This case was last updated from U.S. District Courts on 08/23/2025 at 03:59:33 (UTC).

Debra Rothenberg v. Penske Media Corporation

Case Summary

On 05/20/2025 Debra Rothenberg filed an Intellectual Property - Copyright lawsuit against Penske Media Corporation. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are Fernando M. Olguin and Jacqueline Chooljian. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:25-cv-04508

  • Filing Date:

    05/20/2025

  • Case Status:

    Open

  • Case Type:

    Intellectual Property - Copyright

Complaint

3. Defendant owns and operates a social media account on www.twitter.com and x.com known as “@Rolling Stone” (the “Account”).

4. Defendant, without permission or authorization from Plaintiff, actively copied and displayed the Photograph on the Account and engaged in this misconduct knowingly and in violation of the United States copyright laws.

PARTIES

5. Plaintiff Debra Rothenberg is an individual who is a citizen of the State of New York and resides in New York County, New York.

6. Upon information and belief, defendant Penske Media Corporation is a Delaware corporation with a principal place of business at Santa Monica Boulevard, Los Angeles in Los Angeles County, California.

JURISDICTION AND VENUE

7. This Court has subject matter jurisdiction over the federal copyright infringement claims pursuant to 28 U.S.C. § 1338 (a) and 28 U.S.C. § 1331 .

8. This Court has personal jurisdiction over Defendant because it maintains its principal place of business in California.

9. Venue is proper under 28 U.S.C. § 1391 (b)(2) because Defendant does business in this Judicial District and/or because a substantial part of the events or omissions giving rise to the claim occurred in this Judicial District.

FACTS COMMON TO ALL CLAIMS

A. Plaintiff’s Copyright Ownership

10. Plaintiff is a professional photographer by trade who is the legal and rightful owner of certain photographs which Plaintiff commercially licenses.

11. Plaintiff has invested significant time and money in building Plaintiff’s photograph portfolio.

12. Plaintiff has obtained active and valid copyright registrations from the United States Copyright Office (the “USCO”) which cover many of Plaintiff’s photographs while many others are the subject of pending copyright applications.


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13. Plaintiff’s photographs are original, creative works in which Plaintiff owns protectable copyright interests.

14. On March 8, 2019 , Plaintiff first published the Photograph. A copy of the Photograph is attached hereto as Exhibit 1.

15. In creating the Photograph, Plaintiff personally selected the subject matter, timing, lighting, angle, perspective, depth, lens and camera equipment used to capture the image and made each and every artistic determination necessary for the creation of the work.

16. On April 5, 2019 , the Photograph was registered by the USCO under Registration No. VA 2-147-408.

17. Plaintiff created the Photograph with the intention of it being used commercially and for the purpose of display and/or public distribution.

B. Defendant’s Infringing Activity

18. Defendant is the registered owner of the Account and is responsible for its content.

19. Defendant is the operator of the Account and is responsible for its content.

20. The Account is a key component of Defendant’s popular and lucrative commercial enterprise.

21. Upon information and belief, Defendant is a sophisticated media company which owns a comprehensive portfolio of digital marketing assets and has advanced operational and strategic expertise in an industry where copyright is prevalent.

22. Upon information and belief, Defendant’s staff have significant experience in copyright matters and are familiar with specific journalistic practices including the need to ensure that images used in their posts have been properly

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Judge Details

Presiding Judge

Fernando M. Olguin

Referral Judge

Jacqueline Chooljian

 

Party Details

Plaintiff

Debra Rothenberg

Defendant

Penske Media Corporation

Attorney/Law Firm Details

Plaintiff Attorneys

Jacqueline Mandel

Craig B Sanders

Defendant Attorney

Cynthia S. Arato

 

Court Documents

#21

(#21) ORDER APPROVING STIPULATION TO EXTEND DEFENDANT'S RESPONSIVE PLEADING BY AN ADDITIONAL 30 DAYS #19 by Judge Fernando M. Olguin. The deadline for Defendant to file its responsive pleading is September 15, 2025. (iv) (Entered: 08/16/2025)

#20

(#20) DECLARATION of Cynthia S. Arato re Stipulation Extending Time to Answer (30 days or less) #19 filed by Defendant Penske Media Corporation. (Arato, Cynthia) (Entered: 08/13/2025)

19 #1

Proposed Order

#19

(#19) Third STIPULATION Extending Time to Answer the complaint as to Penske Media Corporation answer now due 9/15/2025, filed by Defendant Penske Media Corporation. (Attachments: #1 Proposed Order)(Arato, Cynthia) (Entered: 08/13/2025)

#18

(#18) STATEMENT 7.1 Disclosure filed by Defendant Penske Media Corporation re: Stipulation Extending Time to Answer (30 days or less) #14 . (Arato, Cynthia) (Entered: 07/17/2025)

#17

(#17) ORDER APPROVING STIPULATION #14 TO EXTEND DEFENDANT'S RESPONSIVE PLEADING BY AN ADDITIONAL 30 DAYS by Judge Fernando M. Olguin. The deadline for Defendant to file its responsive pleading is August 15, 2025. (iv) (Entered: 07/16/2025)

#16

(#16) NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Stipulation #14 . The following error(s) was/were found: Local Rule 7.1-1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) (Entered: 07/16/2025)

14 #1

Proposed Order

#14

(#14) Second STIPULATION Extending Time to Answer the complaint as to filed by Defendant Penske Media Corporation. (Attachments: #1 Proposed Order)(Arato, Cynthia) (Entered: 07/15/2025)

#7

(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 05/21/2025)

#6

(#6) NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Jacqueline Chooljian. (et) (Entered: 05/21/2025)

#5

(#5) CERTIFICATE of Interested Parties (Sanders, Craig) (Entered: 05/20/2025)

#4

(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Debra Rothenberg. (Sanders, Craig) (Entered: 05/20/2025)

#3

(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Debra Rothenberg. (Sanders, Craig) (Entered: 05/20/2025)

#2

(#2) CIVIL COVER SHEET filed by Plaintiff Debra Rothenberg. (Sanders, Craig) (Entered: 05/20/2025)

1 #2

Exhibit Infringing use of Photograph

1 #1

Exhibit Original Photograph

#1

(#13) STIPULATION Extending Time to Answer the complaint as to Penske Media Corporation answer now due 7/17/2025, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Penske Media Corporation.(Attorney Cynthia S. Arato added to party Penske Media Corporation(pty:dft))(Arato, Cynthia) (Entered: 06/13/2025)

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Docket Entries

08/14/2025
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Docket(#21) ORDER APPROVING STIPULATION TO EXTEND DEFENDANT'S RESPONSIVE PLEADING BY AN ADDITIONAL 30 DAYS #19 by Judge Fernando M. Olguin. The deadline for Defendant to file its responsive pleading is September 15, 2025. (iv) (Entered: 08/16/2025)

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08/13/2025
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Docket(#20) DECLARATION of Cynthia S. Arato re Stipulation Extending Time to Answer (30 days or less) #19 filed by Defendant Penske Media Corporation. (Arato, Cynthia) (Entered: 08/13/2025)

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08/13/2025
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Docket(#19) Third STIPULATION Extending Time to Answer the complaint as to Penske Media Corporation answer now due 9/15/2025, filed by Defendant Penske Media Corporation. (Attachments: #1 Proposed Order)(Arato, Cynthia) (Entered: 08/13/2025)

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07/17/2025
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Docket(#18) STATEMENT 7.1 Disclosure filed by Defendant Penske Media Corporation re: Stipulation Extending Time to Answer (30 days or less) #14 . (Arato, Cynthia) (Entered: 07/17/2025)

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07/16/2025
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Docket(#17) ORDER APPROVING STIPULATION #14 TO EXTEND DEFENDANT'S RESPONSIVE PLEADING BY AN ADDITIONAL 30 DAYS by Judge Fernando M. Olguin. The deadline for Defendant to file its responsive pleading is August 15, 2025. (iv) (Entered: 07/16/2025)

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07/16/2025
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Docket(#16) NOTICE TO FILER OF DEFICIENCIES in Electronic Filed Document RE: Stipulation #14 . The following error(s) was/were found: Local Rule 7.1-1 no notice of interested parties. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. (iv) (Entered: 07/16/2025)

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07/15/2025
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Docket(#15) DECLARATION of Cynthia S. Arato re Stipulation Extending Time to Answer (30 days or less) #14 filed by Defendant Penske Media Corporation. (Arato, Cynthia) (Entered: 07/15/2025)

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07/15/2025
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Docket(#14) Second STIPULATION Extending Time to Answer the complaint as to filed by Defendant Penske Media Corporation. (Attachments: #1 Proposed Order)(Arato, Cynthia) (Entered: 07/15/2025)

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06/13/2025
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Docket(#13) STIPULATION Extending Time to Answer the complaint as to Penske Media Corporation answer now due 7/17/2025, re Complaint (Attorney Civil Case Opening), #1 filed by Defendant Penske Media Corporation.(Attorney Cynthia S. Arato added to party Penske Media Corporation(pty:dft))(Arato, Cynthia) (Entered: 06/13/2025)

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05/30/2025

Docket(#12) TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. This matter has been assigned to District Judge Fernando M. Olguin. The Court refers counsel to the Court's Initial Standing Order found on the Court's Website under Judge Olguin's Procedures and Schedules. Please read this Order carefully. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (vdr) TEXT ONLY ENTRY (Entered: 05/30/2025)

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05/27/2025
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Docket(#10) ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 23-05. Case randomly reassigned from Judge Christina A. Snyder to Judge Fernando M. Olguin for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:25-cv-04508 FMO (JCx). (lh) (Entered: 05/27/2025)

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05/21/2025
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Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendant Penske Media Corporation. (et) (Entered: 05/21/2025)

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05/21/2025
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Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (et) (Entered: 05/21/2025)

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05/21/2025
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Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (et) (Entered: 05/21/2025)

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05/21/2025
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Docket(#6) NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Jacqueline Chooljian. (et) (Entered: 05/21/2025)

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05/20/2025
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Docket(#5) CERTIFICATE of Interested Parties (Sanders, Craig) (Entered: 05/20/2025)

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05/20/2025
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Docket(#4) REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Debra Rothenberg. (Sanders, Craig) (Entered: 05/20/2025)

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05/20/2025
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Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by plaintiff Debra Rothenberg. (Sanders, Craig) (Entered: 05/20/2025)

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05/20/2025
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Docket(#2) CIVIL COVER SHEET filed by Plaintiff Debra Rothenberg. (Sanders, Craig) (Entered: 05/20/2025)

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05/20/2025
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Docket(#1) COMPLAINT Receipt No: ACACDC-39740439 - Fee: $405, filed by plaintiff Debra Rothenberg. (Attachments: #1 Exhibit Original Photograph, #2 Exhibit Infringing use of Photograph) (Attorney Craig B Sanders added to party Debra Rothenberg(pty:pla))(Sanders, Craig) (Entered: 05/20/2025)

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