No. 24-267

John Abdelsayed, et al. v. Affordable Aerial Photography, Inc.

Lower Court: Eleventh Circuit
Docketed: 2024-09-10
Status: Denied
Type: Paid
Response RequestedRelisted (3)
Tags: circuit-split dismissal-without-prejudice fee-shifting judicial-discretion prevailing-party statutory-interpretation
Latest Conference: 2025-03-07 (distributed 3 times)
Question Presented (from Petition)

1. Does a dismissal without prejudice that reestablishes the pre-suit status quo make a defendant the "prevailing party" under 17 U.S.C. §§ 505 and 1203(b)(5)?

2. Is a final judgment of voluntary dismissal without prejudice, entered in response to a plaintiff's request under Rule 41(a)(2), a "judgment that [a plaintiff] finally obtains" for purposes of Rule 68?

Question Presented (AI Summary)

Does a dismissal without prejudice that reestablishes the pre-suit status quo make a defendant the 'prevailing party' under fee-shifting statutes?

Docket Entries

2025-03-10
Rehearing DENIED.
2025-02-19
DISTRIBUTED for Conference of 3/7/2025.
2025-02-07
Petition of John Abdelsayed, et al. for rehearing submitted.
Main DocumentCertificate of Word CountProof of Service
2025-02-07
Petition for Rehearing filed.
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2025-01-13
Petition DENIED.
2024-12-18
DISTRIBUTED for Conference of 1/10/2025.
2024-12-16
Reply of John Abdelsayed, et al. submitted.
Certificate of Word CountProof of ServiceMain Document
2024-12-16
Reply of petitioners John Abdelsayed, et al. filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2024-12-10
Brief of Affordable Aerial Photography, Inc. in opposition submitted.
Main DocumentProof of ServiceCertificate of Word CountMain Document
2024-12-02
Brief of respondent Affordable Aerial Photography, Inc. in opposition filed. (Distributed)
Main DocumentProof of ServiceCertificate of Word CountMain DocumentProof of ServiceCertificate of Word Count
2024-11-01
Response Requested. (Due December 2, 2024)
2024-10-23
DISTRIBUTED for Conference of 11/8/2024.
2024-09-04
Petition for a writ of certiorari filed. (Response due October 10, 2024)
PetitionAppendixCertificate of Word CountProof of ServicePetitionAppendixCertificate of Word Count
2024-07-25
Application (24A91) granted by Justice Thomas extending the time to file until September 5, 2024.
2024-07-23
Application (24A91) to extend the time to file a petition for a writ of certiorari from August 6, 2024 to October 5, 2024, submitted to Justice Thomas.
Main DocumentLower Court Orders/OpinionsLower Court Orders/OpinionsLower Court Orders/OpinionsMain DocumentLower Court Orders/OpinionsLower Court Orders/Opinions

Attorneys

Affordable Aerial Photography, Inc.
Daniel DeSouza — CopyCat Legal PLLC, Respondent
John Abdelsayed, et al.
Griffin Clayton Klema — Klema Law, PL, Petitioner