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Wolk v Photobucket Dismissal

Wolk v Photobucket Dismissal

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Published by Eric Goldman

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Published by: Eric Goldman on Jan 06, 2012
Copyright:Attribution Non-commercial

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03/29/2014

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UNITED STATES DISTRICT
COURT
SOUTHERN
DISTRICT
OF
NEW
YORK
-----------
-X
SHEILA
WOLK,
10
Civ.
4135
Plaintiff,
OPINION
-against
"'''-,
--.------
~ ' ~
~ ' . : "
,.
- ~
":~
":,,'.::
._-"
..
_--'
....
> ,
.'l.
,,,
KODAK
IMAGING
NETWORK,
INC.,
EASTMAN
,
, 
KODAK
COMPANY,
and
INC. ,
I'
i,
i
i
j
:,""
/-.
!
i:
~
Defendants.
------------------X
A P
PEA
RAN
C E
S:
Pro
Se
Sheila
Wolk 
7
West
87th
Street,
Apt.
2D 
New
York,
NY
10024 
Attorneys
Defendants
Kodak
Imaging Network,
Inc.
and
Eastman
Kodak
Company
NIXON
PEABODY
LLP 
100
Summer
Street 
Boston,
MA
02110 
By:
Gina
M.
McCreadie, Esq.
437
Madison
Avenue 
New
York,
NY
10022 
By: Mark
D.
Robins,
Esq. 
One
Embarcadero
Center 
San
Francisco,
CA
94111 
By:
Talley
M.
Henry, 
Case 1:10-cv-04135-RWS Document 102 Filed 01/03/12 Page 1 of 69
 
Attorneys
for
DefendantPhotobucket.com,
Inc.
NORWICK
SCHAD
&
GOERING
110
East 59th
Street,
29th
Floor
New
York,
NY
10022
By:
Kenneth
P.
Norwick,
Esq.
SATTERLEE STEPHENS
BURKE
&
BURKE
LLP
230
Park
Avenue
New
York,
NY
10169
By.
Mark
Alan
Lerner,
Esq.
Case 1:10-cv-04135-RWS Document 102 Filed 01/03/12 Page 2 of 69
 
Sweet,
D.J.
There
are
sevenmotionspending
before the
Court.
Plaintiff
se
Sheila
Wolk
(the
"PI
ntiff"
or
"Wolk")
has
filed
motions,
pursuant
to
Fed.
R.
Civ.
P.
56,
for
both
partial
summary
judgment
against
Defendants
Kodak
ImagingNetwork,
Inc.
and
Eastman
KodakCompany
(collectively,
the
"Kodak
Defendants")
as
well
as
summary
judgment
against
Inc.
("Photobucket"
and,
with
the
Kodak
Defendants,
the
"Defendants").
The
Kodak
Defendants
have
filed
a
cross
motion
for
summary
judgment
with
respect to
all
counts
Plaintiff's
complaint
pursuant
to
the
same
rule.
Photobuckethas
filed
its
own
similar
motion.
In
addition
to
thefour
summary
judgment
motions,
also
pending
before the
Court
are
Plaintiff's
motion
to
amend,
Plaintiff's
motion
to
admit
expert
testimony
and
a
motion
Plaintiff
has
filed entitled
"Motion
To
Investigate
The
Subordination
And
Acts
Of
Perjury
By
The
Defendants."
Upon
the
findings
and
conclusions
set
forth
below,
Plaintiff's
motion
for
partial
summary
judgment
against
the
Kodak
Defendants,
motion
for
summary
judgment
against
Photobucket,
motion
to
amend,
motion
to
admit
expert
testimony
1 
Case 1:10-cv-04135-RWS Document 102 Filed 01/03/12 Page 3 of 69

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