Metamorfoza D.O.O. v. Big Funny, LLC
| Metamorfoza D.O.O. doing business as Museum of Illusions |
| Big Funny Corporation, Big Funny, LLC doing business as Museum of 3D Illusions doing business as Museum of Illusions and Big Funny FL LLC |
| 2:2021cv02020 |
| March 4, 2021 |
| US District Court for the Central District of California |
| Rozella A Oliver |
| John F Walter |
| Trademark |
| 28 U.S.C. § 1338 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 99
Corrected NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint Plaintiff's Corrected Notice of Motion and Motion for Leave to File Second Amended Complaint filed by plaintiff Metamorfoza D.O.O.. Motion set for hearing on 6/7/2021 at 01:30 PM before Judge John F. Walter. (Reinckens, Melissa)
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Filing 98
NOTICE of Errata filed by plaintiff Metamorfoza D.O.O.. Plaintiff's Notice of Errata Regarding Plaintiff's Notice of Motion and Motion for Leave to File Second Amended Complaint (ECF No. 94) (Reinckens, Melissa)
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Filing 97
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Motion for Leave #94 . The following error(s) was/were found: Hearing information is missing, incorrect, or not timely. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (iv)
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Filing 96
DECLARATION of Melissa Reinckens In Support of NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #94 filed by Plaintiff Metamorfoza D.O.O.. (Attachments: #1 Exhibit 1 (Statement of Information dated April 12, 2019), #2 Exhibit 2 (Statement of Information dated September 23, 2019), #3 Exhibit 3 (Statement of Information dated April 3, 2021), #4 Exhibit 4 (Application - Request for Extension 79290917 dated March 24, 2020), #5 Exhibit 5 (Application - Request for Extension 79290809 dated March 24, 2020))(Reinckens, Melissa)
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Filing 95
MEMORANDUM in Support of NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint #94 filed by Plaintiff Metamorfoza D.O.O.. (Attachments: #1 Exhibit A (Second Amended Complaint), #2 Exhibit B (Redline of FAC to SAC))(Reinckens, Melissa)
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Filing 94
NOTICE OF MOTION AND MOTION for Leave to file Second Amended Complaint filed by Plaintiff Metamorfoza D.O.O.. Motion set for hearing on 5/24/2021 at 01:30 PM before Judge John F. Walter. (Attachments: #1 Proposed Order) (Reinckens, Melissa)
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Filing 93
ORDER ON REQUEST FOR APPROVAL OF SUBSTITUTION OR WITHDRAWAL OF ATTORNEY #92 by Judge John F. Walter. The request of Metamorforza D.O.O. to substitute Tamany Bentz of DLA Piper LLP as attorney of record instead of John Buche is GRANTED. (iv)
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Filing 92
REQUEST of John K. Buche to Withdraw as Attorney filed by Plaintiff Metamorfoza D.O.O.. (Attachments: #1 Proposed Order) (Buche, John)
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Filing 91
NOTICE of Appearance filed by attorney Tamany Vinson Bentz on behalf of Plaintiff Metamorfoza D.O.O. (Attorney Tamany Vinson Bentz added to party Metamorfoza D.O.O.(pty:pla))(Bentz, Tamany)
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Filing 90
STATEMENT Joint Statement REGARDING 7-3 CONFERENCE RELATED TO PLAINTIFFS MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT filed by Plaintiff Metamorfoza D.O.O. (Samuels, William)
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Filing 89
Notice of Appearance or Withdrawal of Counsel: for attorney Melissa Anne Reinckens counsel for Plaintiff Metamorfoza D.O.O.. Adding Melissa A. Reinckens as counsel of record for plaintiff Metamorfoza D.O.O. for the reason indicated in the G-123 Notice. Filed by plaintiff Metamorfoza D.O.O.. (Attorney Melissa Anne Reinckens added to party Metamorfoza D.O.O.(pty:pla))(Reinckens, Melissa)
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Filing 88
CORRECTED ORDER RE STIPULATION REQUESTING EXTENSION OF DEADLINE TO FILE A MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT #87 by Judge John F. Walter. The deadline for Plaintiff to file a Motion for Leave to File a Second Amended Complaint is April 29, 2021. (iv)
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Filing 87
NOTICE of Errata filed by Plaintiff Metamorfoza D.O.O.. Notice of Errata re: Docket Nos. 85 and 86 (Attachments: #1 Exhibit Corrected Joint Statement and Stipulation, #2 Exhibit Corrected [Proposed] Order re: Stipulation Requesting Extension of Deadline)(Samuels, William)
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Filing 86
*STRICKEN* (see #87 ) Joint STIPULATION for Extension of Time to File Motion for Leave to Amend filed by Plaintiff Metamorfoza D.O.O.. (Attachments: #1 Proposed Order Proposed Order)(Samuels, William) Modified on 4/21/2021 (sr).
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Filing 85
*STRICKEN* (see #87 ) Joint STIPULATION for Extension of Time to File Motion for Leave to Amend filed by Plaintiff Metamorfoza D.O.O.. (Attachments: #1 Proposed Order Proposed Order)(Samuels, William) Modified on 4/21/2021 (sr).
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Filing 84
NOTICE of Interested Parties filed by Defendants Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC, (Anger, Benjamin)
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Filing 83
SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter.The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 1/21/2022 at 8:00 AM. Hearing on Motions in Limine; Disputed Jury Instructions set for 1/28/2022 at 8:00 AM. Jury Trial set for 2/8/2022 at 8:30 AM. (iv)
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Filing 82
ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on April 12, 2021 is vacated and taken off calendar. AScheduling and Case Management Order will issue. Any unserved DOE defendants are dismissedat this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: July 12, 2021. The Joint Report re: Results of Settlement Conference due on: July 16, 2021. (iv)
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Filing 81
NOTICE NOTICE of Interested Parties filed by Plaintiff Metamorfoza D.O.O.. LR 7.1-1 Disclosure (Samuels, William)
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Filing 80
JOINT REPORT of Joint Report Under Rule 26 filed by Plaintiff Metamorfoza D.O.O.. (Samuels, William)
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Filing 79
STATEMENT REGARDING LOCAL RULE 7-3 CONFERENCE OF COUNSEL filed by Defendants Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC (Razai, Ali)
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Filing 78
Notice of Electronic Filing re Declaration #77 e-mailed to jbuche@buchelaw.com bounced due to 5.1.0 - Unknown address error 554-'5.7.1 |
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Filing 77
DECLARATION of William R. Samuels Lead Trial Counsel filed by Plaintiff Metamorfoza D.O.O.. (Samuels, William)
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Filing 76
JOINT REPORT of Case Status filed by Defendants Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC. (Razai, Ali)
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Filing 75
DECLARATION of Ali S. Razai as Lead Trial Counsel filed by Defendants Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC. (Razai, Ali)
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Filing 74
RESPONSE filed by Pro Hac Vice attorney Kristin Gabrielle Garris on behalf of Plaintiff Metamorfoza D.O.O., will not be appearing as attorney of record. RE: Notice of Filing Fee Due. PHV fee N/A. (sbou)
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Filing 73
MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for April 12, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before March 29, 2021. (iv)
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Filing 72
NOTICE of Appearance filed by attorney John K. Buche on behalf of Plaintiff Metamorfoza D.O.O. (Attorney John K. Buche added to party Metamorfoza D.O.O.(pty:pla))(Buche, John)
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Filing 71
STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv)
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Filing 70
NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Kristin Gabriella Garris. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. (lh)
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Filing 69
NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
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Filing 68
NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Rozella A. Oliver. (lh)
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Filing 67
NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:19-cv-11743-RA, from U.S.District Court Southern District of New York (Foley Square). The above-referenced case has been transferred to this district and assigned the above civil case number 2:21-cv-02020 JFW (RAOx). (lh)
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Filing 66
ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern
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CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Central District of California.(nb) [Transferred from New York Southern on 3/5/2021.]
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Filing 65
OPINION AND ORDER: For the reasons set forth above, the Court concludes that it lacks personal jurisdiction over Defendants and grants the motion to transfer this action. Plaintiff's motion for jurisdictional discovery and for leave to amend are denied. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 44, and to transfer this action to the United States District Court for the Central District of California. (Signed by Judge Ronnie Abrams on 2/25/2021) (nb) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 3/5/2021.]
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Filing 64
LETTER addressed to Judge Ronnie Abrams from Paul A. Stewart dated February 19, 2021 Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC..(Stewart, Paul) [Transferred from New York Southern on 3/5/2021.]
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Filing 63
NOTICE of Letter Requested by Judge. Document filed by Metamorfoza D.O.O...(Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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Filing 62
SECOND AMENDED COMPLAINT amending #33 Amended Complaint,, #60 Amended Complaint,,,, #1 Complaint,, against Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC with JURY DEMAND.Document filed by Metamorfoza D.O.O.. Related document: #33 Amended Complaint,, #60 Amended Complaint,,,, #1 Complaint,,. (Attachments: #1 Supplement Redline Requested, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit).(Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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Filing 61
ORDER: Plaintiff is hereby granted an extension to file its proposed second amended complaint and attached exhibits no later than the end of the day today. The Court further orders Plaintiff to file a letter explaining why its new allegation that Defendants acted in "bad faith" is legally relevant to Defendants' claim to first use of the name "Museum of Illusions" in commerce. It shall file this letter no later than Wednesday, February 17, 2021, citing relevant case law in support of its argument. Should they wish to respond, Defendants may file a response letter no later than Friday, February 19, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/12/2021) (kv) [Transferred from New York Southern on 3/5/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney William Robert Samuels to RE-FILE re: Document No. #60 Amended Complaint,,,,. The filing is deficient for the following reason(s): the All Defendant radio button was selected; Court's leave has not been granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) [Transferred from New York Southern on 3/5/2021.]
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Filing 60
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -SECOND AMENDED COMPLAINT amending #33 Amended Complaint,, #1 Complaint,, against All Defendants with JURY DEMAND.Document filed by Metamorfoza D.O.O.. Related document: #33 Amended Complaint,, #1 Complaint,,. (Attachments: #1 Supplement Redline Requested, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit, #26 Exhibit, #27 Exhibit, #28 Exhibit, #29 Exhibit, #30 Exhibit, #31 Exhibit, #32 Exhibit, #33 Exhibit, #34 Exhibit, #35 Exhibit, #36 Exhibit, #37 Exhibit, #38 Exhibit, #39 Exhibit, #40 Exhibit, #41 Exhibit, #42 Exhibit, #43 Exhibit, #44 Exhibit, #45 Exhibit).(Samuels, William) Modified on 2/12/2021 (pc). [Transferred from New York Southern on 3/5/2021.]
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Filing 59
ORDER: During oral argument on Defendants' motion to dismiss earlier today, Plaintiff maintained that it has uncovered additional facts critical to the pending motion. No later than February 10, 2021, Plaintiff shall file with the Court its proposed amended complaint, along with a redlined version highlighting the proposed amendments. SO ORDERED., ( Amended Pleadings due by 2/10/2021.) (Signed by Judge Ronnie Abrams on 2/02/2021) (ama) [Transferred from New York Southern on 3/5/2021.]
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Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 2/2/2021. (Court Reporter Rebecca Forman) (arc) [Transferred from New York Southern on 3/5/2021.]
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Filing 58
ORDER granting #31 Motion for Oral Argument. The Court will hold oral argument on Defendant's motion to dismiss on February 2, 2021 at 11:00 a.m. The argument will be held by telephone. The parties may access the conference by calling (888)363-4749 and using the access code 1015508. This line is open to the public. If it is not feasible for the parties to appear at that time, they should jointly notify the Court as soon as possible by letter filed on ECF and include proposed alternative dates.m SO ORDERED. (Signed by Judge Ronnie Abrams on 1/12/2021) (kv) [Transferred from New York Southern on 3/5/2021.]
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Set/Reset Hearings: Telephone Conference set for 2/2/2021 at 11:00 AM before Judge Ronnie Abrams. (kv) [Transferred from New York Southern on 3/5/2021.]
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Filing 57
REPLY MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER). . Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 56
DECLARATION of Kristin Garris in Opposition re: #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER).. Document filed by Metamorfoza D.O.O.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit).(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 55
MEMORANDUM OF LAW in Opposition re: #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER). . Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 54
ORDER granting #53 Letter Motion for Extension of Time to File Response/Reply re #53 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #47 Declaration in Support of Motion, #45 Memorandum of Law in Support of Motion, #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMP. Application Granted. SO ORDERED. Responses due by 5/21/2020 Replies due by 6/4/2020. (Signed by Judge Ronnie Abrams on 5/13/2020) (ama) [Transferred from New York Southern on 3/5/2021.]
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Filing 53
JOINT LETTER MOTION for Extension of Time to File Response/Reply as to #47 Declaration in Support of Motion, #45 Memorandum of Law in Support of Motion, #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER)., #46 Declaration in Support of Motion, addressed to Judge Ronnie Abrams from Kristin Garris dated May 12, 2020. Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 52
NOTICE of Rely on Amended Complaint. Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 51
MEMO ENDORSEMENT on re: #50 Letter filed by Metamorfoza D.O.O. ENDORSEMENT: Application granted. The conference scheduled for May 8, 2020 is adjourned sine die. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/7/2020) (ks) [Transferred from New York Southern on 3/5/2021.]
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Filing 50
JOINT LETTER addressed to Judge Ronnie Abrams from Kristin Garris dated 5/6/2020 re: Joint Letter Requested. Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 49
ORDER: granting #48 Letter Motion for Oral Argument. Therefore, the Court will hold a conference via telephone on Friday, May 8, at 11:00 a.m. No later than Wednesday, May 6, the parties shall submit a joint letter regarding any issues they would like the Court to address during this conference. In their joint letter, the parties should also indicate whether these issues have been resolved since the initial status conference and they can thus do without a conference altogether. In any event, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19. Plaintiff shall provide a copy of this Order to Defendants. SO ORDERED.. (Signed by Judge Ronnie Abrams on 5/01/2020) (ama) [Transferred from New York Southern on 3/5/2021.]
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Set/Reset Hearings: Telephone Conference set for 5/8/2020 at 11:00 AM before Judge Ronnie Abrams. (ama) [Transferred from New York Southern on 3/5/2021.]
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Filing 48
LETTER MOTION for Oral Argument re Defendants' Motion to Dismiss addressed to Judge Ronnie Abrams from Ali S. Razai dated April 30, 2020. Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 47
DECLARATION of Margarita Graff in Support re: #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER).. Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 46
DECLARATION of Ali S. Razai in Support re: #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER).. Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 45
MEMORANDUM OF LAW in Support re: #44 MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER). . Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 44
MOTION to Dismiss (DEFENDANTS' NOTICE OF MOTION TO DISMISS THE AMENDED COMPLAINT FOR FAILURE TO STATE A CLAIM AND LACK OF PERSONAL JURISDICTION, AND ALTERNATIVE MOTION TO TRANSFER). Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 43
ORDER granting #42 Letter Motion for Extension of Time. Application granted. So Ordered. (Signed by Judge Ronnie Abrams on 4/16/2020) (rj) [Transferred from New York Southern on 3/5/2021.]
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Set/Reset Deadlines: Big Funny Corporation answer due 4/30/2020; Big Funny FL LLC answer due 4/30/2020; Big Funny, LLC answer due 4/30/2020. (rj) [Transferred from New York Southern on 3/5/2021.]
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Filing 42
LETTER MOTION for Extension of Time for Big Funny, LLC to Respond to the Amended Complaint addressed to Judge Ronnie Abrams from Benjamin B. Anger dated April 15, 2020. Document filed by Big Funny Corporation, Big Funny FL LLC, Big Funny, LLC..(Anger, Benjamin) [Transferred from New York Southern on 3/5/2021.]
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Filing 41
ELECTRONIC SUMMONS ISSUED as to Big Funny Corporation..(pne) [Transferred from New York Southern on 3/5/2021.]
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Filing 40
ELECTRONIC SUMMONS ISSUED as to Big Funny FL LLC..(pne) [Transferred from New York Southern on 3/5/2021.]
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Filing 39
REQUEST FOR ISSUANCE OF SUMMONS as to Big Funny Corporation, re: #33 Amended Complaint,,. Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 38
REQUEST FOR ISSUANCE OF SUMMONS as to Big Funny FL LLC, re: #33 Amended Complaint,,. Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kristin Gabrielle Garris to RE-FILE Document No. #36 Request for Issuance of Summons, #37 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF case caption, the 'as to' docket entry text and the PDF 'To' section does not exactly match as it appears on the pleading caption (Big Funny Corp,). 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) [Transferred from New York Southern on 3/5/2021.]
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Filing 37
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Big Funny Corp, re: #33 Amended Complaint,,. Document filed by Metamorfoza D.O.O...(Garris, Kristin) Modified on 4/7/2020 (jgo). [Transferred from New York Southern on 3/5/2021.]
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Filing 36
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Big Funny FL LLC, re: #33 Amended Complaint,,. Document filed by Metamorfoza D.O.O...(Garris, Kristin) Modified on 4/7/2020 (jgo). [Transferred from New York Southern on 3/5/2021.]
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Filing 35
ORDER granting #34 Letter Motion for Leave to File Document. Application granted. Plaintiff's request for leave to file the amended complaint is granted. This issue was discussed during the March 13, 2020 telephone conference with both parties present. At that time, the Court granted Plaintiff's request to file an amended complaint and Defendant was thus aware that Plaintiff intended to do so. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/3/2020) (ks) [Transferred from New York Southern on 3/5/2021.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Robert Samuels. The party information for the following party/parties has been modified: Big Funny Corporation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pne) [Transferred from New York Southern on 3/5/2021.]
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Filing 34
LETTER MOTION for Leave to File Amended Complaint addressed to Judge Ronnie Abrams from Kristin Garris dated April 2, 2020. Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 33
FIRST AMENDED COMPLAINT amending #1 Complaint,, against Big Funny, LLC, Big Funny FL LLC, Big Funny Corp with JURY DEMAND.Document filed by Metamorfoza D.O.O.. 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, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA).(Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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Filing 32
RESPONSE in Support of Motion re: #27 MOTION to Dismiss (DEFENDANT BIG FUNNY, LLCS NOTICE OF MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND FAILURE TO STATE A CLAIM, AND ALTERNATIVE MOTION TO TRANSFER). . Document filed by Big Funny, LLC..(Anger, Benjamin) [Transferred from New York Southern on 3/5/2021.]
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Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 3/13/2020. (arc) [Transferred from New York Southern on 3/5/2021.]
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Filing 31
LETTER MOTION for Oral Argument re Defendant Big Funnys Motion to Dismiss addressed to Judge Ronnie Abrams from Ali S. Razai dated March 12, 2020. Document filed by Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 30
AFFIDAVIT of Margarita Graff in Support re: #27 MOTION to Dismiss (DEFENDANT BIG FUNNY, LLCS NOTICE OF MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND FAILURE TO STATE A CLAIM, AND ALTERNATIVE MOTION TO TRANSFER).. Document filed by Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 29
AFFIDAVIT of Ali S. Razai in Support re: #27 MOTION to Dismiss (DEFENDANT BIG FUNNY, LLCS NOTICE OF MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND FAILURE TO STATE A CLAIM, AND ALTERNATIVE MOTION TO TRANSFER).. Document filed by Big Funny, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6).(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 28
MEMORANDUM OF LAW in Support re: #27 MOTION to Dismiss (DEFENDANT BIG FUNNY, LLCS NOTICE OF MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND FAILURE TO STATE A CLAIM, AND ALTERNATIVE MOTION TO TRANSFER). . Document filed by Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 27
MOTION to Dismiss (DEFENDANT BIG FUNNY, LLCS NOTICE OF MOTION TO DISMISS THE COMPLAINT FOR LACK OF PERSONAL JURISDICTION AND FAILURE TO STATE A CLAIM, AND ALTERNATIVE MOTION TO TRANSFER). Document filed by Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 26
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Big Funny Corp. for Big Funny, LLC. Document filed by Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 25
ORDER granting #22 Motion for Ali S. Razai to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc) [Transferred from New York Southern on 3/5/2021.]
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Filing 24
ORDER granting #21 Motion for Benjamin B. Anger to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc) [Transferred from New York Southern on 3/5/2021.]
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Filing 23
ORDER granting #20 Motion for Paul A. Stewart to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc) [Transferred from New York Southern on 3/5/2021.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #22 MOTION for Ali S. Razai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19082712. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) [Transferred from New York Southern on 3/5/2021.]
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Filing 22
MOTION for Ali S. Razai to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19082712. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Big Funny, LLC. (Attachments: #1 Exhibit A - [Proposed] Order, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Affidavit).(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 21
MOTION for Benjamin B. Anger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19080393. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Big Funny, LLC. (Attachments: #1 Exhibit A - [Proposed] Order, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Affidavit).(Anger, Benjamin) [Transferred from New York Southern on 3/5/2021.]
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Filing 20
AMENDED MOTION for Paul A. Stewart to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-19068240. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Big Funny, LLC. (Attachments: #1 Exhibit 1 - Proposed Order, #2 Exhibit 2 - Certificate of Good Standing, #3 Exhibit 3 - Affidavit).(Stewart, Paul) [Transferred from New York Southern on 3/5/2021.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #20 AMENDED MOTION for Paul A. Stewart to Appear Pro Hac Vice Filing fee $ 200.00, receipt number ANYSDC-19068240. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 3/5/2021.]
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Benjamin B. Anger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19080393. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba) [Transferred from New York Southern on 3/5/2021.]
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Filing 19
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Paul A. Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19068240. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Big Funny, LLC. (Attachments: #1 Exhibit A - [Proposed] Order, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Affidavit).(Stewart, Paul) Modified on 3/10/2020 (aea). [Transferred from New York Southern on 3/5/2021.]
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #19 MOTION for Paul A. Stewart to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19068240. Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF CALIFORNIA and SUPREME COURT OF CALIFORNIA. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) [Transferred from New York Southern on 3/5/2021.]
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Filing 18
PROPOSED CASE MANAGEMENT PLAN. Document filed by Metamorfoza D.O.O.. (Attachments: #1 Joint Letter).(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 17
MEMO ENDORSEMENT on re: #16 Letter filed by Big Funny, LLC. ENDORSEMENT: Defendant's request for an extension to respond to the complaint is granted. Defendant shall file its response no later than March 12, 2020. However, Defendant's request to adjourn the initial pretrial conference sine die is denied. The conference will be held as scheduled on March 13, 2020 at 11:30 a.m, albeit by telephone conference. A few minutes prior to the conference, the parties shall jointly call Chambers at (212) 805-0284. No later than March 6, 2020, the parties shall submit the joint the pursuant to the Court's prior order. Dkt. 9. Big Funny, LLC answer due 3/12/2020.( Telephone Conference set for 3/13/2020 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/6/2020) (mro) [Transferred from New York Southern on 3/5/2021.]
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Filing 16
LETTER addressed to Judge Ronnie Abrams from Ali S. Razai dated 3/4/2020 re: Extension of Time to Respond to Complaint. Document filed by Big Funny, LLC..(Razai, Ali) [Transferred from New York Southern on 3/5/2021.]
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Filing 15
ORDER granting #14 Letter Motion for Extension of Time to Answer. Application granted. The initial status conference scheduled for March 6, 2020 is adjourned to March 13, 2020 at 11:30 a.m. The parties' joint status letter and proposed case management plan is due no later than March 6, 2020. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/21/2020) Big Funny, LLC answer due 3/5/2020 (ks) [Transferred from New York Southern on 3/5/2021.]
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Set/Reset Hearings: Initial Conference set for 3/13/2020 at 11:30 AM before Judge Ronnie Abrams. (ks) [Transferred from New York Southern on 3/5/2021.]
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Filing 14
SECOND LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Ronnie Abrams from Kristin Garris dated 2/20/2020. Document filed by Metamorfoza D.O.O...(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 13
ORDER granting #12 Letter Motion for Extension of Time to Answer re #1 Complaint. Application granted. SO ORDERED. Big Funny, LLC answer due 2/20/2020 (Signed by Judge Ronnie Abrams on 1/22/2020) (kv) [Transferred from New York Southern on 3/5/2021.]
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Filing 12
FIRST LETTER MOTION for Extension of Time to File Answer re: #1 Complaint,, addressed to Judge Ronnie Abrams from Kristin Garris dated January 21, 2020. Document filed by Metamorfoza D.O.O..(Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 11
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Big Funny, LLC served on 12/31/2019, answer due 1/21/2020. Service was accepted by Matt Vey, Manager. Document filed by Metamorfoza D.O.O.. (Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 10
AFFIDAVIT OF SERVICE of Order & Notice of Initial Conference served on BIG FUNNY, LLC on January 6, 2020. Service was made by Mail. Document filed by Metamorfoza D.O.O.. (Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 9
ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 3/6/2020 at 10:45 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/3/2020) (ks) [Transferred from New York Southern on 3/5/2021.]
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Filing 8
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (jgo) [Transferred from New York Southern on 3/5/2021.]
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Filing 7
NOTICE OF APPEARANCE by Kristin Gabrielle Garris on behalf of Metamorfoza D.O.O.. (Garris, Kristin) [Transferred from New York Southern on 3/5/2021.]
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Big Funny, LLC. (jgo) [Transferred from New York Southern on 3/5/2021.]
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney William Robert Samuels. The party information for the following party/parties has been modified: Metamorfoza D.O.O.; Big Funny, LLC. The information for the party/parties has been modified for the following reason/reasons: alias party name was omitted; alias was entered incorrectly. (jgo) [Transferred from New York Southern on 3/5/2021.]
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney William Robert Samuels. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (jgo) [Transferred from New York Southern on 3/5/2021.]
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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) [Transferred from New York Southern on 3/5/2021.]
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Case Designated ECF. (jgo) [Transferred from New York Southern on 3/5/2021.]
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Magistrate Judge Ona T. Wang 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) [Transferred from New York Southern on 3/5/2021.]
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Big Funny, LLC, re: #1 Complaint,,. Document filed by Metamorfoza d.o.o. d/b/a Museum of Illusions. (Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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Filing 4
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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Filing 3
FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Metamorfoza d.o.o. d/b/a Museum of Illusions.(Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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Filing 2
CIVIL COVER SHEET filed. (Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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Filing 1
COMPLAINT against Big Funny, LLC. (Filing Fee $ 400.00, Receipt Number ANYSDC-18347820)Document filed by Metamorfoza d.o.o. d/b/a Museum of Illusions. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G, #8 Exhibit Exhibit H, #9 Exhibit Exhibit I, #10 Exhibit Exhibit J, #11 Exhibit Exhibit K, #12 Exhibit Exhibit L, #13 Exhibit Exhibit M, #14 Exhibit Exhibit N)(Samuels, William) [Transferred from New York Southern on 3/5/2021.]
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