Bauermeister v. Youtube, LLC

Filing 11

MEMORANDUM AND ORDER - Plaintiff's Motion for Clarification (Filing No. 9 ) is granted. Plaintiff shall file an amended complaint by April 18, 2018, that states a claim upon which relief may be granted, as described above. Failure to file an am ended complaint within the time specified by the court will result in the court dismissing this case without further notice to Plaintiff. The clerk of the court is directed to set a pro se case management deadline using the following text: April 18, 2018amended complaint due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LKO)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MICHAEL STEVEN
BAUERMEISTER,
Plaintiff,
v.
YOUTUBE, LLC,
Defendant.

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8:17CV437

MEMORANDUM
AND ORDER

After initial review of Plaintiff’s Complaint (Filing No. 1), the court directed
Plaintiff to file an amended complaint by March 5, 2018, that “states a claim upon
which relief may be granted.” (Filing No. 6 at CM/ECF p. 6.) Plaintiff failed to do so,
but instead filed a Motion for Clarification (Filing No. 9) on March 7, 2018, which
asks, “what does the court ask from the plaintiff to file Amended complaint” and
states that he “need given time.”
To clarify, the court has decided that Plaintiff’s lawsuit may not continue unless
Plaintiff files an amended complaint for copyright infringement. To do so, Plaintiff’s
amended complaint must contain specific facts showing the following: (1) that
Plaintiff owns a valid copyright on material that has been posted on, and transmitted
by, YouTube; (2) that YouTube had knowledge of material that infringed upon
Plaintiff’s valid copyright; and (3) that upon obtaining such knowledge, YouTube
failed to expeditiously remove the material. Taylor Corp. v. Four Seasons Greetings,
LLC, 403 F.3d 958, 962 (8th Cir. 2005) (elements of copyright-infringement claim).
Plaintiff may not simply repeat this language. Rather, he must allege true and specific
facts describing the material at issue; establishing that Plaintiff owns a valid copyright
on such material; explaining that such material was posted on and transmitted by
YouTube and the dates of those occurrences; stating that YouTube knew about the
material and how and when it came to know about it; and indicating that when

YouTube learned about the infringing material, it failed to quickly remove it. Plaintiff
should be mindful to clearly explain what YouTube did to him, when YouTube did
it, how YouTube’s actions harmed him, and what specific legal rights Plaintiff
believes YouTube violated.
Plaintiff shall be granted additional time to file an amended complaint
complying with the above directions. Accordingly,
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion for Clarification (Filing No. 9) is granted, and such
clarification is provided above.
2.
Plaintiff shall file an amended complaint by April 18, 2018, that states a
claim upon which relief may be granted, as described above. Failure to file an
amended complaint within the time specified by the court will result in the court
dismissing this case without further notice to Plaintiff.
3.
The clerk of the court is directed to set a pro se case management deadline
using the following text: April 18, 2018—amended complaint due.
DATED this 19th day of March, 2018.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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