Case 0:11-cv-60947-PAS Document 16

Entered on FLSD Docket 08/12/2011 Page 1 of 2

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 0:11-cv-60947 IO GROUP, INC., Plaintiff, v. ANTONIO ALMEIDA, Defendant. / SUPPLEMENT TO JOINT SCHEDULING REPORT Plaintiff, IO GROUP, INC., and Defendant, ANTONIO ALMEIDA, by and through their undersigned attorneys, pursuant to the Courts Order of August 1, 2011 (Doc. No. 13), file their Supplement to Joint Scheduling Report. A. A short, plain statement of the nature of the claim, any counterclaims, crossclaims or third-party claims with a good-faith estimate of the specific dollar valuation of damages claimed and any other relief sought: This is an action to recover for willful copyright infringement, in which Plaintiff reserves the right to seek the maximum statutory damages of One Hundred and Fifty Thousand dollars ($150,000). Defendant, after determined in discovery, may bring a third-party action against either Bell South and/or P2P network seeking indemnity in the amount up to the maximum statutory damages of One Hundred and Fifty Thousand Dollars. B. A brief summary of the facts that are uncontested or which can be stipulated to without discovery: Plaintiff is the owner of a valid and enforceable registration of the copyrights in a work entitled Fallen Angel (the Work). On April 1, 2010, an internet user was observed

reproducing and distributing digital copies of the Work by and through a P2P network using the

-1-

Case 0:11-cv-60947-PAS Document 16

Entered on FLSD Docket 08/12/2011 Page 2 of 2

IP address 74.225.73.217.

No authorization has been given by Plaintiff for any party to

reproduce or distribute digital copies of the Work by or through any P2P network. C. A list of the legal elements of each claim and defense asserted:

Infringement of copyright is established by proving (i) that Plaintiff owns and has registered the copyright in the Work; and (ii) Defendant made unauthorized reproductions of the Work and distributed them without Plaintiffs authorization. Defendant has the following

affirmative defenses: (i) legal impossibility, (ii) Plaintiff has failed to join indispensible and necessary parties, (iii) the alleged conduct occurred due to a superseding, intervening cause, (iv) the alleged act was unintentional, inadvertent and without malice, (v) the copyrighted material was accessed via a fair use, and (vi) Plaintiff fails to state a cause of action upon which relief can be granted. D. issues: There is no immediately apparent need to conduct discovery in phases or limited to any particular issue. Whether discovery should be conducted in phases or limited to certain

Dated: August 12, 2011

THE WALLACE LAW GROUP, P.L. 1375 Gateway Boulevard Boynton Beach, Florida 33426 Telephone: 561-767-4413 Facsimile: 561-767-4414

Respectfully Submitted
RANDAZZA LEGAL GROUP 2 South Biscayne Blvd., Suite 2600 Miami, Florida 33131 Telephone: 888-667-1113 Facsimile: 305-397-2772

s/Steven E. Wallace Steven E. Wallace (Fla. Bar. 585661) wallacelaw1@me.com

s/Jason A. Fischer Marc J. Randazza (Fla. Bar. 625566) mjr@randazza.com Jason A. Fischer (Fla. Bar. 68762) jaf@randazza.com

-2Supplement to Joint Scheduling Report