1:24-cv-02334
03/28/2024
Open
Intellectual Property - Copyright
4. This Court has personal jurisdiction over Defendant because Defendant has maintained sufficient minimum contacts with the State of New York and as a result the exercise of personal jurisdiction over Defendant by this Court would not offend traditional notices of fair play and substantial justice.
5. Venue is proper in this district pursuant to 28 U.S.C. § 1400 (a) because Defendant or its agent(s) reside or may be found in this district: “A defendant ‘may be found’ in a district in which he could be served with process; that is, in a district which may assert personal jurisdiction over the defendant.”
I. The Photographs at Issue in this Lawsuit
6. On October 7, 2018 , Alex Zarour captured the photographs:
(“Copyrighted Photographs 1”) [Exhibit 1].
7. Copyrighted Photographs 1 were registered by Alex Zarour with the United States Copyright Office on October 7, 2022 (Registration No.: VA ).
8. On September 23, 2018 , Alex Zarour captured the photographs:
(“Copyrighted Photographs 2”) [Exhibit 2].
9. Copyrighted Photographs 2 were registered by Alex Zarour with the United States Copyright Office on October 7, 2022 (Registration No.: VA ).
10. On September 12, 2018 , Alex Zarour captured the photographs:
(“Copyrighted Photographs 3”) [Exhibit 3].
11. Copyrighted Photographs 3 were registered by Alex Zarour with the United States Copyright Office on October 7, 2022 (Registration No.: VA ).
12. On June 11, 2018 , Alex Zarour captured the photographs:
(“Copyrighted Photographs 4”) [Exhibit 4].
13. Copyrighted Photographs 4 were registered by Alex Zarour with the United States Copyright Office on October 7, 2022 (Registration No.: VA ).
14. On May 12, 2018 , Alex Zarour captured the photographs:
Presiding Judge
Andrew L. Carter, Jr
Referral Judge
Gary Stein
Plaintiff and Counter-Defendant
Alex Zarour
Defendants and Counter-Claimants
Penske Media Corporation
Dirt.com, LLC
Robb Report Media, LLC
Sportico Media, LLC
The Hollywood Reporter, LLC
Wendy Bowman
Plaintiff and Counter-Defendant Attorneys
Stephen M. Doniger
Benjamin Firestone Tookey
Scott Burroughs
David Jenkins
Defendant and Counter-Claimant Attorneys
Nicholas R. Hartmann
Jeffrey Adam Payne
Jean-Paul Jassy
Gillian Vernick
(#73) MEMO ENDORSEMENT on re: #70 Letter filed by Alex Zarour. ENDORSEMENT: The Court appreciates this update from the parties. A subsequent joint status letter is due no later than Friday, December 5, 2025. (Signed by Magistrate Judge Gary Stein on 9/30/2025) (rro) (Entered: 09/30/2025)
(#72) LETTER MOTION to Continue Pre-Settlement Conference addressed to Magistrate Judge Gary Stein from Jean-Paul Jassy, Counsel for Defendants/Counterclaimants dated September 29, 2025. Document filed by Wendy Bowman, Dirt.com, LLC, Penske Media Corporation, Robb Report Media, LLC, She Media LLC, Sportico Media, LLC, The Hollywood Reporter, LLC..(Jassy, Jean-Paul) (Entered: 09/29/2025)
(#71) RESCHEDULING ORDER: The Pre-Settlement Conference scheduled for Tuesday, September 30, 2025 at 10:00 a.m. is hereby adjourned to Friday, October 3, 2025 at 11:00 a.m. Parties are directed to join the conference via Microsoft Teams at the scheduled time using the dial-in information found in the July 2, 2025 Scheduling Order (See Dkt. No. 60). SO ORDERED. Status Conference set for 10/3/2025 at 11:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 9/29/2025) (tg) (Entered: 09/29/2025)
(#70) LETTER addressed to Magistrate Judge Gary Stein from Benjamin F. Tookey and Jeffrey A. Payne dated September 25, 2025 re: Joint Status Letter. Document filed by Alex Zarour..(Tookey, Benjamin) (Entered: 09/25/2025)
(#69) LETTER addressed to Judge Andrew L. Carter, Jr. from Nicholas R. Hartmann dated August 20, 2025 re: Response to Plaintiff/Counter-Defendant's Request for Pre-Motion Conference. Document filed by Wendy Bowman, Dirt.com, LLC, Penske Media Corporation, Robb Report Media, LLC, She Media LLC, Sportico Media, LLC, The Hollywood Reporter, LLC..(Hartmann, Nicholas) (Entered: 08/20/2025)
(#68) MEMO ENDORSEMENT on re: #67 Letter filed by Alex Zarour. ENDORSEMENT: The Court appreciates this update from the parties, and that the parties continue to meet and confer to attempt to resolve discovery issues. A subsequent joint status letter is due no later than Thursday, September 25, 2025. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 8/19/2025) (tg) (Entered: 08/19/2025)
(#67) LETTER addressed to Magistrate Judge Gary Stein from Benjamin F. Tookey dated August 18, 2025 re: Joint Status Letter. Document filed by Alex Zarour..(Tookey, Benjamin) (Entered: 08/18/2025)
(#66) LETTER addressed to Judge Andrew L. Carter, Jr. from Benjamin F. Tookey dated August 15, 2025 re: Plaintiff's Request for Pre-Motion Conference. Document filed by Alex Zarour..(Tookey, Benjamin) (Entered: 08/15/2025)
(#65) STIPULATION AND ORDER GOVERNING PRODUCTION AND USE OF ELECTRONICALLY STORED INFORMATION: Plaintiff and Counter-Defendant Alex Zarour and Defendants and Counterclaimants Penske Media Corporation; Dirt.com, LLC; Robb Report Media, LLC; Sportico Media, LLC; The Hollywood Reporter, LLC; She Media LLC, and Wendy Bowman (together, the "Parties"), by and through their respective counsel, hereby stipulate and agree that electronically stored information ("ESI") will be produced and used in the following form and manner in this litigation: As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 7/9/2025) (tg) (Entered: 07/09/2025)
Exhibit Exhibit 145
Exhibit Exhibit 140
Exhibit Exhibit 134
Exhibit Exhibit 124
Exhibit Exhibit 112
Exhibit Exhibit 87
Exhibit Exhibit 80
Exhibit Exhibit 62
Exhibit Exhibit 31
DocketMinute Entry. A pre-settlement phone call was held on Friday, October 3, 2025 before Magistrate Judge Gary Stein. (ta) (Entered: 10/03/2025)
[-] Read LessDocket(#73) MEMO ENDORSEMENT on re: #70 Letter filed by Alex Zarour. ENDORSEMENT: The Court appreciates this update from the parties. A subsequent joint status letter is due no later than Friday, December 5, 2025. (Signed by Magistrate Judge Gary Stein on 9/30/2025) (rro) (Entered: 09/30/2025)
[-] Read LessDocket(#72) LETTER MOTION to Continue Pre-Settlement Conference addressed to Magistrate Judge Gary Stein from Jean-Paul Jassy, Counsel for Defendants/Counterclaimants dated September 29, 2025. Document filed by Wendy Bowman, Dirt.com, LLC, Penske Media Corporation, Robb Report Media, LLC, She Media LLC, Sportico Media, LLC, The Hollywood Reporter, LLC..(Jassy, Jean-Paul) (Entered: 09/29/2025)
[-] Read LessDocket(#71) RESCHEDULING ORDER: The Pre-Settlement Conference scheduled for Tuesday, September 30, 2025 at 10:00 a.m. is hereby adjourned to Friday, October 3, 2025 at 11:00 a.m. Parties are directed to join the conference via Microsoft Teams at the scheduled time using the dial-in information found in the July 2, 2025 Scheduling Order (See Dkt. No. 60). SO ORDERED. Status Conference set for 10/3/2025 at 11:00 AM before Magistrate Judge Gary Stein. (Signed by Magistrate Judge Gary Stein on 9/29/2025) (tg) (Entered: 09/29/2025)
[-] Read LessDocket(#70) LETTER addressed to Magistrate Judge Gary Stein from Benjamin F. Tookey and Jeffrey A. Payne dated September 25, 2025 re: Joint Status Letter. Document filed by Alex Zarour..(Tookey, Benjamin) (Entered: 09/25/2025)
[-] Read LessDocket(#69) LETTER addressed to Judge Andrew L. Carter, Jr. from Nicholas R. Hartmann dated August 20, 2025 re: Response to Plaintiff/Counter-Defendant's Request for Pre-Motion Conference. Document filed by Wendy Bowman, Dirt.com, LLC, Penske Media Corporation, Robb Report Media, LLC, She Media LLC, Sportico Media, LLC, The Hollywood Reporter, LLC..(Hartmann, Nicholas) (Entered: 08/20/2025)
[-] Read LessDocket(#68) MEMO ENDORSEMENT on re: #67 Letter filed by Alex Zarour. ENDORSEMENT: The Court appreciates this update from the parties, and that the parties continue to meet and confer to attempt to resolve discovery issues. A subsequent joint status letter is due no later than Thursday, September 25, 2025. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 8/19/2025) (tg) (Entered: 08/19/2025)
[-] Read LessDocket(#67) LETTER addressed to Magistrate Judge Gary Stein from Benjamin F. Tookey dated August 18, 2025 re: Joint Status Letter. Document filed by Alex Zarour..(Tookey, Benjamin) (Entered: 08/18/2025)
[-] Read LessDocket(#66) LETTER addressed to Judge Andrew L. Carter, Jr. from Benjamin F. Tookey dated August 15, 2025 re: Plaintiff's Request for Pre-Motion Conference. Document filed by Alex Zarour..(Tookey, Benjamin) (Entered: 08/15/2025)
[-] Read LessDocket(#65) STIPULATION AND ORDER GOVERNING PRODUCTION AND USE OF ELECTRONICALLY STORED INFORMATION: Plaintiff and Counter-Defendant Alex Zarour and Defendants and Counterclaimants Penske Media Corporation; Dirt.com, LLC; Robb Report Media, LLC; Sportico Media, LLC; The Hollywood Reporter, LLC; She Media LLC, and Wendy Bowman (together, the "Parties"), by and through their respective counsel, hereby stipulate and agree that electronically stored information ("ESI") will be produced and used in the following form and manner in this litigation: As further set forth by this Order. SO ORDERED. (Signed by Magistrate Judge Gary Stein on 7/9/2025) (tg) (Entered: 07/09/2025)
[-] Read LessDocket***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney David C. Deal to RE-FILE Document No. #5 AO 121 Form Copyright - Notice of Submission by Attorney, #3 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; Each AO Copyright Form is filed as its own ECF event/ or attach a rider listing the Copyright Registration Number information. 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. (vf) (Entered: 03/29/2024)
[-] Read LessDocket(#6) ELECTRONIC SUMMONS ISSUED as to Penske Media Corporation. (vf) (Entered: 03/29/2024)
[-] Read LessDocketCase Designated ECF. (vf) (Entered: 03/29/2024)
[-] Read LessDocketMagistrate Judge Gary Stein 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf) (Entered: 03/29/2024)
[-] Read LessDocketCASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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..(vf) (Entered: 03/29/2024)
[-] Read LessDocket(#5) FILING ERROR - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Deal, David) Modified on 3/29/2024 (vf). (Entered: 03/28/2024)
[-] Read LessDocket(#4) REQUEST FOR ISSUANCE OF SUMMONS as to Penske Media Corporation, re: #1 Complaint,,,,,,,,,,,,,,,,,,,,,. Document filed by Alex Zarour..(Deal, David) (Entered: 03/28/2024)
[-] Read LessDocket(#3) FILING ERROR - PDF ERROR - AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Deal, David) Modified on 3/29/2024 (vf). (Entered: 03/28/2024)
[-] Read LessDocket(#2) CIVIL COVER SHEET filed..(Deal, David) (Entered: 03/28/2024)
[-] Read LessDocket(#1) COMPLAINT against Penske Media Corporation. (Filing Fee $ 405.00, Receipt Number ANYSDC-29141974)Document filed by Alex Zarour. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14, #15 Exhibit Exhibit 15, #16 Exhibit Exhibit 16, #17 Exhibit Exhibit 17, #18 Exhibit Exhibit 18, #19 Exhibit Exhibit 19, #20 Exhibit Exhibit 20, #21 Exhibit Exhibit 21, #22 Exhibit Exhibit 22, #23 Exhibit Exhibit 23, #24 Exhibit Exhibit 24, #25 Exhibit Exhibit 25, #26 Exhibit Exhibit 26, #27 Exhibit Exhibit 27, #28 Exhibit Exhibit 28, #29 Exhibit Exhibit 29, #30 Exhibit Exhibit 30, #31 Exhibit Exhibit 31, #32 Exhibit Exhibit 32, #33 Exhibit Exhibit 33, #34 Exhibit Exhibit 34, #35 Exhibit Exhibit 35, #36 Exhibit Exhibit 36, #37 Exhibit Exhibit 37, #38 Exhibit Exhibit 38, #39 Exhibit Exhibit 39, #40 Exhibit Exhibit 40, #41 Exhibit Exhibit 41, #42 Exhibit Exhibit 42, #43 Exhibit Exhibit 43, #44 Exhibit Exhibit 44, #45 Exhibit Exhibit 45, #46 Exhibit Exhibit 46, #47 Exhibit Exhibit 47, #48 Exhibit Exhibit 48, #49 Exhibit Exhibit 49, #50 Exhibit Exhibit 50, #51 Exhibit Exhibit 51, #52 Exhibit Exhibit 52, #53 Exhibit Exhibit 53, #54 Exhibit Exhibit 54, #55 Exhibit Exhibit 55, #56 Exhibit Exhibit 56, #57 Exhibit Exhibit 57, #58 Exhibit Exhibit 58, #59 Exhibit Exhibit 59, #60 Exhibit Exhibit 60, #61 Exhibit Exhibit 61, #62 Exhibit Exhibit 62, #63 Exhibit Exhibit 63, #64 Exhibit Exhibit 64, #65 Exhibit Exhibit 65, #66 Exhibit Exhibit 66, #67 Exhibit Exhibit 67, #68 Exhibit Exhibit 68, #69 Exhibit Exhibit 69, #70 Exhibit Exhibit 70, #71 Exhibit Exhibit 71, #72 Exhibit Exhibit 72, #73 Exhibit Exhibit 73, #74 Exhibit Exhibit 74, #75 Exhibit Exhibit 75, #76 Exhibit Exhibit 76, #77 Exhibit Exhibit 77, #78 Exhibit Exhibit 79, #79 Exhibit Exhibit 80, #80 Exhibit Exhibit 81, #81 Exhibit Exhibit 82, #82 Exhibit Exhibit 84, #83 Exhibit Exhibit 85, #84 Exhibit Exhibit 86, #85 Exhibit Exhibit 87, #86 Exhibit Exhibit 88, #87 Exhibit Exhibit 89, #88 Exhibit Exhibit 90, #89 Exhibit Exhibit 91, #90 Exhibit Exhibit 92, #91 Exhibit Exhibit 93, #92 Exhibit Exhibit 94, #93 Exhibit Exhibit 95, #94 Exhibit Exhibit 96, #95 Exhibit Exhibit 97, #96 Exhibit Exhibit 98, #97 Exhibit Exhibit 99, #98 Exhibit Exhibit 100, #99 Exhibit Exhibit 101, #100 Exhibit Exhibit 102, #101 Exhibit Exhibit 103, #102 Exhibit Exhibit 104, #103 Exhibit Exhibit 105, #104 Exhibit Exhibit 106, #105 Exhibit Exhibit 107, #106 Exhibit Exhibit 108, #107 Exhibit Exhibit 109, #108 Exhibit Exhibit 110, #109 Exhibit Exhibit 111, #110 Exhibit Exhibit 112, #111 Exhibit Exhibit 113, #112 Exhibit Exhibit 114, #113 Exhibit Exhibit 115, #114 Exhibit Exhibit 116, #115 Exhibit Exhibit 117, #116 Exhibit Exhibit 118, #117 Exhibit Exhibit 119, #118 Exhibit Exhibit 120, #119 Exhibit Exhibit 121, #120 Exhibit Exhibit 122, #121 Exhibit Exhibit 123, #122 Exhibit Exhibit 124, #123 Exhibit Exhibit 125, #124 Exhibit Exhibit 126, #125 Exhibit Exhibit 128, #126 Exhibit Exhibit 129, #127 Exhibit Exhibit 130, #128 Exhibit Exhibit 131, #129 Exhibit Exhibit 132, #130 Exhibit Exhibit 133, #131 Exhibit Exhibit 134, #132 Exhibit Exhibit 135, #133 Exhibit Exhibit 136, #134 Exhibit Exhibit 137, #135 Exhibit Exhibit 138, #136 Exhibit Exhibit 139, #137 Exhibit Exhibit 140, #138 Exhibit Exhibit 141, #139 Exhibit Exhibit 142, #140 Exhibit Exhibit 143, #141 Exhibit Exhibit 144, #142 Exhibit Exhibit 145, #143 Exhibit Exhibit 146, #144 Exhibit Exhibit 147, #145 Exhibit Exhibit 148, #146 Exhibit Exhibit 149, #147 Exhibit Exhibit 150, #148 Exhibit Exhibit 151, #149 Exhibit Exhibit 152, #150 Exhibit Exhibit 153, #151 Exhibit Exhibit 154, #152 Exhibit Exhibit 155, #153 Exhibit Exhibit 156, #154 Exhibit Exhibit 157, #155 Exhibit Exhibit 158, #156 Exhibit Exhibit 159, #157 Exhibit Exhibit 160, #158 Exhibit Exhibit 161, #159 Exhibit Exhibit 162, #160 Exhibit Exhibit 163, #161 Exhibit Exhibit 164, #162 Exhibit Exhibit 165, #163 Exhibit Exhibit 166, #164 Exhibit Exhibit 167, #165 Exhibit Exhibit 168, #166 Exhibit Exhibit 169, #167 Exhibit Exhibit 170, #168 Exhibit Exhibit 171, #169 Exhibit Exhibit 172, #170 Exhibit Exhibit 173, #171 Exhibit Exhibit 174, #172 Exhibit Exhibit 175, #173 Exhibit Exhibit 176, #174 Exhibit Exhibit 177, #175 Exhibit Exhibit 178, #176 Exhibit Exhibit 179, #177 Exhibit Exhibit 180, #178 Exhibit Exhibit 181, #179 Exhibit Exhibit 182, #180 Exhibit Exhibit 183, #181 Exhibit Exhibit 184, #182 Exhibit Exhibit 82, #183 Exhibit Exhibit 83, #184 Exhibit Exhibit 127).(Deal, David) (Entered: 03/28/2024)
[-] Read Less