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McGucken Copyright Infringement Lawsuit Index

INDEX OF ELLIOT McGUCKEN POSTS
1. 02-03-2021: BAIT AND SUE: The Dark Art of Copyright Trolling
2. 07-24-2022: BAIT AND SUE: Elliot McGucken wants you to steal his photos
3. 07-27-2022: McGucken Copyright Infringement Lawsuit Index
4. 07-28-2022: Shutterstock may have ripped-off McGucken’s work
5. 07-30-2022: McGucken goes wild with Nat Geo lawsuit
6. 08-02-2022: Where does Plaintiff McGucken ever collect any money from his lawsuits?
7. 08-03-2022: McGucken’s Death Valley Photos Stay Alive in Appellate Court
8. 08-06-2022: RULE 60(b) Relief from McGucken Default Judgment
9. 08-08-2022: McGucken’s Lawyer’s Are Happy

7-26-2022 ENTRY OF CLERK’S DEFAULT in McGucken v Kantor Gallery copyright infringement lawsuit

This website is a clearing house for sample documents and information on McGucken copyright infringement lawsuit news. Professional plaintiff McGucken posts thousands of photographs all over the Internet. Then he hires paralegals to use Google search by image to locate users of his photographs and send outrageous demand letters. If his shakedown letters don’t work he files scores of copyright infringement lawsuits in federal court.

elliot mcgucken copyright infringement lawsuit index us district court screen shot
Elliot McGucken copyright infringement lawsuit index: U.S.District Court – Southern District of California

Have you received a threatening letter from or been sued in U.S. District Court by vexations litigant-photographer Dr. Elliot McGucken? If you do get sued make sure you answer the complaint. Sometimes plaintiff McGucken scores a hit with a clerk’s entry of default and sometimes his lawsuits get dismissed by the court for failure to comply with the technical details of filing proof of personal service with the court.

elliot mcgucken v shutterstock copyright litigation index

July 26, 2022 Entry of Clerk’s Default against defendant Kenny Schachter in McGucken v Kantor Gallery:

Next McGucken will file for default judgment of Kenny Schachter in the amount of $60,000 in statutory damages per count. I will post the money judgment here after the clerk posts it on Pacer. I am watching for news as to if McGucken actually collects money on any of his paper:

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Date Filed#Docket Text
06/03/20211 COMPLAINT Receipt No: ACACDC-31404276 – Fee: $402, filed by Plaintiff Elliot McGucken. (Attorney Scott A. Burroughs added to party Elliot McGucken(pty:pla))(Burroughs, Scott) (Entered: 06/03/2021)
06/03/20212 CIVIL COVER SHEET filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 06/03/2021)
06/03/20213 NOTICE of Interested Parties filed by Plaintiff Elliot McGucken, identifying KANTOR GALLERY. KENNY SCHACHTER, ART.SY, INC. (Burroughs, Scott) (Entered: 06/03/2021)
06/03/20214 REPORT ON THE FILING OF AN ACTION regarding a copyright (Initial Notification) filed by Elliot McGucken. (Burroughs, Scott) (Entered: 06/03/2021)
06/03/20215 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 06/03/2021)
06/04/20216 NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen L. Stevenson. (Attachments: # 1 CV-11C Statement of Consent to Proceed Before a United States Magistrate Judge) (ghap) (Entered: 06/04/2021)
06/04/20217 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants ART.SY, Inc., Kantor Gallery, Kenny Schachter. (ghap) (Entered: 06/04/2021)
06/15/20218 REMINDER NOTICE re Magistrate Judge Direct Assignment Program. Each party must file form CV-11C within the consent deadlines pursuant to L.R. 73-2. Additionally, the parties are directed to L.R. 73-2.2 Proof of Service. In any case in which only a magistrate judge is initially assigned, plaintiff must file a proof of service within 10 days of service of the summons and complaint as to each defendant. (hr) (Entered: 06/15/2021)
06/22/20219 PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant ART.SY, Inc. served on 6/14/2021, answer due 7/6/2021. Service of the Summons and Complaint were executed upon The Corporation Trust Company c/o Robin Banks\Registered Agent for Service of Process in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Burroughs, Scott) (Entered: 06/22/2021)
07/26/202110 NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen L. Stevenson to Judge Dolly M. Gee for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Alka Sagar. The case number will now reflect the initials of the transferee Judges 2:21-cv-04593-DMG-ASx. (aco) (Entered: 07/26/2021)
07/26/202111 MINUTES OF IN CHAMBERS – REASSIGNMENT OF CASE TO JUDGE GEE by Judge Dolly M. Gee: Please take notice that this action has been reassigned to the HONORABLE DOLLY M. GEE, United States District Judge, pursuant to the Order re Reassign Pursuant to General Order 12-02 filed on 7/26/2021. The case number will now read CV 21-4593-DMG (ASx). Additional information about Judge Gee’s procedures and schedules is available on the court’s website at www.cacd.uscourts.gov. See document for further details. Court Reporter: Not Reported. (gk) (Entered: 07/27/2021)
07/27/202112 INITIAL STANDING ORDER upon filing of the complaint by Judge Dolly M. Gee. (kti) (Entered: 07/27/2021)
08/17/202113 MINUTE ORDER IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee. In the present case, it appears that one or more of these time periods has not been met. Accordingly, the Court, on its own motion, orders plaintiff(s) to show cause in writing on or before August 24, 2021 why this action should not be dismissed as to defendant ART.SY, Inc. for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: An answer by the following defendant(s): ART.SY, Inc.; Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure. (lom) (Entered: 08/18/2021)
08/23/202114 REQUEST for Entry of Default against Defendant ART.SY, Inc. filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 08/23/2021)
08/25/202115 DEFAULT BY CLERK F.R.Civ.P.55(a) as to ART.SY, Inc., a Delaware Corporation. (gk) (Entered: 08/25/2021)
08/25/202116 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. On August 25, 2021, the clerk entered default as to Defendant ART.SY, Inc. 15 . The Order to Show Cause dated August 17, 2021 13 is hereby discharged. Plaintiff shall move for default judgment within 30 days after a final disposition of the pending claims against all remaining Defendants. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 08/25/2021)
08/30/202117 PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant Kantor Gallery served on 6/11/2021, answer due 7/2/2021. Service of the Summons and Complaint were executed upon Niels Kantor – Authorized Agent for Service of Process in c/o Andres Midence – Manager, Authorized to Accept Service of Process in compliance with Federal Rules of Civil Procedure by substituted service at business address and by also mailing a copy.Original Summons NOT returned. (Burroughs, Scott) (Entered: 08/30/2021)
09/02/202118 REQUEST for Clerk to Enter Default against Defendant Kantor Gallery filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 09/02/2021)
09/02/202119 MINUTES OF IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: Tthe Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 9/10/2021 why this action should not be dismissed as to defendant Kantor Gallery for lack of prosecution. As an alternative to a written response by plaintiff(s), the Court will consider the filing of one of the following, as an appropriate response to this Order To Show Cause, on or before the above date, as evidence that the matter is being prosecuted diligently: An answer by the following defendant(s): Kantor Gallery; or, Plaintiff’s application for entry of default pursuant to Rule 55a of the Federal Rules of Civil Procedure. The Order will stand submitted upon the filing of a responsive pleading or motion on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to defendant Kantor Gallery if the above-mentioned document(s) are not filed by the date indicated above. Court Reporter: Not Reported. (gk) (Entered: 09/03/2021)
09/03/202120 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kantor Gallery, a California Art Gallery. (gk) (Entered: 09/03/2021)
09/07/202121 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. On September 3, 2021, the clerk entered default as to Defendant Kantor Gallery 20 . The Order to Show Cause dated September 2, 2021 19 is hereby discharged. Plaintiff shall move for default judgment within 30 days after a final disposition of the pending claims against all remaining Defendants. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 09/07/2021)
09/07/202122 MINUTES OF IN CHAMBERS – ORDER TO SHOW CAUSE RE: DISMISSAL FOR LACK OF PROSECUTION by Judge Dolly M. Gee: The Court, on its own motion, orders plaintiff(s) to show cause in writing on or before 9/15/2021 why this action should not be dismissed as to Kenny Schachter for lack of prosecution. The Order will stand submitted upon the filing of a written response on or before the date upon which a response by plaintiff(s) is due. This action will be dismissed as to Kenny Schachter if a written response demonstrating good cause is not filed by the date indicated above. Court Reporter: Not Reported. (gk) (Entered: 09/08/2021)
09/15/202123 RESPONSE filed by Plaintiff Elliot McGucken to Order to Show Cause (Docket 22) (Burroughs, Scott) (Entered: 09/15/2021)
09/16/202124 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having reviewed Plaintiff’s response 23 , the Court hereby extends the Order to Show Cause deadline to October 18, 2021 22 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 09/16/2021)
10/18/202125 RESPONSE filed by Plaintiff Elliot McGuckento Text Only Scheduling Notice, 24 (Burroughs, Scott) (Entered: 10/18/2021)
10/19/202126 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having reviewed Plaintiff’s response 25 , the Court hereby extends the Order to Show Cause deadline to December 2, 2021 22 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 10/19/2021)
12/01/202127 RESPONSE filed by Plaintiff Elliot McGuckento Text Only Scheduling Notice, 26 (Burroughs, Scott) (Entered: 12/01/2021)
12/02/202128 (IN CHAMBERS) ORDER by Judge Dolly M. Gee. Having reviewed Plaintiff’s response 27 , the Court hereby extends the Order to Show Cause deadline to December 16, 2021 22 . IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 12/02/2021)
12/16/202129 NOTICE OF MOTION AND MOTION to ALLOW ALTERNATE MEANS OF SERVICE ON DEFENDANT KENNY SCHACHTER AND TO EXTEND THE TIME IN WHICH TO SERVE DEFENDANT filed by Plaintiff Elliot McGucken. Motion set for hearing on 1/14/2022 at 09:30 AM before Judge Dolly M. Gee. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proposed Order) (Burroughs, Scott) (Entered: 12/16/2021)
12/16/202130 CERTIFICATE OF SERVICE filed by Plaintiff Elliot McGucken, re NOTICE OF MOTION AND MOTION to ALLOW ALTERNATE MEANS OF SERVICE ON DEFENDANT KENNY SCHACHTER AND TO EXTEND THE TIME IN WHICH TO SERVE DEFENDANT 29 served on December 16, 2021. (Burroughs, Scott) (Entered: 12/16/2021)
01/12/202231 (IN CHAMBERS) ORDER by Judge Dolly M. Gee: The Court finds that Plaintiff’s Motion to Allow Alternate Means of Service on Defendant Kenny Schachter and to Extend the Time in Which to Serve Defendant 29 presently scheduled for hearing on January 14, 2022, is appropriate for decision without oral argument. Fed. R. Civ. P. 78(b); C.D. L.R. 7-15. Accordingly, the motion is taken UNDER SUBMISSION and the hearing is vacated. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kti) TEXT ONLY ENTRY (Entered: 01/12/2022)
06/09/202232 ORDER ON MOTION TO ALLOW ALTERNATE MEANS OF SERVICE ON DEFENDANT KENNY SCHACHTER AND TO EXTEND THE TIME IN WHICH TO SERVE DEFENDANT by Judge Dolly M. Gee: ORDERED that Plaintiff’s Motion to allow alternate means of service and to extend the time in which to serve Defendant Kenny Schachter 29 is granted. Plaintiff’s deadline to effect service of process under Fed. R. Civ. P. 4(m) is hereby extended to 6/17/2022. Plaintiff may serve the Summons, operative Complaint, and a copy of this Order upon Defendant Kenny Schachter by electronic means, specifically by transmitting said documents to the following email addresses: (a) roveprojects@gmail.com; (b) schachter@mindspring.com; and (c) k@roveprojects.com. Service of process shall be deemed proper and complete upon a successful transmittal of legal process to the above electronic addresses belonging to Defendant. (gk) (Entered: 06/09/2022)
06/09/202233 PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant Kenny Schachter served on 6/9/2022, answer due 6/30/2022. in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (Burroughs, Scott) (Entered: 06/09/2022)
06/21/202234 ORDER OF THE CHIEF JUDGE (#22-109) approved by Judge Philip S. Gutierrez. Pursuant to the recommended procedure adopted by the Court for the CREATION OF CALENDAR of Judge Sykes, Sunshine Suzanne, this case is transferred from Judge Dolly M. Gee to the calendar of Judge Sunshine Suzanne Sykes for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:21-cv-04593-SSS-ASx. (et) (Entered: 06/22/2022)
06/24/202235 REASSIGNMENT ORDER by Judge Sunshine Suzanne Sykes: Please refer to Order for complete details., (iva) (Entered: 06/24/2022)
06/27/202236 STATEMENT of Case Management filed by Plaintiff Elliot McGucken (Burroughs, Scott) (Entered: 06/27/2022)
07/20/202237 MINUTE (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes: The Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before August 3, 2022, why this action should not be dismissed, with respect to each Defendant who has not filed an answer or otherwise responded to the complaint. Pursuant to Rule 78 of the Federal Rules of Civil Procedure, the court finds that this matter is appropriate for submission without oral argument. This Order to Show Cause will be discharged if Plaintiff files, before the deadline set forth above, a request for the entry of default with respect to the applicable Defendant(s). Fed. R. Civ. Proc. 55(a). IT IS SO ORDERED. (shb) (Entered: 07/20/2022)
07/25/202238 REQUEST for Clerk to Enter Default against Defendant Kenny Schachter filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 07/25/2022)
07/26/202239 [7/26/2022 – REFER TO NOTICE OF CLERICAL ERROR, 39 – DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kantor Gallery a California Art Gallery (shb) Modified on 7/26/2022 (shb). (Entered: 07/26/2022)
07/26/202240 NOTICE OF CLERICAL ERROR: Due to clerical error Re: Clerks Entry of Default (CV-37) – optional html form 39 . Default was entered against Defendant Kantor Gallery, a California Art Gallery in error. The defendant has been removed from default and the correct party will have default entered against them. (shb) (Entered: 07/26/2022)
07/26/202241 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Kenny Schachter an individual (shb) (Entered: 07/26/2022)

McGucken copyright infringement lawsuit dismissal in McGucken v Industry Marketing Group

Date Filed#Docket Text
02/01/20211 COMPLAINT Receipt No: ACACDC-30351471 – Fee: $402, filed by Plaintiff Elliot McGucken. (Attorney Scott A. Burroughs added to party Elliot McGucken(pty:pla))(Burroughs, Scott) (Entered: 02/01/2021)
02/01/20212 NOTICE of Interested Parties filed by Plaintiff Elliot McGucken, (Burroughs, Scott) (Entered: 02/01/2021)
02/01/20213 CIVIL COVER SHEET filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 02/01/2021)
02/01/20214 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 02/01/2021)
02/02/20215 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Steve Kim. (jtil) (Entered: 02/02/2021)
02/02/20216 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 02/02/2021)
02/02/20217 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendant Industry Marketing Group, LLC. (jtil) (Entered: 02/02/2021)
02/04/20218 STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. (See document for details) (mrgo) (Entered: 02/04/2021)
04/26/20219 PROOF OF SERVICE Executed by Plaintiff Elliot McGucken, upon Defendant Industry Marketing Group, LLC served on 4/23/2021, answer due 5/14/2021. Service of the McGucken copyright infringement lawsuit Summons and Complaint were executed upon Jonathan P. Poteat, Registered Agent and Officer in compliance with California Code of Civil Procedure by substituted service by mail and by also mailing a copy.Original Summons NOT returned. (Burroughs, Scott) (Entered: 04/26/2021)
04/26/202110 Notice of Appearance or Withdrawal of Counsel: for attorney Scott A. Burroughs counsel for Plaintiff Elliot McGucken. Justin M. Gomes is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 04/26/2021)
04/26/202111 Notice of Appearance or Withdrawal of Counsel: for attorney Frank Trechsel counsel for Plaintiff Elliot McGucken. Adding Frank R. Trechsel as counsel of record for Elliot McGucken for the reason indicated in the G-123 Notice. Filed by Plaintiff Elliot McGucken. (Attorney Frank Trechsel added to party Elliot McGucken(pty:pla))(Trechsel, Frank) (Entered: 04/26/2021)
05/18/202112 MINUTE ORDER IN CHAMBERS – Order to Show Cause Re: Dismissal For Lack Of Prosecution by Judge Percy Anderson. (Show Cause Response due by 5/25/2021.) (mrgo) (Entered: 05/19/2021)
05/25/202113 FIRST AMENDED COMPLAINT against Defendants Does 1-10, Industry Marketing Group, LLC, Jonathan P. Poteat amending Complaint (Attorney Civil Case Opening) 1 , filed by Plaintiff Elliot McGucken(Burroughs, Scott) (Entered: 05/25/2021)
05/25/202114 RESPONSE filed by Plaintiff Elliot McGuckento Minutes of In Chambers Order/Directive – no proceeding held, Set/Reset Deadlines 12 (Burroughs, Scott) (Entered: 05/25/2021)
05/25/202115 Request for Clerk to Issue Summons on Amended Complaint/Petition 13 filed by Plaintiff Elliot McGucken. (Burroughs, Scott) (Entered: 05/25/2021)
05/26/202116 21 DAY Summons Issued re First Amended Complaint/Petition 13 as to defendants Industry Marketing Group, LLC, Jonathan P. Poteat. (mrgo) (Entered: 05/26/2021)
06/02/202117 MINUTE ORDER IN CHAMBERS by Judge Percy Anderson. The Court finds that Plaintiff has failed to comply with the Court’s Order and the Federal Rules of Civil Procedure. The Court therefore dismisses this McGucken copyright infringement lawsuit without prejudice for lack of prosecution, failure to comply with a Court order, and failure to comply with the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 41(b); see also Yourish, 191 F.3d at 986-88; Ferdik, 963 F.2d at 1260. (See minute order for details). (Made JS-6. Case Terminated.) (mrgo) (Entered: 06/03/2021)
McGucken copyright infringement lawsuit dismissal of McGucken v Linda Haim
04/21/202229 NOTICE OF DISMISSAL filed by Plaintiff Dr. Elliot McGucken pursuant to FRCP 41a(1) as to All Defendants. (Vondran, Steven) (Entered: 04/21/2022)
mcgucken v national geographic copyright infringement lawsuit
Photography: Marcus Winkler/Unsplash

By Dean McAdams

Born a poor peckerwood in a Tujunga holler, Dean practiced secrets of the ancient & modern masters to end up liberated in the coastal paradise of West L.A.