1

SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:22-cv-23699-RKA

DAVID GORDON OPPENHEIMER,

Plaintiff,

v.

PANDA IDX, LLC,

Defendant.

PLAINTIFF’S MOTION TO EXTEND THE DEADLINE TO AMEND PLEADINGS OR 

JOIN PARTIES, OR IN THE ALTERNATIVE, FOR LEAVE TO AMEND THE 

COMPLAINT

Plaintiff DAVID GORDON OPPENHEIMER, by and through his undersigned counsel, 

hereby files this Motion to Extend the Deadline to Amend the Pleadings or Join Parties, or in the 

Alternative, For Leave to Amend the Complaint, and in support thereof states as follows:

1. On April 24, 2023, this Court entered a scheduling order setting the deadline for 

the parties to file motions to amend pleadings or to join parties by June 12, 2023. (DE 35).

2. On May 10, 2023, Plaintiff served on Defendant Panda IDX, LLC (“Panda”) its 

First Set of Requests for Production and First Set of Interrogatories. (Nieves Decl. ¶ 4, Ex. 1). As 

Panda has repeatedly stated it hired an independent contractor who is responsible for the 

infringement of Plaintiff’s copyrighted work at issue, the discovery requests sought specific 

documents and information that could potentially identify the independent contractor. (Nieves 

Decl. ¶ 4).

3. On the afternoon of June 9, 2023, Panda served its responses and objections to 

Plaintiff’s Requests for Production, which offered to produce responsive documents to just two 

Case 1:22-cv-23699-RKA Document 46 Entered on FLSD Docket 06/12/2023 Page 1 of 4
2

SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

of the ten requests. (Nieves Decl. ¶ 5, Ex. 2). Panda did not produce any documents. (Nieves 

Decl. ¶ 5). Panda also served its Answers to Plaintiff’s Interrogatories, unsigned and unsworn by 

the defendant. (Nieves Decl. ¶ 6, Ex. 3).

4. On Monday, June 12, 2023, Panda served on Plaintiff a signed copy of the 

Interrogatories. (Nieves Decl. ¶ 7, Ex. 4). Panda still did not produce any documents. (Nieves 

Decl. ¶ 8).

5. The answers to the Interrogatories and the responses to the Requests for 

Production do not provide any information at all about the purported independent contractor. 

However, Panda’s answer to Interrogatory 6 and responses to Requests 8 and 9 indicate that 

responsive documents will be produced that directly concern and support Panda’s assertion that 

an independent contractor is responsible for the use of Plaintiff’s copyrighted photograph, and 

information on this individual could finally be disclosed. (Nieves Decl. ¶ 9).

6. Given that the website Panda used to hire the independent contractor, 

Freelancer.com, requires that all communications with its users be conducted through the website 

or the application, it is very likely Panda has the ability to produce the information sought in 

Plaintiff’s discovery requests. (Nieves Decl. ¶ 10, Ex. 5). 

7. Plaintiff has been waiting for information and documentation on Panda’s 

independent contractor in order to determine whether this individual could be served and 

properly added as a defendant in this case. (Nieves Decl. ¶ 11). Panda has only indicated that the 

individual is an “Argentinian National” but has provided no basis for this description and does 

not explain whether the individual is located within the U.S. or abroad, and how Panda knows 

this. (Id.).

Case 1:22-cv-23699-RKA Document 46 Entered on FLSD Docket 06/12/2023 Page 2 of 4
3

SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

8. Plaintiff is preparing to serve Panda with correspondence detailing the 

deficiencies in their discovery responses and objections, and will then attempt to meet and confer 

with Panda in order to quickly find resolution or move to compel the information Plaintiff seeks.

(Nieves Decl. ¶ 12).

9. Plaintiff requests this Court extend the deadline to amend the pleadings by 

fourteen (14) days to give Panda time to produce the responsive documents it promised, Plaintiff 

time to review the documents, and the parties time to work through the discovery disputes and 

narrow or resolve the issues.

10. A 14-day extension should give Plaintiff an opportunity to determine whether the 

independent contractor Panda hired is capable of being served, so that Plaintiff can decide 

whether it will name this individual in the Complaint.

11. In the alternative, Plaintiff moves this honorable Court for leave to amend its 

Complaint to add a claim against Panda for secondary liability for the infringement committed 

by its independent contractor. A copy of the proposed Amended Complaint is attached hereto as 

Exhibit 1.

12. Plaintiff did not have an opportunity to meet and confer with Panda before the end 

of the business day. Plaintiff reached out by phone and email after 5pm but Panda did not 

respond. (Nieves Decl. ¶ 16). However, Plaintiff is confident that Panda would oppose the 

amendment of the Complaint because it adds a claim for secondary liability against Panda. (Id.).

WHEREFORE, Plaintiff DAVID GORDON OPPENHEIMER prays this Honorable Court 

extend the deadline to amend the pleadings or join parties up to and through June 26, 2023, or in 

the alternative, that the Court grant Plaintiff leave to amend the Complaint, and for such other and 

further relief as to this Court deems just and proper in the premises. 

Case 1:22-cv-23699-RKA Document 46 Entered on FLSD Docket 06/12/2023 Page 3 of 4
4

SRIPLAW

CALIFORNIA ◆ GEORGIA ◆ FLORIDA ◆ TENNESSEE ◆ NEW YORK

DATED: June 13, 2023 Respectfully submitted,

/s/ Angela M. Nieves

ANGELA M. NIEVES

Florida Bar No. 1032760

angela.nieves@sriplaw.com

JOEL B. ROTHMAN

Florida Bar No. 98220

joel.rothman@sriplaw.com

EVAN A. ANDERSEN

evan.andersen@sriplaw.com

Admitted Pro Hac Vice

Georgia Bar No. 377422

SRIPLAW

21301 Powerline Road

Suite 100

Boca Raton, FL 33433

561.404.4350 – Telephone

561.404.4353 – Facsimile

Attorneys for Plaintiff David Gordon Oppenheimer

CERTIFICATION OF SERVICE

The undersigned does hereby certify that on June 12, 2023, the foregoing document

was electronically filed with the Clerk of the Court using the CM/ECF system and served on all

attorneys of record via the CM/ECF system.

s/Angela M. Nieves

ANGELA M. NIEVES

Case 1:22-cv-23699-RKA Document 46 Entered on FLSD Docket 06/12/2023 Page 4 of 4