McPherson v. Clearview AI, Inc. et al
| John McPherson |
| Richard Schwartz, Hoan Ton-That, Clearview AI, Inc. and Does 1 through 10 |
| David Mutnick |
| 1:2021cv00170 |
| January 12, 2021 |
| US District Court for the Northern District of Illinois |
| Sharon Johnson Coleman |
| Other Fraud |
| 02 U.S.C. § 431 |
| Plaintiff |
Docket Report
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| Filing 50 MAILED MDL Transfer In Letter to all Counsel of record. (nsf, ) |
| Filing 49 RECEIVED from New York Southern; Case Number 1:20-cv-03053,(nsf) |
| Filing 48 CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Northern District of Illinois. (Signed by MDL Panel on 1/8/2021) (sjo) [Transferred from New York Southern on 1/12/2021.] |
| MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Northern District of Illinois. (sjo) [Transferred from New York Southern on 1/12/2021.] |
| Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 9/9/2020. Decision: Conference held. Proceedings in these six matters are stayed pending a disposition from the Judicial Panel on Multidistrict Litigation. There will be no conference September 16, 2020.Submitted by: Chloe Lewis (Court Reporter Pamela Utter). (mde) [Transferred from New York Southern on 1/12/2021.] |
Filing 47
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Telephone Conference on Wednesday, September 9, 2020 at 10:30 A.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Telephone Conference set for 9/9/2020 at 10:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/18/2020) (mml) [Transferred from New York Southern on 1/12/2021.]
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| Filing 46 MOTION to Transfer Case / Motion of the Clearview Defendants for Transfer of Actions to the Southern District of New York Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That. (Attachments: #1 Brief, #2 Schedule of Actions, #3 Exhibit 1 - Declaration of Richard Schwartz, #4 Exhibit 2 - Declaration of Hoan Ton-That, #5 Proof of Service, #6 ILN 1:20-512, #7 ILN 1:20-846, #8 ILN 1:20-2989, #9 ILN 1:20-3843, #10 NYS 1:20-1296, #11 NYS 1:20-2222, #12 NYS 1:20-3053, #13 NYS 1:20-3104, #14 NYS 1:20-3481, #15 NYS 1:20-3705).(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
| Filing 45 NOTICE OF APPEARANCE by Joel Laurence Kurtzberg on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Kurtzberg, Joel) [Transferred from New York Southern on 1/12/2021.] |
| Filing 44 NOTICE OF APPEARANCE by Floyd Abrams on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Abrams, Floyd) [Transferred from New York Southern on 1/12/2021.] |
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Filing 43
ORDER granting #38 Motion for Aaron M. Olsen to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 6/10/2020). (mde) [Transferred from New York Southern on 1/12/2021.]
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Filing 42
MEMORANDUM DECISION AND ORDER DENYING THE MOTION TO INTERVENE AND TO DISMISS OR, ALTERNATIVELY, TO STAY CASES OR TRANSFER VENUE denying #12 Motion to Intervene. Mutnick's motion for leave to intervene permissively is, therefore, DENIED. This constitutes the decision and order of the Court. It is a written opinion. The Clerk of the Court is directed to remove the motion at Dkt. No. 22 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 5/29/2020) (mml) [Transferred from New York Southern on 1/12/2021.]
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| Filing 41 NOTICE of David Mutnick's Notice of Supplemental Information in Support of Motion to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit Exhibit 1).(Drury, Scott) [Transferred from New York Southern on 1/12/2021.] |
| Filing 40 MEMO ENDORSEMENT on #31 Supplemental Letter granting #29 Letter Motion for Extension of Time to Answer. ENDORSEMENT: Defendants' time to respond to complaints in these actions is adjourned sine die. (Signed by Judge Colleen McMahon on 5/14/2020) (mml) [Transferred from New York Southern on 1/12/2021.] |
| Filing 39 PROPOSED ORDER. Document filed by John McPherson. Related Document Number: #38 ..(Olsen, Aaron) Proposed Order to be reviewed by Clerk's Office staff. [Transferred from New York Southern on 1/12/2021.] |
| Filing 38 MOTION for Aaron M. Olsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19830050. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by John McPherson. (Attachments: #1 Affidavit of Aaron M. Olsen, #2 Exhibit 1 - Certificate of Good Standing).(Olsen, Aaron) [Transferred from New York Southern on 1/12/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Aaron M. Olsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19830050. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. The order was filed separately. (ad) [Transferred from New York Southern on 1/12/2021.] |
| Filing 37 WAIVER OF SERVICE RETURNED EXECUTED. Hoan Ton-That waiver sent on 4/29/2020, answer due 6/29/2020. Document filed by John McPherson..(Olsen, Aaron) [Transferred from New York Southern on 1/12/2021.] |
| Filing 36 WAIVER OF SERVICE RETURNED EXECUTED. Richard Schwartz waiver sent on 4/29/2020, answer due 6/29/2020. Document filed by John McPherson..(Olsen, Aaron) [Transferred from New York Southern on 1/12/2021.] |
| Filing 35 WAIVER OF SERVICE RETURNED EXECUTED. Clearview AI, Inc. waiver sent on 4/29/2020, answer due 6/29/2020. Document filed by John McPherson..(Olsen, Aaron) [Transferred from New York Southern on 1/12/2021.] |
| Filing 34 SUPPLEMENTAL LETTER addressed to Judge Colleen McMahon from Lee Wolosky dated May 12, 2020 re: David Mutnick's May 11, 2020 supplemental filing [Dkt. 33]. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)[Transferred from New York Southern on 1/12/2021.] |
| Filing 33 NOTICE of Supplemental Authority and Factual Information re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Drury, Scott) [Transferred from New York Southern on 1/12/2021.] |
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Filing 32
ORDER granting #25 Motion for Scott Robert Drury to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 5/11/2020). (mde) [Transferred from New York Southern on 1/12/2021.]
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| Filing 31 SUPPLEMENTAL LETTER addressed to Judge Colleen McMahon from Lee Wolosky dated May 11, 2020 re: Motion to Extend Time to File Answer. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
| Filing 30 SUPPLEMENTAL LETTER addressed to Judge Colleen McMahon from Lee Wolosky dated May 5, 2020 re: Motion to Extend Time to File Answer. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
| Filing 29 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Colleen McMahon from Lee Wolosky dated May 4, 2020. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
| Filing 28 DECLARATION of Scott R. Drury in Support re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Drury, Scott) [Transferred from New York Southern on 1/12/2021.] |
| Filing 27 REPLY MEMORANDUM OF LAW in Support re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by David Mutnick..(Drury, Scott) [Transferred from New York Southern on 1/12/2021.] |
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Filing 26
MEMO ENDORSED ORDER granting #24 DAVID MUTNICK'S REQUEST TO FILE REPLY MEMORANDUM EXCEEDING 10 PAGES. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 5/4/2020) (mml) [Transferred from New York Southern on 1/12/2021.]
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| Filing 25 MOTION for Scott Robert Drury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19694777. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Mutnick. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit of Scott R. Drury, #3 Exhibit Exhibit 1 to Affidavit).(Drury, Scott) [Transferred from New York Southern on 1/12/2021.] |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Scott Robert Drury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19694777. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq) [Transferred from New York Southern on 1/12/2021.] |
| Filing 24 LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Karen Newirth dated 05/01/2020. Document filed by David Mutnick..(Newirth, Karen) [Transferred from New York Southern on 1/12/2021.] |
| Filing 23 DECLARATION of Joseph P. Guglielmo in Opposition re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by John McPherson. (Attachments: #1 Exhibit 1 - Burke - Mem ISO Transfer Mot, #2 Exhibit 2 - Roberson - Mem ISO Transfer Mot, #3 Exhibit 3 - Roberson - Mulcaire Decl, #4 Exhibit 4 - Mutnick - Mem ISO Stay Mot, #5 Exhibit 5 - Mutnick - Mem ISO Transfer Mot, #6 Exhibit 6 - Mutnick - Schwartz Decl, #7 Exhibit 7 - Mutnick - Ton-That Decl, #8 Errata 8 - ND ILL - 3d Gen Am Order, #9 Exhibit 9 - BuzzFeed Article, #10 Exhibit 10 - Mutnick - Briefing Schedule).(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
| Filing 22 DECLARATION of Lee S. Wolosky in Opposition re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
| Filing 21 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by John McPherson..(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
| Filing 19 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
| Filing 18 NOTICE OF APPEARANCE by Andrew Joshua Lichtman on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Lichtman, Andrew) [Transferred from New York Southern on 1/12/2021.] |
| Filing 17 NOTICE OF APPEARANCE by Lee Scott Wolosky on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee) [Transferred from New York Southern on 1/12/2021.] |
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Filing 16
ORDER: The plaintiffs are hereby ORDERED to respond to Mutnick's Motion to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue in their respective dockets by 5 PM on April 29, 2020. (Responses due by 4/29/2020.) (Signed by Judge Colleen McMahon on 4/22/2020) (mml) [Transferred from New York Southern on 1/12/2021.]
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| Filing 15 NOTICE OF APPEARANCE by Karen Anne Newirth on behalf of David Mutnick..(Newirth, Karen) [Transferred from New York Southern on 1/12/2021.] |
| Filing 14 DECLARATION of Scott R. Drury in Support re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Newirth, Karen) [Transferred from New York Southern on 1/12/2021.] |
| Filing 13 MEMORANDUM OF LAW in Support re: #12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by David Mutnick..(Newirth, Karen) [Transferred from New York Southern on 1/12/2021.] |
| Filing 12 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. Document filed by David Mutnick..(Newirth, Karen) [Transferred from New York Southern on 1/12/2021.] |
| CASE ACCEPTED AS RELATED. Create association to 1:20-cv-01296-CM. Notice of Assignment to follow. (ad) [Transferred from New York Southern on 1/12/2021.] |
| Magistrate Judge James L. Cott 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. (ad) [Transferred from New York Southern on 1/12/2021.] |
| NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad) [Transferred from New York Southern on 1/12/2021.] |
| Filing 11 CIVIL COVER SHEET filed..(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
| Filing 10 ELECTRONIC SUMMONS ISSUED as to Richard Schwartz..(pne) [Transferred from New York Southern on 1/12/2021.] |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to Hoan Ton-That..(pne) [Transferred from New York Southern on 1/12/2021.] |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Clearview AI, Inc...(pne) [Transferred from New York Southern on 1/12/2021.] |
| Filing 7 NOTICE OF APPEARANCE by Erin Green Comite on behalf of John McPherson..(Comite, Erin) [Transferred from New York Southern on 1/12/2021.] |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) [Transferred from New York Southern on 1/12/2021.] |
| Case Designated ECF. (pne) [Transferred from New York Southern on 1/12/2021.] |
| CASE REFERRED TO Judge Colleen McMahon as possibly related to 20CV1296. (pne) [Transferred from New York Southern on 1/12/2021.] |
| ***NOTICE TO ATTORNEY TO RE-FILE CIVIL COVER SHEET. Notice to Attorney Joseph Peter Guglielmo. Attorney must electronically file the Civil Cover Sheet using the event type Civil Cover Sheet found under the event list Other Documents. (pne) [Transferred from New York Southern on 1/12/2021.] |
| Filing 6 NOTICE OF APPEARANCE by Carey Alexander on behalf of John McPherson..(Alexander, Carey) [Transferred from New York Southern on 1/12/2021.] |
| Filing 5 STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-01296. Document filed by John McPherson..(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Richard Schwartz, re: #1 Complaint. Document filed by John McPherson..(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Hoan Ton-That, re: #1 Complaint. Document filed by John McPherson..(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
| Filing 2 REQUEST FOR ISSUANCE OF SUMMONS as to Clearview AI, Inc., re: #1 Complaint. Document filed by John McPherson..(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
| Filing 1 COMPLAINT against Clearview AI, Inc., Does 1 through 10, Richard Schwartz, Hoan Ton-That. (Filing Fee $ 400.00, Receipt Number ANYSDC-19456553)Document filed by John McPherson. (Attachments: #1 Civil Cover Sheet).(Guglielmo, Joseph) [Transferred from New York Southern on 1/12/2021.] |
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