Mannion v. Kern

Background

Plaintiff Jonathan Mannion’s attorneys filed a request to adjourn, or postpone, the initial pretrial conference scheduled for February 26, 2025. The attorneys said the lawsuit arose from a Digital Millennium Copyright Act takedown request concerning an Etsy listing that allegedly reproduced Mannion’s copyrighted work without permission.

According to the request, Kern submitted a counter-notice under 17 U.S.C. § 512(g)(2)(B), stating that she believed the material had been removed because of a mistake or misidentification. Mannion’s attorneys said they initially attempted service at the address in the counter-notice, later personally served Kern on December 23, 2024, and then investigated after Kern told counsel that she had been misidentified and was not responsible for the Etsy activity.

The attorneys said they subpoenaed Etsy on January 14, 2025, and received information on February 11, 2025, that they said associated Kern’s name with the bank account receiving payments from sales of the allegedly infringing goods and with two credit cards used to pay Etsy fees. They further said Kern briefly retained counsel, counsel withdrew about 24 hours later, and Kern requested additional time to retain a lawyer and respond to the complaint. Mannion’s attorneys agreed to give her until March 10, 2025, to do so.

Ruling

Judge Katherine Polk Failla granted the application. The court adjourned the February 26, 2025 initial conference to March 26, 2025, at 11:00 a.m. The Clerk of Court was directed to terminate the pending motion at docket entry 10.

The request also sought an extension of the February 20, 2025 deadline for filing a case-management plan and scheduling order, but the order specifically states only that the application was granted, the conference was adjourned, and the motion at docket entry 10 was terminated.