TAPP Influencers LLC et al v. Espire Ads LLC et al
| TAPP Market Influencers LLC, The Blu Market Inc. and Steven Forkosh |
| Espire Ads LLC, Lisa Navarro, nathaniel co, charles punay, CPA VIral LLC doing business as TAPMOB, KVRMA, LLC and Jasper Pangilinan |
| 2:2023cv01348 |
| February 22, 2023 |
| US District Court for the Central District of California |
| Maria A Audero |
| Michael W Fitzgerald |
| Maame Ewusi-Mensah Frimpong |
| Alka Sagar |
| Commerce ICC Rates, Etc. |
| 28 U.S.C. § 1367 |
| Plaintiff |
Docket Report
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| Filing 78 SCHEDULING NOTICE by Judge Michael W. Fitzgerald. On the Court's own motion, the Scheduling Conference set for 4/20/2023 is vacated. Judge Fitzgerald will issue an order resetting the Scheduling Conference at a later date. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rs) TEXT ONLY ENTRY |
Filing 77
ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 21-01-Related Case- filed. Related Case No: 2:23-cv-01347 MWF(MAAx). Case transferred from Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Alka Sagar to Judge Michael W. Fitzgerald and Magistrate Judge Maria A. Audero for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:23-cv-01348 MWF(MAAx). Signed by Judge Michael W. Fitzgerald (rn)
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| Filing 76 NOTICE of Appearance filed by attorney Robert W Bosslet on behalf of Plaintiffs Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc. (Attorney Robert W Bosslet added to party Steven Forkosh(pty:pla), Attorney Robert W Bosslet added to party TAPP Market Influencers LLC(pty:pla), Attorney Robert W Bosslet added to party The Blu Market Inc.(pty:pla))(Bosslet, Robert) |
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Filing 75
ORDER SETTING SCHEDULING CONFERENCE by Judge Maame Ewusi-Mensah Frimpong. Scheduling Conference set for 4/20/2023 at 10:00 AM before Judge Maame Ewusi-Mensah Frimpong. (kd)
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Filing 74
CIVIL STANDING ORDER by Judge Maame Ewusi-Mensah Frimpong. (kd)
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| Filing 73 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 72 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 71 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (sh) |
| Filing 70 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (sh) |
| Filing 69 NOTICE OF ASSIGNMENT to District Judge Maame Ewusi-Mensah Frimpong and Magistrate Judge Alka Sagar. (sh) |
| Filing 68 NOTICE OF RECEIPT OF CASE TRANSFERRED IN: Formerly Case Number: 1:21-cv-11068-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-01348. (sh) |
| Filing 67 ORIGINAL file, certified copy of transfer order and docket sheet received from New York Southern |
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Filing 66
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 2/24/2023.]
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Filing 65
ORDER granting #63 Letter Motion for Leave to File Document. This letter will be accepted as a surreply.. (Signed by Judge John G. Koeltl on 8/16/2022) (ks) [Transferred from New York Southern on 2/24/2023.]
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| Filing 64 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated July 1, 2022 re: #63 LETTER MOTION for Leave to File surreply addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/30/22. . Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 63 LETTER MOTION for Leave to File surreply addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/30/22. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 62 REPLY MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss . . Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 61 REPLY AFFIRMATION of Zachary G. Meyer, Esq. in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay. (Attachments: #1 Exhibit Kastner Texts, #2 Exhibit 501(c)(3) Designation, #3 Exhibit Tapp NYS DOS, #4 Exhibit Consulting Advisory Agreement).(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 60 REPLY AFFIDAVIT of Lisa Navarro in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay. (Attachments: #1 Exhibit Kastner Texts, #2 Exhibit Kvrma 501(c)(3)).(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 59 REPLY AFFIDAVIT of Michael Tran in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
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Filing 58
ORDER granting #57 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 6/17/2022) (ks) [Transferred from New York Southern on 2/24/2023.]
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| Filing 57 LETTER MOTION for Leave to File Excess Pages addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated June 17, 2022. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
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Filing 56
ORDER denying #54 LETTER MOTION for Leave to File supplemental affidavits and memo. Application denied. SO ORDERED. (Signed by Judge John G. Koeltl on 6/9/2022) (jca) [Transferred from New York Southern on 2/24/2023.]
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| Filing 55 LETTER RESPONSE in Opposition to Motion addressed to Judge John G. Koeltl from Zachary G. Meyer dated June 9, 2022 re: #54 LETTER MOTION for Leave to File supplemental affidavits and memo addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/9/22. . Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 54 LETTER MOTION for Leave to File supplemental affidavits and memo addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 6/9/22. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 53 MEMORANDUM OF LAW in Opposition re: #45 MOTION to Dismiss . . Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 52 AFFIDAVIT of Steven Forkosh in Opposition re: #45 MOTION to Dismiss .. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc.. (Attachments: #1 Exhibit 29-prior dismissals of action to pierce veil, #2 Exhibit 30-excerpt of defamatory broadcast, #3 Exhibit 31-defamatory post).(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 51 MEMORANDUM OF LAW in Support re: #45 MOTION to Dismiss . . Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 50 AFFIDAVIT of Nathaniel Co in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 49 AFFIDAVIT of Charles Punay in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 48 AFFIDAVIT of Jasper Pangilnan in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 47 AFFIDAVIT of Lisa Navarro in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 46 DECLARATION of Zachary G. Meyer, Esq. in Support re: #45 MOTION to Dismiss .. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay. (Attachments: #1 Exhibit Espire 1AVC, #2 Exhibit Tapp 1AVC, #3 Exhibit Stmnt of Relatedness, #4 Exhibit Rule II(B) PMC Ltr, #5 Exhibit JV Agmnt, #6 Exhibit Delaware DOS Espire, #7 Exhibit Delaware DOS Blu LLC, #8 Exhibit N&J JV Agmnt, #9 Exhibit Blu Separation Agmnt, #10 Exhibit Summons w Notice, #11 Exhibit Stipulation of Settlement, #12 Exhibit Forkosh Letter, #13 Exhibit Kastner Agent, #14 Exhibit Forkosh Texts, #15 Exhibit Kvrma LLC AOO & EIN, #16 Exhibit Kvrma CA Entity Info, AOO & EIN, #17 Exhibit Forkosh Request to Execute JV Agreement).(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Zachary Greg Meyer to RE-FILE Document #45 MOTION to Dismiss . ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db) [Transferred from New York Southern on 2/24/2023.] |
| Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay. (Attachments: #1 Affidavit Lisa Navarro, #2 Affidavit Nthaniel Co, #3 Affidavit Jasper Pangilnan, #4 Affidavit Charles Punay, #5 Affidavit Declaration of Zachary Meyer, #6 Exhibit Ex 1 - Espire 1AC, #7 Exhibit Ex 2 - Tapp 1AC, #8 Exhibit Ex 3 - Statement of Relatedness, #9 Exhibit Ex 4 - Rule II(B) PMC Letter, #10 Exhibit Ex 5 - JV Agreement, #11 Exhibit Ex 6 - Espire Delaware DOS, #12 Exhibit Ex 7 - The Blu Market LLC Delaware DOS, #13 Exhibit Ex 8 - N&J JV Agreement, #14 Exhibit Ex 9 - Blu Separation Agreement, #15 Exhibit Ex 10 - Summons with Notice, #16 Exhibit Ex 11 - Settlement, #17 Exhibit Ex 12 - Forkosh Letter 2017, #18 Exhibit Ex 13 - Kastner Agreement, #19 Exhibit Ex 14 - Forkosh Texts, #20 Exhibit Ex 15 - Kvrma LLC Articles & EIN, #21 Exhibit Ex 16 - Kvrma CA Entity Info, Articles, & EIN, #22 Exhibit Ex 17 - Forkosh Request to Execute JV Agreement, #23 Memorandum of Law).(Meyer, Zachary) Modified on 5/11/2022 (db). [Transferred from New York Southern on 2/24/2023.] |
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Filing 44
STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs and counsel for defendants as follows: Subject to the approval of the Court, defendants consent to the amendment of the first amended complaint to add Kvrma aka Kvrma Foundation (a California not-for-profit corporation) as a defendant. Subject to this Court's approval, for purposes of the complaint and defendants' motion to dismiss, all allegations against Kvrma LLC will be deemed asserted against Kvrma Foundation as well (other than the lack of status as a not -for-profit corporation), without prejudice to any and all defenses and/or arguments which defendants may raise. And as set forth herein. SO ORDERED. (Signed by Judge John G. Koeltl on 4/27/2022) (ama) [Transferred from New York Southern on 2/24/2023.]
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| Filing 43 PROPOSED STIPULATION AND ORDER. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
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Filing 42
STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs TAPP INFLUENCERS CORP., THE BLU MARKET, INC., and STEVEN FORKOSH (jointly, "Plaintiffs") and counsel for defendants ESPIRE ADS LLC, KVRMA, LLC, LISA NAVARRO, NATHANIEL CO, CHARLES PUNAY, CPA VIRAL LLC, d/b/a TAPMOB, and JASPER PANGILNAN (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 2/24/2023.]
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| Filing 41 PROPOSED STIPULATION AND ORDER. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, KVRMA, LLC, Lisa Navarro, Jasper Pangilinan, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 40 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,,. KVRMA, LLC served on 3/9/2022, answer due 5/9/2022. Service was accepted by Patricia Barriga-agent. Document filed by TAPP Market Influencers LLC; Steven Forkosh; The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| 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 2/24/2023.] |
| Filing 39 ENDORSED LETTER addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 3/9/2022 re: adjourning conference. ENDORSEMENT: The conference will proceed on 3/16/22 at 10:00 AM as scheduled., ( Status Conference set for 3/16/2022 at 10:00 AM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 3/14/2022) (ate) [Transferred from New York Southern on 2/24/2023.] |
| Filing 38 ELECTRONIC SUMMONS ISSUED as to Jasper Pangilinan..(pc) [Transferred from New York Southern on 2/24/2023.] |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to KVRMA, LLC..(pc) [Transferred from New York Southern on 2/24/2023.] |
| Filing 36 REQUEST FOR ISSUANCE OF SUMMONS as to JASPER PANGILINAN, re: #30 Amended Complaint,,,. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 35 REQUEST FOR ISSUANCE OF SUMMONS as to Kvrma LLC, re: #30 Amended Complaint,,,. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 34 FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to JASPER PANGILINAN, re: #30 Amended Complaint,,,. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) Modified on 3/2/2022 (vf). [Transferred from New York Southern on 2/24/2023.] |
| Filing 33 FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Kvrma LLC, re: #30 Amended Complaint,,,. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) Modified on 3/2/2022 (vf). [Transferred from New York Southern on 2/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard Lewis Herzfeld to RE-FILE Document No. #34 Request for Issuance of Amended Summons, #33 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; and plaintiff or plaintiffs attorney information section of Summons Form is not provided. 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. (vf) [Transferred from New York Southern on 2/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Richard Lewis Herzfeld to RE-FILE Document No. #31 Request for Issuance of Amended Summons, #32 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; wrong filer/filers were selected for the request for issuance of summons; plaintiff or plaintiff's attorney information section of form not provided; Filing Court title not provided. 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. (vf) [Transferred from New York Southern on 2/24/2023.] |
| Filing 32 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Kvrma LLC, re: #30 Amended Complaint. Document filed by kvrma llc..(Herzfeld, Richard) Modified on 3/1/2022 (vf). [Transferred from New York Southern on 2/24/2023.] |
| Filing 31 FILING ERROR - DEFICIENT - SUMMONS REQUEST- REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Jasper Pangilinan, re: #30 Amended Complaint,,,. Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) Modified on 3/1/2022 (vf). [Transferred from New York Southern on 2/24/2023.] |
| Filing 30 FIRST AMENDED COMPLAINT amending #1 Complaint,, against CPA Viral LLC, Nathaniel Co, Espire Ads LLC, Lisa Navarro, Charles Punay, kvrma llc, Jasper Pangilinan with JURY DEMAND.Document filed by TAPP Market Influencers LLC, Steven Forkosh, The Blu Market Inc.. Related document: #1 Complaint,,. (Attachments: #1 Exhibit 1 Kvrma 501c3 adverticement, #2 Exhibit 2 Tapmob-Kvrma websites, #3 Exhibit 3 IRS 501c3 list, #4 Exhibit 4 Espire formation, #5 Exhibit 5 export of Blu Market influencers, #6 Exhibit 6 copyrights, #7 Exhibit 7 Espire transition notice, #8 Exhibit 8 Navarro self-payment, #9 Exhibit 9 Navarro claim rejection, #10 Exhibit 10-Defamatory text, #11 Exhibit 11 Co-Pangilinan settlement, #12 Exhibit 12 Preliminary Navarro agreement, #13 Exhibit 13 Espire Operating ag., #14 Exhibit 14 Rescission of preliminary ag.).(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
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Filing 29
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 2/24/2023.]
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| Filing 28 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 CPA Viral LLC, Nathaniel Co, Espire Ads LLC, Lisa Navarro, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
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Filing 27
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 2/24/2023.]
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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) (kv) [Transferred from New York Southern on 2/24/2023.]
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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 2/24/2023.] |
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Filing 25
ORDER granting #23 Letter Motion for Conference re: #23 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated January 17, 2022. 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 2/24/2023.]
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| Filing 24 LETTER RESPONSE to Motion addressed to Judge John G. Koeltl from Richard L. Herzfeld dated 1/18/22 re: #23 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated January 17, 2022. . Document filed by Steven Forkosh, TAPP Market Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 23 LETTER MOTION for Conference addressed to Judge John G. Koeltl from Zachary G. Meyer, Esq. dated January 17, 2022. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, Lisa Navarro, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
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Filing 22
STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs TAPP INFLUENCERS CORP., THE BLU MARKET, INC., and STEVEN FORKOSH Gointly, "Plaintiffs") and counsel for defendants ESPIRE ADS LLC, LISA NAVARRO, NATHANIEL CO, CHARELES PUNAY, and CPA VIRAL LLC, d/b/a TAPMOB Gointly, "Defendants") as follows: 1. The January 6, 2022 Stipulation "So-Ordered" by his Court on January 7th, 2022 (ECF Dkt. 20) is hereby amended nunc pro tune to include additional defendants NATHANIEL CO, CHARELES PUNAY, and CPA VIRAL LLC, d/b/a TAPMOB; all other provisions of ECF Dkt. 20 remain unchanged and in full force and effect. 2. For the avoidance of doubt, counsel for Defendants hereby accepts service of process on behalf of defendants NATHANIEL CO, CHARELES PUNAY, and CPA VIRAL LLC, d/b/a TAPMOB only 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. SO ORDERED. (Signed by Judge John G. Koeltl on 1/8/2022) (ks) [Transferred from New York Southern on 2/24/2023.]
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| Filing 21 PROPOSED STIPULATION AND ORDER. Document filed by CPA Viral LLC, Nathaniel Co, Espire Ads LLC, Lisa Navarro, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
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Filing 20
STIPULATION: IT IS HEREBY STIPULATED by and between the undersigned counsel for plaintiffs TAPP INFLUENCERS CORP., THE BLU MARKET, INC., and STEVEN FORKOSH (Jointly, "Plaintiffs") and counsel for defendants ESPIRE ADS LLC, and LISA NAVARRO only (Jointly, "Defendants") as follows: 1. Counsel for Defendants hereby accepts service of process on behalf of defendants ESPIRE ADS LLC, and LISA NAVARRO only via ECF, waives any objection to service of process, and othe1wise deems service via ECF good and sufficient service of process on behalf of 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, including but not limited to any right to amend as may be provided by statute, rule or case law. 3. Subject to court approval, the caption is amended to correct the name of plaintiff TAPP Influencers LLC to TAPP Market Influencers LLC 4. 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. 5. 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. 6. 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 2/24/2023.]
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| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by CPA Viral LLC, Espire Ads LLC..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 18 NOTICE OF APPEARANCE by Zachary Greg Meyer on behalf of CPA Viral LLC, Nathaniel Co, Espire Ads LLC, Lisa Navarro, Charles Punay..(Meyer, Zachary) [Transferred from New York Southern on 2/24/2023.] |
| Filing 17 PROPOSED SCHEDULING ORDER. Document filed by Steven Forkosh, TAPP Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| NOTICE OF CASE REASSIGNMENT to Judge John G. Koeltl. Judge Unassigned is no longer assigned to the case. (aea) [Transferred from New York Southern on 2/24/2023.] |
| CASE ACCEPTED AS RELATED. Create association to 1:21-cv-10623-JGK. Notice of Assignment to follow. (aea) [Transferred from New York Southern on 2/24/2023.] |
| 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. (aea) [Transferred from New York Southern on 2/24/2023.] |
| Filing 16 STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-10623-JGK. Document filed by Steven Forkosh, TAPP Influencers LLC, The Blu Market Inc...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 15 CIVIL COVER SHEET filed. (Attachments: #1 Exhibit Related case Disclosure).(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 14 ELECTRONIC SUMMONS ISSUED as to CPA Viral LLC..(gp) [Transferred from New York Southern on 2/24/2023.] |
| Filing 13 ELECTRONIC SUMMONS ISSUED as to Charles Punay..(gp) [Transferred from New York Southern on 2/24/2023.] |
| Filing 12 ELECTRONIC SUMMONS ISSUED as to Nathaniel Co..(gp) [Transferred from New York Southern on 2/24/2023.] |
| Filing 11 ELECTRONIC SUMMONS ISSUED as to Espire Ads LLC..(gp) [Transferred from New York Southern on 2/24/2023.] |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Lisa Navarro..(gp) [Transferred from New York Southern on 2/24/2023.] |
| Case Designated ECF. (gp) [Transferred from New York Southern on 2/24/2023.] |
| ***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney Richard Lewis Herzfeld, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (gp) [Transferred from New York Southern on 2/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Richard Lewis Herzfeld to RE-FILE Document No. #8 Civil Cover Sheet. The filing is deficient for the following reason(s): More than one nature of suit was selected on the PDF (Only select one nature of suit). 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.. (gp) [Transferred from New York Southern on 2/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Lewis Herzfeld. The party information for the following party/parties has been modified: The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;. (gp) [Transferred from New York Southern on 2/24/2023.] |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Richard Lewis Herzfeld. The following case opening statistical information was erroneously selected/entered: Cause of Action code 18:1836(b); Nature of Suit code 880 Defend Trade Secrets Act of 2016 (DTSA);. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 28:1367 (as listed on the pleading); the Nature of Suit code has been modified to 450 (Commerce ICC Rates, Etc.). JURISDICTION WAS MODIFIED FROM 4 DIVERSITY TO 3 FEDERAL QUESTION - statistically the system did not allow NOS 450 and diversity.. (gp) [Transferred from New York Southern on 2/24/2023.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(gp) [Transferred from New York Southern on 2/24/2023.] |
| CASE REFERRED TO Judge John G. Koeltl as possibly related to 21-cv-10623. (gp) [Transferred from New York Southern on 2/24/2023.] |
| Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TAPP Influencers LLC, THE BLU MARKET, INC...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 8 FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Herzfeld, Richard) Modified on 12/28/2021 (gp). [Transferred from New York Southern on 2/24/2023.] |
| Filing 7 REQUEST FOR ISSUANCE OF SUMMONS as to Charles Punay, re: #1 Complaint,,. Document filed by Steven Forkosh, TAPP Influencers LLC, THE BLU MARKET, INC...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to CPA Viral, re: #1 Complaint,,. Document filed by Steven Forkosh, TAPP Influencers LLC, THE BLU MARKET, INC...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 5 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - (see doc #7) REQUEST FOR ISSUANCE OF SUMMONS as to, re: #1 Complaint,,. Document filed by Steven Forkosh, TAPP Influencers LLC, THE BLU MARKET, INC...(Herzfeld, Richard) Modified on 12/28/2021 (gp). Modified on 12/28/2021 (gp). [Transferred from New York Southern on 2/24/2023.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Nathaniel Co, re: #1 Complaint,,. Document filed by Steven Forkosh, TAPP Influencers LLC, THE BLU MARKET, INC...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Lisa Navarro, re: #1 Complaint,,. Document filed by Steven Forkosh, TAPP Influencers LLC, THE BLU MARKET, INC...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Espire, re: #1 Complaint,,. Document filed by Steven Forkosh, TAPP Influencers LLC, THE BLU MARKET, INC...(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
| Filing 1 COMPLAINT against CPA VIral LLC, Espire Ads LLC, Lisa Navarro, nathaniel co, charles punay. (Filing Fee $ 402.00, Receipt Number ANYSDC-25510474)Document filed by TAPP Influencers LLC, Steven Forkosh, THE BLU MARKET, INC.. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13).(Herzfeld, Richard) [Transferred from New York Southern on 2/24/2023.] |
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