Planck LLC v. Particle Media, Inc.
| Planck Media, d/b/a, Patch Media and Planck LLC doing business as Patch Media |
| Particle Media, Inc., d/b/a, News Break, Particle Media, Inc. doing business as News Break, Jeff Zheng and Vincent Wu |
| 1:2020cv10959 |
| December 28, 2020 |
| US District Court for the Southern District of New York |
| Lorna G Schofield |
| Copyright |
| 17 U.S.C. § 101 Copyright Infringement |
| Both |
Docket Report
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This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.
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Filing 124
NOTICE OF CHANGE OF ADDRESS by Emily Catherine Finestone on behalf of Planck LLC. New Address: Judd Burstein, P.C., 110 E. 59th Street, 22nd Floor, New York, New York, United States 10022, (212) 974-2400..(Finestone, Emily)
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Filing 123
NOTICE OF CHANGE OF ADDRESS by Peter B. Schalk on behalf of Planck LLC. New Address: Judd Burstein, P.C., 110 E. 59th Street, 22nd Floor, New York, New York, United States 10022, (212) 974-2400..(Schalk, Peter)
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Filing 122
NOTICE OF CHANGE OF ADDRESS by Judd Burstein on behalf of Planck LLC. New Address: Judd Burstein, P.C., 110 E. 59th Street, 22nd Floor, New York, New York, United States 10022, (212) 974-2400..(Burstein, Judd)
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Filing 121
SEALED DOCUMENT placed in vault. (nmo)
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Filing 120
AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a final decision was rendered on 11/1/2022 in a court action filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (mml)
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Filing 119
JUDGMENT PURSUANT TO FED. R. CIV. P. 68: THEREFORE, IT IS HEREBY ADJUDGED AND DECREED THAT, pursuant to Rule 68 of the Federal Rules of Civil Procedure, Plaintiff takes judgment against Defendants News Break and Vincent Wu, jointly and severally, in the amount of One Million Seven Hundred and Fifty Thousand Dollars ($1,750,000), to be paid within thirty (30) days of entry of judgment, with Plaintiff further entitled to recover costs and reasonable attorneys' fees to which it is authorized by law to receive, to be separately determined by the Court in the future. Defendants may challenge the reasonableness of any costs or attorneys' fees requested by Plaintiff; and IT IS FURTHER HEREBY ADJUDGED AND DECREED THAT, pursuant to Rule 68 of the Federal Rules of Civil Procedure, Defendants News Break and Vincent Wu, and their employees, agents, officers, directors, attorneys, successors, affiliates, subsidiaries, and assigns are hereby permanently enjoined from acquiring, obtaining, copying, displaying, publishing, intentionally removing or altering any copyright management information from, or providing or distributing false copyright management information for, any content appearing on Patch's website or mobile application in which Patch holds a copyright; and IT IS FURTHER HEREBY ADJUDGED AND DECREED THAT neither Defendants' Rule 68 Offer of Judgment, nor this judgment and injunction, shall be construed as an admission of liability as alleged in the FAC; and neither Defendants' Rule 68 offer of Judgment, nor this judgment and injunction, shall be admissible in any other proceeding except for a proceeding to enforce the relief granted herein. (Signed by Judge Lorna G. Schofield on 11/1/2022) (mml)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #118 Proposed Judgment was reviewed and approved as to form. (km)
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***NOTICE TO COURT REGARDING NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Document No. #117 Notice of Acceptance with Offer of Judgment was reviewed and approved as to form. (km)
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Filing 118
PROPOSED JUDGMENT. Re: Document No. #117 Notice of Acceptance with Offer of Judgment. Document filed by Planck LLC..(Burstein, Judd) Proposed Judgment to be reviewed by Clerk's Office staff.
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Filing 117
NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Planck LLC. (Attachments: #1 Exhibit A).(Burstein, Judd)
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Filing 116
FILING ERROR - DEFICIENT DOCKET ENTRY - NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT . Document filed by Planck LLC. (Attachments: #1 Exhibit A).(Burstein, Judd) Modified on 10/31/2022 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Notice to attorney Judd Burstein re: Document No. #116 Notice of Acceptance with Offer of Judgment. The filing is deficient for the following reason(s): the proposed judgment was not filed. Refile the Notice of Offer with the acceptance as one entry. Immediately file the proposed judgment using the event type Proposed Judgment located under the event list Proposed Orders. (km)
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Filing 115
FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED JUDGMENT. Re: Document No. #114 Notice (Other). Document filed by Planck LLC..(Burstein, Judd) Proposed Judgment to be reviewed by Clerk's Office staff. Modified on 10/28/2022 (km).
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Filing 114
FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - NOTICE of Acceptance of Defendants' Offer of Judgment Pursuant to Federal Rule of Civil Procedure 68. Document filed by Planck LLC. (Attachments: #1 Exhibit A).(Burstein, Judd) Modified on 10/28/2022 (km).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED JUDGMENT. Notice to attorney Judd Burstein to RE-FILE Document No. #115 Proposed Judgment. The filing is deficient for the following reason(s): The signature line of the judgment needs to be changed to one for the Judge to sign, not the Clerk of Court. Re-file the document using the event type Proposed Judgment found under the event list Proposed Orders. (km)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT NOTICE OF ACCEPTANCE WITH OFFER OF JUDGMENT. Notice to attorney Judd Burstein to RE-FILE Document No. #114 Notice (Other). The filing is deficient for the following reason(s): the notice of acceptance with offer of judgment is not signed (handwritten signature). Re-file the document using the event type Notice of Acceptance With Offer of Judgment found under the event list Notices - attach the correct signed and dated PDF(s) for the offer and notice of acceptance, plus proof of service - select the correct filer/filers. (km)
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Filing 113
ORDER: It is hereby ORDERED that the Plaintiff's request is GRANTED. The rebuttal report deadline is extended until November 23, 2022, and the expert discovery deadline is extended until December 5, 2022. The pre-motion conference scheduled for November 16, 2022, is adjourned to December 14, 2022, at 4:20 P.M. The parties otherwise shall comply with the instructions in paragraph 13(c) of the Fifth Amended Civil Case Management Plan and Scheduling Order at Dkt. No. 109. No further extensions will be granted absent extraordinary circumstances. ( Expert Discovery due by 12/5/2022., Pre-Motion Conference set for 12/14/2022 at 04:20 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/12/2022) (tg)
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Filing 112
ORDER granting #111 Letter Motion for Extension of Time. Application GRANTED. The parties shall completeexpert discovery by the dates proposed below. (Signed by Judge Lorna G. Schofield on 9/19/2022) (va)
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Set/Reset Deadlines: Deposition due by 11/7/2022. (va)
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Filing 111
JOINT LETTER MOTION for Extension of Time re Expert Reports addressed to Judge Lorna G. Schofield from Judd Burstein and Kelly M. Klaus dated 09/16/2022. Document filed by Planck LLC..(Burstein, Judd)
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Filing 110
MEMO ENDORSEMENT on re: #108 Letter filed by Vincent Wu, Particle Media, Inc. ENDORSEMENT: Application GRANTED. The parties shall complete expert discovery by the dates listed above. An amended case management plan and scheduling order will issue separately. No extensions of expert discovery will be granted absent extraordinary circumstances, which do not include further settlement discussions or mediation. (Deposition due by 11/7/2022.) (Signed by Judge Lorna G. Schofield on 8/30/2022) (mml)
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Filing 109
FIFTH AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). All Expert Discovery due by 11/7/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 10 court days, subject to discovery and motion practice. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/30/2022) (ama)
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Filing 108
JOINT LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus and Judd Burstein dated August 29, 2022 re: Status of Settlement Negotiations. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 107
MEMO ENDORSEMENT on re: #106 Letter filed by Planck LLC. ENDORSEMENT: Application GRANTED. By August 29, 2022, the parties shall file a status letter regarding settlement negotiations, and if they have not reached a resolution by August 29, 2022, they shall include in the letter a proposed expert discovery schedule. No further extensions will be granted absent extraordinary circumstances. (Signed by Judge Lorna G. Schofield on 8/16/2022) (mml)
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Filing 106
JOINT LETTER addressed to Judge Lorna G. Schofield from Judd Burstein and Kelly M. Klaus dated 08/15/2022 re: Settlement Negotiations and Expert Discovery. Document filed by Planck LLC..(Burstein, Judd)
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Filing 105
MEMO ENDORSEMENT on re: #104 Letter filed by Vincent Wu, Particle Media, Inc., Jeff Zheng. ENDORSEMENT: Application GRANTED. By August 15, 2022, the parties shall file a status letter regarding settlement negotiations, and if they have not reached a resolution by August 15, 2022, they shall include in the letter a proposed expert discovery schedule. (Signed by Judge Lorna G. Schofield on 8/9/2022) (vfr)
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Filing 104
JOINT LETTER addressed to Judge Lorna G. Schofield from the Parties dated August 8, 2022 re: Mediation Status. Document filed by Particle Media, Inc., Vincent Wu, Jeff Zheng..(Klaus, Kelly)
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Filing 103
JOINT LETTER addressed to Judge Lorna G. Schofield from Rowley J. Rice dated July 8, 2022 re: Planck LLC, d/b/a Patch Media v. Particle Media, Inc., d/b/a News Break, et al. Case No. 20-cv-10959 (LGS). Document filed by Particle Media, Inc...(Rice, Rowley)
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Filing 102
MEMO ENDORSEMENT on re: #101 Letter filed by Planck LLC. ENDORSEMENT: The pre-motion conference scheduled for July 20, 2022, is adjourned sine die. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/17/2022) (mml)
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Filing 101
JOINT LETTER addressed to Judge Lorna G. Schofield from Judd Burstein and Kelly M. Klaus dated 06/16/2022 re: 06/09/2022 Order (Dkt. No. 100). Document filed by Planck LLC..(Burstein, Judd)
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Filing 100
ORDER granting in part #99 Letter Motion for Conference re: #99 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Kelly M. Klaus and Peter Schalk dated June 7, 2022. The application is GRANTED IN PART. The parties are advised that discovery deadlines are not typically stayed or extended to accommodate the use of any alternative dispute mechanism. Discovery is stayed for sixty (60) days while the parties pursue private mediation. By July 8, 2022, the parties shall file a joint letter regarding the status of mediation. By August 8, 2022, the parties shall file a letter stating whether they have reached a resolution through mediation. If, by August 8, 2022, the parties have not reached a resolution, an expert discovery schedule will issue. The Clerk of Court is respectfully directed to close the motion at Docket No. 99. (Signed by Judge Lorna G. Schofield on 6/9/2022) (jca)
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Filing 99
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Kelly M. Klaus and Peter Schalk dated June 7, 2022. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 98
JOINT LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus and Peter B. Schalk dated June 6, 2022 re: Status Report Letter Pursuant to the Fourth Amended Civil Case Management Plan and Scheduling Order. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 97
JOINT STIPULATION AND ORDER EXTENDING DEADLINES: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and betweenthe parties hereto, through their respective counsel in this action, that the deadlines set forth in the Case Management Plan shall be amended as follows: a. The deadline for completing depositions and completing fact discovery (subject to the other limitations set forth in this Stipulation and Order), as set forth in sections 8(a) and (e), shall be extended from May 31, 2022 until June 3, 2022 for the purpose of completing Mr. Noto's deposition only; b. The deadline for submitting a status letter after the close of fact discovery, as set forth in section 13(b), shall be extended from June 1, 2022 until June 6, 2022; and c. Fact discovery is coming to a close on June 3, 2022, and therefore, on consent of counsel for Plaintiff and Defendants, the deadline for the parties to meet and confer regarding discovery schedule for expert disclosures is extended by two days to June 8, 2022. No further extensions will be granted absent extraordinary circumstances. An amended case management plan and scheduling order will issue separately. (Fact Discovery due by 6/3/2022.) (Signed by Judge Lorna G. Schofield on 5/31/2022) (tro)
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Filing 96
FOURTH CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. Fact Discovery June 3, 2022, for the limited purpose of completing Mr. Noto's deposition. Deposition due by 6/3/2022. Expert Discovery due by 7/8/2022. This case is to be tried to a jury. Best estimate of the length of trial is 10 court days, subject to discovery and motion practice. The Clerk of Court is directed to enter the dates under parageraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 5/31/2022) (tro)
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Filing 95
PROPOSED STIPULATION AND ORDER. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 94
JOINT STIPULATION AND ORDER EXTENDING DEADLINES: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through their respective counsel in this action, that the deadlines set forth in the Case Management Plan shall be amended as follows: The deadline for completing depositions and completing fact discovery (subject to the other limitations set forth in this Stipulation and Order), as set forth in sections 8(a) and (e), shall be extended from May 26, 2022 until May 31, 2022 for the purpose of completing Mr. St. John and Mr. Noto's depositions only. The deadline for the parties to meet and confer on a schedule for expert disclosures, as set forth in section 9(c), shall be extended from May 31, 2022 until June 6, 2022; The deadline for completing expert discovery, as set forth in section 9(b), shall be extended from June 30, 2022 until July 8, 2022; The deadline for submitting a status letter after the close of fact discovery, as set forth in section 13(b), shall be extended from May 26, 2022 until June 1, 2022; and The date for the pre-motion conference on any anticipated dispositive motions, as set forth in section 13(c) (along with the corresponding deadline for submitting a pre-motion letter), shall be extended from July 13, 2022 at 4:30 p.m. until July 19, 2022 at 4:30 pm, or at such other date and time as the Court may prefer. SO ORDERED. ( Deposition due by 5/31/2022., Expert Discovery due by 7/8/2022., Telephone Conference set for 7/19/2022 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/25/2022) (ama)
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Filing 93
THIRD AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Deposition due by 5/31/2022. May 31, 2022, for the purpose of completing thedepositions of Mr. St. John and Mr. Noto. Expert Discovery due by 7/8/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 10 court days, subject to discovery and motion practice. Telephone Conference set for 7/20/2022 at 04:30 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Courts calendar. (Signed by Judge Lorna G. Schofield on 5/25/2022) (mml)
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Filing 92
PROPOSED STIPULATION AND ORDER. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 91
ORDER denying #85 LETTER MOTION for Conference re: Pre-Motion Conference addressed to Judge Lorna G. Schofield from Peter B. Schalk dated 04/29/2022. It is herebyORDERED that Defendants' request for a protective order (Dkt. No. 84) precluding Jeff Zheng's deposition is GRANTED IN PART. Plaintiff has failed to demonstrate that Zheng has unique, personal knowledge of the claims at issue that cannot be addressed by other testifying witnesses. To the extent Zheng may have unique, personal knowledge regarding News Break's technological processes and potential investors, Plaintiff has failed to articulate how those issues relate to the specific claims in this action. Following the depositions of News Break employees, including Vincent Wu, Plaintiff may renew its request by filing a letter with the court describing the areas in which Zheng possesses unique, personal knowledge. By May 20, 2022, Defendants shall submit to Plaintiff a declaration from Zheng establishing his involvement and personal knowledge regarding the allegations in the First Amended Complaint ("FAC"), including the extent to which News Breaks technological processes intersect with potential issues of copyright infringement. It is furtherORDERED that, for substantially the reasons stated by Defendants, Plaintiff's request for an order compelling Defendants to produce documents concerning Patch content that appeared on News Breaks websites and/or mobile applications (Dkt. No. 85) is DENIED. Defendants represent that they produced Uniform Resource Locators associated with the registered, infringing works identified in the FAC. It would be unduly burdensome and unproductive to require Defendants, at this stage of the litigation, to generate a list of all Patch content that Plaintiff failed to identify as an infringing work in the FAC and/or is not a registered copyright for which Plaintiff might recover damages. It is further ORDERED that Plaintiff's request for an order compelling Defendants to produce documents concerning News Break's technical processes, including source code and pseudo code (Dkt. No. 85), is DENIED. In its current form, such a request is overly broad, and Plaintiff has failed to demonstrate how these potentially sensitive documents are relevant to its claims. Plaintiff argues that such technical documents are relevant to establishing how News Break obtained, published and financially exploited Patch content, but the request goes far beyond the specific acquisition and use of Patch content, which does not necessarily implicate Defendants' technological processes more broadly. It is further ORDERED that Plaintiff's request that Defendants produce documents concerning claims against News Break for copyright infringement or violations of the DMCA or settlement agreements or licenses regarding such claims (Dkt. No. 85) is DENIED because only criminal copyright infringement is a RICO predicate act for purposes of establishing a pattern of racketeering. It is further ORDERED that Plaintiff's request that Defendant produce board and investor materials, including regulatory filings concerning fundraising efforts by or on behalf of News Break (Dkt. No. 85), is DENIED. Defendants agreed to produce board and investor materials concerning Patch, Patch content and News Break's acquisition and publication of Patch content but did not identify any responsive documents. Plaintiff's claim that these materials relate to "the management of News Break as an alleged RICO enterprise" is insufficient to justify the production of all board and investor materials regarding the management of News Break. It is furtherORDERED that Plaintiff's request that Defendants identify all entities it contracted with to publish content and witnesses not affiliated with News Break with knowledge of the same (Dkt. No. 85) is DENIED. Defendants argue that this request is overly burdensome because News Break has agreements with hundreds of publishers and its agreements with publishers are constantly changing. Defendants have identified a representative sample of such publishers. Without further justification or detail from Plaintiff, such a representative sample is sufficient. Plaintiff does not explain why it is necessary, even for purposes of establishing a pattern of racketeering, to identify all of News Break's publisher-partners. It is further ORDERED that Defendants' request that the court compel Plaintiff to answer certain interrogatories and deem admitted the matters raised in certain requests for admission (Dkt. No. 86) is DENIED IN PART. Defendants' dissatisfaction with Plaintiff's responses to an interrogatory and requests to admit regarding the assertion of infringement claims with respect to unregistered copyright not listed in the complaint does not warrant court intervention. With respect to the interrogatory regarding Plaintiff's ability to recover statutory damages, Federal Rule of Civil Procedure 36(a)(1) permits "the application of law to fact." Fed. R. Civ. P. 36(a)(1). Here, Defendants merely request that Plaintiff apply the law, with respect to the timing of registration and publication of specific works, to the facts. Plaintiff's objection is overruled and it shall provide a response to this interrogatory by May 17, 2022. With respect to interrogatories asking Plaintiff to identify allegedly infringing works not identified in the FAC and related documents, Plaintiff represents that it has produced additional examples of infringement that were not identified in the FAC. By May 17, 2022, Plaintiff shall produce a list identifying allegedly infringing works not identified in the FAC. As to Defendants' request to admit that certain allegedly infringing works are related to COVID-19, Plaintiff's denial is inappropriate because it "must specify the part admitted and qualify or deny the rest." Fed. R. Civ. P. 36(a)(4). By May 17, 2022, Plaintiff shall serve an answer that specifies the part admitted and qualifies or denies the rest. It is further ORDERED that Defendants' request that the court compel Plaintiff to disclose its search terms (Dkt. No. 86) is DENIED. The parties did not determine in advance to agree on or exchange search terms. Defendants' demand near the close of discovery is unwarranted. Defendants' speculation regarding the completeness of Plaintiff's email production is based solely on the difference in volume between the parties' respective productions, and the fact that Plaintiff previously took the position that requests did not cover communications. Plaintiff has since abandoned that position and states that the size of the parties' productions is comparable when viewed in light of duplicate, potentially irrelevant documents. Accordingly, Defendants do not offer an adequate basis for which to compel the production of search terms. It is further ORDERED that Plaintiff's request for an extension to the discovery deadline is GRANTED IN PART. Plaintiff has had adequate time to translate Chinese-language documents, but a one-week extension is granted for the limited purpose of allowing Plaintiff to depose Xuhui Yang. The Clerk of Court is respectfully directed to close the motion at Docket No. 85.. (Signed by Judge Lorna G. Schofield on 5/11/2022) (mml)
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Filing 90
LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated May 6, 2022 re: Response to Patch's Pre-Motion Letter (Dkt. 85). Document filed by Particle Media, Inc., Vincent Wu, Jeff Zheng..(Klaus, Kelly)
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Filing 89
LETTER addressed to Judge Lorna G. Schofield from Peter B. Schalk dated 05/06/2022 re: Response to Defendants' 04/29/2022 Pre-Motion Letter (Dkt. No. 86). Document filed by Planck LLC..(Burstein, Judd)
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Filing 88
LETTER addressed to Judge Lorna G. Schofield from Peter B. Schalk dated 05/06/2022 re: Response to Defendants' 04/29/2022 Pre-Motion Letter (Dkt. No. 84). Document filed by Planck LLC..(Burstein, Judd)
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Filing 87
MEMO ENDORSEMENT on re: #84 Letter filed by Vincent Wu, Particle Media, Inc. ENDORSEMENT: By May 6, 2022, Plaintiff shall file a response to this letter and Defendants' letter at Docket No. 86. By May 6, 2022, Defendants shall file a response to Plaintiff's letter at Docket No. 85. SO ORDERED. (Responses due by 5/6/2022.) (Signed by Judge Lorna G. Schofield on 4/2/2022) (mml)
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Filing 86
LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated April 29, 2022 re: Request for a Pre-Motion Conference. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 85
LETTER MOTION for Conference re: Pre-Motion Conference addressed to Judge Lorna G. Schofield from Peter B. Schalk dated 04/29/2022. Document filed by Planck LLC..(Burstein, Judd)
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Filing 84
LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated April 29, 2022 re: Request for a Pre-Motion Conference. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 83
JOINT STIPULATION AND ORDER EXTENDING DEADLINES, IT IS HEREBY STIPULATED AND AGREED by and between the parties hereto, through their respective counsel in this action, that the deadlines set forth in the Case Management Plan shall be amended as follows: a. The deadline for completing depositions and completing fact discovery (subject to the other limitations set forth in this Stipulation and Order), as set forth in Paragraphs 8(a) and (e), shall be extended from May 5, 2022 until May 26, 2022; b. The extension provided by Paragraph (a) of this Stipulation and Order shall not affect the deadlines for serving requests for production of documents, interrogatories, or requests for admission, all of which deadlines have passed; c. No party shall file a pre-motion letter requesting a conference on a discovery motion or otherwise move to compel during the period of April 4, 2022 through April 22, 2022; if the parties have been unable to resolve any discovery disputes, other than discovery disputes arising out of the taking of fact depositions prior to May 26, 2022, or discovery disputes during the expert discovery period (Dkt. No. 70 9(b), (c), and Paragraphs (e) and (f) below), a party seeking this Courts resolution of any such dispute shall file its pre-motion letter requesting a conference on such discovery motion by no later than April 29, 2022; d. Nothing in this Stipulation and Order stays any party's obligation to continue to produce documents or respond to outstanding written discovery requests, or to continue meeting and conferring in good faith with the opposing party regarding any discovery disputes, through the conclusion of fact discovery; e. The deadline for the parties to meet and confer on a schedule for expert disclosures, as set forth in section 9(c), shall be extended from May 20, 2022 until May 31, 2022; f. The deadline for completing expert discovery, as set forth in section 9(b), shall be extended from June 20, 2022 until June 30, 2022; g. The deadline for submitting a status letter after the close of fact discovery, as set forth in section 13(b), shall be extended from May 19, 2022 until May 26, 2022; and h. The deadline for submitting a status letter regarding any anticipated dispositive motions, as set forth in section 13, shall be extended from July 6, 2022 at 4:30 p.m. until July 13, 2022 at 4:30 p.m. An amended case management plan and scheduling order will issue separately. SO ORDERED. (Deposition due by 5/26/2022., Expert Discovery due by 6/30/2022., Fact Discovery due by 5/26/2022.) (Signed by Judge Lorna G. Schofield on 4/8/2022) (kv)
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Filing 82
FIRST AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Deposition due by 5/26/2022. Fact Discovery due by 5/26/2022. Expert Discovery due by 6/30/2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 10 court days, subject to discovery and motion practice. Telephone Conference set for 7/13/2022 at 04:30 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Courts Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/8/2022) (mml)
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Filing 81
PROPOSED STIPULATION AND ORDER. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 80
JOINT STIPULATION AND ORDER TO PRODUCE A DOCUMENT: NOW IT IS HEREBY ORDERED that Plaintiff shall produce the MSN Agreement within 5 business days of this Stipulation being "So Ordered" by the Court. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/1/2022) (jca)
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Filing 79
PROPOSED STIPULATION AND ORDER. Document filed by Planck LLC..(Burstein, Judd)
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Filing 78
MEMO ENDORSEMENT on re: #77 Notice of Letter Reply to March 21, 2022 letter re: #76 Response to Motion denying #74 Letter Motion for Conference addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated March 14, 2022. ENDORSEMENT: The application for a pre-motion conference is DENIED as moot, as Defendants state in their letter dated March 22, 2022, that the conference is no longer necessary. The Clerk of Court is respectfully directed to close the motion at Docket No. 74. (Signed by Judge Lorna G. Schofield on 3/23/2022) (vfr)
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Filing 77
NOTICE of Letter Reply to March 21, 2022 letter re: #76 Response to Motion,. Document filed by Particle Media, Inc...(Klaus, Kelly)
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Filing 76
LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Peter B. Schalk dated 03/21/2022 re: #74 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated March 14, 2022. . Document filed by Planck LLC..(Burstein, Judd)
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Filing 75
ORDER with respect to #74 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated March 14, 2022. By March 21, 2022, Plaintiff shall file a response to this letter. SO ORDERED. (Signed by Judge Lorna G. Schofield on 3/15/2022) (mml)
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Set/Reset Deadlines: Responses due by 3/21/2022. (mml) Modified on 3/17/2022 (mml).
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Filing 74
LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated March 14, 2022. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 73
JOINT LETTER addressed to Judge Lorna G. Schofield from Peter B. Schalk and Kelly M. Klaus dated 02/28/2022 re: Joint Status Letter. Document filed by Planck LLC..(Burstein, Judd)
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Filing 72
STIPULATED PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material. And as set forth herein. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/10/2022) (ama)
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Filing 71
PROPOSED STIPULATION AND ORDER. Document filed by Particle Media, Inc...(Klaus, Kelly)
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Filing 70
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). The parties believe that they should serve initial interrogatories by February 1, 2022 and any further interrogatories should be served by April 1, 2022. Requests to admit pursuant to Fed. R. Civ. P. 36 shall be served by March 18, 2022. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 10 court days, subject to discovery and motion practice. Deposition due by 5/5/2022. Fact Discovery due by 5/5/2022. Expert Discovery due by 6/20/2022. Pre-Motion Conference set for 7/6/2022 at 04:30 PM before Judge Lorna G. Schofield. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (And as further set forth herein.) SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/3/2022) (jca)
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Filing 69
ORDER: It is hereby ORDERED that the January 5, 2022 initial pretrial conference is cancelled. If the parties believe that a conference would nevertheless be useful, they should inform the court immediately so the conference can be reinstated. The case management plan and scheduling order will issue in a separate order. The parties' attention is particularly directed to the provisions for periodic status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and setting of a trial date. It is further ORDERED, regarding settlement discussions, if and when the parties are ready to proceed with a settlement conference with the assigned Magistrate Judge or mediation in the Court's mediation program, they shall file a joint letter on ECF requesting a referral. The parties should be aware that the Court does not extend the deadlines for fact and expert discovery absent compelling circumstances. (Signed by Judge Lorna G. Schofield on 1/3/2022) (jca)
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Filing 68
PROPOSED CASE MANAGEMENT PLAN. Document filed by Planck LLC..(Burstein, Judd)
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Filing 67
JOINT LETTER addressed to Judge Lorna G. Schofield from Judd Burstein and Kelly M. Klaus dated 12/29/2021 re: 01/05/2022 Conference. Document filed by Planck LLC..(Burstein, Judd)
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Filing 66
NOTICE OF APPEARANCE by Sarah Weiner on behalf of Particle Media, Inc., Vincent Wu, Jeff Zheng..(Weiner, Sarah)
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Filing 65
ORDER denying #61 Letter Motion for Leave to File Document. It is herebyORDERED that Plaintiff's motion to file an amended complaint is DENIED, as Plaintiff's proposed amendments do not cure the deficiencies in the Dismissal Order. (As further set forth herein.) It is further ORDERED that Plaintiff's request for jurisdictional discovery is denied. The Clerk of Court is respectfully directed to close the motion at Docket No. 61. (Signed by Judge Lorna G. Schofield on 12/16/2021) (va)
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Filing 64
ANSWER to #27 Amended Complaint,, with JURY DEMAND. Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 63
LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated December 8, 2021 re: Response to Plaintiff's Letter Regarding Proposed Second Amended Complaint (Dkt. 61). Document filed by Particle Media, Inc., Vincent Wu..(Klaus, Kelly)
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Filing 62
ORDER: WHEREAS, there is an initial pretrial conference scheduled for December 16, 2021, at 11:00 a.m. It is hereby ORDERED that the initial pretrial conference scheduled for December 16, 2021, at 11:00 a.m., is adjourned to January 5, 2022, at 4:30 p.m., on the following conference line: 888-363- 4749, Access Code: 5588333. By December 29, 2021, the parties shall submit a joint letter and Proposed Civil Case Management Plan and Scheduling Order per the Individual Rules., ( Initial Conference set for 1/5/2022 at 04:30 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/03/2021) (ama)
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Filing 61
LETTER MOTION for Leave to File Second Amended Complaint addressed to Judge Lorna G. Schofield from Judd Burstein dated 12/01/2021. Document filed by Planck LLC. (Attachments: #1 Exhibit A).(Burstein, Judd)
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Filing 60
ORDER granting #59 Letter Motion for Extension of Time. The application is GRANTED. By December 1, 2021, if Plaintiff chooses to seek leave to file an amended complaint, it should file a letter so stating, along with a proposed amended complaint, marked to show changes. By December 8, 2021, Defendants shall file an answer to the First Amended Complaint, and a letter response to Plaintiff's letter motion for leave to amend. The Clerk of Court is respectfully directed to close the motion at Docket No. 59. (Signed by Judge Lorna G. Schofield on 11/12/2021) (mml)
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Set/Reset Deadlines: Particle Media, Inc. answer due 12/8/2021; Vincent Wu answer due 12/8/2021; Jeff Zheng answer due 12/8/2021. (mml)
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Filing 59
JOINT LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Kelly M. Klaus and Judd Burstein dated November 10, 2021. Document filed by Particle Media, Inc., Vincent Wu, Jeff Zheng..(Klaus, Kelly)
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Filing 58
NOTICE OF APPEARANCE by Emily Catherine Finestone on behalf of Planck LLC..(Finestone, Emily)
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Filing 57
CERTIFICATE OF SERVICE of 11/04/2021 Order (Doc. No. 56) and Judge Schofield's Individual Rules served on Defendants Particle Media Inc., Jeff Zheng, and Vincent Wu on 11/04/2021. Service was accepted by Defendants Particle Media Inc., Jeff Zheng, and Vincent Wu. Document filed by Planck LLC..(Schalk, Peter)
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Filing 56
ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 16, 2021 at 11:00a.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. DATE AND TIME OF TELEPHONIC CONFERENCE: December 16, 2021 at 11:00a.m IPTC MATERIALS DUE: December 9, 2021 at noon. (Telephone Conference set for 12/16/2021 at 11:00 AM before Judge Lorna G. Schofield. Initial Conference set for 12/16/2021 at 11:00 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/4/2021) (mml)
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Filing 55
OPINION AND ORDER re: #40 MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint, filed by Vincent Wu, Particle Media, Inc., Jeff Zheng. For the foregoing reasons, Defendants' motion to transfer is denied. Defendant Zheng is dismissed for lack of personal jurisdiction, and Defendants' motion to dismiss is otherwise denied. Plaintiff may seek to replead as stated in this Opinion and Order. The Clerk of Court is respectfully directed to close the motion at Docket Number 40. (Signed by Judge Lorna G. Schofield on 11/3/2021) (va)
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Filing 54
MEMO ENDORSEMENT granting #53 Motion to Withdraw as Attorney. ENDORSEMENT: The application is GRANTED. The Clerk of Court is respectfully directed to terminate Mr. Gordon as counsel for Plaintiff. The Clerk of Court is respectfully directed to close the entry at Docket No. 53. Attorney Steven Gordon terminated (Signed by Judge Lorna G. Schofield on 8/25/2021) (cf)
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Filing 53
MOTION for Steven N. Gordon to Withdraw as Attorney for Plaintiff Planck LLC, d/b/a, Patch Media. Document filed by Planck LLC..(Gordon, Steven)
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Filing 52
ORDER granting #51 Motion to Withdraw as Attorney. The application is GRANTED. The Clerk of Court is respectfully directed to terminate Ms. Elliot as counsel for Defendants. SO ORDERED. ( Attorney Gina F. Elliott terminated.) (Signed by Judge Lorna G. Schofield on 7/26/21) (yv)
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Filing 51
MOTION for Gina F. Elliott to Withdraw as Attorney for Particle Media, Jeff Zheng, and Vincent Wu. Document filed by Particle Media, Inc...(Elliott, Gina)
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Filing 50
NOTICE OF APPEARANCE by Steven Gordon, I on behalf of Planck LLC..(Gordon, Steven)
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Filing 49
REPLY MEMORANDUM OF LAW in Support re: #40 MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint. . Document filed by Particle Media, Inc., Vincent Wu, Jeff Zheng..(Klaus, Kelly)
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Filing 48
MEMO ENDORSEMENT on re: #47 Letter filed by Planck LLC. The application is GRANTED. (Signed by Judge Lorna G. Schofield on 4/16/2021) (cf)
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Filing 47
LETTER addressed to Judge Lorna G. Schofield from Peter B. Schalk dated 04/15/2021 re: Plaintiff's Opposition to Defendants' Motion. Document filed by Planck LLC..(Schalk, Peter)
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Filing 46
MEMORANDUM OF LAW in Opposition re: #40 MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint. . Document filed by Planck LLC..(Schalk, Peter)
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Filing 45
DECLARATION of Marc Torrence in Opposition re: #40 MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint.. Document filed by Planck LLC..(Schalk, Peter)
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Filing 44
DECLARATION of Warren St. John in Opposition re: #40 MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint.. Document filed by Planck LLC..(Schalk, Peter)
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Filing 43
DECLARATION of Peter B. Schalk in Opposition re: #40 MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint.. Document filed by Planck LLC. (Attachments: #1 Exhibit A).(Schalk, Peter)
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Filing 42
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Particle Media, Inc., Vincent Wu, Jeff Zheng..(Klaus, Kelly)
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Filing 41
MEMORANDUM OF LAW in Support re: #40 MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint. . Document filed by Particle Media, Inc., Vincent Wu, Jeff Zheng. (Attachments: #1 Declaration of Vincent Wu In Support of Defendants' Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint, #2 Exhibit A to Declaration of Vincent Wu In Support of Defendants' Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint, #3 Declaration of Rowley Rice In Support of Defendants' Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint, #4 Exhibit A to Declaration of Rowley Rice In Support of Defendants' Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint, #5 Exhibit B to Declaration of Rowley Rice In Support of Defendants' Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint, #6 Exhibit C to Declaration of Rowley Rice In Support of Defendants' Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint, #7 Exhibit D to Declaration of Rowley Rice In Support of Defendants' Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint).(Klaus, Kelly)
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Filing 40
MOTION to Transfer Case Defendants' Notice of Motion to Transfer Venue, or Alternatively to Dismiss Plaintiff's First Amended Complaint. Document filed by Particle Media, Inc., Vincent Wu, Jeff Zheng..(Klaus, Kelly)
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Filing 39
NOTICE OF APPEARANCE by Jonathan H. Blavin on behalf of Particle Media, Inc...(Blavin, Jonathan)
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Filing 38
NOTICE OF APPEARANCE by Rowley J. Rice on behalf of Particle Media, Inc., Vincent Wu, Jeff Zheng..(Rice, Rowley)
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Filing 37
NOTICE OF APPEARANCE by Kelly M. Klaus on behalf of Particle Media, Inc., Vincent Wu, Jeff Zheng..(Klaus, Kelly)
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Filing 36
NOTICE OF APPEARANCE by Gina F. Elliott on behalf of Particle Media, Inc., Vincent Wu, Jeff Zheng..(Elliott, Gina)
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter filed by Particle Media, Inc. ENDORSEMENT: The application is GRANTED. All Defendants shall join the motion due on March 31, 2021, and the brief in support shall not exceed 35 pages. Plaintiffs' opposition shall not exceed 35 pages. Defendants' reply shall not exceed 13 pages. (Signed by Judge Lorna G. Schofield on 3/25/2021) (cf)
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Filing 34
LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated March 24, 2021 re: Defendants' Request for Extension of Page Limits on Motion to Transfer Venue and/or Dismiss. Document filed by Particle Media, Inc...(Klaus, Kelly)
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Filing 33
WAIVER OF SERVICE RETURNED EXECUTED. Vincent Wu waiver sent on 3/22/2021, answer due 5/21/2021. Document filed by Planck LLC..(Burstein, Judd)
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Filing 32
WAIVER OF SERVICE RETURNED EXECUTED. Jeff Zheng waiver sent on 3/22/2021, answer due 5/21/2021. Document filed by Planck LLC..(Burstein, Judd)
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Filing 31
ELECTRONIC SUMMONS ISSUED as to Vincent Wu..(jgo)
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Filing 30
ELECTRONIC SUMMONS ISSUED as to Jeff Zheng..(jgo)
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Filing 29
REQUEST FOR ISSUANCE OF SUMMONS as to Vincent Wu, re: #27 Amended Complaint,,. Document filed by Planck LLC..(Burstein, Judd)
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Filing 28
REQUEST FOR ISSUANCE OF SUMMONS as to Jeff Zheng, re: #27 Amended Complaint,,. Document filed by Planck LLC..(Burstein, Judd)
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Filing 27
FIRST AMENDED COMPLAINT amending #1 Complaint, against Particle Media, Inc., Jeff Zheng, Vincent Wu with JURY DEMAND.Document filed by Planck LLC. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S).(Burstein, Judd)
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Filing 26
ORDER: It is hereby ORDERED that by March 17, 2021, Plaintiff shall file its FAC. By March 31, 2021, Defendant shall file its motion to transfer and/or dismiss the FAC. By April 14, 2021, Plaintiff shall file an opposition. By April 21, 2021, Defendant shall file a reply. All submissions shall comply with the Individual Rules. It is further ORDERED that the initial pre-trial conference scheduled for March 11, 2021, is adjourned sine die. (As further set forth in this Order.) ( Motions due by 3/31/2021., Responses due by 4/14/2021, Replies due by 4/21/2021.) (Signed by Judge Lorna G. Schofield on 3/8/2021) (cf)
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Filing 25
LETTER addressed to Judge Lorna G. Schofield from Peter B. Schalk dated 03/05/2021 re: Plaintiff's Response to Defendant's Pre-Motion Letter. Document filed by Planck LLC..(Schalk, Peter)
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Filing 24
JOINT LETTER addressed to Judge Lorna G. Schofield from Judd Burstein dated 03/04/2021 re: Proposed Civil Case Management Plan and Scheduling Order. Document filed by Planck LLC..(Burstein, Judd)
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Filing 23
LETTER addressed to Judge Lorna G. Schofield from Kelly M. Klaus dated March 1, 2021 re: Pre-Motion Letter Pursuant to Dkt. No. 21. Document filed by Particle Media, Inc...(Klaus, Kelly)
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Filing 22
ORDER granting #16 Motion for Kelly Max Klaus to Appear Pro Hac Vice; granting #17 Motion for Jonathan H. Blavin to Appear Pro Hac Vice; granting #18 Motion for Rowley J. Rice to Appear Pro Hac Vice; and granting #19 Motion for Gina F. Elliott to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 21
ORDER granting in part and denying in part #20 Letter Motion for Extension of Time. The application is GRANTED in part. The initial pre-trial conference scheduled for March 4, 2021, at 11:00 a.m., is adjourned to March 11, 2021, at 11:00 a.m., on the following conference call line: 888-363-4749, access code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed by that time. By March 18, 2021, Defendant shall answer, move or otherwise respond to the Complaint. By March 1, 2021, Defendant shall file any pre-motion letter regarding any motion to transfer venue in lieu of an answer, and by March 5, 2021, Plaintiff shall file a response. (Signed by Judge Lorna G. Schofield on 2/23/2021) (cf)
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Set/Reset Deadlines: Particle Media, Inc. answer due 3/18/2021., Set/Reset Hearings:( Initial Conference set for 3/11/2021 at 11:00 AM before Judge Lorna G. Schofield.) (cf)
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Filing 20
LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Cynthia S. Arato dated February 22, 2021. Document filed by Particle Media, Inc...(Arato, Cynthia)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Gina F. Elliott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-23920440. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 19
MOTION for Gina F. Elliott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number CNYSDC-23920440. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Particle Media, Inc.. (Attachments: #1 Affidavit AFFIDAVIT OF GINA F. ELLIOTT IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #2 Text of Proposed Order ORDER FOR ADMISSION PRO HAC VICE).(Elliott, Gina)
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Filing 18
MOTION for Rowley J. Rice to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23917230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Particle Media, Inc.. (Attachments: #1 Affidavit of Rowley J. Rice In Support of Motion for Admission Pro Hac Vice, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Rice, Rowley)
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Filing 17
MOTION for Jonathan H. Blavin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23917789. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Particle Media, Inc.. (Attachments: #1 Affidavit of Jonathan H. Blavin in support, #2 Exhibit Certificate of Good Standing for Jonathan H. Blavin, #3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice).(Blavin, Jonathan)
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Filing 16
MOTION for Kelly Max Klaus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23917187. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Particle Media, Inc.. (Attachments: #1 Affidavit of Kelly M. Klaus in support, #2 Exhibit Certificate of Good Standing of Kelly M. Klaus, #3 Text of Proposed Order Granting Motion for Admission Pro Hac Vice).(Klaus, Kelly)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #18 MOTION for Rowley J. Rice to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23917230. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for Kelly Max Klaus to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23917187. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Jonathan H. Blavin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23917789. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (aea)
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter filed by Particle Media, Inc., ENDORSEMENT: The application is GRANTED. By February 24, 2021, Defendant shall answer, move or otherwise respond to the Complaint. The parties' attention is directed to the requirement for pre-motion letters per the Individual Rules. SO ORDERED (Signed by Judge Lorna G. Schofield on 1/19/2021) Particle Media, Inc. answer due 2/24/2021. (ks)
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Filing 14
LETTER addressed to Judge Lorna G. Schofield from Cynthia S. Arato dated January 19, 2021 re: Request for Extension of Time. Document filed by Particle Media, Inc...(Arato, Cynthia)
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Filing 13
NOTICE OF APPEARANCE by Cynthia S. Arato on behalf of Particle Media, Inc...(Arato, Cynthia)
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Filing 12
AFFIDAVIT OF SERVICE of Order (Dkt. No. 11), Individual Rules, and Emergency Individual Rules served on Defendant Particle Media, Inc. on 01/12/2021. Service was accepted by Corporation Service Company, Registered Agent. Document filed by Planck LLC..(Burstein, Judd)
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Filing 11
ORDER: Initial Conference set for 3/4/2021 at 11:00 AM before Judge Lorna G. Schofield to be held telephonically in accordance with the instructions on the first page of this order. (Signed by Judge Lorna G. Schofield on 1/7/2021) (nb)
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Filing 10
AFFIDAVIT OF SERVICE of Summons and Complaint with Exhibits served on Defendant Particle Media, Inc. on 01/04/2021. Service was accepted by Corporation Service Company, Registered Agent. Document filed by Planck LLC., AFFIDAVIT OF SERVICE. Particle Media, Inc. served on 1/4/2021, answer due 1/25/2021. Service was accepted by Corporation Service Company, Registered Agent. Document filed by Planck LLC. (Attachments: #1 Summons, #2 Complaint, #3 Exhibit A to Complaint, #4 Exhibit B to Complaint, #5 Exhibit C to Complaint, #6 Exhibit D to Complaint, #7 Exhibit E to Complaint, #8 Exhibit F to Complaint, #9 Exhibit G to Complaint, #10 Exhibit H to Complaint, #11 Exhibit I to Complaint, #12 Exhibit J to Complaint, #13 Exhibit K to Complaint).(Burstein, Judd)
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Filing 9
AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights..(dnh)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to Particle Media, Inc...(dnh)
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Filing 7
AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Burstein, Judd)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Particle Media, Inc., re: #1 Complaint,. Document filed by Planck LLC..(Burstein, Judd)
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Filing 5
CIVIL COVER SHEET filed..(Burstein, Judd)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Judd Burstein. The party information for the following party/parties has been modified: Planck Media, d/b/a, Patch Media; Particle Media, Inc., d/b/a, News Break. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party name was modified to add alias separately. (jgo)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Judd Burstein. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Judd Burstein to RE-FILE Document No. #2 Civil Cover Sheet. The filing is deficient for the following reason(s): party name on the PDF case caption does not match exactly as it appears on the pleading caption;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Judd Burstein to RE-FILE Document No. #4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF case caption does not exactly match party name on the pleading caption;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo)
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Magistrate Judge Sarah Netburn is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)
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***NOTICE TO ATTORNEY TO SUBMIT AO 121 FORM COPYRIGHT. Notice to Attorney Judd Burstein to submit a completed AO 121 Form Copyright to court for review. Use the event type AO 121 Copyright - Notice of Submission by Attorney found under the event list Other Documents. (jgo)
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Case Designated ECF. (jgo)
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Filing 4
FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Particle Media, Inc., d/b/a, News Break, re: #1 Complaint,. Document filed by Planck Media, d/b/a, Patch Media..(Burstein, Judd) Modified on 12/29/2020 (jgo).
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Pascal Holdings LLC, Other Affiliate Verizon Media Inc. for Planck Media, d/b/a, Patch Media. Document filed by Planck Media, d/b/a, Patch Media..(Burstein, Judd)
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Filing 2
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Burstein, Judd) Modified on 12/29/2020 (jgo).
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Filing 1
COMPLAINT against Particle Media, Inc., d/b/a, News Break. (Filing Fee $ 402.00, Receipt Number ANYSDC-23235751)Document filed by Planck Media, d/b/a, Patch Media. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K).(Burstein, Judd)
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