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KENNY GETS LUCKY!

VOLUNTARY DISMISSAL: Elliot McGucken v Kantor Gallery, Kenny Schachter, Artsy, et al.

An 11th hour settlement agreement was reached in McGucken v Kantor Gallery as to defaulted defendant Kenny Schachter only. Kenny finally gets lucky. Following this copyright infringement lawsuit on Pacer has been an exciting legal journey.

Too bad settlements are confidential pursuant to law. It would be extremely edifying to know how much this case was worth. Congratulations to all parties involved in this fascinating art legal adventure.

Case 2:21-cv-04593-SSS-AS Document 46 Filed 09/21/22

RESPONSE filed by Plaintiff Elliot McGucken to Minutes of In Chambers Order/Directive – no proceeding held, Set/Reset Deadlines, 45 (Trechsel, Frank) (Entered: 09/21/2022)

TO THE HONORABLE COURT, ALL PARTIES, AND THEIR
COUNSEL OF RECORD:

PLEASE TAKE NOTICE THAT Plaintiff, Elliot McGucken, hereby
provides Notice of Settlement and submits his response to this Court’s September
7, 2022 Order to Show Cause (Dkt. 45, the “Order”). Plaintiffs respectfully request
that the Order be discharged and all dates and deadlines be continued for 45 days
for the following reasons:

Plaintiff served the summons and complaint on all Defendants, but such
Defendants did not file an answer or otherwise respond to the complaint.
Consequently, on August 23, 2021; September 2, 2021; and July 25, 2022, Plaintiff
requested entries of default with respect to the applicable Defendants, [Dkts. 14,
18, and 38], and the Clerk entered default on August 25, 2021; September 3, 2021;
and July 26, 2022 [Dkts. 15, 20, and 41].

On July 26, 2022, Plaintiff’s counsel provided notice to Defendant Kenny
Schachter of Plaintiff’s intention to file a Motion for Default Judgment. On August
18, 2022, Plaintiff’s counsel provided notice to Defendant Kantor Gallery and
Artsy, Inc. of Plaintiff’s intention to file a Motion for Default Judgment.
Subsequently, Plaintiff’s counsel communicated with counsel for Kenny
Schachter and Artsy, Inc. and were able to reach a resolution in principle of
Plaintiff’s claims. The parties are currently in the process of memorializing the
terms of the agreements, and should be in a position to file the relevant dismissal
documentation within 45 days, which will resolve in full the claims at issue.

Case 2:21-cv-04593-SSS-AS Document 46 Filed 09/21/22 Page 2 of 3 Page ID #:133

PLAINTIFF’S RESPONSE TO ORDER TO SHOW CAUSE

So owing, Plaintiff respectfully requests the current OSC prosecution be
discharged, and that current hearings, dates, and deadlines be vacated or continued
by 45 days so that the parties can file the appropriate dismissal.

Respectfully submitted,
DONIGER / BURROUGHS

Case 2:21-cv-04593-SSS-AS Document 47 Filed 09/21/22
NOTICE OF DISMISSAL filed by Plaintiff Elliot McGucken pursuant to FRCP 41a(1) as to Kenny Schachter. (Trechsel, Frank) (Entered: 09/21/2022)

TO THE HONORABLE COURT, ALL PARTIES, AND COUNSEL OF RECORD:
PLEASE TAKE NOTICE THAT Plaintiff Elliot McGucken hereby dismisses the claims in this action as to Defendant Kenny Schachter only, with prejudice, pursuant to Fed.R.Civ.P. 41(a)(1)(A)(i). Each party bears its own costs and attorneys’ fees as incurred in this action. The case will continue as to the remaining Defendants. Per the aforementioned statute, no court order is required in connection with this notice of dismissal.
Respectfully submitted, DATED: September 21, 2022 DONIGER / BURROUGHS

Date Filed#Docket Text
06/03/20211 COMPLAINT Receipt No: ACACDC-31404276 – Fee: $402, filed by Plaintiff Elliot McGucken v Kantor Gallery. (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 v Kantor Art Gallery, upon Defendant ARTSY, 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 ARTSY, Inc. filed by Plaintiff Elliot McGucken v Kantor Gallery. (Burroughs, Scott) (Entered: 08/23/2021)
08/25/202115 DEFAULT BY CLERK F.R.Civ.P.55(a) as to ARTSY, 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 ARTSY, 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 v Kantor Gallery, 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 v Kantor Art Gallery 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 v Kantor Gallery, 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 v Kantor Gallery. (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)
07/28/202242 ORDER DISCHARGING ORDER TO SHOW CAUSE (“OSC”) by Judge Sunshine S. Sykes: In view of the Clerk’s Entry of Default [Dkt. 41 ] as to Defendant Kenny Schachter, entered on July 26, 2022, the Court hereby DISCHARGES the OSC [Dkt. 37 ], issued on July 20, 2022. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (iva) TEXT ONLY ENTRY (Entered: 07/28/2022)
08/12/202243 NOTICE OF DISCREPANCY AND ORDER: by Judge Sunshine Suzanne Sykes, ORDERING Letter to Judge dated August 6, 2022 submitted by Defendant Kenny Schachter received on August 11, 2022 is not to be filed but instead rejected. Denial based on: Local Rule 83-2.5 – No letters to the judge; Fed R. Civ. P. 5 No proof of service attached to document(s). (shb) (Entered: 08/15/2022)
08/17/202244 CIVIL STANDING ORDER by Judge Sunshine Suzanne Sykes. (iva) (Entered: 08/17/2022)
09/07/202245 MINUTE ORDER (IN CHAMBERS) Order to Show Cause re Dismissal for Lack of Prosecution by Judge Sunshine Suzanne Sykes. The defaulted Defendant(s) have not moved to set aside the default nor otherwise responded in this action. However, Plaintiff has not moved for the entry of default judgment. Accordingly, the Court, on its own motion, hereby orders Plaintiff to show cause in writing on or before September 21, 2022, why this action should not be dismissed, with respect to each defaulted Defendant. (lom) (Entered: 09/08/2022)
09/21/202246 RESPONSE filed by Plaintiff Elliot McGucken to Minutes of In Chambers Order/Directive – no proceeding held, Set/Reset Deadlines, 45 (Trechsel, Frank) (Entered: 09/21/2022)
09/21/202247 NOTICE OF DISMISSAL filed by Plaintiff Elliot McGucken pursuant to FRCP 41a(1) as to Kenny Schachter. (Trechsel, Frank) (Entered: 09/21/2022)
mcgucken v kantor gallery, schachter voluntary dismissal
NFT Artist, NFT Promoter, and NFT Dealer Kenny ‘Scratch N’ Sniff’ Schachter

By Dean McAdams

Born a poor peckerwood in a Tujunga holler, Dean overeducated himself beyond his social station to end up a retired paralegal in the coastal paradise of West L.A.