Freelancer International Pty Limited et al v. Upwork Global, Inc. et al
| Freelancer International Pty Limited and Freelancer Technology Pty Limited |
| Upwork Inc. and Upwork Global, Inc. |
| 3:2020cv06132 |
| August 31, 2020 |
| US District Court for the Northern District of California |
| Susan Illston |
| Kandis A Westmore |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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Filing 54
TRANSCRIPT ORDER for proceedings held on 10/16/2020 before Judge Susan Illston by Freelancer International Pty Limited, Freelancer Technology Pty Limited, for Court Reporter Marla Knox. (Oliver, Andrew) (Filed on 10/29/2020)
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Filing 53
ORDER DENYING PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION AND GRANTING EXTENSION OF TIME TO ANSWER granting #51 Administrative Motion ; granting #52 Administrative Motion ; granting #52 Motion for Extension of Time to Answer. (Illston, Susan) (Filed on 10/23/2020)
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Filing 52
ADMINISTRATIVE MOTION TO EXTEND TIME TO RESPOND TO THE COMPLAINT BEYOND 30 DAYS filed by Upwork Global, Inc., Upwork Inc.. Responses due by 10/26/2020. (Attachments: #1 Declaration of Brian Focarino in Support, #2 Exhibit A to Declaration of Brian Focarino, #3 Proposed Order)(Ghajar, Bobby) (Filed on 10/22/2020)
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Filing 51
Plaintiffs Miscellaneous Administrative Request for Permission to File a Sur-Sur-Reply in Support of Motion for Preliminary Injunction re #48 Supplemental Brief, re #45 Objection, re #49 Declaration in Support filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. Responses due by 10/23/2020. (Attachments: #1 Exhibit A - Proposed Sur-Sur-Reply, #2 Declaration of Andrew T. Oliver, #3 [Proposed] Order)(Oliver, Andrew) (Filed on 10/19/2020)
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Filing 50
Minute Entry for proceedings held before Judge Susan Illston: Motion for Temporary Restraining Order and Order to Show Cause Why Preliminary Injunction Should Not be Issued #7 Hearing held on 10/16/2020 via Zoom webinar. Total Time in Court: 1 hour. Court Reporter: Marla Knox. Plaintiff Attorney: Andrew Oliver, Michael Ting, Perry Clegg. Defendant Attorney: Bobby Ghajar, John Crittenden, Brian Focarino, Crystal Caldera. (ecS, COURT STAFF) (Date Filed: 10/19/2020)
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Filing 49
Declaration of Bittu Ahlawat in Support of #48 Sur-Reply to Plaintiff's Motion for Preliminary Injunction filed by Upwork Global, Inc., Upwork Inc.. (Related document(s) #48 ) (Ghajar, Bobby) (Filed on 10/8/2020) Modified on 10/9/2020 (gbaS, COURT STAFF).
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Filing 48
Sur-Reply in Opposition to Plaintiffs' Motion for Preliminary Injunction re #38 Response,, #46 Order filed by Upwork Global, Inc., Upwork Inc.. (Related document(s) #38 , #46 ) (Ghajar, Bobby) (Filed on 10/8/2020) Modified on 10/9/2020 (gbaS, COURT STAFF).
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Filing 47
OPPOSITION TO MOTION FOR LEAVE TO FILE SURREPLY re #45 Objection filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited (Attachments: #(1) [Proposed] Order)(Oliver, Andrew) (Filed on 10/6/2020)
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Filing 46
ORDER GRANTING DEFENDANTS' ADMINISTRATIVE MOTION FOR LEAVE TO FILE SUR-REPLY (Illston, Susan) (Filed on 10/6/2020)
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Filing 45
OBJECTIONS to re #43 Notice (Other), #44 Notice (Other), Defendants Objections to Plaintiffs Reply Evidence and Administrative Motion For Leave to File Sur-Reply by Upwork Global, Inc., Upwork Inc.. (Ghajar, Bobby) (Filed on 10/2/2020)
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Filing 44
Declaration of Andrew T. Oliver (Supplemental) by Freelancer International Pty Limited, Freelancer Technology Pty Limited re #43 Reply (Attachments: #1 Exhibits 45-53, #2 Declaration Supplemental Barrie, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Declaration Co, #7 Declaration Dobrinsky, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4)(Oliver, Andrew) (Filed on 9/26/2020) Modified on 9/28/2020 (slhS, COURT STAFF).
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Filing 43
REPLY in Support re #7 Motion for Preliminary Injunction filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited (Attachments: #1 Proposed Order Amended Proposed Order)(Oliver, Andrew) (Filed on 9/25/2020) Modified on 9/28/2020 (slhS, COURT STAFF).
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Filing 42
NOTICE of Appearance by Brian J Focarino (Focarino, Brian) (Filed on 9/23/2020)
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Filing 41
ORDER granting #39 STIPULATION regarding Request to Alter Hearing Date. Motion Hearing re #7 MOTION for Temporary Restraining Order set for 10/16/2020 at 10:00 AM before Judge Susan Illston. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/si Court Appearances: Adv anced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at SICRD@cand.uscourts.gov no later than October 14, 2020 at 5:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 1 0/16/2020 10:00 AM before Judge Susan Illston. Signed by Judge Susan Illston on 9/23/2020. (tvnS, COURT STAFF) (Filed on 9/23/2020)
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Filing 40
Order by Judge Susan Illston granting #33 Motion to Substitute Attorney. Attorneys Meghan Elyse Fenzel and Kathryn J Fritz terminated. (tvnS, COURT STAFF) (Filed on 9/22/2020)
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Filing 39
STIPULATION WITH PROPOSED ORDER regarding Request to Alter Hearing Date filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Oliver, Andrew) (Filed on 9/22/2020)
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Filing 38
Response to Plaintiffs' Motion for TRO and Preliminary Injunction (Docket Entry #7) byUpwork Global, Inc., Upwork Inc.. (Attachments: #1 Declaration of C. Caldera in Support, #2 Exhibit 1 - 22 to Declaration of C. Caldera, #3 Declaration of B. Ahlawat in Support, #4 Exhibit 1 - 7 to Declaration of B. Ahlawat, #5 Declaration of C. Hopkins in Support, #6 Exhibit 1 to Declaration of C. Hopkins, #7 Declaration of L. Edwards in Support)(Ghajar, Bobby) (Filed on 9/18/2020)
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Filing 37
STIPULATION re #1 Complaint, for Extension of Time to Respond to Complaint (30 days) filed by Upwork Global, Inc., Upwork Inc.. (Ghajar, Bobby) (Filed on 9/17/2020)
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Filing 36
NOTICE of Appearance by Crystal Caldera (Caldera, Crystal) (Filed on 9/16/2020)
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Filing 35
NOTICE of Appearance by John W. Crittenden (Crittenden, John) (Filed on 9/16/2020)
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Filing 34
NOTICE of Appearance by Bobby A. Ghajar (Ghajar, Bobby) (Filed on 9/16/2020)
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Filing 33
MOTION to Substitute Attorney and Proposed Order filed by Upwork Global, Inc., Upwork Inc.. (Ghajar, Bobby) (Filed on 9/16/2020) Modified on 9/17/2020 (slhS, COURT STAFF).
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Filing 32
CLERK'S NOTICE Setting Hearing via Zoom Webinar. Motion Hearing set for 10/9/2020 at 10:00 AM before Judge Susan Illston. This proceeding will be held via a Zoom webinar. (This is a text-only entry generated by the court. There is no document associated with this entry.),. Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/ si General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 10/9/2020 10:00 AM before Judge Susan I llston. (tvnS, COURT STAFF) (Filed on 9/9/2020)
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Filing 31
SUMMONS Returned Executed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. Upwork Global, Inc. served on 9/2/2020, answer due 9/23/2020. (Oliver, Andrew) (Filed on 9/9/2020)
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Filing 30
SUMMONS Returned Executed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. Upwork Inc. served on 9/2/2020, answer due 9/23/2020. (Oliver, Andrew) (Filed on 9/9/2020)
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Filing 29
ORDER ORDER DENYING PLAINTIFFS' REQUEST FOR EXPEDITED BRIEFING AND GRANTING IN PART AND DENYING IN PART PLAINTIFFS REQUEST FOR EXPEDITED DISCOVERY granting #6 Motion for Leave to File Excess Pages; denying #7 Motion for TRO; granting in part and denying in part #11 Ex Parte Application ; denying #12 Motion to Shorten Time. (Illston, Susan) (Filed on 9/9/2020)
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Filing 28
REPLY in Support (re #11 Ex Parte Application for Expedited Discovery ) filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Oliver, Andrew) (Filed on 9/8/2020)
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Filing 27
REPLY in Support (re #12 MOTION to Shorten Time for Briefing and Hearing on Plaintiffs' Motion for Preliminary Injunction ) filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit A - correspondence of Sept. 1)(Oliver, Andrew) (Filed on 9/8/2020)
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Filing 26
Certificate of Interested Entities by Upwork Global, Inc., Upwork Inc. identifying Corporate Parent Upwork Inc., Other Affiliate Upwork Global Inc. for Upwork Inc.. (Fritz, Kathryn) (Filed on 9/4/2020)
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Filing 25
OPPOSITION/RESPONSE (re #11 Ex Parte Application for Expedited Discovery ) filed byUpwork Global, Inc., Upwork Inc.. (Attachments: #1 Proposed Order)(Fritz, Kathryn) (Filed on 9/4/2020)
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Filing 24
Declaration of Kathryn J. Fritz in Support of #23 Opposition/Response to Motion, to Shorten Time for Briefing and Hearing on Plaintiffs' Motion for Preliminary Injunction and for Expedited Discovery filed byUpwork Global, Inc., Upwork Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Related document(s) #23 ) (Fritz, Kathryn) (Filed on 9/4/2020)
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Filing 23
OPPOSITION/RESPONSE (re #12 MOTION to Shorten Time for Briefing and Hearing on Plaintiffs' Motion for Preliminary Injunction ) filed byUpwork Global, Inc., Upwork Inc.. (Attachments: #1 Proposed Order)(Fritz, Kathryn) (Filed on 9/4/2020)
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Filing 22
NOTICE of Appearance by Meghan Elyse Fenzel on behalf of defendants (Fenzel, Meghan) (Filed on 9/2/2020)
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Filing 21
NOTICE of Appearance by Kathryn J Fritz on behalf of Upwork (Fritz, Kathryn) (Filed on 9/2/2020)
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Filing 20
ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Susan Illston for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 9/2/2020. (Attachments: #1 Notice of Eligibility for Video Recording)(anjS, COURT STAFF) (Filed on 9/2/2020)
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Filing 19
CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 9/2/2020)
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Filing 18
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Freelancer International Pty Limited, Freelancer Technology Pty Limited.. (Oliver, Andrew) (Filed on 9/1/2020)
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Filing 17
REPORT on the filing of an action regarding trademark (cc: form mailed to register). (Attachments: #1 Complaint & Exhibits)(bnsS, COURT STAFF) (Filed on 9/1/2020)
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Filing 16
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 11/24/2020. Initial Case Management Conference set for 12/1/2020 01:30 PM. Please check online calendar for courtroom assignment. (bnsS, COURT STAFF) (Filed on 9/1/2020)
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Filing 15
CLERK'S NOTICE TO ALL PARTIES Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 9/8/2020. (dtmS, COURT STAFF) (Filed on 9/1/2020)
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Filing 14
Summons Issued as to Upwork Global, Inc., Upwork Inc.. (Attachments: #1 Summons)(bnsS, COURT STAFF) (Filed on 9/1/2020)
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Filing 13
Order by Magistrate Judge Kandis A. Westmore granting #5 Motion for Pro Hac Vice by Perry Clegg.(dtmS, COURT STAFF) (Filed on 9/1/2020)
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Filing 12
MOTION to Shorten Time for Briefing and Hearing on Plaintiffs' Motion for Preliminary Injunction filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Proposed Order, #2 Declaration of Andrew T. Oliver, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3)(Oliver, Andrew) (Filed on 8/31/2020)
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Filing 11
Ex Parte Application for Expedited Discovery filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit A - requests for production, #2 Exhibit B - interrogatories, #3 Exhibit C - requests for admission, #4 Proposed Order)(Oliver, Andrew) (Filed on 8/31/2020)
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Filing 10
Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/14/2020. (anjS, COURT STAFF) (Filed on 8/31/2020)
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Filing 9
Declaration of Andrew T. Oliver in Support of #7 MOTION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Be Issued filed byFreelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41, #42 Exhibit 42, #43 Exhibit 43, #44 Exhibit 44)(Related document(s) #7 ) (Oliver, Andrew) (Filed on 8/31/2020)
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Filing 8
Declaration of Robert Matthew "Matt" Barrie in Support of #7 MOTION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Be Issued filed byFreelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit 1 - Trademark Registration, #2 Exhibit 2 - Freelancer Annual Report, #3 Exhibit 3 - email)(Related document(s) #7 ) (Oliver, Andrew) (Filed on 8/31/2020)
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Filing 7
MOTION for Temporary Restraining Order and for Order to Show Cause Why Preliminary Injunction Should Not Be Issued filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Proposed Order)(Oliver, Andrew) (Filed on 8/31/2020)
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Filing 6
MOTION for Leave to File Excess Pages for Motion for TRO and OSC regarding PI filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Proposed Order)(Oliver, Andrew) (Filed on 8/31/2020)
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Filing 5
MOTION for leave to appear in Pro Hac Vice for Peggy S. Clegg ( Filing fee $ 310, receipt number 0971-14882186.) filed by Freelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Certificate of Good Standing of Perry S. Clegg)(Clegg, Perry) (Filed on 8/31/2020) Modified on 9/1/2020 (bnsS, COURT STAFF).
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Filing 4
NOTICE of Appearance by Michael C. Ting (Ting, Michael) (Filed on 8/31/2020)
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Filing 3
Proposed Summons. (Oliver, Andrew) (Filed on 8/31/2020)
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Filing 2
Proposed Summons. (Oliver, Andrew) (Filed on 8/31/2020)
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Filing 1
COMPLAINT with Jury Demand against All Defendants ( Filing fee $ 400, receipt number 0971-14881534.). Filed byFreelancer International Pty Limited, Freelancer Technology Pty Limited. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Oliver, Andrew) (Filed on 8/31/2020) Modified on 9/1/2020 (bnsS, COURT STAFF).
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