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Author Topic: Higbee law getting all they can handle from from defendent fighting back lawsuit  (Read 2159 times)

kingkendall

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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: judgments@nysd.uscourts.gov. (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 
 



« Last Edit: October 10, 2017, 02:00:10 PM by kingkendall »

icepick

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Good find. I noticed the apparent swap in Sadowski's lawyer from the Higbee guy to Robert Michael Brill on 10/5. I did a quick search and found the same pattern in a 2016 Sadowski case. Further evidence Higbee is soft on litigation and relies on local attorneys to cover him.

I'd like to see more of what the copyright usage was in this case. Higbee and Sadowski are definitely an aggressive attorney and client match.

Is a pro bono attorney an option for everyone defending Higbee's filings? It could potentially slow things down for him.

kingkendall

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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?

icepick

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I don't know the rules on it but if it is possible it would be a good move for anyone defending against Higbee. You're probably not getting anyone great through a court appointment, but anything to slow down the Higbee machine and make cases more expensive for him is probably a good thing.

Matthew Chan

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As far as I know, there are no "free lawyers" in civil cases unless you happen to know someone. Most of the copyright infringement situations I hear from on ELI are smaller situations. I cannot see any court expend any resources to appoint a lawyer on these types of rinky-dink cases.

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?
I'm a non-lawyer but not legally ignorant either. Under the 1st Amendment, I have the right to post facts & opinions using rhetorical hyperbole, colloquialisms, metaphors, parody, snark, or epithets. Under Section 230 of CDA, I'm only responsible for posts I write, not what others write.

 

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