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Systems New York City Corp. v. Vitale

December 13, 2007

SYSTEMS NEW YORK CITY CORPORATION, PLAINTIFF,
v.
PAOLO VITALE, PRO SE, DEFENDANT.



The opinion of the court was delivered by: Dora L. Irizarry, United States District Judge

SUMMARY ORDER

Pro se defendant Paolo Vitale ("Defendant") purports to submit a motion to dismiss the instant action, which has been closed now for six years. Defendant's application comes several years too late and, furthermore, provides no basis for the relief he requests. His motion is denied.

A review of the docket sheet reveals the following time line of events, with respect to Defendant:*fn1

* 6/15/00: Complaint filed, and summons issued for Defendant;

* 7/17/00: Return of Service executed as to Defendant on 7/8/00;

* 7/26/00: Affidavit of Conspicuous Service executed as to Defendant 7/24/00;

* 10/13/00: Status conference held before then-United States District Judge Raggi, to whom the case was assigned. Defendant apparently failed to appear;

* 11/21/00: Certificate of Clerk noting default against Defendant (see document #29);

* 4/30/01: Plaintiff Cablevision Systems New York City Corporation ("Plaintiff") requested default judgment against Defendant;

* 4/30/01: Default judgment stating that "plaintiff shall recover from defendant Paolo Vitale the damages sustained by it on account of the claims for relief demanded in the complaint, together with interest and costs of this action, together with reaponsable [sic] attorneys' fees; It is ordered that plaintiff is entitled to a permanent injunction against defendant Paolo Vitale's unauthorized interception of plaintiff's programming and services without plaintiff's authorization." The matter was referred to Judge Mann to report and recommend the amount of damages to be awarded to the plaintiff plus reasonable attorneys' fees;

* 9/6/02: Report and recommendations of Judge Mann, issued 9/5/02, recommending that Plaintiff be awarded $7,500 in statutory damages, plus $875.00 in attorneys' fees and costs, for a total of $8,375, and noting that any objections must be filed with Judge Raggi by 9/19/02;

* 10/3/02: Memorandum of law by Plaintiff in support of its application for an award of damages against Defendant;*fn2

* 10/16/02: Judge Raggi's order entered adopting Judge Mann's report and recommendation, as no objections were filed;

* 10/21/02: Judgment entered by the Clerk of the Court in favor of Plaintiff, awarding $7500.00 in statutory damages, plus $875.00 in attorneys' fees ...


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