Espire Ads LLC et al v. Tapp Influencers Corp. et al
| Espire Ads LLC, The Blu Market Inc., The Blu Market LLC and Lisa Navarro |
| Tapp Influencers Corp., Steven Forkosh, Brennan Kastner, Justin Emert and TAPP Market Influencers LLC |
| 2:2023cv01347 |
| February 22, 2023 |
| US District Court for the Central District of California |
| Maria A Audero |
| Michael W Fitzgerald |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 84 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Yarden Hodes. 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. (sh) |
| Filing 83 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Stephen Paul Thomasch. 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. (sh) |
| Filing 82 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Sarmad Mostafa Khojasteh. 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. (sh) |
| Filing 81 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Richard Lewis Herzfeld. 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. (sh) |
| Filing 80 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Zachary Greg Meyer. 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. (sh) |
| Filing 79 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 78 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 77 NOTICE OF ASSIGNMENT to District Judge Michael W. Fitzgerald and Magistrate Judge Maria A. Audero. (sh) |
| Filing 76 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:21-cv-10623-JGK, from Southern District of New York. The above-referenced case has been transferred to this district and assigned the above civil case number 2:23-cv-01347 MWF (MAAx). (sh) |
| Filing 75 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern |
Filing 74
STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned attorneys for the TAPP Parties and Espire Patties, that: l. The parties shall confer and notify one another by no later than March 17th, 2023 as to whether they intend to amend the complaint, and will identify what claims, if any, they intend to replead or add; 2. The last day to file a motion for leave to amend the TAPP F AC or Espire F AC shall be March 24, 2023, if any, provided, however, that each patty reserves the right to move for leave to rep lead during the course of fact discovery as set forth in the Fed. R.Civ. P.; 3. To the extent that neither party files a motion for leave to amend their respective complaints, the last day for the patties to file their respective answers to the TAPP FAC and Espire FAC shall be April 7, 2023; and 4. For the avoidance of doubt, nothing in this Stipulation shall be deemed or construed as any party's consent to any counte1pa1ty' s pleading amendment. SO ORDERED. (Signed by Judge John G. Koeltl on 2/22/2023) ( Motions due by 3/24/2023.) (ks) [Transferred from New York Southern on 2/27/2023.]
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| Filing 73 PROPOSED STIPULATION AND ORDER. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Khojasteh, Sarmad) [Transferred from New York Southern on 2/27/2023.] |
| Set/Reset Deadlines: Justin Emert answer due 4/7/2023; Steven Forkosh answer due 4/7/2023; Brennan Kastner answer due 4/7/2023; TAPP Market Influencers LLC answer due 4/7/2023; Tapp Influencers Corp. answer due 4/7/2023; The Blu Market LLC answer due 4/7/2023; The Blu Market, Inc. answer due 4/7/2023. (ks) [Transferred from New York Southern on 2/27/2023.] |
| Filing 72 NOTICE OF APPEARANCE by Yarden Hodes on behalf of Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Hodes, Yarden) [Transferred from New York Southern on 2/27/2023.] |
| Filing 71 NOTICE OF APPEARANCE by Stephen Paul Thomasch on behalf of Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Thomasch, Stephen) [Transferred from New York Southern on 2/27/2023.] |
| Filing 70 NOTICE OF APPEARANCE by Sarmad Mostafa Khojasteh on behalf of Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Khojasteh, Sarmad) [Transferred from New York Southern on 2/27/2023.] |
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Filing 69
MEMORANDUM OPINION AND ORDER re: (43 in 1:21-cv-10623-JGK, 43 in 1:21-cv-10623-JGK) MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . filed by Steven Forkosh, The Blu Market, Inc., Justin Emert, Tapp Influencers Corp., The Blu Market LLC, Brennan Kastner.The Court has considered all the arguments of the parties. To the extent not specifically addressed above, the arguments are either moot or without merit. For the foregoing reasons, the Espire and TAPP Actions will be consolidated pursuant to Rule 42, and the motions to dismiss pursuant to Rules 12 (b) (1), (2), (3) and (7) are denied. The claims against Kastner for misappropriation of trade secrets under the DTSA, breach of contract, breach of the implied covenant of good faith and fair dealing, tortious interference, and breach of fiduciary duty are transferred to the United States District Court for the Central District of California pursuant to 28 U.S.C. 1404(a). The TAPP defendants' Rule 12(f) motion to strike is denied. The motions to dismiss pursuant to Rule 12(b) (6) are decided as indicated above. Any claims that are dismissed can be repleaded only if the deficiencies noted in the text can be resolved in good faith in an amended pleading. The Clerk is directed to close all pending motions and to transfer the above claims against Kastner to the United States District Court for the Central District of California. SO ORDERED. (Signed by Judge John G. Koeltl on 2/13/2023) (ks) Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 2/27/2023.]
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| Filing 68 REPLY MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 67 REPLY AFFIDAVIT of Steven Forkosh in Support re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc.. (Attachments: #1 Exhibit Navarro post equating Kvrma and Espire).(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
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Filing 66
ORDER granting #64 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge John G. Koeltl on 6/23/2022) (ks) [Transferred from New York Southern on 2/27/2023.]
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| Filing 65 LETTER addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated June 23,2022 re: Defendants' 6/23/2022 Letter. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 64 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/23/22. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 63 LETTER RESPONSE in Support of Motion addressed to Judge John G. Koeltl from Richard L Herzfeld dated 6/21/22 re: #60 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/15/22. . Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 62 LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated June 16, 2022 re: #60 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/15/22. . Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc.. (Attachments: #1 Exhibit Un-obscured version of Defendants' "Exhibit D", #2 Exhibit 8.29.2020 DocuSign E-Mail, #3 Exhibit Forkosh Falsified DocuSign E-Mail, #4 Exhibit Forkosh 6.14.2022 Text, #5 Exhibit Forkosh 3.2.2022 Tortious Interference, #6 Exhibit IRS 501(c)(3) Designation, #7 Exhibit Forkosh 4.22.2022 Texts).(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
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Filing 61
ORDER granting #60 Letter Motion for Conference re: #60 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/15/22. The parties are directed to appear, by phone, for a pre- motion conference on June 24, 2022, at 3: 00 p.m. Dial-in: (888) 363-4749, with access code 8140049. The Clerk is directed to close Docket No. 60. SO ORDERED. ( Telephone Conference set for 6/24/2022 at 03:00 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 6/15/22) (yv) [Transferred from New York Southern on 2/27/2023.]
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| Filing 60 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/15/22. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 59 MEMORANDUM OF LAW in Opposition re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
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Filing 58
ORDER denying #55 Letter Motion for Leave to File Excess Pages. The Court directed the plaintiffs to file a new memorandum of law in opposition to the motion to dismiss, not to exceed 9,000 words. Plaintiffs' counsel seeks to file a motion containing 13,520 words. The motion to file excess pages is denied. Plaintiffs' counsel should file a new motion, not to exceed 9,000 words (inclusive of footnotes), by June 3, 2022. All footnotes must be double spaced. See Individual Practices II.D. The defendants should reply by July 5, 2022. The Clerk is directed to close Docket No. 55. SO ORDERED. (Signed by Judge John G. Koeltl on 6/1/2022) (tg) [Transferred from New York Southern on 2/27/2023.]
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| Filing 57 LETTER REPLY to Response to Motion addressed to Judge John G. Koeltl from Zachary G. Meyer dated June 1, 2022 re: #55 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Zachary G. Meyer dated June 1, 2022. . Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 56 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/1/22 re: #55 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Zachary G. Meyer dated June 1, 2022. . Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 55 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Zachary G. Meyer dated June 1, 2022. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc.. (Attachments: #1 Exhibit Proposed Memorandum of Law).(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Set/Reset Deadlines: Motions due by 6/3/2022. Replies due by 7/5/2022. (tg) [Transferred from New York Southern on 2/27/2023.] |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 5/31/2022. (Fletcher, Donnie) [Transferred from New York Southern on 2/27/2023.] |
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Filing 54
ORDER: withdrawing #49 Motion for Sanctions. The Clerk is directed to strike the memorandum of law at Docket No. 53. The plaintiffs should file a new memorandum of law in opposition to the motion to dismiss, which can be no longer than 9,000 words, by June 1, 2022. The memorandum of law should include a certification from plaintiffs' counsel regarding the length of the brief. The defendants should reply by July 1, 2022. Because the plaintiffs' motion for sanctions is being withdrawn without prejudice, the Clerk is directed to close Docket No. 49. SO ORDERED. (Signed by Judge John G. Koeltl on 5/31/2022) (ama) [Transferred from New York Southern on 2/27/2023.]
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| ***STRICKEN DOCUMENT. Deleted document number 53 from the case record. The document was stricken from this case pursuant to #54 Order on Motion for Sanctions,,. (ama) [Transferred from New York Southern on 2/27/2023.] |
| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference set for 5/31/2022 at 11:30 AM before Judge John G. Koeltl. Dial-in: 888 363-4749, with access code 8140049. (Fletcher, Donnie) [Transferred from New York Southern on 2/27/2023.] |
| Filing 53 ***STRICKEN DOCUMENT. Deleted document number 53 from the case record. The document was stricken from this case pursuant to #54 Order on Motion for Sanctions.MEMORANDUM OF LAW in Opposition re: #49 CROSS MOTION for Sanctions #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) Modified on 5/31/2022 (ama). Modified on 6/1/2022 (ama). [Transferred from New York Southern on 2/27/2023.] |
| Filing 52 AFFIDAVIT of Jeffrey Klein in Opposition re: #49 CROSS MOTION for Sanctions ., #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 51 AFFIDAVIT of Lisa Navarro in Opposition re: #49 CROSS MOTION for Sanctions ., #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 50 DECLARATION of Zachary G. Meyer in Opposition re: #49 CROSS MOTION for Sanctions ., #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc.. (Attachments: #1 Exhibit 1AC, #2 Exhibit Espire NYS DOS Foreign Authority, #3 Exhibit Kastner Agreement dated 5.18.2020, #4 Exhibit App Transfer & Forkosh Payments, #5 Exhibit JV Agreement w DocuSign Certifications, #6 Exhibit JV Agreement Circulation E-Mail, #7 Exhibit JV Agreement DocuSign Execution Confirmation E-Mail, #8 Exhibit Forkosh Texts, #9 Exhibit RH Circulated Agreement, #10 Exhibit RH 10.31.2020 E-mail Admitting JV Agreement Execution, #11 Exhibit Forkosh Meetings, #12 Exhibit Tapp LLC NYS DOS, #13 Exhibit Emert Termination, #14 Exhibit Kvrma Foundation IRS 501(c)(3) Designation, #15 Exhibit Copyright Registrations, #16 Exhibit Expert Opinion).(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 49 CROSS MOTION for Sanctions . Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 48 MEMORANDUM OF LAW in Support re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 47 AFFIDAVIT of Alex Vazquez in Support re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 46 AFFIDAVIT of Brendan Kastner in Support re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 45 AFFIDAVIT of Justin Emert in Support re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 44 AFFIDAVIT of Steven Forkosh in Support re: #43 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction .. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc.. (Attachments: #1 Exhibit 1-Espire FAC, #2 Exhibit 2-Espire Del. Formation, #3 Exhibit 3-Cease and Desist, #4 Exhibit 4-Export of Influencer lists, #5 Exhibit 5-Diversion of business, #6 Exhibit 6-Copying of forms, #7 Exhibit 7-Copyrights, #8 Exhibit 8-Blu Market Pre-existing Apps, #9 Exhibit 9- Theft of funds, #10 Exhibit 10-linked in listing, #11 Exhibit 11-Espire NY Operations, #12 Exhibit 12-Espire Failure to Register, #13 Exhibit 13-Rejection of Ownership Claim, #14 Exhibit 14-Navarro-Preliminary JV Agreement, #15 Exhibit 15-Espire Op. Ag., #16 Exhibit 16-Espire Grievance List, #17 Exhibit 17-JV Rescission Email #1, #18 Exhibit 18-JV Rescission Email #2, #19 Exhibit 19-17-JV Rescission Email #3, #20 Exhibit 20-Kvrma Formation, #21 Exhibit 21-Kvrma Formation-Suspension, #22 Exhibit 22-Kvrma lack of 501c3 status, #23 Exhibit 23-Kvrma For profit activity, #24 Exhibit 24-Navarro Instagam Excerpt, #25 Exhibit 25-ESpire Cal. Suspension, #26 Exhibit 26-Emert Fla. Domicile, #27 Exhibit 27-Kastner Agreement, #28 Exhibit 28-Kastner Domicile).(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 43 MOTION to Dismiss ., MOTION to Dismiss for Lack of Jurisdiction . Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard Lewis Herzfeld to RE-FILE Document #41 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Richard Lewis Herzfeld to RE-FILE Document #42 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db) [Transferred from New York Southern on 2/27/2023.] |
| Filing 42 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss . MOTION to Dismiss for Lack of Jurisdiction . . Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc. (Herzfeld, Richard) Modified on 5/4/2022 (db). [Transferred from New York Southern on 2/27/2023.] |
| Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss ., MOTION to Dismiss for Lack of Jurisdiction .( Responses due by 5/30/2022) Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc.. (Attachments: #1 Affidavit Steven Forkosh, #2 Affidavit Justin Emert, #3 Affidavit Brendan Kastner, #4 Affidavit Alex Vazquez, #5 Exhibit 1-First Amended Complaint, #6 Exhibit 2-Espire Formation Date, #7 Exhibit 3-Espire Cease and Desist, #8 Exhibit 4-Espire Theft of Influencer lists, #9 Exhibit 5-Espire Diversion of Advertisers, #10 Exhibit 6-Espire Use of Blu Market forms, #11 Exhibit 7-Espire Copyrights, #12 Exhibit 8-Espire Apps, #13 Exhibit 9-Navarro Theft of Funds, #14 Exhibit 10-Navarro Linked In, #15 Exhibit 11-Espire Operation In NY, #16 Exhibit 12-Espire Failure to Register in NY, #17 Exhibit 13-Navarro First Blu Market Ownership Claim, #18 Exhibit 14-Rescinded Preliminary Jt Venture Agrement, #19 Exhibit 15-Espire Operating Agreement, #20 Exhibit 16-Navarro Fiduciary misconduct, #21 Exhibit 17-Rescission email 1, #22 Exhibit 18-Rescission email 2, #23 Exhibit 19-Rescission email 3, #24 Exhibit 20-Kvrma LLC suspension, #25 Exhibit 21-Kvrma Corp formation, #26 Exhibit 22-Kvrma false 501c3 claim, #27 Exhibit 23-Kvrma for profit businesses, #28 Exhibit 24-Navarro Instagram transcript excerpt, #29 Exhibit 25-Espire suspension, #30 Exhibit 26-Emert Domicile, #31 Exhibit 27-Kastner Agreement, #32 Exhibit 28-Kastner Domicile).(Herzfeld, Richard) Modified on 5/4/2022 (db). [Transferred from New York Southern on 2/27/2023.] |
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Filing 40
ORDER: granting #39 Letter Motion for Leave to File Excess Pages. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 4/27/2022) (ama) [Transferred from New York Southern on 2/27/2023.]
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| Filing 39 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Richard Herzfeld dated 04/27/2022. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
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Filing 38
STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs ESPIRE ADS LLC, THE BLU MARKET, INC., ex rel. LISA NAVARRO, THE BLU MARKET LLC, ex rel. LISA NAVARRO, and LISA NAVARRO individually (jointly, "Plaintiffs") and counsel for defendants TAPP INFLUENCERS CORP., TAPP MARKET INFLUENCERS LLC, THE BLU MARKET, INC., THE BLU MARKET LLC, STEVEN FORKOSH, BRENNAN KASTNER, and WSTIN EMERT (jointly, "Defendants") as follows: 1. Counsel for Defendants hereby accepts service of process on behalf of all Defendants via ECF, waives any objection to service of process, and otherwise deems service via ECF good and sufficient service of process on behalf of all Defendants. 2. Each of the parties hereto reserve all other rights and remedies accorded at law, in equity, and under the Fed. R. Civ. P., wherefore nothing in this Stipulation shall be construed as a waiver of any right or remedy except as to the waivers enumerated hereunder. 3. This Stipulation may be executed in electronic counterparts and the electronic copy of this Stipulation may be filed in lieu of the original without further notice. SO ORDERED. (Signed by Judge John G. Koeltl on 4/20/2022) (ks) [Transferred from New York Southern on 2/27/2023.]
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| Filing 37 PROPOSED STIPULATION AND ORDER. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Zachary Greg Meyer to RE-FILE Document No. #36 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. 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. (sj) [Transferred from New York Southern on 2/27/2023.] |
| Filing 36 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to TAPP MARKET INFLUENCERS LLC, re: #31 Amended Complaint. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc..(Meyer, Zachary) Modified on 4/19/2022 (sj). [Transferred from New York Southern on 2/27/2023.] |
| Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 3/16/2022. (Fletcher, Donnie) [Transferred from New York Southern on 2/27/2023.] |
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Filing 35
ORDER granting #33 Letter Motion to Adjourn Conference. The conference will proceed on 3/16/2022 at 10:00 A.M. (Signed by Judge John G. Koeltl on 3/14/2022) (ate) Modified on 3/15/2022 (ate). [Transferred from New York Southern on 2/27/2023.]
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| Filing 34 LETTER addressed to Judge John G. Koeltl from Richard Herzfeld dated 3/9/22 re: Conference Date. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 33 LETTER MOTION to Adjourn Conference addressed to Judge John G. Koeltl from RIchard L. Herzfeld dated 3/7/22. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
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Filing 32
ORDER, The plaintiffs' amended complaint (ECF No. 31) is accepted as timely filed. A conference is scheduled for March 16, 2022, at 10:00 a.m. The parties may access the conference using the following dial-in: 888-363-4749, with access code 8140049. SO ORDERED. ( Telephone Conference set for 3/16/2022 at 10:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/4/22) (yv) [Transferred from New York Southern on 2/27/2023.]
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| Filing 31 FIRST AMENDED COMPLAINT amending #1 Complaint, against Justin Emert, Steven Forkosh, Brennan Kastner, TAPP Market Influencers LLC, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc. with JURY DEMAND.Document filed by The Blu Market LLC, The Blu Market, Inc., Espire Ads LLC, Lisa Navarro. Related document: #1 Complaint,..(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Zachary Greg Meyer to RE-FILE re: Document No. #30 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, the Amended Complaint was filed incorrectly after the due date. Permission from Chambers will need to be acquired to accept the Amended Complaint when it is correctly filed. 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 2/27/2023.] |
| Filing 30 FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #29 Amended Complaint, against All Defendants with JURY DEMAND.Document filed by The Blu Market LLC, The Blu Market, Inc., Espire Ads LLC, Lisa Navarro. Related document: #29 Amended Complaint,..(Meyer, Zachary) Modified on 3/3/2022 (pc). [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Zachary Greg Meyer to RE-FILE re: Document No. #29 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading (Tapp Market Influencers LLC) were not entered on CM ECF; the All Defendant radio button was selected. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. 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. (vf) [Transferred from New York Southern on 2/27/2023.] |
| Filing 29 FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint, against All Defendants with JURY DEMAND.Document filed by The Blu Market LLC, The Blu Market, Inc., Espire Ads LLC, Lisa Navarro. Related document: #1 Complaint,..(Meyer, Zachary) Modified on 3/1/2022 (vf). [Transferred from New York Southern on 2/27/2023.] |
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Filing 28
MEMO ENDORSEMENT on re: (28 in 1:21-cv-11068-JGK) Letter, filed by Nathaniel Co, Espire Ads LLC, CPA Viral LLC, Charles Punay, Lisa Navarro, (27 in 1:21-cv-10623-JGK) Letter, filed by Espire Ads LLC, The Blu Market, Inc., The Blu Market LLC, Lisa Navarro, ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 2/9/2022) ( Amended Pleadings due by 2/28/2022., Motions due by 4/30/2022., Responses due by 5/30/2022, Replies due by 6/30/2022.) (ks) [Transferred from New York Southern on 2/27/2023.]
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| Filing 27 LETTER addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated February 9, 2022 re: February 1, 2022 Pre-Motion Conference Directives. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
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Filing 26
ORDER: As stated at today's conference, the parties should submit a letter by February 9, 2022, explaining what the parties propose to do in terms of consolidating the two related cases, filing amended complaints, and proposing a briefing schedule for motions to dismiss or motions for new pleadings as well as judgment on the pleadings. SO ORDERED. (Signed by Judge John G. Koeltl on 1/31/2022) (ks) Modified on 2/1/2022 (ks). [Transferred from New York Southern on 2/27/2023.]
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Filing 25
ORDER: As stated at today's conference, the parties should submit a letter by February 9, 2022, explaining what the parties propose to do in terms of consolidating the two related cases, filing amended complaints, and proposing a briefing schedule for motions to dismiss or motions for new pleadings as well as judgment on the pleadings. SO ORDERED. (Signed by Judge John G. Koeltl on 1/31/2022) (kv) [Transferred from New York Southern on 2/27/2023.]
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| Minute Entry for proceedings held before Judge John G. Koeltl: Telephone Conference held on 1/31/2022. (Fletcher, Donnie) [Transferred from New York Southern on 2/27/2023.] |
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Filing 24
ORDER granting #21 Letter Motion for Conference re: #21 LETTER MOTION for Conference prior to motion practice addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 1/16/22. A pre-motion conference in this matter is scheduled for Monday, January 31, 2022, at 3:00pm. Dial-in: 888 363-4749. Access code: 8140049. The clerk shall close Document 21 in 21 civ 10623, and Document 28 in 23 civ 11068, as letter motions. SO ORDERED. Telephone Conference set for 1/31/2022 at 03:00 PM before Judge John G. Koeltl. (Signed by Judge John G. Koeltl on 1/19/2022) (jca) [Transferred from New York Southern on 2/27/2023.]
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| Filing 23 LETTER REPLY to Response to Motion addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 1/18/22 re: #21 LETTER MOTION for Conference prior to motion practice addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 1/16/22. . Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, Tapp Influencers Corp., The Blu Market LLC..(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 22 LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated January 17, 2022 re: #21 LETTER MOTION for Conference prior to motion practice addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 1/16/22. . Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 21 LETTER MOTION for Conference prior to motion practice addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 1/16/22. Document filed by Justin Emert, Steven Forkosh, Brennan Kastner, Tapp Influencers Corp., The Blu Market LLC..(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
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Filing 20
STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs ESPIRE ADS LLC, THE BLU MARKET, INC., ex rel. LISA NAVARRO, THE BLU MARKET LLC, ex rel. LISA NAVARRO, and LISA NAVARRO individually (Jointly, "Plaintiffs") and counsel for defendants TAPP INFLUENCERS CORP., THE BLU MARKET, INC., THE BLU MARKET LLC, STEVEN FORKOSH, BRENNAN KASTNER, and JUSTIN EMERT (Jointly, "Defendants") as follows: 1. Counsel for Defendants hereby accepts service of process on behalf of all Defendants via ECF, waives any objection to service of process, and otherwise deems service via ECF good and sufficient service of process on behalf of Defendants. 2. Each of the patties hereto reserve all other rights and remedies accorded at law, in equity, and under the Fed. R. Civ. P., wherefore nothing in this Stipulation shall be construed as a waiver of any right or remedy except as to the waivers enumerated hereunder, including but not limited to any right to amend as may be provided by statute, rule or case law. 3. Within ten days from the date hereof, counsel for Defendants shall file a dismissal pre-motion conference letter pursuant to Rule II(B) of the Individual Practices of the Hon. John G. Koeltl. 4. If leave to interpose a dismissal motion is granted, the parties agree to the following briefing schedule: (a) Defendants shall have sixty (60) days to interpose a dismissal motion; (b) Plaintiffs shall have thirty (30) days to file opposition and/or any cross-motion; (c) Defendants shall have fifteen (15) days to file a reply, if any and Plaintiffs shall have fifteen (15) days to file a cross-motion reply, if any. If leave is denied, answers and counterclaims shall be filed within 60 days of the denial. 5. This Stipulation may be executed in electronic counterparts and the electronic copy of this Stipulation may be filed in lieu of the original without further notice. SO ORDERED. (Signed by Judge John G. Koeltl on 1/7/2022) (ks)[Transferred from New York Southern on 2/27/2023.]
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| Filing 19 PROPOSED SCHEDULING ORDER. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 18 NOTICE OF APPEARANCE by Richard Lewis Herzfeld on behalf of Justin Emert, Steven Forkosh, Brennan Kastner, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/27/2023.] |
| Filing 17 ELECTRONIC SUMMONS ISSUED as to Justin Emert..(gp) [Transferred from New York Southern on 2/27/2023.] |
| Filing 16 ELECTRONIC SUMMONS ISSUED as to The Blu Market LLC..(gp) [Transferred from New York Southern on 2/27/2023.] |
| Filing 15 ELECTRONIC SUMMONS ISSUED as to Brennan Kastner..(gp) [Transferred from New York Southern on 2/27/2023.] |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to Tapp Influencers Corp...(gp) [Transferred from New York Southern on 2/27/2023.] |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to The Blu Market, Inc...(gp) [Transferred from New York Southern on 2/27/2023.] |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Steven Forkosh..(gp) [Transferred from New York Southern on 2/27/2023.] |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Steven Forkosh..(gp) [Transferred from New York Southern on 2/27/2023.] |
| Filing 10 REQUEST FOR ISSUANCE OF SUMMONS as to Justin Emert, re: #1 Complaint,. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Brennan Kastner, re: #1 Complaint,. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 8 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Forkosh, re: #1 Complaint,. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Steven Forkosh, re: #1 Complaint,. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to The Blu Market LLC, re: #1 Complaint,. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to The Blu Market, Inc., re: #1 Complaint,. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Tapp Influencers Corp., re: #1 Complaint,. Document filed by Espire Ads LLC, Lisa Navarro, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 3 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Espire Ads LLC, The Blu Market LLC, The Blu Market, Inc...(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| Filing 2 CIVIL COVER SHEET filed..(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Zachary Greg Meyer. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (sj) [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Zachary Greg Meyer. The party information for the following party/parties has been modified: The Blu Market, Inc., The Blu Market LLC, Lisa Navarro. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (sj) [Transferred from New York Southern on 2/27/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Zachary Greg Meyer. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due). The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid). (sj) [Transferred from New York Southern on 2/27/2023.] |
| Magistrate Judge Gabriel W. Gorenstein 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. (sj) [Transferred from New York Southern on 2/27/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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..(sj) [Transferred from New York Southern on 2/27/2023.] |
| Case Designated ECF. (sj) [Transferred from New York Southern on 2/27/2023.] |
| Filing 1 COMPLAINT against Justin Emert, Steven Forkosh, Brennan Kastner, Tapp Influencers Corp., The Blu Market LLC, The Blu Market, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-25457182)Document filed by The Blu Market LLC, The Blu Market, Inc., Espire Ads LLC, Lisa Navarro..(Meyer, Zachary) [Transferred from New York Southern on 2/27/2023.] |
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