This case was last updated from U.S. District Courts on 05/03/2022 at 07:47:56 (UTC).

Nexstar Media, Inc. v. Jaros et al

Case Summary

On March 4, 2022, Nexstar Media, Inc. (“Nexstar” or “Plaintiff”), represented by Charles Collins Lemley of Wiley Rein, LLP, filed an intellectual property lawsuit against Jennifer Jaros and Jay is 4 Justice Podcast LLC (collectively, “Defendants”), seeking money judgment and injunctive relief along with pre-judgment and post-judgment interest among other reliefs for the alleged copyright infringement. This case was filed in the U.S. District Court in the Middle District of Florida with Judges Charlene Edwards Honeywell and Sean P. Flynn presiding.

The Plaintiff alleged that the complaint is “for injunctive relief and damages based on copyright infringement arising under the Copyright Act of the United States, as amended, 17 U.S.C. § 101, et seq. (‘Copyright Act’). Defendants’ unauthorized copying and distribution of [Nexstar’s] timely-registered copyrighted works was willful, and damaged Nexstar, while unjustly enriching the Defendants.” The Plaintiff alleged that “Nexstar is a leading diversified media company that leverages localism to bring new services and value to consumers and advertisers through its traditional media, digital, and mobile media platforms.”

In the complaint, the Plaintiff further alleged that, “Defendant J4J Podcast distributes podcasts and videos in the ‘true crime’ genre through a number of channels including but not limited to Apple Podcasts, YouTube, Twitter, and Facebook,” and that “On information and belief, Defendant J4J Podcast did not employ any photojournalists, reporters, or news producers to develop original reporting, videography, and coverage regarding the search for Brian Laundrie.” The Plaintiff also alleged that “on multiple occasions, Defendant J4J Podcast, without Nexstar’s authorization, consent, or license, copied and/or retransmitted substantial portions of the WFLA Works as part of podcasts and/or videos prepared and/or distributed by Defendant J4J Podcast (the ‘Infringing Works’).”

Furthermore, the Plaintiff alleged that, “The Infringing Works included numerous videos streamed using YouTube’s live streaming feature and/or uploaded to YouTube and distributed or performed to the public.”  The Plaintiff believes that Defendant Jaros allegedly “directed Defendant J4J Podcast to engage in the aforementioned acts, and/or personally participated in the aforementioned acts, including the insertion of the WFLA Works into the materials distributed by J4J Podcast and the distribution of the Infringing Works to the public.” The Plaintiff also alleged that after learning about Defendants’ alleged infringement of the WFLA Works, “a Nexstar attorney submitted numerous takedown notifications to YouTube asking that it remove the Infringing Works pursuant to the Digital Millennium Copyright Act.”

Moreover, the Plaintiff alleged that, “In response to each removal, Defendants submitted a counter notification in which they admitted to using ‘the content of someone else’ but claimed that such use falls within the fair use exception under the Copyright Act,” and “Through their infringement of the WFLA Works, Defendants have diverted viewers from consuming the WFLA Works through Nexstar’s own distribution channels, including Nexstar’s broadcasts, websites, and social media accounts and deprived Nexstar of the benefits arising from the use of such distribution channels.”

There is one claim of relief laid down by the Plaintiff for the alleged copyright infringement under 17 U.S.C. § 501, et seq.

In the prayer for relief, the Plaintiff requested the court for injunctive relief and money judgment including actual damages; an award of statutory damages as permitted by the Copyright Act, including enhanced statutory damages of $150,000 for each Infringed Work based on willful infringement; pre-judgment and post-judgment interest; reasonable attorney’s fees and costs and any other relief the court deems just and proper.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    8:22-CV-00516

  • Filing Date:

    03/04/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Charlene Edwards Honeywell

Referral Judge

Sean P. Flynn

 

Party Details

Plaintiffs

Nexstar Media, Inc

Nexstar Media, Inc.

Defendants

Jennifer Jaros

Jay is 4 Justice Podcast LLC

Jay is 4 Justice Podcast, LLC

Attorney/Law Firm Details

Plaintiff Attorneys

Charles Collins Lemley

Attorney at Wiley Rein, LLP

1776 K Street Nw

Washington, DC 20006

Ari Scott Meltzer

Attorney at Wiley LLP

2050 M Street Nw

Washington, DC 20036

 

Court Documents

#21

(#21) MOTION to Strike #20 Answer to Complaint by Nexstar Media, Inc. (Meltzer, Ari) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 4/11/2022 (CTR). (Entered: 04/11/2022)

#20

(#20) ANSWER and affirmative defenses to #1 Complaint by Jennifer Jaros.(CTR) (Entered: 04/07/2022)

#19

(#19) Clerk's ENTRY OF DEFAULT as to Jay is 4 Justice Podcast, LLC (CTR) (Entered: 04/05/2022)

18 #1

Text of Proposed Order

#18

(#18) MOTION for Clerk's Default against Jay is 4 Justice Podcast, LLC by Nexstar Media, Inc. (Attachments: #1 Text of Proposed Order)(Meltzer, Ari) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 4/5/2022 (CTR). (Entered: 04/05/2022)

#17

(#17) PROOF of service by Nexstar Media, Inc. (Lemley, Charles) (Entered: 03/16/2022)

#15

(#15) Amended MOTION for Ari Meltzer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19329412 for $150 by Nexstar Media, Inc.. (Lemley, Charles) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 03/10/2022)

#13

(#13) SUMMONS issued as to Jennifer Jaros, Jay is 4 Justice Podcast, LLC. (CTR) (Entered: 03/08/2022)

#12

(#12) CORPORATE Disclosure Statement by Nexstar Media, Inc. (Lemley, Charles) Modified on 3/8/2022 (CTR). (Entered: 03/07/2022)

#10

(#14) ENDORSED ORDER denying without prejudice #10 Motion to Appear Pro Hac Vice. On February 1, 2021, the Middle District of Florida's revised Local Rules became effective. Attorney Meltzer is directed to comply with the requirements set forth in the new Local Rule 2.01(c). In particular, Local Rule 2.01(c)(4) requires a lawyer moving for special admission in an action to "list each case in a state or federal court in Florida in which the lawyer has initially appeared in the last thirty-six months." Signed by Magistrate Judge Sean P. Flynn on 3/8/2022. (CED) (Entered: 03/08/2022)

#9

(#9) PROPOSED summons to be issued by Nexstar Media, Inc. (Lemley, Charles) Modified on 3/8/2022 (CTR). (Entered: 03/07/2022)

#8

(#8) PROPOSED summons to be issued by Nexstar Media, Inc.(Lemley, Charles) Modified on 3/8/2022 (CTR). (Entered: 03/07/2022)

6 #1

Complaint and Exhibits

#6

(#6) Copyright Report sent to Washington. (Attachments: #1 Complaint and Exhibits) (BD) (Entered: 03/07/2022)

#4

(#4) NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) (Entered: 03/07/2022)

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

#1

(#20) ANSWER and affirmative defenses to #1 Complaint by Jennifer Jaros.(CTR) (Entered: 04/07/2022)

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Docket Entries

  • 04/11/2022
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  • Docket(#21) MOTION to Strike #20 Answer to Complaint by Nexstar Media, Inc. (Meltzer, Ari) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 4/11/2022 (CTR). (Entered: 04/11/2022)

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  • 04/06/2022
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  • Docket(#20) ANSWER and affirmative defenses to #1 Complaint by Jennifer Jaros.(CTR) (Entered: 04/07/2022)

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  • 04/05/2022
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  • Docket(#19) Clerk's ENTRY OF DEFAULT as to Jay is 4 Justice Podcast, LLC (CTR) (Entered: 04/05/2022)

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  • 04/05/2022
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  • Docket(#18) MOTION for Clerk's Default against Jay is 4 Justice Podcast, LLC by Nexstar Media, Inc. (Attachments: #1 Text of Proposed Order)(Meltzer, Ari) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 4/5/2022 (CTR). (Entered: 04/05/2022)

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  • 03/16/2022
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  • Docket(#17) PROOF of service by Nexstar Media, Inc. (Lemley, Charles) (Entered: 03/16/2022)

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  • 03/14/2022
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  • Docket(#16) ENDORSED ORDER granting #15 Motion to Appear Pro Hac Vice. Attorney Meltzer may appear pro hac vice on behalf of Plaintiff. Within twenty-one (21) days of the date of this Order, counsel shall comply with the fee and electronic filing registration requirements of Local Rule 2.01(c)(5). Signed by Magistrate Judge Sean P. Flynn on 3/14/2022. (CED) (Entered: 03/14/2022)

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  • 03/10/2022
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  • Docket(#15) Amended MOTION for Ari Meltzer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19329412 for $150 by Nexstar Media, Inc.. (Lemley, Charles) Motions referred to Magistrate Judge Sean P. Flynn. (Entered: 03/10/2022)

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  • 03/08/2022
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  • Docket(#14) ENDORSED ORDER denying without prejudice #10 Motion to Appear Pro Hac Vice. On February 1, 2021, the Middle District of Florida's revised Local Rules became effective. Attorney Meltzer is directed to comply with the requirements set forth in the new Local Rule 2.01(c). In particular, Local Rule 2.01(c)(4) requires a lawyer moving for special admission in an action to "list each case in a state or federal court in Florida in which the lawyer has initially appeared in the last thirty-six months." Signed by Magistrate Judge Sean P. Flynn on 3/8/2022. (CED) (Entered: 03/08/2022)

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  • 03/08/2022
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  • Docket(#13) SUMMONS issued as to Jennifer Jaros, Jay is 4 Justice Podcast, LLC. (CTR) (Entered: 03/08/2022)

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  • 03/07/2022
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  • Docket(#12) CORPORATE Disclosure Statement by Nexstar Media, Inc. (Lemley, Charles) Modified on 3/8/2022 (CTR). (Entered: 03/07/2022)

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1 More Docket Entries
  • 03/07/2022
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  • Docket(#10) MOTION for Ari Meltzer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-19311942 for $150 by Nexstar Media, Inc. (Lemley, Charles) Motions referred to Magistrate Judge Sean P. Flynn. Modified on 3/8/2022 (CTR). (Entered: 03/07/2022)

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  • 03/07/2022
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  • Docket(#9) PROPOSED summons to be issued by Nexstar Media, Inc. (Lemley, Charles) Modified on 3/8/2022 (CTR). (Entered: 03/07/2022)

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  • 03/07/2022
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  • Docket(#8) PROPOSED summons to be issued by Nexstar Media, Inc.(Lemley, Charles) Modified on 3/8/2022 (CTR). (Entered: 03/07/2022)

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  • 03/07/2022
  • Docket(#7) NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (BD) (Entered: 03/07/2022)

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  • 03/07/2022
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  • Docket(#6) Copyright Report sent to Washington. (Attachments: #1 Complaint and Exhibits) (BD) (Entered: 03/07/2022)

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  • 03/07/2022
  • Docket(#5) NOTICE to counsel Ari Scott Meltzer of Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; (Signed by Deputy Clerk). (BD) (Entered: 03/07/2022)

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  • 03/07/2022
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  • Docket(#4) NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (BGS) (Entered: 03/07/2022)

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  • 03/07/2022
  • Docket(#3) NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement with the first appearance that identifies (1) each person that has or might have an interest in the outcome, (2) each entity with publicly traded shares or debt potentially affected by the outcome, (3) each additional entity likely to actively participate, and (4) each person arguably eligible for restitution. The disclosure statement must include this certification - I certify that, except as disclosed, I am unaware of an actual or potential conflict of interest affecting the district judge or the magistrate judge in this action, and I will immediately notify the judge in writing within fourteen days after I know of a conflict. (Signed by Deputy Clerk). (BGS) (Entered: 03/07/2022)

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  • 03/04/2022
  • Docket(#2) NEW CASE ASSIGNED to Judge Charlene Edwards Honeywell and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-0516-CEH-SPF. (SJB) (Entered: 03/04/2022)

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  • 03/04/2022
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  • Docket(#1) COMPLAINT against Jennifer Jaros, Jay is 4 Justice Podcast, LLC (Filing fee $402 receipt number AFLMDC-19303974) filed by Nexstar Media, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Lemley, Charles) Modified on 3/7/2022 to correct docket text (BD). (Entered: 03/04/2022)

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