More in the “Copyright Troll” Saga

These matters assigned to the undersigned, where each plaintiff appears through Richard P. Leibowitz, Esq., come now before the court of its own initiative. Attorneys in good standing of the bar of a United States Court and the bar of the highest court of any state may practice in this court for a particular case in association with a member of the bar of this court. Local Civil Rule 83.1(e)(1). It appears Mr. Leibowitz’s standing has been called into question in the United States District Court for the Southern District of New York. Referred to as a “copyright troll,” in a case involving one of the plaintiffs named above, a district judge recently observed “Mr. Liebowitz has been sanctioned, reprimanded, and advised to ‘clean up [his] act’ by other judges of this Court.” Sands v. Bauer Media Grp. USA, LLC, No. 17-CV-9215 (LAK), 2019 WL 4464672, at *1 (S.D.N.Y. Sept. 18, 2019). Serious sanctions were imposed by the judge in that case on account of plaintiff’s discovery deficiencies, including requirement that Mr. Leibowitz personally pay defendant’s fees associated with advancing its motion to dismiss as a sanction for alleged discovery misconduct.

This judge joins the chorus of those telling this attorney to clean up his act. The dockets of each of the cases assigned to me, wherein this attorney represents a plaintiff, are littered with deficiency notices. This is a harbinger for troubled litigation ahead.

In Matthew Bradley, initiated by complaint filed June 18, 2019, Mr. Liebowitz was noticed June 19, 2019, to file notice of appearance. It took over two months for him to bring himself into compliance. In Steve Sands, filed August 8, 2019, he was noticed of numerous deficiencies at the┬ácase’s start including those noted below:

Counsel also was noticed of requirement in Steve Sands to associate local counsel:

The same notice was [repeated] August 27, 2019, and disregarded by the attorney. This court had to issue an order nearly two months after opening of the case, expressly drawing this deficiency to Mr. Liebowitz’s attention.

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