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Messages - kingkendall

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76
Getty Images Letter Forum / Re: PicRights.com
« on: November 02, 2017, 01:48:18 PM »
@ Tuna Guy

Responding to them, in my opinion, is a big mistkae1  It tells them your scared and that's not what you want them thinking of you. 

77
I've studed the Sadowski case as well.  Not one has gone to trial.  My contention is that's not Higbee's goal.  He's not an IP lawyer and not one lawyer who works for him as far as I see is an IP lawyer.  Do you really think NBC Universal, Bravo Inc, and the New York Oberserver (Jared Kusher Donald Trump's son-in-law) haven't retained top IP lawyers?  Do you really think Matthre Higbee wants to up against that in a Federal court at Trial whereby those defendants can delay Sadoski to death and up his court costs?  That's if they want to even bother.  They might just offer a settlemt to get rid orf an insect like Higbbe and he'll grab it and run. 

78
I went through every case most of the older cases are settled if not all of them.  Not one of them has gone to trial, which is not the goal.  It's all about getting a settlement before a trial starts.  However, I think Sadowski may have betten off more than he can chew because he's gone after some big outfits NBC Universal, Cox Commuinication, Bravo, and the New York Oberserver which is owned or used to be owned by Jarod Kushner son-in-law to Donald Trunp.  Do you really think Chris Sadowski wants to mess with him? 

79


Cases filed by Christopher Sadowski   

51 case over 2 1/2 year period nearly half are Higbee lawyers Matthew, Mellissa amd Ngo.  Most settled out of court.  None has gone to trial some are pending as we speak. 

 
         
Sadowski v. Beasley Media Group, Inc.   Filed: September 30, 2017   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Internet Solutions of Nevada Inc. et al   Filed: September 19, 2017   Ninth Circuit › Nevada › Nevada District Court   Mathew Higbee

Sadowski v. Claire Entertainment Inc.   Filed: September 18, 2017   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. The New York Observer LLC   Filed: August 24, 2017   Second Circuit › New York › New York Southern District Court   Rayminh L Ngo

Sadowski v. Bleacher Report, Inc.   Filed: August 22, 2017   Second Circuit › New York › New York Southern District    Richard Liebowitz

Sadowski v. Bravo Media LLC   Filed: August 21, 2017   Second Circuit › New York › New York Southern District    Richard Liebowitz

Sadowski v. Cox Media Group, LLC   Filed: July 18, 2017 as    Second Circuit › New York › New York Eastern District Court   James H. Freeman

Sadowski v. Abbott Connection, Ltd. et al   Filed: June 29, 2017 as    Seventh Circuit › Illinois › Illinois Northern District Court   Mathew Higbee

SADOWSKI v. IDRIVETHRU.COM, INC.   Filed: June 28, 2017 as 3:2017cv04781   Third Circuit › New Jersey › New Jersey District Court   MELISSA A. HIGBEE

SADOWSKI v. SPEEDNET GROUP LLC   Filed: June 28, 2017   Third Circuit › New Jersey › New Jersey District Court   MELISSA A. HIGBEE

Sadowski v. Richard Gottlieb & Associates, LLC   Filed: June 28, 2017 as 1:2017cv04900   Second Circuit › New York › New York Southern District    Rayminh L Ngo

Sadowski v. Real Clear Holdings, LLC.   Filed: May 31, 2017   Seventh Circuit › Illinois › Illinois Northern District    Mathew Higbee

Sadowski v. NBCUniversal Media, LLC   Filed: May 26, 2017 as 1:2017cv03994   Second Circuit › New York › New York Southern District    Richard Liebowitz

Sadowski v. Bowling et al   Filed: May 24, 2017 as 1:2017cv03954   Second Circuit › New York › New York Southern District    Rayminh L Ngo

Sadowski v. BackChina, LLC.   Filed: May 22, 2017   Fifth Circuit › Texas › Texas Southern District Court   Mathew Kidman Higbee

Sadowski v. JammedUp, LLC.   Filed: May 12, 2017   Second Circuit › New York › New York Southern District Court   Rayminh L Ngo

Sadowski v. Hurricane Podcast Group, Inc. et al   Filed: May 10, 2017   : Second Circuit › New York › New York Southern District    Rayminh L Ngo

Sadowski v. Indo US Media, Inc.   Filed: May 9, 2017 as    Second Circuit › New York › New York Eastern District Court   Rayminh Ngo

Sadowski v. Mommy Nearest, Inc.   Filed: May 5, 2017   Second Circuit › New York › New York Southern District Court   Rayminh L Ngo

Sadowski v. Fashion Times LLC   Filed: April 26, 2017 as 1:2017cv03061   Second Circuit › New York › New York Southern District    Kamanta Clintessia Kettle

Sadowski v. Maitland   Filed: April 24, 2017   Second Circuit › New York › New York Southern District Court   Rayminh L Ngo

SADOWSKI v. FODA   Filed: April 24, 2017   Third Circuit › New Jersey › New Jersey District Court   MELISSA A. HIGBEE

Sadowski v. JVC Broadcasting Corp.   Filed: April 13, 2017 a   Second Circuit › New York › New York Eastern District Court   Kamanta Clintessia Kettle

Sadowski v. Pakistan Muslim League USA, Inc.   Filed: April 11, 2017 as 1:2017cv02202   Second Circuit › New York › New York Eastern District Court   Rayminh Ngo

SADOWSKI v. CENTER FOR SECURITY POLICY, INC.   Filed: March 27, 2017   Third Circuit › New Jersey › New Jersey District Court   MELISSA A. HIGBEE

SADOWSKI v. ZAMAN, LTD.   Filed: March 13, 2017 as    Third Circuit › New Jersey › New Jersey District    MELISSA A. HIGBEE

SADOWSKI v. WORLD JOURNAL, LLC.   Filed: March 9, 2017 as 2:2017cv01594   : Third Circuit › New Jersey › New Jersey District    MELISSA A. HIGBEE

Sadowski v. Entravision Communications Corproation   Filed: March 2, 2017   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. I Can Haz, LLC   Filed: February 23, 2017   : Second Circuit › New York › New York Southern District Court   Kamanta Clintessia Kettle

Sadowski v. FlexCo, LLC et al   Filed: December 7, 2016   Second Circuit › New York › New York Southern District Court   Ben David Manevitz

Sadowski v. Cumulus Media Inc.   Filed: November 25, 2016 as 1   Second Circuit › New York › New York Southern District    Richard Liebowitz

Sadowski v. Penske Media Corporation   Filed: November 25, 2016 as 1   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Viacom International Inc.   Filed: October 24, 2016 as    Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Entravision Communications Corporation   Filed: October 6, 2016 as   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Yahoo! Inc.   Filed: October 6, 2016 as   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Townsquare Media, Inc.   Filed: August 11, 2016 as    Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. A.S.R. Electrical Contracting, Inc.   Filed: July 7, 2016 as   Second Circuit › New York › New York Eastern District Court   Rayminh Ngo

Sadowski v. Trusa NY Corp   Filed: June 30, 2016 as    Second Circuit › New York › New York Eastern District    Rayminh Ngo

Sadowski v. Joseph A Romano, P.C.   Filed: June 30, 2016 as    Second Circuit › New York › New York Southern District    Robert Michael Brill

Sadowski v. Weeks   Filed: June 29, 2016 as 1:2   : Second Circuit › New York › New York Southern District Court   Rayminh L Ngo

Sadowski v. Savitt Partners, LLC   Filed: June 29, 2016 as    Second Circuit › New York › New York Southern District    Rayminh L Ngo

Sadowski v. Flatiron Communications, LLC et al   Filed: June 28, 2016 as 1:   : Second Circuit › New York › New York Southern District Court   Rayminh L Ngo

Christopher v. New York Girl Style, LLC   Filed: June 13, 2016 as    Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Lifescript, Inc.   Filed: June 6, 2016 as 1:2016cv04179   Second Circuit › New York › New York Southern District    Richard Liebowitz

Sadowski v. Gawker Media LLC   Filed: June 5, 2016 as 1:2016cv04178   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Complex Media, Inc.   Filed: May 9, 2016 as 1:2016cv03453   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Iheartmedia, Inc.   Filed: May 1, 2016 as 1:2016cv03238   Second Circuit › New York › New York Southern District    Richard Liebowitz

Sadowski v. Mediatakeout.com LLC   Filed: April 11, 2016 as 1:2016cv02701   : Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Complex Media, Inc.   Filed: April 11, 2016 as 1:2016cv02700   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

Sadowski v. Paper Communications, Inc.   Filed: April 11, 2016 as 1:2016cv02698   Second Circuit › New York › New York Southern District Court   Richard Liebowitz

SADOWSKI v. SINOVISION INCORPORATED   Filed: March 23, 2015 as    Third Circuit › New Jersey › New Jersey District    BEN DAVID MANEVITZ

80
I didn't know that it was possible to ask for a lawyer in a civil case if you can't afford one.  I thought that pretaianed to criminal cases only.  Have you ever heard of this before?

81
In the below Susan Bowling is being sued by photographer Chris Sadowski being represented by Higbee and Associtate.  She's won a decision by the court for a pro bono lawyer and the court is grating her request.  I'm pretty sure Higbee didn't bargin for this kind of fight.

38   Sadowski v. Bowling et al         Filed: May 24, 2017 as 1:2017cv03954   Second Circuit › New York › New York Southern District    Higbee lawyer -Rayminh L Ngo      


Friday, October 06, 2017
25       service Certificate of Service Other  Fri 1:16 PM 
 CERTIFICATE OF SERVICE of Appearance of Counsel served on Defendant on October 5, 2017. Service was made by Mail. Document filed by Christopher Sadowski. (Brill, Robert)

 
Thursday, October 05, 2017
24       1 pgs order Order Referring Case to Magistrate Judge  Fri 9:49 AM 
 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). Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge J. Paul Oetken on 10/5/2017) Copies Mailed By Chambers. (rj)

 
23       1 pgs order Order  Fri 9:47 AM 
 ORDER. Defendant Suzanna Bowling's oral request for the Court to request pro bono counsel is GRANTED. Based on Defendants representations to the Court, it appears that she is unable to afford retained counsel. The Office of Pro Se Litigation is requested to seek pro bono counsel. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/5/2017) Copies Mailed By Chambers. (rjm)

 
22       notice Notice of Appearance  Thu 9:09 PM 
 NOTICE OF APPEARANCE by Robert Michael Brill on behalf of Christopher Sadowski. (Brill, Robert)

 
21       order Case Management Plan  Thu 6:42 PM 
 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. § 636(c). Fact Discovery due by 2/2/2018. Expert Discovery due by 2/5/2018. Deposition due by 2/5/2018. Ready for Trial by 2/20/2018. This case is to be tried to a jury. Best estimate of the length of trial is 2-3 days. (Signed by Judge J. Paul Oetken on 10/5/2017) MAILED TO PRO SE PARTY BY CHAMBERS. (ap)

 
20       discov Rule 26(f) Discovery Plan Report  Thu 1:48 AM 
 RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Christopher Sadowski.(Ngo, Rayminh)

 
    misc FRCP 4 Service Package - Mailed  Thu 3:34 PM 
 Defendant proceeding Pro Se was mailed an FRCP 4 (Information Package Mailed) to plaintiff at the address noted on the complaint/court's docket on 10/5/2017 via Regular Mail as per supervisor's instructions. The information package included: Judge's individual rules, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case files, A Motions Guide, A Notice that the Pro Se Manual has been discontinued, a Notice of Change of Address to use if your contact information changes, a consent to proceed before a Magistrate Judge, and consent to electronic service forms. (sbr)

 
Friday, September 29, 2017
19       service Affidavit of Service Complaints  Fri 7:41 PM 
 AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Suzanna Bowling served on 9/29/2017, answer due 10/20/2017. Service was made by Mail. Document filed by Christopher Sadowski. (Ngo, Rayminh)

 
18       cmp Amended Complaint  Fri 6:45 PM 
 FIRST AMENDED COMPLAINT amending1 Complaint against Suzanna Bowling with JURY DEMAND.Document filed by Christopher Sadowski. Related document:1 Complaint.(Ngo, Rayminh)

 
  Att: 1   Exhibit A-F 
Tuesday, September 26, 2017
17       order Notice of Voluntary Dismissal - Signed  Tue 2:08 PM 
 NOTICE OF VOLUNTARY DISMISSAL OF DEFENDANT DAVID BASCH, WITH PREJUDICE PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): PLEASE TAKE NOTICE that Plaintiff Christopher Sadowski ("Plaintiff"), pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), hereby voluntarily dismisses this action with prejudice against Defendant David Basch d/b/a Times Square Chronicles (Defendant Basch). Plaintiff maintains all claims against Defendant Suzanna Bowling. Defendant Basch has neither answered Plaintiff's Complaint nor filed a motion for summary judgment. Therefore, this party may be dismissed without an order of the Court pursuant to Rule 41(a)(1)(A)(i). SO ORDERED.*** Party David Basch (an individual) terminated. (Signed by Judge J. Paul Oetken on 9/22/2017) (ama) Modified on 9/26/2017 (ama)

 
Friday, September 22, 2017
    misc Note to Attorney to E-Mail PDF  Fri 8:53 AM 
 ***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Rayminh Ngo for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 16 Notice of Voluntary Dismissal to: [email protected]. (km)

 
Thursday, September 21, 2017
16       notice Notice of Voluntary Dismissal  Thu 5:19 PM 
 NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) David Basch. Document filed by Christopher Sadowski. (Ngo, Rayminh)

 
Monday, September 11, 2017
15       2 pgs order Order for Initial Pretrial Conference  Mon 4:59 PM 
 ORDER: Counsel for the plaintiff Christopher Sadowski and any defendant who has been served with the complaint are directed to appear for an initial conference with the Court on October 5, 2017, at 11:15 a.m. The conference will be held in Courtroom 706 of the Thurgood Marshall United States Court House, 40 Foley Square, New York, New York. Those who appear at the pretrial conference must be authorized to negotiate terms of settlement. And as set forth herein. SO ORDERED. Initial Conference set for 10/5/2017 at 11:15 AM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 9/11/2017) Copy of this Order and the Court's Individual Practice in Pro Se Cases mailed to Pro Se parties by Chambers.(ama)

 
Friday, September 08, 2017
14       answer Answer to Complaint  Mon 10:17 AM 
 ANSWER to1 Complaint. Document filed by Suzanna Bowling.(sc)

 
13       notice Notice of Appearance  Mon 10:04 AM 
 NOTICE OF PRO SE APPEARANCE by Suzanna Bowling. (sc)

 
Thursday, August 10, 2017
12       order Order ~Util - Set Deadlines  Thu 3:58 PM 
 ORDER: Defendant Suzanna Bowlings request for an extension of time to respond to the Complaint is GRANTED. Defendant Bowling shall answer or otherwise respond to the Complaint by September 9, 2017. Suzanna Bowling answer due 9/9/2017. (Signed by Judge J. Paul Oetken on 8/10/2017) (ap)

 
Wednesday, August 09, 2017
11       misc Letter  Wed 3:22 PM 
 LETTER from Suzanna Bowling, dated 8/9/17 re: EXTENSION OF TIME. Document filed by Suzanna Bowling.(sc)

 
Thursday, May 25, 2017
9       service Summons Issued  Thu 1:00 PM 
 ELECTRONIC SUMMONS ISSUED as to David Basch. (kl)

 
8       service Summons Issued  Thu 12:58 PM 
 ELECTRONIC SUMMONS ISSUED as to Suzanna Bowling. (kl)

 
7       misc AO 121 Form Copyright - Case Opening - Submitted  Thu 12:53 PM 
 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (kl)

 
    misc Notice to Attorney Regarding Party Modification  Thu 12:48 PM 
 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Rayminh L Ngo. The party information for the following party/parties has been modified: Suzanna Bowling, David Basch. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (kl)

 
    notice Case Opening Initial Assignment Notice  Thu 12:49 PM 
 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:http://nysd.uscourts.gov/judges/District] . 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[LINK:http://nysd.uscourts.gov/ecf_filing.php] . (kl)

 
    utility Case Designation  Thu 12:50 PM 
 Magistrate Judge Debra C. Freeman 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:[LINK:http://nysd.uscourts.gov/forms.php] . (kl)

 
    utility Case Designated ECF  Thu 12:51 PM 
 Case Designated ECF. (kl)

 
Wednesday, May 24, 2017
6       misc Rule 7.1 Corporate Disclosure Statement  Wed 8:53 PM 
 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Christopher Sadowski.(Ngo, Rayminh)

 
5       misc AO 121 Form Copyright - Notice of Submission by Attorney  Wed 8:52 PM 
 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review.(Ngo, Rayminh)

 
4       service Request for Issuance of Summons  Wed 8:52 PM 
 REQUEST FOR ISSUANCE OF SUMMONS as to David Basch d/b/a Times Square Chronicles, re:1 Complaint. Document filed by Christopher Sadowski. (Ngo, Rayminh)

 
3       service Request for Issuance of Summons  Wed 8:51 PM 
 REQUEST FOR ISSUANCE OF SUMMONS as to Suzanna Bowling d/b/a Times Square Chronicles, re:1 Complaint. Document filed by Christopher Sadowski. (Ngo, Rayminh)

 
2       misc Civil Cover Sheet  Wed 8:45 PM 
 CIVIL COVER SHEET filed. (Ngo, Rayminh)

 
1       cmp Complaint  Wed 8:43 PM 
 COMPLAINT against David Basch, Suzanna Bowling. (Filing Fee $ 400.00, Receipt Number 0208-13706542)Document filed by Christopher Sadowski.(Ngo, Rayminh)

 
  Att: 1   Exhibit A-F 
 




82
@guyshomenet

Good work! 

83
Quote
In a perfect world it would but in the real world I wouldn't count on it. Plus, if I was the defendant in a Higbee case I would be running to a jury trial instead of leaving it to a judge if it was a believable innocent mistake. 

Wow, that's disappointing to hear!  Thanks.

84
Quote
Most judges won't even blink at errors like that unless the other party moves on the pleading errors.

Doesn't this reflect poorly on plantiff's counsel and how judges view the merits of the case?

85
I like to pose a question for the legal experts in the forum.  Based on my research I have come to learn when it comes to copyright lawsuits the plaintiff can only go after actual damages (lost profits or such due to defendants copyright infringements) OR statutory damages as per what the dollar amount the copyright laws allow.  You cannot ask for both!  However on many CI lawsuits filed by Matthew Higbee he is asking for both actual damages and statutory damages.  So what gives?  He’s not an Intellectual Property lawyer.  Could this be the reason?     

86
Quote
  For example, if he has solicited you to give him a copy of your business insurance so they can help you get them to pay him. That is a big red flag and potential actionable violation. 

Can you expand on this?  What specific rule is in violation here?

87
Being agressive with a copyright troll is a better course of action in my opinion if they file suit.  That's the last thing they want.  They prefer the scared rabbit that gets easily shook.  They want low hanging fruit cuz that where they make the most of their money.  Counter suing should be a given if they file a case.

88
I don't see a bssis for a class action suit based on getting a demand letter.  What you have here is hundreds if not thousands of folks getting the same letter.  It's a volume scumbag business.  Some people freakout and run to pay cuz they're so afraid of being sued.  Others roll with the punches, get educated on what to do and deal.  How one handles it depends on the individual.  This forum is a place to get strong knowing others have gone through what you're going through. 

89
@ rdreich

Making contact with Higbee was a mistake because you're not dealing with honorable people.  But, that's water under the bridge now.  Hiring a lawyer to deal with it cost money.  Perhaps the cost can be written off as a busniss expense and that may be of benefit to you and your busness.  Or there's this option.  Do nothing, get educated on copyright trolls by reading this forum extensively.  In the meantime you're going to get more letters, emails, calls maybe to preasure you to pay up.  No one on this forum will tell you what to do.  But, there's a lot of good information to make an informed decision for yourself.  Here's the bottom lime: There's two types of people who deal with trolls.  Low hanging fruit- people who are quick to pay up.  Tough breeds-Those who don't pay despite all the letters, emails or phone calls.  Copyright trolls love low hanging fruit.  Which one do you want to be? 

90
If you look at that listing of lawsuits most if not all the defendents are corperations or a busness entity of some sort.  They're not filing suits against Joe Blow website who runs a blog on classic cars.  They're going after money business who might look at the suit as a nusiance case and quickly settle.  That's exaxtly what Higbee is lookinmg for because he isn't a intellectual property lawyer.  Filing the suits against the money outfitsd serves another purpose of scarying the little guy into thinking they may be next.  It's all a coersion game and that the business Higbee is in, getting settlemets not filing a case in Fed court.  You're not the only one in this position.  You're one of hundreds if not thousands.  And if by a very small chance Higbee filed against you, the last thing he wants to see is a counter suit and you putting your case. 

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