCasse,
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Att: 2
Affidavit Emily Ritz,
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Att: 3
Affidavit Kaily Ritz,
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Att: 4
Exhibit A,
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Att: 5
Exhibit B,
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Att: 6
Exhibit C,
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Att: 7
Exhibit D,
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Att: 8
Exhibit E,
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Att: 9
Affidavit Affidavit of Service,
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Att: 10
Supplement Memorandum of Law,
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Att: 11
Affidavit Affidavit of Service
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| 14 | 14
service
Affidavit of Service Other
Tue 05/30 3:22 PM
AFFIDAVIT OF SERVICE of Memorandum of Law in Support of Remand served on Brooke D. Youngwirth, Esq. on May 30, 2017. Document filed by Donald Kennedy. (Joseph, Henry) |
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| 13 | 13
respoth
Memorandum of Law in Support (non-motion)
Tue 05/30 2:31 PM
FIRST MEMORANDUM OF LAW in Support re:12 Order to Show Cause,,, . Document filed by Donald Kennedy. (Joseph, Henry) |
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| Tuesday, May 02, 2017 | ||
| 12 | 12
order
Order to Show Cause
Tue 05/02 10:44 AM
ORDER TO SHOW CAUSE. It is hereby: ORDERED that Defendants shall show cause, by no later than May 30, 2017, as to why the present Action should not either be transferred to the Eastern District of New York or remanded to the state court for lack of jurisdiction. Plaintiff may also submit a response to this Order To Show Cause by May 30, 2017. If either Party contends that both transfer and dismissal are warranted, that Party should indicate which course the Court is obliged to undertake first. The submissions must follow the Individual Rules of Practice for this Court regarding memoranda of law, except that the submissions may not exceed 15 pages. The Court will not construe any submissions by Plaintiff in response to this Order To Show Cause as waiving any other arguments for why remand may be warranted. SO ORDERED. (Show Cause Response due by 5/30/2017.) (Signed by Judge Kenneth M. Karas on 5/1/17) (yv) |
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| Monday, May 01, 2017 | ||
| 11 | 11
service
Affidavit of Service Other
Mon 05/01 11:53 AM
AFFIDAVIT OF SERVICE of Answer with Counterclaims served on DONALD KENNEDY on 05/1/2017. Service was accepted by Henry James Joseph, Attorney. Service was made by MAIL. Document filed by Blue Barn Bed and Breakfast LLC, Joan LaCasse, Emily Ritz, Kaily Ritz. (Youngwirth, Brooke) |
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| 10 | 10
answer
Answer to Complaint Counterclaim
Mon 05/01 11:15 AM
ANSWER to Complaint with JURY DEMAND., COUNTERCLAIM against Donald Kennedy. Document filed by Emily Ritz, Blue Barn Bed and Breakfast LLC, Joan LaCasse, Kaily Ritz.(Youngwirth, Brooke) |
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Att: 1
Exhibit Exhibit A February Agreement,
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Att: 2
Exhibit Exhibit B March Agreement
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| 9 | 9
misc
Rule 7.1 Corporate Disclosure Statement
Mon 05/01 10:13 AM
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Blue Barn Bed and Breakfast LLC.(Youngwirth, Brooke) |
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| Friday, April 28, 2017 | ||
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utility
Case Accepted as Related
Fri 04/28 12:40 PM
CASE ACCEPTED AS RELATED. Create association to 7:17-cv-01839-KMK. Notice of Assignment to follow. (wb) |
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notice
Notice of Case Assignment/Reassignment
Fri 04/28 12:40 PM
NOTICE OF CASE REASSIGNMENT to Judge Kenneth M. Karas. Judge Unassigned is no longer assigned to the case. (wb) |
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utility
Case Designation
Fri 04/28 12:41 PM
Magistrate Judge Lisa M. Smith is so designated. (wb) |
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| Thursday, April 27, 2017 | ||
| 8 | 8
misc
Statement of Relatedness
Thu 04/27 10:18 AM
STATEMENT OF RELATEDNESS re: that this action be filed as related to 17-cv-01839. Document filed by Blue Barn Bed and Breakfast LLC, Joan LaCasse, Emily Ritz, Kaily Ritz.(Youngwirth, Brooke) |
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Att: 1
Affidavit Affidavit of Service
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| Wednesday, April 26, 2017 | ||
| 7 | 7
misc
AO 121 Form Copyright - Case Opening - Submitted
Wed 04/26 1:42 PM
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vf) |
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| 6 | 6
service
Affidavit of Service Other
Wed 04/26 11:58 AM
AFFIDAVIT OF SERVICE of Civil Cover Sheet; A0-121 served on Plaintiff's Counsel(s); Kings County Clerk on 4/26/17. Service was made by Mail. Document filed by Blue Barn Bed and Breakfast LLC, Joan LaCasse, Emily Ritz, Kaily Ritz. (Youngwirth, Brooke) |
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| 5 | 5
misc
AO 121 Form Copyright - Notice of Submission by Attorney
Wed 04/26 11:36 AM
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Youngwirth, Brooke) |
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| 4 | 4
misc
Civil Cover Sheet
Wed 04/26 11:34 AM
CIVIL COVER SHEET filed. (Youngwirth, Brooke) |
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notice
Case Opening Initial Assignment Notice
Wed 04/26 1:28 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) |
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utility
Case Designated ECF
Wed 04/26 1:30 PM
Case Designated ECF. (vf) |
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utility
Case Referred as Possibly Related/Similar
Wed 04/26 1:33 PM
CASE REFERRED TO Judge Kenneth M. Karas as possibly similar to 7:17-cv-1839. (vf) |
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| Monday, April 24, 2017 | ||
| 3 | 3
service
Affidavit of Service Other
Mon 04/24 5:02 PM
AFFIDAVIT OF SERVICE of Notice of Removal and Civil Cover Sheet served on Plaintiff's Counsel(s); Kings County Clerk on 4/24/17. Service was made by Mail. Document filed by Blue Barn Bed and Breakfast LLC, Joan LaCasse, Kaily Ritz, emily ritz. (Youngwirth, Brooke) |
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| 2 | 2
misc
Civil Cover Sheet
Mon 04/24 4:12 PM
CIVIL COVER SHEET filed. (Youngwirth, Brooke) |
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| 1 | 1
notice
Notice of Removal
Mon 04/24 4:10 PM
NOTICE OF REMOVAL from Supreme Court, County of Kings. Case Number: 1-17. (Filing Fee $ 400.00, Receipt Number 0208-13578292).Document filed by emily ritz, Blue Barn Bed and Breakfast LLC, Joan LaCasse, Kaily Ritz.(Youngwirth, Brooke) |
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Att: 1
Exhibit Exhibit A,
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Att: 2
Exhibit Exhibit B,
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Att: 3
Exhibit Exhibit C,
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Att: 4
Affidavit Affidavit of Service
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misc
Notice to Attorney Regarding Deficient Civil Cover Sheet
Tue 04/25 10:26 AM
***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Brooke Dana Youngwirth to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil Cover sheet marked as similar, the case number information section is not provided. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (vf) |
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misc
Notice to Attorney to Submit AO 120 Form/AO 121 Form
Tue 04/25 10:27 AM
***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Brooke Dana Youngwirth to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (vf) |
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misc
Notice to Attorney to Submit/File Related Case Statement
Tue 04/25 10:33 AM
***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Brooke Dana Youngwirth, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (vf) |
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