New York Southern District Court
Judge:Jesse M Furman
Case #: 1:25-cv-00910
Nature of Suit890 Other Statutes - Other Statutory Actions
Cause28:2201cp Declaratory Judgment (Copyright)
Case Filed:Jan 31, 2025
Terminated:Apr 24, 2025
Last checked: Monday Mar 17, 2025 4:53 AM EDT
Defendant
DC Comics
Represented By
Danielle Feuer
O'Melveny & Myers LLP
contact info
Cassandra Seto
O'Melveny & Myers LLP
contact info
Natasha Waglow Teleanu
O'Melveny & Myers LLP
contact info
Matthew Kline
O'Melveny & Myers, Llp (la)
contact info
Daniel M. Petrocelli
O'Melveny & Myers, Llp(c'Tycity)
contact info
Defendant
DC Comics, Inc.
Represented By
Danielle Feuer
O'Melveny & Myers LLP
contact info
Cassandra Seto
O'Melveny & Myers LLP
contact info
Natasha Waglow Teleanu
O'Melveny & Myers LLP
contact info
Matthew Kline
O'Melveny & Myers, Llp (la)
contact info
Daniel M. Petrocelli
O'Melveny & Myers, Llp(c'Tycity)
contact info
Defendant
DC Entertainment, Inc.
Defendant
Does
Defendant
Warner Bros. Discovery, Inc.
Represented By
Danielle Feuer
O'Melveny & Myers LLP
contact info
Cassandra Seto
O'Melveny & Myers LLP
contact info
Natasha Waglow Teleanu
O'Melveny & Myers LLP
contact info
Matthew Kline
O'Melveny & Myers, Llp (la)
contact info
Daniel M. Petrocelli
O'Melveny & Myers, Llp(c'Tycity)
contact info
Plaintiff
Mark Warren Peary
Represented By
Marc Toberoff
Toberoff & Associates
contact info


Docket last updated: 1 hours ago
Thursday, April 24, 2025
63 63 13 pgs order Memorandum & Opinion Thu 04/24 5:32 PM
OPINION AND ORDER re:61 LETTER MOTION for Leave to File Sur-Reply or Strike New Evidence Submitted on Reply 30 MOTION to Dismiss Plaintiff's Complaint For Lack of Subject Matter Jurisdiction Or, In The Alternative, To Transfer Venue .25 MOTION for Preliminary Injunction . For the foregoing reasons, the Court concludes that it lacks subject-matter jurisdiction over this case; the case therefore must be and is dismissed. Accordingly, the Court need not and does not address Defendants' alternative argument that the case should be transferred to another federal district. See ECF No. 31, at 12. Additionally, given the Court's lack of jurisdiction, Peary's motion for a preliminary injunction must be and is denied as moot. The Clerk of Court is directed to terminate ECF Nos. 25, 30, and 61 and to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/24/2025) (ar)
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Wednesday, April 23, 2025
62 62 respm Response in Opposition to Motion Wed 04/23 8:56 PM
LETTER RESPONSE in Opposition to Motion addressed to Judge Jesse M. Furman from Marc Toberoff dated April 23, 2025 re:61 LETTER MOTION for Leave to File Sur-Reply or Strike New Evidence Submitted on Reply addressed to Judge Jesse M. Furman from Daniel M. Petrocelli dated April 23, 2025. . Document filed by Mark Warren Peary(in his capacity as executor of the Estate of Joseph Shuster), Mark Warren Peary(Individually)..(Toberoff, Marc)
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61 61 motion Leave to File Document Wed 04/23 2:30 PM
LETTER MOTION for Leave to File Sur-Reply or Strike New Evidence Submitted on Reply addressed to Judge Jesse M. Furman from Daniel M. Petrocelli dated April 23, 2025. Document filed by DC Comics, DC Comics, Inc., Warner Bros. Discovery, Inc...(Petrocelli, Daniel)
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Monday, April 21, 2025
60 60 respm Declaration in Support of Motion Mon 04/21 11:18 PM
DECLARATION of Sir Robin Jacob in Support re:25 MOTION for Preliminary Injunction .. Document filed by Mark Warren Peary(in his capacity as executor of the Estate of Joseph Shuster), Mark Warren Peary(Individually)..(Toberoff, Marc)
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Att: 1 Exhibit 1 - Sir Robin Jacob CV,
Att: 2 Exhibit 2 - Copinger on Copyright Excerpt
59 59 16 pgs respm Reply Memorandum of Law in Support of Motion Mon 04/21 11:13 PM
REPLY MEMORANDUM OF LAW in Support re:25 MOTION for Preliminary Injunction . . Document filed by Mark Warren Peary(in his capacity as executor of the Estate of Joseph Shuster), Mark Warren Peary(Individually)..(Toberoff, Marc)
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58 58 3 pgs order Order on Motion to Adjourn Conference Mon 04/21 12:39 PM
ORDER granting57 Letter Motion to Adjourn Conference. Application GRANTED. The Clerk of Court is directed to terminate ECF No. 57. SO ORDERED. ( Initial Conference set for 6/24/2025 at 09:00 AM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/21/25) (yv)
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Friday, April 18, 2025
57 57 3 pgs motion Adjourn Conference Fri 04/18 11:59 PM
JOINT LETTER MOTION to Adjourn Conference Until June 24, 2025 at 9:00 A.M. addressed to Judge Jesse M. Furman from Daniel M. Petrocelli dated April 18, 2025. Document filed by DC Comics, DC Comics, Inc., Warner Bros. Discovery, Inc...(Petrocelli, Daniel)
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