Miller v. Apple, Inc.

New York Southern District Court
Judge:John P Cronan
Referred: Robyn F Tarnofsky
Case #: 1:25-cv-01172
Nature of Suit820 Property Rights - Copyrights
Cause17:501 Copyright Infringement
Case Filed:Feb 10, 2025
Last checked: Monday Feb 10, 2025 5:10 PM EST
Defendant
Apple, Inc.
Plaintiff
John W. Miller
33 Gill Rd.
Waltham, MA 02453


Docket last updated: 3 hours ago
Friday, February 21, 2025
7 7 order Order of Service Fri 02/21 3:31 PM
ORDER Pending before the Court are motions to enforce a judgment (ECF 4) and for an evidentiary hearing and subpoena request (ECF 5). This case has been referred to the undersigned for general pretrial supervision as well as issuing reports and recommendations on dispositive motions. (ECF 6.) Neither of the pending motions may appropriately be considered until Defendant has been served with the summons and Complaint (ECF 1) and afforded an opportunity to respond. The Clerk of Court is respectfully requested to issue a summons. Plaintiffshall within 90 days of the date the summons is issued either 1) serve the summons onDefendant and file proof of service on the docket or 2) secure a valid waiver of service and file iton the docket. Failure to timely serve Defendant or secure a valid waiver of service may result in a report and recommendation to Judge Cronan that this case be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, which permits dismissal for failure to make timely service. SO ORDERED. (Signed by Magistrate Judge Robyn F. Tarnofsky on 2/21/2025) (jca)
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Thursday, February 20, 2025
misc Mailing Receipt Thu 02/20 10:59 AM
MAILING RECEIPT: Document No: 6. Mailed to: John W. Miller 33 Gill Rd. Waltham, MA 02453. (ne)
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Wednesday, February 19, 2025
6 6 1 pgs order Order Referring Case to Magistrate Judge Wed 02/19 12:21 PM
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Robyn F. Tarnofsky. SO ORDERED. Motions referred to Robyn F. Tarnofsky. (Signed by Judge John P. Cronan on 2/19/2025) (jca)
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Tuesday, February 18, 2025
misc Pro Se Payment of Fee - Processed Tue 02/18 11:13 AM
Pro Se Payment of Fee Processed: Wire transfer processed by the Finance Department on 2/18/20245, Receipt Number NYSDCLERK25-00077. (cde) Modified on 2/18/2025 (cde)
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notice Notice of Case Assignment/Reassignment Tue 02/18 4:36 PM
NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Laura Taylor Swain is no longer assigned to the case. (vba)
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utility Case Designation Tue 02/18 4:37 PM
Magistrate Judge Robyn F. Tarnofsky is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (vba)
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Friday, February 14, 2025
5 5 motion Hearing Wed 02/19 10:24 AM
MOTION FOR EVIDENTIARY HEARING AND SUBPOENA REQUEST. Document filed by John W. Miller..(kgo)
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4 4 motion Enforce Judgment Wed 02/19 10:21 AM
MOTION to Enforce Judgment. Document filed by John W. Miller..(kgo) Modified on 2/19/2025 (nb)
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notice Notice of Case Assignment/Reassignment - Sua Sponte Fri 02/14 4:58 PM
NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (vba)
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Tuesday, February 11, 2025
3 3 cmp Amended Complaint Tue 02/11 10:22 AM
AMENDED COMPLAINT amending1 Complaint against Apple, Inc. with JURY DEMAND. Document filed by John W. Miller. Related document:1 Complaint. (sac)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
misc Mailing Receipt Tue 02/11 11:08 AM
MAILING RECEIPT: Document No: 2. Mailed to: John W. Miller 33 Gill Rd. Waltham, MA 02453. (ak)
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Monday, February 10, 2025
2 2 order Standing Order re Cases Filed By Pro Se Plaintiffs Mon 02/10 4:27 PM
STANDING ORDER IN RE CASES FILED BY PRO SE PLAINTIFFS (See 24-MISC-127 Standing Order filed March 18, 2024). To ensure that all cases heard in the Southern District of New York are handled promptly and efficiently, all parties must keep the court apprised of any new contact information. It is a party's obligation to provide an address for service; service of court orders cannot be accomplished if a party does not update the court when a change of address occurs. Accordingly, all self-represented litigants are hereby ORDERED to inform the court of each change in their address or electronic contact information. Parties may[LINK:consent to electronic service] to receive notifications of court filings by email, rather than relying on regular mail delivery. Parties may also ask the court for[LINK:permission to file documents electronically] . Forms, including instructions for consenting to electronic service and requesting permission to file documents electronically, may be found by clicking on the hyperlinks in this order, or by accessing the forms on the courts website, nysd.uscourts.gov/forms. The procedures that follow apply only to cases filed by pro se plaintiffs. If the court receives notice from the United States Postal Service that an order has been returned to the court, or otherwise receives information that the address of record for a self-represented plaintiff is no longer valid, the court may issue an Order to Show Cause why the case should not be dismissed without prejudice for failure to comply with this order. Such order will be sent to the plaintiffs last known address and will also be viewable on the court's electronic docket. A notice directing the parties' attention to this order shall be docketed (and mailed to any self-represented party that has appeared and has not consented to electronic service) upon the opening of each case or miscellaneous matter that is classified as pro se in the court's records. (Signed by Judge Laura Taylor Swain on 03/18/2024) (sac)
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1 1 18 pgs cmp Complaint Mon 02/10 4:25 PM
COMPLAINT against Apple, Inc. Document filed by John W. Miller. (sac)
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Att: 1 Exhibit Main Document_Part 1,
Att: 2 Exhibit Main Document_Part 2,
Att: 3 Exhibit Main Document_Part 3,
Att: 4 Exhibit Main Document_Part 4
utility Case Designated ECF Mon 02/10 4:26 PM
Case Designated ECF. (sac)
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service Note Regarding Service on Self-Represented Party Mon 02/10 4:27 PM
CASE MANAGEMENT NOTE: For each electronic filing made in a case involving a self-represented party who has not consented to electronic service, the filing party must serve the document on such self-represented party in a manner permitted by Fed. R. Civ. P. 5(b)(2) (other than through the ECF system) and file proof of service for each document so served. Please see[LINK:Rule 9.2] of the courts ECF Rules & Instructions for further information. (sac)
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