Stokes v. RBSB LLC
- Rochon
- 1:22-cv-05253
- U.S. District Court · Southern District of New York
- 3
In Stokes v. RBSB LLC, Judge Rochon notified RBSB LLC that default judgment had not yet been entered and scheduled a hearing.
RBSB LLC, which was warned that continued failure to respond or appear through licensed counsel could result in a default judgment; Michael Stokes, who was directed to serve the motion and related documents.
What happened
In Stokes v. RBSB LLC, Michael Stokes alleges that RBSB LLC copied and displayed his copyrighted photograph, without permission or its watermark, on the company’s Facebook account. He seeks damages in the tens of thousands of dollars and an order stopping continued use of the images.
Stokes asked the court to enter a default judgment because RBSB LLC had not answered or otherwise responded. The court had not granted that request. It scheduled a February 15, 2023 hearing and gave RBSB LLC until February 1, 2023, to contact the court or file an opposition. The court also cautioned that a company must appear through a licensed lawyer and ordered Stokes to serve the motion and related documents.
Judge Rochon issued the notice and related directives on January 6, 2023. The notice did not enter default judgment or decide whether copyright infringement occurred.
The detailed version
- Stokes v. RBSB LLC · No. 1:22-cv-05253
- Rochon
- Jan. 6, 2023
Background
Michael Stokes sued RBSB LLC, doing business as “Rock Bar.” The notice states that Stokes alleges RBSB LLC copied and displayed his copyrighted photograph on the company’s Facebook account without permission and without the copyright watermark. Stokes seeks damages in the tens of thousands of dollars and an injunction, meaning a court order requiring RBSB LLC to stop using the copyrighted images without permission or authorization.
Default-judgment request
The notice states that RBSB LLC had not answered or otherwise responded to the court. Stokes asked for a default judgment, which is a final ruling based on a defendant’s failure to take action. The requested judgment would conclude that RBSB LLC did not oppose the allegations and would award damages and an injunction. The court expressly stated that it had not yet granted the default judgment.
Court’s directives
The court scheduled a hearing for February 15, 2023, at 10:00 a.m. Eastern Time, to discuss Stokes’s motion for default judgment. It stated that RBSB LLC could participate by telephone and could have a lawyer appear. The court also directed RBSB LLC to promptly notify the court, including by stating whether it had received earlier notice of the lawsuit and identifying factual or legal objections. Any contact or opposition had to be submitted by February 1, 2023.
The notice cautioned that a corporate entity may appear in federal court only through licensed counsel. It also explained that continued failure to appear through counsel could lead to a default judgment. Separately, the court ordered Stokes to serve RBSB LLC with the default-judgment motion and supporting papers, the order, and the full docket sheet within two business days of filing the order, and to file proof of service within two business days after service.
Disposition
The court did not enter default judgment and did not decide the copyright allegations, damages, or request for an injunction. It issued a notice, scheduled a hearing, directed RBSB LLC to respond, and entered service-related directives.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.