This case was last updated from U.S. District Courts on 06/19/2022 at 07:06:30 (UTC).

Pena v. Barstool Sports, Inc.

Case Summary

On 04/20/2022 Pena filed an Intellectual Property - Copyright lawsuit against Barstool Sports, Inc. This case was filed in U.S. District Courts, New York Southern District Court. The Judge overseeing this case is Katherine Polk Failla. The case status is Disposed - Other Disposed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:22-CV-03229

  • Filing Date:

    04/20/2022

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Katherine Polk Failla

 

Party Details

Plaintiff

Rogelio A. Pena

Defendant

Barstool Sports, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

James H. Freeman

Attorney at Sanders Law Group

100 Garden City Plaza, Ste 500

Garden City, NY 11530

Craig B. Sanders

Attorney at Sanders Law Group

100 Garden City Plaza, Ste 5Th Floor

Garden City, NY 11530

Defendant Attorney

Barry Werbin

Attorney at Herrick, Feinstein LLP (NYC)

2 Park Avenue

New York, NY 10016

 

Court Documents

15 #1

Order of Dismissal

15 #15

Main Document

#14

(#14) ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 5/31/2022) (rro) (Entered: 05/31/2022)

#13

(#13) CONSENT LETTER addressed to Judge Katherine Polk Failla from James Freeman dated 5/26/22 re: Notice of Settlement / Request for 30-Day Discontinuance. Document filed by Rogelio A. Pena..(Freeman, James) (Entered: 05/26/2022)

#12

(#12) NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 9, 2022, at 12:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. And as set forth herein. SO ORDERED.Telephone Initial Conference set for 6/9/2022 at 12:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/18/2022) (ama) (Entered: 05/18/2022)

#11

(#11) ORDER granting #10 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla. Application GRANTED. Defendant shall respond to the Complaint on or before May 27, 2022. The Clerk of Court is directed to terminate the pending motion at docket number 10. SO ORDERED. Barstool Sports, Inc. answer due 5/27/2022. (Signed by Judge Katherine Polk Failla on 5/10/2022) (mml) (Entered: 05/10/2022)

#10

(#10) CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla. Document filed by Barstool Sports, Inc...(Werbin, Barry) (Entered: 05/10/2022)

#9

(#9) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Barstool Sports, Inc...(Werbin, Barry) (Entered: 05/05/2022)

#8

(#8) NOTICE OF APPEARANCE by Barry Werbin on behalf of Barstool Sports, Inc...(Werbin, Barry) (Entered: 05/05/2022)

#7

(#7) NOTICE OF APPEARANCE by James H. Freeman on behalf of Rogelio A. Pena..(Freeman, James) (Entered: 04/25/2022)

#6

(#6) SUMMONS RETURNED EXECUTED. Barstool Sports, Inc. served on 4/22/2022, answer due 5/13/2022. Service was accepted by Amy McLaren, Managing Agent. Document filed by Rogelio A. Pena..(Sanders, Craig) (Entered: 04/25/2022)

#5

(#5) ELECTRONIC SUMMONS ISSUED as to Barstool Sports, Inc.. (sj) (Entered: 04/21/2022)

#4

***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Craig B. Sanders to RE-FILE re: Document No. #4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 121 Copyright form is not correct; the Plaintiff field on the AO 121 Copyright form has the incorrect party name. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form Do not re-file the form. The Court has corrected the deficiency/deficiencies.. (sj) (Entered: 04/21/2022)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Barstool Sports, Inc., re: #1 Complaint. Document filed by Rogelio A. Pena..(Sanders, Craig) (Entered: 04/20/2022)

#2

(#2) CIVIL COVER SHEET filed..(Sanders, Craig) (Entered: 04/20/2022)

1 #2

Exhibit Infringing Use of the Photograph

1 #1

Exhibit Original Photograph

1 #1

Main Document

6 More Documents Available

 

Docket Entries

  • 05/31/2022
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  • Docket(#15) AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 5/31/2022 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (Attachments: #1 Order of Dismissal).(rro) (Entered: 05/31/2022)

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  • 05/31/2022
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  • Docket(#14) ORDER: Accordingly, it is hereby: ORDERED that this action be conditionally discontinued without prejudice and without costs; provided, however, that within thirty (30) days of the date of this Order, the parties may submit to the Court their own Stipulation of Settlement and Dismissal for the Court to So Order. Otherwise, within such time Plaintiff may apply by letter for restoration of the action to the active calendar of this Court in the event that the settlement is not consummated. Upon such application for reinstatement, the parties shall continue to be subject to the Court's jurisdiction, the Court shall promptly reinstate the action to its active docket, and the parties shall be directed to appear before the Court, without the necessity of additional process, on a date within ten (10) days of the application, to schedule remaining pretrial proceedings and/or dispositive motions, as appropriate. This Order shall be deemed a final discontinuance of the action with prejudice in the event that Plaintiff has not requested restoration of the case to the active calendar within such 30-day period. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 5/31/2022) (rro) (Entered: 05/31/2022)

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  • 05/26/2022
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  • Docket(#13) CONSENT LETTER addressed to Judge Katherine Polk Failla from James Freeman dated 5/26/22 re: Notice of Settlement / Request for 30-Day Discontinuance. Document filed by Rogelio A. Pena..(Freeman, James) (Entered: 05/26/2022)

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  • 05/18/2022
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  • Docket(#12) NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on June 9, 2022, at 12:30 p.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. And as set forth herein. SO ORDERED.Telephone Initial Conference set for 6/9/2022 at 12:30 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 5/18/2022) (ama) (Entered: 05/18/2022)

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  • 05/10/2022
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  • Docket(#11) ORDER granting #10 CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla. Application GRANTED. Defendant shall respond to the Complaint on or before May 27, 2022. The Clerk of Court is directed to terminate the pending motion at docket number 10. SO ORDERED. Barstool Sports, Inc. answer due 5/27/2022. (Signed by Judge Katherine Polk Failla on 5/10/2022) (mml) (Entered: 05/10/2022)

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  • 05/10/2022
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  • Docket(#10) CONSENT LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Katherine Polk Failla. Document filed by Barstool Sports, Inc...(Werbin, Barry) (Entered: 05/10/2022)

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  • 05/05/2022
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  • Docket(#9) RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Barstool Sports, Inc...(Werbin, Barry) (Entered: 05/05/2022)

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  • 05/05/2022
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  • Docket(#8) NOTICE OF APPEARANCE by Barry Werbin on behalf of Barstool Sports, Inc...(Werbin, Barry) (Entered: 05/05/2022)

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  • 04/25/2022
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  • Docket(#7) NOTICE OF APPEARANCE by James H. Freeman on behalf of Rogelio A. Pena..(Freeman, James) (Entered: 04/25/2022)

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  • 04/25/2022
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  • Docket(#6) SUMMONS RETURNED EXECUTED. Barstool Sports, Inc. served on 4/22/2022, answer due 5/13/2022. Service was accepted by Amy McLaren, Managing Agent. Document filed by Rogelio A. Pena..(Sanders, Craig) (Entered: 04/25/2022)

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1 More Docket Entries
  • 04/21/2022
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Craig B. Sanders to RE-FILE re: Document No. #4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 121 Copyright form is not correct; the Plaintiff field on the AO 121 Copyright form has the incorrect party name. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form Do not re-file the form. The Court has corrected the deficiency/deficiencies.. (sj) (Entered: 04/21/2022)

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  • 04/21/2022
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  • Docket***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Craig B. Sanders to RE-FILE re: Document No. #4 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the AO 121 Copyright form is not correct; the Plaintiff field on the AO 121 Copyright form has the incorrect party name. Re-file the document using the event type AO 121 Form Copyright - Notice of Submission by Attorney found under the event list Other Documents and attach the correct AO 121 Copyright PDF form Do not re-file the form. The Court has corrected the deficiency/deficiencies.. (sj) (Entered: 04/21/2022)

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  • 04/21/2022
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  • Docket(#5) ELECTRONIC SUMMONS ISSUED as to Barstool Sports, Inc.. (sj) (Entered: 04/21/2022)

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  • 04/21/2022
  • DocketCase Designated ECF. (sj) (Entered: 04/21/2022)

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  • 04/21/2022
  • DocketMagistrate Judge James L. Cott is so designated. 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (sj) (Entered: 04/21/2022)

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  • 04/21/2022
  • DocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(sj) (Entered: 04/21/2022)

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  • 04/20/2022
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  • Docket(#4) FILING ERROR - DEFICIENT PLEADING - PDF ERROR AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Sanders, Craig) Modified on 4/21/2022 (sj). (Entered: 04/20/2022)

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  • 04/20/2022
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS as to Barstool Sports, Inc., re: #1 Complaint. Document filed by Rogelio A. Pena..(Sanders, Craig) (Entered: 04/20/2022)

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  • 04/20/2022
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  • Docket(#2) CIVIL COVER SHEET filed..(Sanders, Craig) (Entered: 04/20/2022)

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  • 04/20/2022
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  • Docket(#1) COMPLAINT against Barstool Sports, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26034232)Document filed by Rogelio A. Pena. (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing Use of the Photograph).(Sanders, Craig) (Entered: 04/20/2022)

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