WHERE TO BUY, LLC v. DATASEMBLY, INC. et al
Plaintiff: Where To Buy, LLC
Defendant: Datasembly, Inc., SPINS LLC and Destini Global LLC
Case Number: 2:2022cv06664
Filed: November 17, 2022
Court: US District Court for the District of New Jersey
Presiding Judge: James B Clark
Referring Judge: Kevin McNulty
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 27, 2023 Opinion or Order Filing 89 TEXT ORDER: Within 14 days, the parties shall, preferably on consent, submit proposals for redaction of confidential information from the opinion filed as docket entry #87 . So Ordered by Judge Kevin McNulty on 7/27/2023. (nic, )
July 27, 2023 Opinion or Order Filing 88 SEALED ORDER. Signed by Judge Kevin McNulty on 7/27/2023. (dam)
July 27, 2023 Opinion or Order Filing 87 SEALED OPINION. Signed by Judge Kevin McNulty on 7/27/2023. (dam)
April 24, 2023 Opinion or Order Filing 86 STIPULATION AND ORDER vacating the December 6, 2022 Order directing jurisdictional discovery. Signed by Judge Kevin McNulty on 4/24/2023. (qa, )
April 24, 2023 Opinion or Order Filing 85 LETTER ORDER adjourning 4/26/2023 telephone conference without a new date. Signed by Magistrate Judge James B. Clark on 4/24/2023. (lag, )
April 21, 2023 Opinion or Order Filing 84 Letter from Kathryn T. Lundy and Daniel I. Goldberg. (LUNDY, KATHRYN)
April 21, 2023 Opinion or Order Filing 83 Letter from Kathryn T. Lundy and Daniel I. Goldberg. (Attachments: #1 Text of Proposed Order Stipulation and Proposed Order)(LUNDY, KATHRYN)
April 5, 2023 Opinion or Order Filing 82 NOTICE of Change of Address by KATHRYN TONDEL LUNDY (LUNDY, KATHRYN)
April 4, 2023 Opinion or Order Filing 81 Transcript of Telephone Conference held on March 22, 2023, before Magistrate Judge James B. Clark. Transcriber: King Transcription Services (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Transcription Agency due, but not filed, by 4/25/2023. Redacted Transcript Deadline set for 5/5/2023. Release of Transcript Restriction set for 7/3/2023. (adc)
March 31, 2023 Opinion or Order Filing 80 Letter re #73 Opinion, 75 Order. (CRISONA, RICHARD)
March 22, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 3/22/2023. (seb)
March 22, 2023 Opinion or Order Filing 79 LETTER ORDER Scheduling a Telephone Conference set for 4/26/2023 at 12:30 PM; Counsel for Defendant SPINS LLC shall initiate the call; Directing the parties to engage in a good faith meet and confer and attempt to narrow the scope of the written discovery issues. If any discrete issues remain after a good faith meet and confer, the parties shall submit a joint letter of ten (10) pages or less outlining their respective positions regarding the same by no later than 4/21/2023. Signed by Magistrate Judge James B. Clark on 3/22/2023. (jd, )
March 21, 2023 Opinion or Order Filing 78 TEXT ORDER: The Court finds the parties' proposed redactions to be overbroad in light of the presumption that all court proceedings are public. A generalized desire to keep a contract secret is not sufficient, where a party has invoked the processes of the court to remedy what it regards as a breach of that very contract. I will nevertheless give the parties ten days to submit letter briefs justifying the proposed redactions, or narrower ones, under Third Circuit law. So Ordered by Judge Kevin McNulty on 3/21/2023. (nic, )
March 14, 2023 Opinion or Order Filing 77 Letter from Plaintiff and Defendants SPINS and Destini re #70 Order,. (GOLDBERG, DANIEL)
March 2, 2023 Opinion or Order Filing 76 LETTER ORDER re #72 Adjourning the Defendant's motion to dismiss. Signed by Judge Kevin McNulty on 3/2/2023. (jd, )
March 2, 2023 Opinion or Order Filing 75 TEXT ORDER: Within 14 days, the parties shall, preferably on consent, submit proposals for redaction of confidential information from the opinion filed as docket entry #73 . So Ordered by Judge Kevin McNulty on 3/2/2023. (nic, )
March 2, 2023 Opinion or Order Filing 74 ORDER denying #2 Plaintiff's Motion for a preliminary injunction against Datasembly, Inc. without prejudice. Signed by Judge Kevin McNulty on 3/2/2023. (jd, )
March 2, 2023 Opinion or Order Filing 73 OPINION. Signed by Judge Kevin McNulty on 3/2/2023. (jd, )
February 26, 2023 Opinion or Order Filing 72 Letter from Daniel I. Goldberg (correction to prior 2-24-23 letter) re Set/Reset Motion and R&R Deadlines/Hearings,. (GOLDBERG, DANIEL)
February 24, 2023 Opinion or Order Filing 71 Letter from Daniel I. Goldberg re Set/Reset Motion and R&R Deadlines/Hearings,. (GOLDBERG, DANIEL)
February 22, 2023 Opinion or Order Filing 70 LETTER ORDER Advising the parties to engage in a good faith meet and confer regarding the written discovery issues set forth in Plaintiff's letter. If any disputes remain, the parties shall submit a joint letter of six (6) pages or less outlining their respective positions regarding the same by no later than 3/14/2023. Signed by Magistrate Judge James B. Clark on 2/22/2023. (jd, )
February 22, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 2/22/2023. (seb)
February 22, 2023 Opinion or Order Filing 69 LETTER ORDER re #68 . Signed by Judge Kevin McNulty on 2/22/2023. (jd, )
February 21, 2023 Opinion or Order Filing 68 Letter from Kathryn T. Lundy. (LUNDY, KATHRYN)
February 17, 2023 Opinion or Order Filing 67 LETTER ORDER Advising the parties that the Court will discuss Plaintiff's #65 letter at the scheduled Telephone Status Conference on 2/22/2023 at 2:00 PM; Counsel for Plaintiff shall initiate the call. Signed by Magistrate Judge James B. Clark on 2/17/2023. (jd, )
February 16, 2023 Opinion or Order Filing 66 Letter from Daniel I. Goldberg. (Attachments: #1 Exhibit)(GOLDBERG, DANIEL)
February 16, 2023 Opinion or Order Filing 65 Letter from Daniel I. Goldberg. (Attachments: #1 Exhibit (A), #2 Exhibit (B))(GOLDBERG, DANIEL)
February 14, 2023 Opinion or Order Set Deadlines as to #57 MOTION to Dismiss the Complaint, and #60 MOTION to Dismiss the First Amended Complaint. Motion set for 3/20/2023 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jd, )
February 10, 2023 Opinion or Order Filing 64 CERTIFICATE OF SERVICE by DATASEMBLY, INC. re #63 Proposed Pretrial Order, #61 Declaration,, #62 Memorandum in Support of Motion,, #60 MOTION to Dismiss the First Amended Complaint (CRISONA, RICHARD)
February 10, 2023 Opinion or Order Filing 63 Proposed Order by DATASEMBLY, INC. re #61 Declaration,, #62 Memorandum in Support of Motion,, #60 MOTION to Dismiss the First Amended Complaint. (CRISONA, RICHARD)
February 10, 2023 Opinion or Order Filing 62 MEMORANDUM in Support filed by DATASEMBLY, INC. re #60 MOTION to Dismiss the First Amended Complaint (CRISONA, RICHARD)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
February 10, 2023 Opinion or Order Filing 61 DECLARATION re #60 MOTION to Dismiss the First Amended Complaint by DATASEMBLY, INC.. (Attachments: #1 Exhibit A)(CRISONA, RICHARD)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
February 10, 2023 Opinion or Order Filing 60 MOTION to Dismiss the First Amended Complaint by DATASEMBLY, INC.. (CRISONA, RICHARD)
February 10, 2023 Opinion or Order Filing 59 Proposed Order by DESTINI GLOBAL LLC, SPINS LLC re #57 MOTION to Dismiss the Complaint. (LUNDY, KATHRYN)
February 10, 2023 Opinion or Order Filing 58 MEMORANDUM in Support filed by DESTINI GLOBAL LLC, SPINS LLC re #57 MOTION to Dismiss the Complaint (LUNDY, KATHRYN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
February 10, 2023 Opinion or Order Filing 57 MOTION to Dismiss the Complaint by DESTINI GLOBAL LLC, SPINS LLC. (LUNDY, KATHRYN)
February 6, 2023 Opinion or Order Filing 56 Discovery Confidentiality Order. Signed by Magistrate Judge James B. Clark on 2/6/2023. (jd, )
February 3, 2023 Opinion or Order Filing 55 RESPONSE in Opposition filed by WHERE TO BUY, LLC re #51 MOTION to Seal (Attachments: #1 Index Index containing material Defendants request to be sealed and Plaintiff's objections, #2 Text of Proposed Order)(GOLDBERG, DANIEL)
February 3, 2023 Opinion or Order Filing 54 Proposed Order Confidentiality Order by DESTINI GLOBAL LLC, SPINS LLC. (LUNDY, KATHRYN)
February 3, 2023 Opinion or Order Filing 53 Proposed Order by DESTINI GLOBAL LLC, SPINS LLC. (LUNDY, KATHRYN)
February 3, 2023 Opinion or Order Filing 52 MEMORANDUM in Support filed by DESTINI GLOBAL LLC, SPINS LLC re #51 MOTION to Seal (LUNDY, KATHRYN)
February 3, 2023 Opinion or Order Filing 51 MOTION to Seal by DESTINI GLOBAL LLC, SPINS LLC. (Attachments: #1 Declaration of Ian Sexton, #2 Declaration of Jesse Kouffman, #3 Exhibit Kouffman Declaration Ex. 1)(LUNDY, KATHRYN)
February 1, 2023 Opinion or Order Minute Entry for proceedings held before Magistrate Judge James B. Clark: Telephone Conference held on 2/1/2023. (seb)
February 1, 2023 Opinion or Order Filing 50 LETTER ORDER Scheduling a Telephone Status Conference on 3/22/2023 at 11:30 AM; Counsel for Plaintiff shall initiate the call. The parties shall submit their discovery confidentiality Order to the Court by 2/3/2023. Signed by Magistrate Judge James B. Clark on 2/1/2023. (jd, )
January 26, 2023 Opinion or Order Filing 49 Letter from D. Goldberg re: Update on Discovery. (GOLDBERG, DANIEL)
January 26, 2023 Opinion or Order Filing 48 Letter from All Parties re: Discovery re #41 Order,, Set Hearings,. (GOLDBERG, DANIEL)
January 25, 2023 Opinion or Order Filing 47 LETTER ORDER Advising that the Telephone Conference set for 2/1/2023 will commence at 12:00 PM instead. Signed by Magistrate Judge James B. Clark on 1/25/2023. (jd, )
January 20, 2023 Opinion or Order Filing 46 MEMORANDUM in Opposition filed by DESTINI GLOBAL LLC, SPINS LLC re #2 MOTION for Temporary Restraining Order (Supplemental Memorandum in Opposition) (LUNDY, KATHRYN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
January 20, 2023 Opinion or Order Filing 45 DECLARATION of Jesse Kouffman re #2 MOTION for Temporary Restraining Order by DESTINI GLOBAL LLC, SPINS LLC. (Attachments: #1 Exhibit A)(LUNDY, KATHRYN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
January 20, 2023 Opinion or Order Filing 44 REPLY BRIEF to Opposition to Motion filed by DATASEMBLY, INC. re #2 MOTION for Temporary Restraining Order -- Defendant Datasembly, Inc.'s Sur-Reply Memorandum of Law in Further Opposition to Plaintiff's Motion for a Preliminary Injunction (CRISONA, RICHARD)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
January 12, 2023 Opinion or Order Filing 43 LETTER ORDER granting #42 Defendant's Letter requesting an extension of time to answer, move, or otherwise respond to the Amended Complaint. Signed by Magistrate Judge James B. Clark on 1/12/2023. (jd, )
January 12, 2023 Opinion or Order Answer Due Deadline reset to 2/10/2023 for Defendants SPINS LLC, DATASEMBLY, INC., DESTINI GLOBAL LLC. (jd, )
January 11, 2023 Opinion or Order Filing 42 Letter from from Richard L. Crisona requesting an extension for all defendants to answer Plaintiff's Amended Complaint until February 10, 2023. re #34 Amended Complaint. (CRISONA, RICHARD)
January 11, 2023 Opinion or Order Filing 41 LETTER ORDER Scheduling a Telephone Status Conference set for 2/1/2023 at 3:00 PM; The Parties shall submit a joint letter of three (3) pages or less setting forth the current status of the jurisdictional discovery along with any issues to be discussed during the conference, by no later than 1/26/2023. Counsel for Plaintiff shall initiate the call. Signed by Magistrate Judge James B. Clark on 1/11/2023. (jd, )
January 10, 2023 Opinion or Order Filing 40 Letter from D. Goldberg requesting discovery conference re #21 Show Cause Hearing,. (Attachments: #1 Exhibit)(GOLDBERG, DANIEL)
December 22, 2022 Opinion or Order Filing 39 PROCEDURAL ORDER authorizing Defendants to submit such papers as they may deem appropriate in further response to Plaintiffs application for injunctive relief by 1/20/2023. Signed by Judge Kevin McNulty on 12/22/2022. (mxw)
December 21, 2022 Opinion or Order Filing 38 Letter from Daniel I. Goldberg responding to Defendants' Objection to WTB's Dkt. 35 filing re #36 Letter, #37 Letter. (GOLDBERG, DANIEL)
December 21, 2022 Opinion or Order Filing 37 Letter re #35 Reply to Response to Motion,,,, #34 Amended Complaint. (CRISONA, RICHARD)
December 21, 2022 Opinion or Order Filing 36 Letter from Kathryn T. Lundy re #35 Reply to Response to Motion,,,, #34 Amended Complaint. (LUNDY, KATHRYN)
December 20, 2022 Opinion or Order Filing 35 REPLY to Response to Motion filed by WHERE TO BUY, LLC re #2 MOTION for Temporary Restraining Order (Attachments: #1 Declaration of Brian Hack, #2 Exhibit "A" E-mails and attachment re terms of MSA, #3 Exhibit "B" Destini Pre-DA Sales Deck, #4 Exhibit "C" Destini May 2020 and January 2022 Proposal, #5 Exhibit "D" Spins Daybreak, #6 Exhibit "E" Evolution of Destini Website, #7 Exhibit "F" DA 2nd Quarter 2022 Product Coverage, #8 Exhibit "G" Updated Destini Website, #9 Exhibit "H" March-April 2021 E-mails with DA re SPINS, #10 Exhibit "I" Roots e-mail exchange, #11 Exhibit "J" Destini-Veyl Ventures Proposal)(GOLDBERG, DANIEL)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
December 20, 2022 Opinion or Order Filing 34 AMENDED COMPLAINT against DATASEMBLY, INC., DESTINI GLOBAL LLC, SPINS LLC, filed by WHERE TO BUY, LLC. (Attachments: #1 Exhibit MSA)(GOLDBERG, DANIEL)
December 15, 2022 Opinion or Order Filing 32 LETTER ORDER granting #30 Plaintiff's Letter requesting an extension of time to file a Reply until 12/20/2022. Signed by Judge Kevin McNulty on 12/15/2022. (jd, )
December 14, 2022 Opinion or Order Pro Hac Vice counsel, ALEXANDER A. PABON and MATTHEW J. O'HARA, have been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jd, )
December 14, 2022 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The LETTERS #29 and #30 filed by DANIEL I. GOLDBERG on 12/13/2022 appear to be duplicate filings and were also submitted incorrectly as a Motion. For future reference please submit entries such as these using the "LETTER" event, which can be found under Civil, Other documents. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (jd, )
December 13, 2022 Opinion or Order Filing 31 Transcript of Show Cause Hearing held on December 6, 2022, before Judge Kevin McNulty. Court Reporter: Laurie Engemann (973-776-7714). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter due, but not filed, by 1/3/2023. Redacted Transcript Deadline set for 1/13/2023. Release of Transcript Restriction set for 3/13/2023. (adc)
December 13, 2022 Opinion or Order Filing 30 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order (correcting prior letter request) by WHERE TO BUY, LLC. (GOLDBERG, DANIEL)
December 13, 2022 Opinion or Order Filing 29 MOTION for Extension of Time to File Response/Reply as to #2 MOTION for Temporary Restraining Order by WHERE TO BUY, LLC. (GOLDBERG, DANIEL)
December 13, 2022 Opinion or Order Filing 28 Notice of Request by Pro Hac Vice Alexander A. Pabon to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13894064.) (LUNDY, KATHRYN)
December 13, 2022 Opinion or Order Filing 27 Notice of Request by Pro Hac Vice Matthew J. O'Hara to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13894046.) (LUNDY, KATHRYN)
December 13, 2022 Opinion or Order Pro Hac Vice counsel, DYLAN SMITH, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jd, )
December 12, 2022 Opinion or Order Filing 26 Notice of Request by Pro Hac Vice Dylan Smith to receive Notices of Electronic Filings. ( Pro Hac Vice fee $ 150 receipt number ANJDC-13891174.) (LUNDY, KATHRYN)
December 12, 2022 Opinion or Order Filing 25 ORDER granting #24 Motion for Leave to Appear Pro Hac Vice Counsel as to DYLAN SMITH. Signed by Magistrate Judge James B. Clark on 12/12/2022. (jd, )
December 12, 2022 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - Please be advised that the #22 and #23 Request for Electronic Notification of Pro Hac Vice Counsel submitted by KATHRYN LUNDY, on 12/8/2022 cannot be processed until pro hac counsel has submitted the application fee. Please review the Electronic Notification for Pro Hac Vice instructions on our website. Counsel is advised to resubmit the Request for Electronic Notification of Pro Hac Vice Counsel and submit record of payment. In the alternative if Counsel wishes to submit payment via the phone they may do so by contacting the Courts Finance Department. This message is for informational purposes only and will remain on the docket unless otherwise Ordered by the Court. (jd, ) Modified on 12/13/2022 (jd, ).
December 12, 2022 Opinion or Order Set Deadlines as to #24 MOTION for Leave to Appear Pro Hac Vice. Motion set for 1/3/2023 before Magistrate Judge James B. Clark. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jd, )
December 9, 2022 Opinion or Order Filing 24 MOTION for Leave to Appear Pro Hac Vice by DESTINI GLOBAL LLC, SPINS LLC. (Attachments: #1 Declaration of Kathryn T. Lundy in Support of Pro Hac Vice Admission, #2 Certification of Dylan Smith in Support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order for Admission Pro Hac Vice)(LUNDY, KATHRYN)
December 8, 2022 Opinion or Order Filing 23 Notice of Request by Pro Hac Vice Alexander A. Pabon to receive Notices of Electronic Filings. (LUNDY, KATHRYN)
December 8, 2022 Opinion or Order Filing 22 Notice of Request by Pro Hac Vice Matthew J. O'Hara to receive Notices of Electronic Filings. (LUNDY, KATHRYN)
December 7, 2022 Opinion or Order Pro Hac Vice counsel, DAVID A. BERGER and CHARLES S. WELCOME, has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (jd, )
December 7, 2022 Opinion or Order Pro Hac Vice fee: $300.00, receipt number NEW47531 as to David A. Berger and Charles S. Welcome. (ps)
December 6, 2022 Opinion or Order Filing 21 Minute Entry for proceedings held before Judge Kevin McNulty: Show Cause Hearing held on 12/6/2022. Ordered parties to confer and schedule a conference with Magistrate Judge. Decision Reserved. (Court Reporter, Laurie Engemann (973-776-7714)) (nic, )
December 6, 2022 Opinion or Order Filing 20 CERTIFICATE OF SERVICE by DESTINI GLOBAL LLC, SPINS LLC re #18 Brief in Opposition to Motion,,, (LUNDY, KATHRYN)
December 5, 2022 Opinion or Order Filing 19 Minute Entry for proceedings held before Judge Kevin McNulty: Telephone Conference held on 12/5/2022. (Court Reporter, Laurie Engemann (973-776-7714)) (nic, ) (Main Document 19 replaced on 12/13/2022) (nic).
December 5, 2022 Opinion or Order Filing 18 BRIEF in Opposition filed by DESTINI GLOBAL LLC, SPINS LLC re #2 MOTION for Temporary Restraining Order DEFENDANTS SPINS LLC AND DESTINI GLOBAL LLCS MEMORANDUM IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION (Attachments: #1 Declaration Declaration of Jesse Kouffman, #2 Exhibit Exhibit A to Kouffman Declaration, #3 Declaration Declaration of Erica Shearn)(LUNDY, KATHRYN)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
December 5, 2022 Opinion or Order Filing 17 MEMORANDUM in Opposition filed by DATASEMBLY, INC. re #2 MOTION for Temporary Restraining Order (Attachments: #1 Declaration of Ian Sexton, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(CRISONA, RICHARD)NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
December 2, 2022 Opinion or Order Filing 16 Corporate Disclosure Statement by DATASEMBLY, INC. identifying None as Corporate Parent.. (CRISONA, RICHARD)
December 2, 2022 Opinion or Order CLERK'S QUALITY CONTROL MESSAGE - The 7.1 Corporate Disclosure Statement filed by D. GOLDBERG on 12/1/2022 was submitted incorrectly as Notice (Other). Please resubmit the 7.1 Disclosure Statement using the event "Corporate Disclosure Statement" which can be found under Civil, Other filings, Other documents. This submission will remain on the docket unless otherwise ordered by the court. (jd, )
December 1, 2022 Opinion or Order Filing 33 Corporate Disclosure Statement by WHERE TO BUY, LLC. (dam)
December 1, 2022 Opinion or Order Filing 15 AFFIDAVIT of Service for Summons, Complaint, Order to Show Cause, Declaration and Exhibits and Memo of Law served on Datasembly, Inc; SPINS LLC and Destini Global LLC on 11/18/22, filed by WHERE TO BUY, LLC. (GOLDBERG, DANIEL)
December 1, 2022 Opinion or Order Filing 14 NOTICE by WHERE TO BUY, LLC FRCP 7.1 Disclosure (GOLDBERG, DANIEL)
December 1, 2022 Opinion or Order Filing 13 Notice of Request by Pro Hac Vice Charles S. Welcome to receive Notices of Electronic Filings. (CRISONA, RICHARD)
December 1, 2022 Opinion or Order Filing 12 Notice of Request by Pro Hac Vice David A. Berger to receive Notices of Electronic Filings. (CRISONA, RICHARD)
December 1, 2022 Opinion or Order Filing 11 ORDER granting #8 Motion for Leave to Appear Pro Hac Vice as to Attorneys MATTHEW J. O'HARA and ALEXANDER A. PABON. Signed by Magistrate Judge James B. Clark on 12/1/2022. (jd, )
December 1, 2022 Opinion or Order Filing 10 ORDER granting #9 Motion for Leave to Appear Pro Hac Vice as to Attorneys DAVID A. BERGER and CHARLES S. WELCOME. Signed by Magistrate Judge James B. Clark on 12/1/2022. (jd, )
December 1, 2022 Opinion or Order Setting Hearing: Telephone Conference set for 12/5/2022 3:30 PM before Judge Kevin McNulty. (nic, )
November 30, 2022 Opinion or Order Filing 9 Consent MOTION for Leave to Appear Pro Hac Vice by DATASEMBLY, INC.. (Attachments: #1 Certification and Application of David A. Berger in Support of Motion for Admission Pro Hac Vice, #2 Certification and Application of Charles S. Welcome in Support of Motion for Admission Pro Hac Vice, #3 Text of Proposed Order [Proposed] Order, #4 Certificate of Service)(CRISONA, RICHARD)
November 30, 2022 Opinion or Order Filing 8 MOTION for Leave to Appear Pro Hac Vice by DESTINI GLOBAL LLC, SPINS LLC. (Attachments: #1 Declaration DECLARATION OF KATHRYN T. LUNDY IN SUPPORT OF PRO HAC VICE ADMISSION, #2 Certification CERTIFICATION OF MATTHEW J. OHARA IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #3 Certification CERTIFICATION OF ALEXANDER A. PABON IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #4 Text of Proposed Order [PROPOSED] ORDER FOR ADMISSION PRO HAC VICE)(LUNDY, KATHRYN)
November 29, 2022 Opinion or Order Filing 7 NOTICE of Appearance by RICHARD L. CRISONA on behalf of DATASEMBLY, INC. (CRISONA, RICHARD)
November 29, 2022 Opinion or Order Filing 6 Corporate Disclosure Statement by DESTINI GLOBAL LLC, SPINS LLC identifying No Corporate Parent as Corporate Parent.. (LUNDY, KATHRYN)
November 29, 2022 Opinion or Order Filing 5 NOTICE of Appearance by KATHRYN TONDEL LUNDY on behalf of DESTINI GLOBAL LLC, SPINS LLC (LUNDY, KATHRYN)
November 18, 2022 Opinion or Order Filing 4 ORDER TO SHOW CAUSE Scheduling a Show Cause Hearing set for 12/6/2022, at 2:00 PM in Newark U.S. Post Office & Courthouse, Federal Square - Courtroom 4. Defendants shall be served on or before 11/21/2022 at 5 P.M.; and Opposing papers, if any, shall be served on or before 12/5/2022 at 12:00 P.M.. Signed by Judge Kevin McNulty on 11/18/2022. (jd, )
November 18, 2022 Opinion or Order Filing 3 SUMMONS ISSUED as to DATASEMBLY, INC., DESTINI GLOBAL LLC, SPINS LLC. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jd, )
November 18, 2022 Opinion or Order Filing fee: $ 402.00, receipt number NEW047431. (jd, )
November 18, 2022 Opinion or Order COMPLAINT see #1 against DATASEMBLY, INC., DESTINI GLOBAL LLC, SPINS LLC ( Filing and Admin fee $ 402 receipt number NEW047431) with JURY DEMAND, filed by WHERE TO BUY, LLC.(jd, )
November 18, 2022 Opinion or Order Set Deadlines as to #2 MOTION for Temporary Restraining Order. Motion set for 12/19/2022 before Judge Kevin McNulty. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jd, )
November 17, 2022 Opinion or Order Filing 2 MOTION for Temporary Restraining Order by WHERE TO BUY, LLC. (Attachments: #1 Declaration of BRIAN HACK, #2 Exhibit A - M, #3 Text of Proposed Order)(jd, ) (Received via the Help Desk) NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court. Modified on 11/18/2022 (jd, ).
November 17, 2022 Opinion or Order Filing 1 Complaint Received. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A)(jd, ) (Additional attachment(s) added on 11/18/2022: #3 Memorandum of Law in Support of PI and TRO) (jd, ). Modified on 11/18/2022 (jd, ). (Received via the Help Desk) NOTICE TO COUNSEL: Counsel is advised that pursuant to Local Civil Rule 5.3(c)(2), a single, consolidated motion to seal shall be filed within 14 days following the completed briefing of the materials sought to be sealed, or within 14 days following the date on which the last of such materials was filed under temporary seal if the motion is resolved, unless otherwise directed by the Court.
November 17, 2022 Opinion or Order Case Assigned to Judge Kevin McNulty and Magistrate Judge James B. Clark. (ak, )

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Search for this case: WHERE TO BUY, LLC v. DATASEMBLY, INC. et al
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Plaintiff: Where To Buy, LLC
Represented By: DANIEL I. GOLDBERG
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Defendant: Datasembly, Inc.
Represented By: RICHARD L. CRISONA
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Defendant: SPINS LLC
Represented By: KATHRYN TONDEL LUNDY
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Defendant: Destini Global LLC
Represented By: KATHRYN TONDEL LUNDY
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