Marc Tetro, Inc. v. Treboux
- P. Castel
- 1:19-cv-02691
- U.S. District Court · Southern District of New York
- 3
In Marc Tetro, Inc. v. Treboux, Judge Castel granted the plaintiff’s request to dismiss the copyright case with prejudice.
Marc Tetro, Inc. and Ann Treboux; the case was dismissed with prejudice, ending the action without deciding the copyright-infringement allegations.
What happened
Marc Tetro, Inc. asked to end its copyright lawsuit against Ann Treboux after she had answered the complaint. Treboux opposed dismissal because she wanted the case to go to trial and believed her reputation had been harmed.
The court found that dismissal would not expose Treboux to another lawsuit over the same claim, would avoid further preparation and court expenses, and was supported by a reasonable explanation involving the plaintiff’s financial constraints during the COVID-19 pandemic. The court also found no improper or harassing conduct by the plaintiff in pursuing its copyright claim.
Judge Castel granted the motion and dismissed the action with prejudice, without costs to either party. The clerk was directed to close the case, and the plaintiff’s lawyer was ordered to serve the order on Treboux and file proof of service within five days.
The detailed version
- Marc Tetro, Inc. v. Treboux · No. 1:19-cv-02691
- P. Castel
- May 9, 2022
Background
Marc Tetro, Inc. brought a copyright-infringement action against Ann Treboux, doing business as Paula Datesh and Jeff Wentzel. The complaint alleged that Marc Tetro, Inc. held a federally registered copyright and that Treboux sold unauthorized copies of the work in San Francisco, New York, and on eBay. Treboux denied nearly all of the complaint’s allegations and filed an answer.
Marc Tetro, Inc. later moved under Federal Rule of Civil Procedure 41(a)(2) to voluntarily dismiss the action with prejudice. Because Treboux had already filed an answer, the plaintiff could not dismiss the case automatically without a court order. Treboux, who was representing herself, opposed the motion and stated that she wanted a trial and that her reputation had been questioned during the litigation.
Court’s analysis
The court explained that a dismissal with prejudice would prevent the plaintiff from bringing the same claim again, so Treboux would not face the risk of relitigation. The court found no vexatiousness in the plaintiff’s pursuit of the copyright claim. It also noted that no trial date had been set, and dismissal would eliminate the need for final pretrial submissions, a final pretrial conference, and summoning jurors.
The plaintiff stated that financial constraints caused by the COVID-19 pandemic led it to stop pursuing the claim and that it did not want to use additional judicial resources. The court found that explanation reasonable and plausible. The court also described the litigation as contentious and difficult, including disputes concerning service, communications from people claiming Treboux had died, and repeated telephone calls to the court’s chambers. The court nevertheless granted the plaintiff’s requested dismissal.
Disposition
Judge Castel granted Marc Tetro, Inc.’s motion to dismiss the action with prejudice. The action was dismissed with prejudice and without costs to either party. The plaintiff’s counsel was directed to serve the order on Treboux and file an affidavit of service within five days. The clerk was directed to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.