Gill v. JUS Broadcasting Corp. et al
| Kashmir Gill |
| Penny Sandhu, Jus Punjabi, LLC, Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd and Jus One, Corp. |
| 1:2019cv04216 |
| July 19, 2019 |
| US District Court for the Eastern District of New York |
| I Leo Glasser |
| Peggy Kuo |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Defendant |
Docket Report
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| Filing 138 Letter Joint Status Letter by Kashmir Gill (Ackerman, Alan) Modified on 8/15/2022 to reflect this is a motion for extension of time to complete discovery (O'Neil-Berven, Ryan). |
ORDER granting #138 Motion for Extension of Time to Complete Discovery. The deadline for the parties to file a joint status report certifying the close of fact discovery and indicating whether expert discovery will be needed is extended to October 14, 2022. Ordered by Magistrate Judge Peggy Kuo on 8/15/2022. (O'Neil-Berven, Ryan)
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Filing 137
ORDER: The proposed deposition schedule filed at #136 is so-ordered. The deadline for the parties to file a joint status report certifying the close of fact discovery and indicating whether expert discovery will be needed is extended sua sponte to August 15, 2022. Ordered by Magistrate Judge Peggy Kuo on 6/24/2022. (O'Neil-Berven, Ryan)
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| Filing 136 STATUS REPORT Setting Deposition Dates for Parties by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
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ORDER: Pursuant to the Order entered on June 9, 2022, the parties were directed to file a joint status report by June 17, 2022 setting forth the dates on which all depositions are scheduled to be conducted. The parties are directed to file the outstanding status report no later than June 24, 2022. Ordered by Magistrate Judge Peggy Kuo on 6/21/2022. (O'Neil-Berven, Ryan)
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ORDER granting #135 Motion for Extension of Time to Complete Discovery. The deadline for the parties to file a joint status report certifying the close of fact discovery and indicating whether expert discovery will be needed is extended to August 9, 2022. Ordered by Magistrate Judge Peggy Kuo on 6/9/2022. (O'Neil-Berven, Ryan)
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ORDER: The parties are directed to file a joint status report by June 17, 2022 setting forth the dates on which all depositions are scheduled to be conducted. Ordered by Magistrate Judge Peggy Kuo on 6/9/2022. (O'Neil-Berven, Ryan)
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| Filing 135 Letter Joint Status Report by Kashmir Gill (Ackerman, Alan) Modified on 6/9/2022 to add motion for extension of time to complete discovery (O'Neil-Berven, Ryan). |
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ORDER: The parties are directed to file a joint status report certifying the close of fact discovery by June 8, 2022. Ordered by Magistrate Judge Peggy Kuo on 1/7/2022. (O'Neil-Berven, Ryan)
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| Filing 134 STATUS REPORT Joint Status Report by Kashmir Gill (Ackerman, Alan) |
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ORDER: Plaintiff's Motion for Attorneys' Fees #108 is denied. The requested fees were incurred from October 2, 2020 to October 30, 2020 and cover work by Plaintiff's counsel on the motion to compel #98 filed on October 2, 2020, the declaration requested by the Court attaching the disputed discovery requests and responses #99 , and preparation for and attendance at the conference with the Court on October 14, 2020. During the 80-minute conference on October 14, 2020, and a subsequent lengthy conference on November 8, 2020, the Court helped the parties clarify and narrow the requests and directed further responses. Although Defendants' written responses were not clear as to their scope and thoroughness, neither were Plaintiff's requests sufficiently clear that Defendants could be faulted for deficiencies in responding. Accordingly, the Court does not find that the motion to compel was clearly granted or denied under Federal Rule of Civil Procedure 37 in a manner that warrants the award of attorneys' fees. Ordered by Magistrate Judge Peggy Kuo on 12/28/2021. (Tran, Tammy)
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ORDER: Based on the dates proposed by the parties in the joint status report filed at #133 , the Court orders that depositions of parties and non-parties begin by January 10, 2022 and be completed by April 15, 2022. The depositions of experts are to commence by May 1, 2022 and be completed by June 1, 2022. The parties are directed to file a joint status report by January 5, 2022 certifying the completion of paper discovery and raising any issues which need to be addressed. Ordered by Magistrate Judge Peggy Kuo on 10/25/2021. (O'Neil-Berven, Ryan)
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| Filing 133 STATUS REPORT JOINT PURSUANT TO ORDER ENTERED OCTOBER 15, 2021 by Kashmir Gill (Ackerman, Alan) |
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Filing 132
MEMORANDUM AND ORDER: For the reasons set forth above, Defendants' objections to the Magistrate Judge's denial of their motion to disqualify are OVERRULED and their motion to disqualify the Magistrate Judge is DENIED. The Court advises Plaintiff, Defendants, and their counsel in the strongest possible terms to meet their obligations as litigants in this court, to heed the warnings of the Magistrate Judge, and comply with her orders to the letter. Failure to do so will result in sanctions. Ordered by Judge I. Leo Glasser on 10/14/2021. (O'Brien, Matthew)
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ORDER: The parties are ordered to file a joint status report, no later than October 22, 2021, providing a summary of all outstanding discovery matters, including any disputes which require the Court's intervention. If the parties are prepared to conduct depositions, the report should also include an agreed-upon schedule for such depositions. Ordered by Magistrate Judge Peggy Kuo on 10/15/2021. (O'Neil-Berven, Ryan)
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| Filing 131 REPLY in Support re #130 Reply in Opposition, #129 Order on Motion for Recusal of Plaintiff's response to Defendants' Opposition filed by Kashmir Gill. (Ackerman, Alan) |
| Filing 130 REPLY in Opposition re #129 Order on Motion for Recusal filed by All Defendants. (Batista, Paul) |
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Filing 129
ORDER: For the reasons stated in the attached Order, Defendants' #119 Motion for Disqualification is denied. Ordered by Magistrate Judge Peggy Kuo on 9/13/2021 (Tran, Tammy)
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| Filing 128 TRANSCRIPT of Proceedings held on April 22, 2021, before Judge Kuo. Court Reporter/Transcriber Transcriptions Plus II, Inc. Email address: rl.transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/27/2021. Redacted Transcript Deadline set for 9/6/2021. Release of Transcript Restriction set for 11/4/2021. (Hong, Loan) |
| Filing 127 TRANSCRIPT of Proceedings held on November 5, 2020, before Judge Kuo. Court Reporter/Transcriber Transcriptions Plus II, Inc. Email address: rl.transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 8/27/2021. Redacted Transcript Deadline set for 9/6/2021. Release of Transcript Restriction set for 11/4/2021. (Hong, Loan) |
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ORDER: In the #125 Declaration of Penny Sandhu, Defendant Sandhu stated that she "ran the key word search terms through the emails extracted by 'Outlook' involving emails exchanged between penny@jusbroadcasting.com and kashmirgill@jusbroadcasting.com." This is contrary to the Court's order that a search for responsive documents in the penny@jusbroadcasting.com mailbox be conducted of all the emails in penny@jusbroadcasting.com, not limited to those to or from kashmirgill@jusbroadcasting.com. Thus, the agreed-upon search terms must be run through the entirety of the penny@jusbroadcasting.com emails produced by Google, without regard to the sender or recipient of those emails.Defendants are ordered to produce all emails contained in the penny@jusbroadcasting.com mailbox in which the agreed-upon search terms appear, subject only to privilege review by counsel. The Court denies Plaintiff's request to appoint a third party to "cull" the emails, without prejudice to renew if problems with production persist. (Dkt. [120-1] at 5.) Defendants are reminded that failure to comply with this Court's orders and their other discovery obligations may result in sanctions pursuant to Federal Rule of Civil Procedure 37, including striking the Answer. Ordered by Magistrate Judge Peggy Kuo on 7/28/2021. (Tran, Tammy)
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| Filing 126 REPLY in Support re #120 MOTION for Discovery (NOTICE OF CROSS MOTION DENYING DEFENDANTS MOTION FOR THE RECUSAL OF MAGISTRATE JUDGE PEGGY KUO, U.S.M.J., COMPELLING COMPLIANCE WITH THIS COURTS PRIOR DISCOVERY ORDERS, AND ADOPTING A PROTOCOL TO CULL THE GOOGLE EMAILS) filed by Kashmir Gill. (Ackerman, Alan) |
| Filing 125 DECLARATION re Set Deadlines,,,,,,,,,,,,,, by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
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ORDER: In its Minute Order of April 25, 2021, the Court ordered Defendants to do the following: "Upon receipt of these emails from Google, Defendants must run agreed-upon search terms against those emails, and produce the emails that are responsive and not privileged to Plaintiff no later than May 31, 2021." These emails were NOT to be limited to those between Penny Sandhu and Plaintiff. There is also no mention of any "culling" process. The emails were simply to have search terms run through them, and all the emails in which those key words appear were to be produced, absent any emails which were deemed by counsel to be subject to a specific form of privilege. There was to be no further search, manual or electronic, for relevance or responsiveness.As the Court stated during the January 14, 2021 conference call, "there was the issue of Ms. Sandhu being concerned that the entirety of her emails were being produced to Mr. Gill and she didn't think that was proper. So the solution we came up with was that the results of the request to Google would go to Ms. Sandhu and Mr. Batista for safekeeping, and that they would be the ones who would run the key word search. So in other words, the production request to Google was not to be limited. Google would simply pull all the emails from Ms. Sandhu's email account, account or accounts, I don't remember now if it was more than one, and all of that information would be given to Mr. Batista and that the defendants would run some agreed upon key word searches and then produce those results. Am I wrong about that, Mr. Ackerman?MR. ACKERMAN: No, you're correct, your Honor.THE COURT: Okay. So then that's how it should go. Mr. Batista, is that your recollection as well?MR. BATISTA: That's exactly correct.THE COURT: Okay. So then do that and don't argue about limiting the search term[,] the search requests to Google. The Google requests will be broad. So as a service provider, they'll give you everything that you ask for and then the defendants will run the key word searches and then turn over all the responsive results." (Transcript of January 14, 2021 conference [Dkt. 107] at 6:19-7:20.) Before the Court can rule on Plaintiff's cross-motion #120 for the Court to "adopt a protocol to cull the Google emails, including appointing a neutral individual to perform the process at Defendants' sole cost," [120-1 at 5], Defendants must provide written details for the culling process they used to determine which emails were included in the production to Plaintiff. Defendants must state, at a minimum, (1) their methodology for running the key word search terms (whether it was done manually with each key word or whether a particular program or application was used), (2) whether they limited production based on the sender or recipient of emails, (3) whether they omitted certain types or categories of emails, (4) whether they used any criteria other than the agreed-upon key word search terms to "cull" the emails (and if so, what those criteria were and how they were implemented), and (5) whether they have withheld any emails based on privilege. If any emails have been withheld on the basis of privilege, a privilege log must be produced detailing which emails have been withheld and why. This supplemental filing must be filed no later than July 14, 2021. Ordered by Magistrate Judge Peggy Kuo on 7/6/2021. (Tran, Tammy)
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| Filing 124 REPLY to Response to Motion re #120 MOTION for Discovery (NOTICE OF CROSS MOTION DENYING DEFENDANTS MOTION FOR THE RECUSAL OF MAGISTRATE JUDGE PEGGY KUO, U.S.M.J., COMPELLING COMPLIANCE WITH THIS COURTS PRIOR DISCOVERY ORDERS, AND ADOPTING A PROTOCOL TO CULL THE GOOGLE EMAILS) filed by Kashmir Gill. (Attachments: #1 Exhibit Plaintiff's Exhibit "A", #2 Exhibit Plaintiff's Exhibit "B", #3 Exhibit Plaintiff's Exhibit "C", #4 Exhibit Plaintiff's Exhibit "D", #5 Exhibit Plaintiff's Exhibit "E", #6 Exhibit Plaintiff's Exhibit "F") (Ackerman, Alan) |
| Filing 123 AFFIDAVIT/DECLARATION in Opposition re #120 MOTION for Discovery (NOTICE OF CROSS MOTION DENYING DEFENDANTS MOTION FOR THE RECUSAL OF MAGISTRATE JUDGE PEGGY KUO, U.S.M.J., COMPELLING COMPLIANCE WITH THIS COURTS PRIOR DISCOVERY ORDERS, AND ADOPTING A PROTOCOL TO CULL THE GOOGLE EMAILS) filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Filing 122 AFFIDAVIT/DECLARATION in Opposition re #120 MOTION for Discovery (NOTICE OF CROSS MOTION DENYING DEFENDANTS MOTION FOR THE RECUSAL OF MAGISTRATE JUDGE PEGGY KUO, U.S.M.J., COMPELLING COMPLIANCE WITH THIS COURTS PRIOR DISCOVERY ORDERS, AND ADOPTING A PROTOCOL TO CULL THE GOOGLE EMAILS) filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Filing 121 MEMORANDUM in Support re #119 Notice(Other), , REPLY in Support re #119 Notice(Other), filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
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ORDER: The deadline for Defendants to file a response, if any, to the #120 Motion for Discovery regarding protocol to cull the google e-mails is June 21, 2021. Ordered by Magistrate Judge Peggy Kuo on 6/14/2021. (O'Neil-Berven, Ryan)
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| Filing 120 MOTION for Discovery (NOTICE OF CROSS MOTION DENYING DEFENDANTS MOTION FOR THE RECUSAL OF MAGISTRATE JUDGE PEGGY KUO, U.S.M.J., COMPELLING COMPLIANCE WITH THIS COURTS PRIOR DISCOVERY ORDERS, AND ADOPTING A PROTOCOL TO CULL THE GOOGLE EMAILS) by Kashmir Gill. (Attachments: #1 legal memorandum, #2 Declaration of Alan R. Ackerman, Esq., #3 Exhibit A to Ackerman's Declaration, #4 Exhibit B to Ackerman's Declaration, #5 Exhibit C to Ackerman's Declaration, #6 Exhibit D to Ackerman's Declaration, #7 Exhibit E to Ackerman's Declaration, #8 Exhibit F to Ackerman's Declaration) (Ackerman, Alan) |
| Filing 119 NOTICE by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu Pursuant to 28 U.S.C. 455 for Disqualification of Magistrate Judge Peggy Kuo (Attachments: #1 Memorandum in Support of Motion to Disqualify, #2 Declaration in Support of Motion, #3 Declaration in Support of Motion) (Batista, Paul) Modified on 9/13/2021 to reflect this is a motion for recusal (O'Neil-Berven, Ryan). |
| Filing 118 DECLARATION re #111 Order on Motion to Compel,,,,,,,,,,,,,,, Motion Hearing,,,,,,,,,,,,,, of Non-Party Google LLC by Kashmir Gill (Ackerman, Alan) |
| Filing 117 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
| Filing 116 Letter to Google as mandated by April 25, 2021 Order by Penny Sandhu (Batista, Paul) |
| Filing 115 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
| Filing 114 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
| Filing 113 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
| Filing 112 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
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ORDER: Defendants filed a letter at #113 stating that they are unable to locate the Courts orders to Google. Defendants are directed to click on the attachments of the April 11, 2021 minute entries. The Order Regarding Production of Documents is included as the main document at #111 and the Order Regarding Non-Production of Documents is included as the attachment at [111-1]. If counsel is still unable to access those documents, he is ordered to contact the Clerk's Office for technical assistance immediately. Defendants' counsel is not relieved of his obligation to send the attached orders to Google with a copy of this minute entry no later than April 28, 2021. Ms. Sandhu must still send her email from penny@jusbroadcasting.com to google-legalsupport@google.com pursuant to the Order Regarding Production of Documents by April 28, 2021.Mr. Batista's letter at #112 states that he misspoke during the conference and that he mailed Mr. Ackerman the additional supplemental response to Plaintiff's interrogatories and Ms. Sandhu's signature page on November 18, 2020. Counsel are ordered to confer regarding whether Plaintiff still has an issue with Defendants' full compliance with the Courts order of January 14, 2021. Ordered by Magistrate Judge Peggy Kuo on 4/27/2021. (Tran, Tammy)
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| Filing 111 MINUTE ENTRY: Telephone Motion Hearing held on April 22, 2021 before Magistrate Judge Peggy Kuo. Attorney Alan R. Ackerman appeared on behalf of Plaintiff. Attorney Paul A. Batista appeared on behalf of Defendants. Individual Defendant Penny Sandhu was also present. The parties were heard on the #108 Joint Motion to Compel Compliance with Prior Court Orders, #109 and #110 . The Court admonished the parties for failing to comply with the Court's January 14, 2021 Order with regard to emails from Google. While Defendant Penny Sandhu appropriately sent a letter dated January 28, 2021 to Google requesting release of all emails from 2011 to or from penny@jusbroadcasting.com and information for the release of emails to and from kashmirgill@jusbroadcasting.com, Defense counsel later mischaracterized the scope of the Court's order in his letter to Google on March 11, 2021, see #109 at 9-11, and failed to work cooperatively with Google and opposing counsel to obtain the ordered emails. Plaintiff's counsel also has failed to engage in a problem-solving manner with Google and opposing counsel to address Google's statement that it does not have any emails related to kashmirgill@jusbroadcasting.com and Google's statement that it will not produce a duplicate set of emails to a party and also to counsel. Because of counsel's focus on attacking each other and Google instead of adhering to the Court's Order, the Court issues the attached orders to Google instructing it on what to produce and to whom. Defendants' counsel is ordered to send the attached orders to Google with a copy of this minute entry no later than April 28, 2021. Ms. Sandhu is ordered to send her email from penny@jusbroadcasting.com to google-legalsupport@google.com pursuant to the Order Regarding Production of Documents by April 28, 2021.Upon receipt of these emails from Google, Defendants must run agreed-upon search terms against those emails, and produce the emails that are responsive and not privileged to Plaintiff no later than May 31, 2021. With regard to the part of the January 14, 2021 Order directing Defendants to produce signed written supplemental answers to interrogatories, Defendants' counsel admitted that he has no record that he ever sent such a document to Plaintiff. He is ordered to provide such signed supplemental answers to Interrogatories to Plaintiff no later than April 28, 2021. With regard to Plaintiff's request for attorney fees, the Court went over each time entry with Plaintiff's counsel. Plaintiff's counsel admitted that the services detailed at [108-1] do not add up to the $14,368.50 he requested. Defendants oppose the fee request. The Court takes the request under advisement.The Court gave notice that it intends to issue monetary sanctions against both counsel for their ongoing failures in the conduct of discovery in this case, despite the Court's repeated admonitions, resulting in the unnecessary expenditure of the Court's time on matters that could have been easily resolved or avoided. An Order indicating the sanction amounts made payable to the Clerk of Court will follow. The parties are ordered to cooperate in agreeing on email search terms and setting a deposition schedule. (FTR 3:02-4:19) (Tran, Tammy) Modified on 4/25/2021 to correct typo and date of proposed orders (Tran, Tammy). |
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SCHEDULING ORDER: A Telephone Motion Hearing on the #108 Joint Motion to Compel Compliance with Prior Court Orders is scheduled for April 22, 2021 at 3:00 p.m. before Magistrate Judge Peggy Kuo. Counsel are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 4/18/2021. (Tran, Tammy)
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| Filing 110 REPLY to Response to Motion re #108 Joint MOTION to Compel Compliance with Prior Court Orders for Discovery, Attorney's Fees and Order to Google for Release of Emails filed by Kashmir Gill. (Attachments: #1 Exhibit Exhibit "A") (Ackerman, Alan) |
| Filing 109 REPLY in Opposition re #108 Joint MOTION to Compel Compliance with Prior Court Orders for Discovery, Attorney's Fees and Order to Google for Release of Emails filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Filing 108 Joint MOTION to Compel Compliance with Prior Court Orders for Discovery, Attorney's Fees and Order to Google for Release of Emails by Kashmir Gill. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit 1) (Ackerman, Alan) |
| Filing 107 TRANSCRIPT of Proceedings held on January 14, 2021, before Judge Kuo. Court Transcriber: Transcription Plus II, Inc. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 2/10/2021. Redacted Transcript Deadline set for 2/22/2021. Release of Transcript Restriction set for 4/20/2021. (Rocco, Christine) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephonic motion hearing regarding Plaintiff's discovery motion #104 and Defendants' motion for a protective order 105 was held on January 14, 2021. Attorney Alan Ackerman appeared on behalf of Plaintiff. Attorney Paul Batista appeared on behalf of Defendants. Also present were Plaintiff Kashmir Gill and individual Defendant Penny Sandhu. The Court granted Plaintiff's motion #104 and denied Defendants' motion 105 for a protective order. In compliance with the Federal Rules of Civil Procedure, Defendants are directed to respond in writing to Plaintiff's outstanding discovery requests, including those that Ms. Sandhu responded to orally during prior Court conferences. Defendants are also directed to obtain all of Ms. Sandhus emails from Google, run the appropriate search terms against those emails, and produce the emails that are responsive and not privileged. The parties are directed to ascertain whether Google still has any of the emails from Mr. Gill's JUS Broadcasting email account. If it does, the parties are further directed to determine what information Google needs so that the parties can access these emails. (FTR Log #12:05-12:37.) (Rand, Matthew) |
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SCHEDULING ORDER: The Telephone Motion Hearing previously scheduled for January 14, 2021 at 10:30 a.m. is adjourned to 12:00 p.m. (noon) before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 1/14/2021. (O'Neil-Berven, Ryan)
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Order. The Court has temporarily sealed 105 sua sponte as it appears to contain the possibly private financial information of third parties within the bank statements. Defendants are directed to file a letter indicating whether any of this information needs to remain under seal, and if so, attaching a redacted version of 105 . If no or insufficient reasons are given, the document will be unsealed on January 20, 2021. Ordered by Magistrate Judge Peggy Kuo on 1/14/2021. (Rand, Matthew)
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| Filing 106 Letter to Judge Kuo from Alan R. Ackerman, Esq. by Kashmir Gill (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) (Ackerman, Alan) |
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Order. A motion hearing regarding Docket #104 is scheduled for January 14, 2021 at 10:30am. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the hearing. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 12/23/2020. (Rand, Matthew)
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| Filing 104 Third MOTION to Appear by Telephone , MOTION for Discovery by Kashmir Gill. (Ackerman, Alan) |
| Minute Entry for proceedings before Magistrate Judge Peggy Kuo. A telephonic status conference regarding the parties' dispute as to Plaintiff's third-party subpoenas #103 was held on November 19, 2020. Attorney Alan Ackerman appeared on behalf of Plaintiff. Attorney Paul Batista appeared on behalf of Defendants. Plaintiff sent third-party subpoenas to Google, TD Bank, and Bank of America. Based on the parties' representations during the conference and the letter they submitted to the Court, the Court found that the subpoenas sent to TD Bank and Bank of America were proper. The Court also found that Plaintiff's subpoena to Google is proper to the extent that it seeks emails to or from Plaintiff's JUS Broadcasting email address. Defendants are directed to obtain Ms. Sandhu's emails directly from Google or provide consent for Plaintiff to subpoena them. The parties are further directed to agree on search terms to be applied to Ms. Sandhu's emails to identify those emails that are relevant and should be produced, subject to a privilege review. Defendants are reminded that it is their responsibility to review the emails including engaging a vendor to process the emails, if necessary in order to produce responsive emails in compliance with the Federal Rules of Civil Procedure. (FTR Log #11:06-11:36am.) (Rand, Matthew) |
| Filing 103 Letter Joint Submission of Parties to Motion on Subpoenas by Kashmir Gill (Attachments: #1 Exhibits 1, 2, 3 & 4 to joint letter) (Ackerman, Alan) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephonic motion hearing regarding Plaintiff's motion to compel #98 was held on November 5, 2020. Attorney Alan Ackerman appeared on behalf of Plaintiff. Attorney Paul Batista appeared on behalf of Defendants. Also present on the call were Plaintiff Kashmir Gill and individual Defendant Penny Sandhu. Based on the parties' filings and the representations made during the hearing, the Court made rulings on the record regarding the remaining discovery disputes, granting #98 in part. Defendants are directed to serve their amended discovery responses by November 16, 2020.During the hearing, the parties stated that they have a dispute as to the third party subpoenas served by Plaintiff. The parties are directed to file by November 16, 2020 a joint letter setting forth their respective positions and attaching the subpoenas served by Plaintiff and Defendants' formal responses and objections, if any. A motion hearing regarding the third party subpoenas is scheduled for November 19, 2020 at 11:00am. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the hearing. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.)(FTR Log #12:34-1:42pm.)(Rand, Matthew) |
| Filing 102 Letter to Hon. Peggy Kuo by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) Modified on 10/20/2020 to reflect this is a motion to adjourn conference (O'Neil-Berven, Ryan). |
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ORDER granting #102 Motion to Adjourn Conference. The Telephone Motion Hearing is adjourned to November 5, 2020 at 12:30 p.m. before Magistrate Judge Peggy Kuo. Plaintiff Kashmir Gill and individual Defendant Penny Sandhu are directed to be present. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 10/20/2020. (O'Neil-Berven, Ryan)
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SCHEDULING ORDER: Due to the Court's unavailability, the Telephone Motion Hearing scheduled for October 21, 2020 has been adjourned from 2:30 p.m. to 4:00 p.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) Ordered by Magistrate Judge Peggy Kuo on 10/19/2020. (O'Neil-Berven, Ryan)
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| Filing 101 TRANSCRIPT of Proceedings held on October 14, 2020, before Judge Kuo. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 11/5/2020. Redacted Transcript Deadline set for 11/16/2020. Release of Transcript Restriction set for 1/13/2021. (Hong, Loan) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. A motion hearing regarding Plaintiff's Motion to Compel #98 was held on October 14, 2020. Attorney Alan Ackerman appeared on behalf of Plaintiff. Attorney Paul Batista appeared on behalf of Defendants. Also present on the call were Plaintiff Kashmir Gill and individual Defendant Penny Sandhu. Based on the parties filings and the representations made during the hearing, the Court made rulings on the record regarding Plaintiff's Requests For Production 1-14. A continued motion hearing is scheduled for October 21, 2020 at 2:30 pm. Plaintiff Kashmir Gill and individual Defendant Penny Sandhu are directed to be present. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the hearing. No additional security code is needed. Once all parties are on the line, the call will be connected. (The parties are reminded that, pursuant to Local Civil Rule 1.8, they may not independently record any court proceedings. A transcript of the proceedings may be ordered from the Clerk's Office.) In the interim, the parties are directed to meet and confer in an attempt to narrow the scope of their discovery disputes. (FTR Log #10:08-11:28am.) (Rand, Matthew) |
| Filing 100 Letter to Judge Kuo by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Attachments: #1 Exhibit Email bet. Batista & Ackerman) (Batista, Paul) Modified on 10/6/2020 to reflect that this is a motion (Rand, Matthew). |
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Order. Defendants' Letter Motion to Adjourn Conference #100 is granted. The request to appoint a Special Master to oversee discovery is denied. A 2-hour discovery conference is scheduled for October 14, 2020 at 10:00 am. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. No further security code is necessary. Once all parties are on the line, the call will be connected. Plaintiff Kashmir Gill and Defendant Penny Sandhu must be present on the line with counsel. All parties must be prepared to go through the discovery requests and interrogatories in detail with the Court and explain what documents exist, which documents are being withheld and why, and how interrogatory responses are deficient or sufficient. The parties must become well-informed in advance of the conference of the scope of the documents and information in their possession and control. Relevance of the documents and interrogatories will be determined by the Court, not by the parties. Responses by Mr. Gill and Ms. Sandhu will be on the record. Ordered by Magistrate Judge Peggy Kuo on 10/6/2020. (Rand, Matthew)
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| Filing 99 DECLARATION re Set Deadlines,, of Alan R. Ackerman, Esq. by Kashmir Gill (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) (Ackerman, Alan) |
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Order. With regard to Plaintiff's letter #98 , Plaintiff is directed to file by October 6, 2020 a declaration attaching his requests for production and interrogatories and Defendants' objections and responses to Plaintiff's requests for production and interrogatories. Plaintiff is directed to file the entire requests for production, interrogatories, and Defendants' objections and responses to Plaintiff's requests for production and interrogatories, including the instructions, definitions, and Defendants' objections to those instructions and definitions. Ordered by Magistrate Judge Peggy Kuo on 10/4/2020. (Rand, Matthew)
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| Filing 98 Letter from Alan R. Ackerman, Esq. enclosing Proposed Joint Discovery Letter by Kashmir Gill (Ackerman, Alan) Modified to reflect that this is a motion on 10/16/2020 (Rand, Matthew). |
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ORDER granting #97 Motion to Adjourn Conference. The telephone settlement conference scheduled for September 30, 2020 is canceled. Ordered by Magistrate Judge Peggy Kuo on 9/24/2020. (O'Neil-Berven, Ryan)
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| Filing 97 Letter requesting the settlement conference be cancelled by Kashmir Gill (Ackerman, Alan) Modified on 9/24/2020 to reflect this is a motion to adjourn the conference (O'Neil-Berven, Ryan). |
| Filing 96 Letter from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) |
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ORDER: With regard to the letter filed at #96 , the parties are directed to the Scheduling Order filed on June 17, 2020. Upon review of the docket sheet, no request to adjourn the settlement conference has been made by any party. If the parties wish to adjourn the settlement conference, they must file a joint request on ECF. If no adjournment request is filed, the parties are directed to submit ex parte settlement statements to Chambers via e-mail to Kuo_Chambers@nyed.uscourts.gov by September 23, 2020. Ordered by Magistrate Judge Peggy Kuo on 9/23/2020. (O'Neil-Berven, Ryan)
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ORDER: The deadline for the parties to submit revised confidential ex parte settlement statements in advance of the Telephone Settlement Conference is September 23, 2020. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. The parties are reminded to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. Ordered by Magistrate Judge Peggy Kuo on 9/21/2020. (O'Neil-Berven, Ryan)
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Filing 95
ORDER: The filings at 91 and 92 are ordered stricken from the record. Material may not be redacted in publicly filed documents unless the Court enters a sealing order. For the reasons stated in the attached Order #95 , the Court enters properly redacted documents at #93 and #94 on behalf of Defendants. Ordered by Magistrate Judge Peggy Kuo on 9/17/2020. (O'Neil-Berven, Ryan)
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| Filing 94 REDACTED Affidavit/Declaration in Opposition re #76 MOTION to Compel DEFENDANTS FOR MORE SPECIFIC ANSWERS TO INTERROGATORIES AND RESPONSES TO DOCUMENT DEMAND by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (O'Neil-Berven, Ryan) |
| Filing 93 REDACTED Memorandum in Opposition to Plaintiffs' (sic) Notice of Motion for More Specific Answers to Interrogatories and Responses to Document Demand filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (O'Neil-Berven, Ryan) |
| Filing 92 ANSWER to Interrogatories by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Filing 91 MEMORANDUM in Opposition re 85 Memorandum in Opposition, Redacted Version of Defendants' Memorandum in Opposition to "Plaintiffs' [sic] Notice of Motion for More Specific Answers to Interrogatories and Responses to Document Demand" filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephone conference was held on August 21, 2020. Attorney Alan Ackerman appeared on behalf of Plaintiff and attorney Paul Batista appeared on behalf of Defendants. Mr. Batista explained that he failed to appear at the original time for the conference because he missed the original ECF notification due to an ongoing family medical issue. The Court accepts Mr. Batista's explanation of extraordinary circumstances and will not impose sanctions at this time. Counsel are reminded of their obligation to keep apprised of all ECF notifications in this case and to notify the Court via a filing on the docket if they are unable to attend a conference or meet a deadline. Future failures to fulfill this obligation may result in sanctions.The Court explained to Defendants that the documents they filed at Dkts. 85 and 86 were improper because they have material in them that the Court previously ordered sealed. The Court further explained that the documents Defendants filed at Dkts. 88 and 89 were improper because they were not identical to the filings at 85 and 86 but with the sealed information redacted. Instead, Dkts. 88 and 89 have extrinsic information that was not originally in 85 and 86 . Accordingly, the Court strikes 88 and 89 . Mr. Batista stated that he does not know what is contained in Dkts. 85 and 86 because they are now sealed, even though he was the one who filed them initially. Plaintiff offered to provide Defendants with copies of 85 and 86 and to resend to Defendants a copy of the material that the Court previously ordered sealed so that Defendants can properly redact 85 and 86 . The parties are reminded that when redacting information from a document, the redactions must be complete so that none of the redacted material is visible. Using a magic marker to partially scribble out portions of a document does not constitute proper redaction. Defendants are directed to file new, public versions of Dkts. 85 and 86 with no changes to those documents other than the Court-ordered redactions by August 28, 2020. To ensure there are no further mishaps, Defendants' counsel is ordered to confer with Plaintiff's counsel before filing the new redacted versions of those documents.The Court admonishes counsel that their conduct of this matter to date has fallen short of the standards of professionalism and competence expected of counsel in this Court. Continuing instances of discourtesy, inattention, and ignorance (feigned or actual) will not be tolerated. (FTR Log #11:41am-12:13pm.) (Rand, Matthew) |
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SCHEDULING ORDER: A Telephone Conference was scheduled for August 21, 2020 at 10:00 a.m. before Magistrate Judge Peggy Kuo. Defense counsel failed to appear for this conference. Accordingly, the conference is adjourned to 11:30 a.m. Mr. Batista is ordered to show cause why he should not be sanctioned for failing to appear or notify the Court of the reason for his non-appearance. Ordered by Magistrate Judge Peggy Kuo on 8/21/2020. (O'Neil-Berven, Ryan)
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| Filing 90 Letter to Honorable Peggy Kuo, U.S.M.J from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) Modified on 8/20/2020 to reflect the fact that this is a motion (Rand, Matthew). |
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ORDER: Plaintiff's letter at #90 requests clarification regarding deadlines set forth in the Court's August 6 minute entry, which the Court provides as follows: by August 31, 2020, Plaintiff must provide all documents in his possession, custody, or control that he believes are responsive to Defendants' currently outstanding document requests. Defendants have until September 9, 2020 to review Plaintiff's production, identify any potential deficiencies, and send Plaintiff a letter setting forth those deficiencies. Plaintiff then has until September 28, 2020 to produce any further documents in its possession, custody, or control that address the deficiencies raised by Defendants. The portion of #90 which constitutes a motion to compel (by requesting that the Court direct Defendants to take certain actions) fails to comply with Judge Kuo's Individual Rules which require that counsel confer with each other before making any request to the Court, and that the moving party indicate whether other parties consent or oppose the request. Status conferences are no substitute for counsel's obligation to confer directly with each other. Accordingly, Plaintiff's motion at #90 to compel production of emails and notes is denied without prejudice to renew once information is added regarding the results of counsel's discussion with each other. Ordered by Magistrate Judge Peggy Kuo on 8/20/2020. (Rand, Matthew)
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| Filing 89 INTERROGATORIES Propounded by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
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A telephone conference has been set for August 21, 2020 at 10:00am before Magistrate Judge Peggy Kuo. Counsel are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. No further security code is necessary. Once all parties are on the line, the call will be connected. Ordered by Magistrate Judge Peggy Kuo on 8/19/2020. (Rand, Matthew)
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Order. On August 6, 2020, the Court directed Defendants to refile exact copies of Dkts. 85 and 86 , with the only changes being redactions of the material the Court previously ordered sealed. Defendants' filing at 88 does not comply with this order. Accordingly, Defendants are directed to file two new docket entries, one representing Dkt. 85 and the second docket entry representing Dkt. 86 . The two new docket entries will be the public version of Dkts. 85 and 86 . Accordingly, they must be exactly the same as Dkts. 85 and 86 , except Defendants must redact the material the Court ordered sealed on June 10, 2020. Defendants are not to add any information or commentary to these docket entries that was not previously in Dkts. 85 and 86 . Similarly, Defendants are not to delete or alter any information that was in Dkts. 85 and 86 . If Defendants want to provide the Court with any additional information, they must put that information in a letter and file that letter as a separate docket entry. However, Defendants are not required to submit such a letter. Defendants are directed to file the public versions of Dkts. 85 and 86 with no changes to those documents other than the Court-ordered redactions by August 24, 2020. Ordered by Magistrate Judge Peggy Kuo on 8/17/2020 (Rand, Matthew)
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| Filing 88 ANSWER to Interrogatories by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephonic motion hearing was held on August 6, 2020 regarding Plaintiff's Motion to Compel More Specific Answers to Interrogatories and Responses to Document Demand #76 , Defendants' Letter Motion for Discovery Plan & Scheduling Order #82 , and Defendants' Motion to Compel Plaintiff to Produce Documents #83 . Attorney Alan Ackerman appeared on behalf of Plaintiff and attorney Paul Batista appeared on behalf of Defendants. The Court heard from the parties on all of the motions. The Court granted Plaintiff's Motion to Compel #76 in so far as it seeks the production of documents. The Court found the remainder of the Motion, seeking to compel more specific answers to Plaintiff's interrogatories, to be moot in light of the supplemental interrogatory responses attached to the Declaration of Paul Batista in Support of Defendants' Opposition to Plaintiff's Motion to Compel 86 . The Court found Defendants' Motion for Discovery Plan #82 to be moot and granted Defendants' Motion to Compel #83 .Plaintiff is directed to send a letter to Defendants identifying any deficiencies in Defendants' responses to Plaintiff's discovery demands by August 13, 2020. Defendants are directed to respond to Plaintiffs letter August 27 2020. Defendants' responses to Plaintiff's discovery demands, including responses to interrogatories and the production of all responsive documents, are to be completed by September 28, 2020. Plaintiff is directed to produce documents in response to Defendants' document requests by August 31, 2020. If Defendants identify any deficiencies in Plaintiff's production, Defendants are directed to send a letter to Plaintiff raising those deficiencies by September 9, 2020. Plaintiff's production of documents in response to Defendants' requests is to be completed by September 28, 2020. The parties are reminded that document productions must be orderly and respond to specific requests. "Document dumps" are not acceptable. If there are any unresolved discovery disputes after September 28, the parties are directed to file a joint letter by October 2, 2020. The letter must contain all parties' positions on all outstanding disputes, including the specific discovery requests and the opposing parties' objections and responses. The Court will hold a telephonic status conference on October 9, 2020 at 10:00 am to discuss any issues raised in the October 2 letter. Counsel are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. No further security code is necessary. Once all parties are on the line, the call will be connected. The Court will also discuss the parties proposed deposition schedule during the conference. Accordingly, the parties are directed to meet and confer prior to the conference to identify deponents and potential dates for the depositions.During the conference, Plaintiff made an oral motion to seal Dkts. 85 and 86 because they contain unredacted material that the Court previously ordered to be filed under seal. See June 10, 2020 Order. The Court granted the motion. Dkts 85 and 86 will be sealed. No later than August 13, 2020, Defendants must re-file copies of the documents contained in Dkts. 85 and 86 with those portions redacted in compliance with the Court's June 10 Order directing such redactions. (FTR Log #10:03-10:52.) (Rand, Matthew) |
| Filing 87 REPLY to Response to Motion re #76 MOTION to Compel DEFENDANTS FOR MORE SPECIFIC ANSWERS TO INTERROGATORIES AND RESPONSES TO DOCUMENT DEMAND filed by Kashmir Gill. (Attachments: #1 Exhibit A - Defendants' redacted Answers to Interrogatories) (Ackerman, Alan) |
| Filing 84 RESPONSE to Motion re #83 Notice of MOTION to Compel Plaintiff to Produce Documents filed by Kashmir Gill. (Ackerman, Alan) |
| Filing 83 Notice of MOTION to Compel Plaintiff to Produce Documents by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Attachments: #1 Declaration Declaration of Paul Batista) (Batista, Paul) |
| Filing 82 Letter MOTION for Discovery Plan & Scheduling Order by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Filing 81 Letter from Alan R. Ackerman, Esq.enclosing proposed Discovery Plan by Kashmir Gill (Attachments: #1 Exhibit Proposed Discovery Plan) (Ackerman, Alan) |
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Order. The parties are directed to file motions to compel discovery, if any, by July 27, 2020 and oppositions to those motions by August 3, 2020. A telephone conference regarding all such motions will be held on August 6, 2020 at 10:00a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the access code 1453850 at the time of the conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Ordered by Magistrate Judge Peggy Kuo on 7/20/2020. (Rand, Matthew)
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ORDER: The proposed Confidentiality Order filed at #80 is so-ordered. See the attached Order for further details. Ordered by Magistrate Judge Peggy Kuo on 7/15/2020. (O'Neil-Berven, Ryan)
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| Filing 80 Proposed Pretrial Order - Confidentiality Order by Kashmir Gill (Ackerman, Alan) |
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ORDER. The parties failed to file a proposed confidentiality order by July 13, 2020, as this Court directed on July 7, 2020. Accordingly, the parties are directed to file a proposed confidentiality order by July 17, 2020. Ordered by Magistrate Judge Peggy Kuo on 7/14/2020. (Rand, Matthew)
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Filing 79
ORDER re #77 Letter filed by Penny Sandhu, Jus Broadcasting Corp PVT Ltd, Jus Punjabi, LLC, Jus One, Corp., Jus Broadcasting Corp. Defendants' request to set a briefing schedule is DENIED. Defendants are ordered to defer their filing of the proposed motions until after discovery is completed. Ordered by Judge I. Leo Glasser on 7/10/2020. (Ruffi, Dylan)
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Order. The parties are directed to submit a revised scheduling order by July 20, 2020. Ordered by Magistrate Judge Peggy Kuo on 7/10/2020. (Rand, Matthew)
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| Filing 78 Letter to Judge Glasser from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) |
| Filing 77 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
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Minute entry for proceedings before Magistrate Judge Peggy Kuo. A telephone conference was held on July 8, 2020 regarding Plaintiff's Motion to Compel Compliance with Subpoena #75 and Plaintiff's Motion for More Specific Answers to Interrogatories and Responses to Document Demand #76 . Attorney Alan Ackerman appeared on behalf of Plaintiff and attorney Paul Batista appeared on behalf of Defendants. Attorney Rita Dave also appeared on behalf of Niranjan Bapat, the recipient of Plaintiff's third party subpoena.The Court granted #75 . Plaintiff is directed to confer with Ms. Dave regarding the timing of Mr. Bapat's production of documents in response to the subpoena and the scope of the subpoena's requests, if necessary. The parties are directed to file a proposed confidentiality order by July 13, 2020. The parties are further directed to Section V of the Court's Individual Practices for additional information.The Court deferred ruling on #76 . Defendants should file their opposition, if any, to #76 by July 22, 2020. Defense counsel is directed to confer with his clients to determine if there is further information they can provide in response to Plaintiff's interrogatories. The parties are also directed to confer and attempt to resolve their disputes regarding the interrogatories without the need for Court intervention. Ordered by Magistrate Judge Peggy Kuo on July 8, 2020. (FTR Log #11:10-11:58.) (Rand, Matthew)
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ORDER: The Telephone Conference scheduled for July 8, 2020 at 11:00 a.m. is for the purpose of discussing Plaintiff's motions at #75 and #76 . Plaintiff's counsel is directed to notify Niranjan B. Bapat or his counsel of the conference so they can participate in the discussion about the subpoena served upon him on May 7, 2020. Ordered by Magistrate Judge Peggy Kuo on 7/7/2020. (O'Neil-Berven, Ryan)
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SCHEDULING ORDER: A Telephone Conference is scheduled for July 8, 2020 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Ordered by Magistrate Judge Peggy Kuo on 6/30/2020. (O'Neil-Berven, Ryan)
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| Filing 76 MOTION to Compel DEFENDANTS FOR MORE SPECIFIC ANSWERS TO INTERROGATORIES AND RESPONSES TO DOCUMENT DEMAND by Kashmir Gill. (Attachments: #1 Declaration of Alan R. Ackerman, Esq., #2 Exhibit A to Ackerman Declaration, #3 Exhibit B to Ackerman Declaration, #4 Exhibit C to Ackerman Declaration, #5 Exhibit D to Ackerman Declaration, #6 Exhibit E to Ackerman Declaration, #7 Exhibit F to Ackerman Declaration, #8 Exhibit G to Ackerman Declaration, #9 Proposed Order) (Ackerman, Alan) |
| Filing 75 MOTION to Compel Compliance with Subpoena Served Upon Niranjan B. Bapat by Kashmir Gill. (Attachments: #1 Declaration of Alan R. Ackerman, Esq., #2 Exhibit A to Ackerman Declaration, #3 Exhibit B to Ackerman Declaration, #4 Exhibit C to Ackerman Declaration, #5 Exhibit D to Ackerman Declaration, #6 Declaration of Shaydah Troncone, #7 Memorandum in Support, #8 Proposed Order) (Ackerman, Alan) |
| Filing 74 Letter to Honorable Peggy Kuo, U.S.M.J from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) |
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SCHEDULING ORDER: The Telephone Settlement Conference previously scheduled for June 18, 2020 is adjourned sua sponte to September 30, 2020 at 2:15 p.m. before Magistrate Judge Peggy Kuo. Plaintiff and the individual Defendant must be present. A representative of the corporate Defendants with complete settlement authority (other than counsel) must be present. The parties are encouraged to engage in discovery necessary to reach a successful settlement. Ordered by Magistrate Judge Peggy Kuo on 6/17/2020. (O'Neil-Berven, Ryan)
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| Filing 73 Letter from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) |
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ORDER. Plaintiff's Motion to Compel Compliance with Subpoena Served Upon Niranjan B. Bapat #72 is denied without prejudice. Plaintiff failed to comply with Individual Practice Rule VI(A)(1). The parties must confer regarding Plaintiff's discovery motion. If the parties are unable to resolve the dispute, then they must file a joint letter (no more than three pages) via ECF. Ordered by Magistrate Judge Peggy Kuo on 6/12/2020. (Rand, Matthew)
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ORDER: Pursuant to the Order dated April 29, 2020 the parties were directed to submit confidential ex parte settlement statements via email to Chambers by June 10, 2020. Plaintiff has failed to comply with this Court order and is directed to submit the outstanding statements immediately. Ordered by Magistrate Judge Peggy Kuo on 6/12/2020. (O'Neil-Berven, Ryan)
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Order granting Plaintiff's Amended Motion for Leave to Electronically File Document Under Seal #71 . Ordered by Magistrate Judge Peggy Kuo on 6/12/2020. (Rand, Matthew)
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| Filing 72 MOTION to Compel Compliance with Subpoena Served Upon Niranjan B. Bapat by Kashmir Gill. (Attachments: #1 Declaration of Alan R. Ackerman, Esq., #2 Exhibit A to Ackerman Declaration, #3 Exhibit B to Ackerman Declaration, #4 Exhibit C to Ackerman Declaration, #5 Exhibit D to Ackerman Declaration, #6 Proposed Order, #7 Declaration of Shaydah Troncone) (Ackerman, Alan) |
| Filing 71 Amended MOTION for Leave to Electronically File Document under Seal by Kashmir Gill. (Attachments: #1 Declaration of Alan R. Ackerman, Esq., #2 Exhibit A to Ackerman Declaration, #3 Exhibit B to Ackerman Declaration, #4 Memorandum in Support, #5 Proposed Order, #6 Declaration of Shaydah Troncone) (Ackerman, Alan) |
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ORDER granting #70 . Plaintiff is directed to share his Motion for Leave to Electronically File Document Under Seal #69 with Defendants. Plaintiff is further directed to file future documents under seal using the appropriate ECF setting so that the document can be viewed by the opposing parties unless Plaintiff receives Court permission to file the document ex parte. Ordered by Magistrate Judge Peggy Kuo on 6/10/2020. (Rand, Matthew)
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| Filing 70 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) Modified on 6/10/2020 to reflect this is a motion (O'Neil-Berven, Ryan). |
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ORDER. Plaintiff's motion for leave to electronically file document under seal #69 is denied without prejudice. Plaintiff is directed to file a new motion seeking leave to seal only those specific parts of Defendants' interrogatory responses that Plaintiff finds to be objectionable. Ordered by Magistrate Judge Peggy Kuo on 6/9/2020. (Rand, Matthew)
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| Filing 69 MOTION for Leave to Electronically File Document under Seal by Kashmir Gill. (Attachments: #1 Proposed Order, #2 Declaration of Alan R. Ackerman, Esq., #3 Exhibit A, #4 Memorandum in Support) (Ackerman, Alan) |
| Filing 68 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
| Filing 67 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
| Minute entry for proceedings before Magistrate Judge Peggy Kuo. Telephone conference on Defendants' motion to stay discovery #65 held on April 28, 2019. Attorney Alan Ackerman appeared on behalf of Plaintiff and attorney Paul Batista appeared on behalf of Defendants. Defendants' motion is denied. The parties are directed to work together to ensure that discovery is proceeding as safely and efficiently as possible in light of the ongoing health emergency. This includes sending discovery requests and responses by electronic means and, when necessary, the U.S. Postal Service, and moving forward with third-party discovery. (FTR Log #11:08-11:23am.)(Rand, Matthew) |
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SCHEDULING ORDER: With regard to the Telephone Conference held on 4/28/2020, the Settlement Conference previously scheduled for May 4, 2020 is adjourned, sua sponte, to June 18, 2020 at 2:00 p.m. before Magistrate Judge Peggy Kuo. The parties are directed to submit confidential ex parte settlement statements which must include the last offer and demand, to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by June 10, 2020. Counsel are directed to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. Ordered by Magistrate Judge Peggy Kuo on 4/29/2020. (O'Neil-Berven, Ryan)
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SCHEDULING ORDER: A Telephone Conference is scheduled for April 28, 2020 at 11:00 a.m. before Magistrate Judge Peggy Kuo. The parties are directed to call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. No additional security code is needed. Once all parties are on the line, the call will be connected. Ordered by Magistrate Judge Peggy Kuo on 4/24/2020. (O'Neil-Berven, Ryan)
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| Filing 66 Letter from Alan R. Ackerman, Esq. by Kashmir Gill (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) (Ackerman, Alan) |
| Filing 65 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) Modified on April 28, 2020 to reflect that this is a motion (Rand, Matthew). |
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SCHEDULING ORDER: The Settlement Conference scheduled for May 4, 2020 at 2:00 p.m. before the Honorable Peggy Kuo has been converted from an in-person conference to a Telephone Conference. Counsel are directed to get their clients on the phone, then call toll free (877) 336-1274 and input the Access Code 1453850 at the time of the Conference. Once all parties are on the line, the call will be connected. The security code for the conference will be provided to the parties via e-mail upon receipt of their Settlement Statements. Ordered by Magistrate Judge Peggy Kuo on 4/16/2020. (O'Neil-Berven, Ryan)
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Filing 64
ORDER granting #61 Motion for Extension of Time to File a motion to dismiss. Ordered by Judge I. Leo Glasser on 3/10/2020. (Kessler, Stanley)
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| Filing 63 Letter from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) |
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ORDER granting #62 Motion for Extension of Time to File Response/Reply Interrogatories & Document Demand. The deadline to serve a response is extended to April 9, 2020. Ordered by Magistrate Judge Peggy Kuo on 3/10/2020. (O'Neil-Berven, Ryan) Modified on 3/10/2020 to correct wording (O'Neil-Berven, Ryan).
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| Filing 62 Letter MOTION for Extension of Time to File Response/Reply Interrogatories & Document Demand by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Attachments: #1 Exhibit A, #2 Exhibit B) (Batista, Paul) |
| Filing 61 Letter MOTION for Extension of Time to File Motion to Dismiss by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Batista, Paul) |
| Filing 60 ANSWER to #56 Amended Complaint by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
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Filing 59
ORDER approving #57 the proposed motion briefing schedule. Ordered by Judge I. Leo Glasser on 1/23/2020. (Kessler, Stanley)
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| Filing 58 Letter from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) |
| Filing 57 Letter MOTION for Extension of Time to File by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Filing 56 AMENDED COMPLAINT against All Defendants, filed by Kashmir Gill. (Ackerman, Alan) |
| Filing 55 Letter by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Batista, Paul) |
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ORDER granting #54 Motion for Leave to File. The Amended Complaint must be filed by January 10, 2020. Ordered by Magistrate Judge Peggy Kuo on 1/8/2020. (Riquelme, Claudia)
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ORDER: Defendants are directed to indicate by January 10, 2020 whether they oppose Plaintiff's Motion for Leave to File an Amended Complaint #54 . Ordered by Magistrate Judge Peggy Kuo on 1/7/2020. (Prentice, Amanda)
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| Filing 54 First MOTION for Leave to File Document - Plaintiff's First Amended Complaint by Kashmir Gill. (Attachments: #1 Declaration of Alan R. Ackerman, Esq. and Memorandum of Law in support of Notice of Motion for Leave to file Plaintiff's First Amended Complaint, #2 Exhibit "A" - Proposed Amended Complaint, #3 Certificate of Service) (Ackerman, Alan) |
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Filing 53
ORDER directing the parties to confer, on or immediately after 1/6/2020 for the purpose of submitting a mutually arrived at briefing schedule for the contemplated Rule 12(c) motion to be filed by the defendant. Ordered by Judge I. Leo Glasser on 12/23/2019. (Kessler, Stanley)
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| Filing 52 Letter from Alan R. Ackerman, Esq. by Kashmir Gill (Ackerman, Alan) |
| Filing 51 Letter Proposing Briefing Schedule by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (Attachments: #1 Exhibit Complaint) (Batista, Paul) |
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Filing 50
ORDER granting #49 Motion for Extension of Time to Complete Discovery. The deadline to certify the close of fact discovery is extended to June 1, 2020. The deadline to certify the close of all discovery is extended to November 2, 2020. The deadline to request a pre-motion conference in advance of a dispositive motion, is extended to November 2, 2020. If no dispositive motion is anticipated, then the parties must file a Joint Proposed Pre-Trial Order by November 9, 2020. The parties are directed to file a joint status report regarding the status of the case by March 2, 2019.A Settlement Conference is set for May 4, 2020 at 2:00 pm in Courtroom 11C South before Magistrate Judge Peggy Kuo. Plaintiff must be present. A representative of the defendants with complete settlement authority (other than counsel) must be present, unless leave is granted to participate by phone. The parties are directed to submit confidential settlement statements to Chambers via email to Kuo_Chambers@nyed.uscourts.gov by April 27, 2020. For guidance on the requirements for the statements, the parties should consult Magistrate Judge Peggy Kuo's Individual Practice Rules. Ordered by Magistrate Judge Peggy Kuo on 12/12/2019. (Riquelme, Claudia)
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| Filing 49 Letter from Alan R. Ackerman, Esq. enclosing Proposed Joint Discovery Plan by Kashmir Gill (Attachments: #1 Proposed Joint Discovery Plan) (Ackerman, Alan) Modified on 12/12/2019 to reflect that this is a motion. (Riquelme, Claudia). |
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Filing 48
ORDER terminating defendants' letter motion #33 to dismiss the request for a certificate of default, for the reasons stated. Ordered by Judge I. Leo Glasser on 12/3/2019. (Kessler, Stanley)
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| Minute Entry for Proceedings before Magistrate Judge Peggy Kuo. Motion Hearing on Plaintiff's Motion to Disqualify Counsel Paul Batista #36 held on 11/15/2019. Attorney Alan R. Ackerman appeared on behalf of Plaintiff Kashmir Gill, who was also present. Attorney Paul A. Batista appeared on behalf of Defendants. For the reasons stated on the record, the Motion is denied. The parties are directed to file a proposed discovery plan using the form attached at #26 by December 13, 2019. If the parties seek to file a dispositive motion, they must direct such a request to Judge Glasser for consideration, with a proposed briefing schedule. (FTR Log #12:00-1:23.) (Prentice, Amanda) Modified on 11/15/2019 (Prentice, Amanda). |
| Filing 47 Letter from Alan R. Ackerman, Esq. enclosing July 19, 2019 Transcript of Hearing by Kashmir Gill (Ackerman, Alan) |
| Filing 46 Letter MOTION to Adjourn Conference by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Attachments: #1 Declaration of Actual Engagement on Federal Jury Trial, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration) (Batista, Paul) |
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ORDER granting #46 Motion to Adjourn Conference. The Motion Hearing set for October 29, 2019 is rescheduled to November 15, 2019 at 12:00 PM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 10/25/2019. (Riquelme, Claudia)
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SCHEDULING ORDER: In light of the pending Motion to Disqualify Counsel Paul Batista #36 , the Initial Conference scheduled for October 29, 2019 at 10:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo is converted into a Motion Hearing. Any witnesses whose testimony the parties wish to offer must be present at the hearing. If the parties intend to rely on statements made by District Judge Wolfson at the Motion Hearing held on July 19, 2019, they must file a copy of the transcript from that hearing on the docket. Ordered by Magistrate Judge Peggy Kuo on 10/23/2019. (Prentice, Amanda)
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| Filing 45 REPLY to Response to Motion re #36 First MOTION to Disqualify Counsel Paul Batista filed by Kashmir Gill. (Attachments: #1 Declaration of Alan R. Ackerman, Esq., #2 Exhibit A to Ackerman Declaration, #3 Exhibit B to Ackerman Declaration, #4 Declaration of Kashmir Gill, #5 Exhibit A to Gill Declaration, #6 Exhibit B to Gill Declaration, #7 Exhibit C to Gill Declaration, #8 Affirmation of Service) (ACKERMAN, ALAN) |
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ORDER: The parties are directed to send one courtesy copy of the fully-briefed Motion to Disqualify Counsel to Magistrate Judge Peggy Kuo's Chambers by September 19, 2019. The courtesy copy should be printed double-sided and contained in a three-ring binder. Ordered by Magistrate Judge Peggy Kuo on 9/9/2019. (Prentice, Amanda)
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| Filing 44 MEMORANDUM in Opposition re #36 First MOTION to Disqualify Counsel Paul Batista filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
| Filing 43 AFFIDAVIT/DECLARATION in Opposition re #36 First MOTION to Disqualify Counsel Paul Batista filed by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Batista, Paul) |
| Filing 42 AFFIDAVIT/DECLARATION in Opposition re #36 First MOTION to Disqualify Counsel Paul Batista filed by Penny Sandhu. (Batista, Paul) |
| Filing 41 NOTICE of Appearance by ALAN R. ACKERMAN on behalf of Kashmir Gill (notification declined or already on case) (ACKERMAN, ALAN) |
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ORDER granting #39 Motion for Leave to Appear pro hac vice. Attorney ALAN R. ACKERMAN is permitted to appear pro hac vice on behalf of plaintiff. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Ordered by Magistrate Judge Peggy Kuo on 8/30/2019. (Riquelme, Claudia)
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SCHEDULING ORDER: In light of the pending motion to disqualify counsel filed at #36 the Initial Conference set for September 11, 2019 is rescheduled to October 29, 2019 at 10:00 AM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Ordered by Magistrate Judge Peggy Kuo on 8/30/2019. (Riquelme, Claudia)
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| Filing 40 Letter from Alan R. Ackerman, Esq. by Kashmir Gill (ACKERMAN, ALAN) |
| Filing 39 MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-11802396. by Kashmir Gill. (Attachments: #1 Affidavit of Alan R. Ackerman, #2 Exhibit A - Certificate of Good Standing) (ACKERMAN, ALAN) |
| Filing 38 ANSWER to Complaint and Affirmative Defenses by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
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Filing 37
ORDER granting #35 Plaintiff's motion for reconsideration of the Court's August 19, 2019 Scheduling Order.Ordered by Judge I. Leo Glasser on 8/22/2019. (Perlman, Alexa)
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ORDER SETTING DEADLINE: Defendants' response to plaintiff's #36 MOTION to Disqualify Counsel is due by September 6, 2019. Plaintiff's reply is due by September 16, 2019. Ordered by Magistrate Judge Peggy Kuo on 8/22/2019. (Riquelme, Claudia)
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| Filing 36 First MOTION to Disqualify Counsel Paul Batista by Kashmir Gill. (Attachments: #1 Memorandum in Support Memorandum in Support of Motion, #2 Declaration Declaration of Kashmir Gill, #3 Exhibit Exhibit A to Declaration, #4 Exhibit Exhibit B to Declaration, #5 Exhibit Exhibit C to Declaration, #6 Exhibit Exhibit D to Declaration, #7 Affidavit of Service Affidavit of Service, #8 Proposed Order Proposed Order) (Jayson, Steven) |
| Filing 35 Letter Letter for Reconsideration of Scheduling Order by Kashmir Gill (Jayson, Steven) |
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Filing 34
ORDER granting #32 Motion for briefing schedule in connection with Defendants' upcoming motion to dismiss Ordered by Judge I. Leo Glasser on 8/19/2019. (Perlman, Alexa)
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| Filing 33 Letter MOTION to Dismiss the Request for Certificate of Default by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Batista, Paul) |
| Filing 32 Letter MOTION for Hearing re Staff Notes, Request for Briefing Schedule by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Batista, Paul) |
| Filing 31 Request for Certificate of Default by Kashmir Gill (Attachments: #1 Affidavit in Support Affirmation of Alan R. Ackerman, #2 Affidavit of Service Affirmation of Service, #3 Proposed Order Proposed Certificate of Default) (Jayson, Steven) |
| Filing 30 NOTICE of Appearance by Steven Adam Jayson on behalf of Kashmir Gill (aty to be noticed) (Jayson, Steven) |
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ORDER granting #29 Motion to Substitute Attorney. Attorney Michael Farhi terminated. Ordered by Magistrate Judge Peggy Kuo on 8/7/2019. (Riquelme, Claudia)
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| Filing 29 First MOTION to Substitute Attorney re: #28 by Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu. (Batista, Paul) |
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ORDER denying #28 , with leave to renew, Motion to Substitute Attorney. The proposed substitution of attorney is not signed by defendants. Counsel is directed to resubmit the motion in compliance with Local Civil Rule 1.4, which requires any substitution of counsel by stipulation to be signed by counsel, the client, and all other parties. Ordered by Magistrate Judge Peggy Kuo on 8/1/2019. (Riquelme, Claudia)
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| Filing 28 NOTICE of Consent to Change Attorney by Paul A. Batista (Batista, Paul) Modified on 8/1/2019 to reflect that this is a motion. (Riquelme, Claudia). |
| Filing 27 NOTICE of Appearance by Paul A. Batista on behalf of Jus Broadcasting Corp, Jus Broadcasting Corp PVT Ltd, Jus One, Corp., Jus Punjabi, LLC, Penny Sandhu (aty to be noticed) (Batista, Paul) |
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Filing 26
SCHEDULING ORDER: An Initial Conference will be held in this case on September 11, 2019 at 10:00 a.m. before Peggy Kuo, United States Magistrate Judge, in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. At least five days before the Conference, the parties must file a completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-discovplan.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Peggy Kuo on 7/23/2019. (Attachments: #1 Proposed Discovery Plan) (Riquelme, Claudia)
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ORDER denying, with leave to renew, defense counsel's #17 Motion for Leave to Appear pro hac vice. Counsel is directed to the pro hac vice Attorney Admission Instructions available at https://www.nyed.uscourts.gov/pro-hac-vice-attorney-admission-instructions. Ordered by Magistrate Judge Peggy Kuo on 7/23/2019. (Riquelme, Claudia)
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| Filing 25 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) |
| Filing 24 Case transferred in from District of New Jersey; Case Number 3:19-cv-06742. Original file certified copy of transfer order and docket sheet received. |
| The case of Gill V. Jus Broadcasting Corp., has been transferred from District of New Jersey to the Eastern District of New York. The new case number is 19-cv-4216. PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) |
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Filing 23
ORDER that Plaintiff's #18 application for Attorney's fees is Granted; Plaintiff is awarded attorney's fees and costs in the amount of $1,800.00. It is ORDERED that the #10 Motion to Dismiss for Lack of Jurisdiction is DENIED. It is further ORDRED that this matter is transferred to the U.S.D.C. for the Eastern District of New York. Signed by Chief Judge Freda L. Wolfson on 7/19/2019. (km) [Transferred from New Jersey on 7/22/2019.]
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| Filing 22 Minute Entry for proceedings held before Chief Judge Freda L. Wolfson: Motion Hearing held on 7/19/2019 re #10 MOTION to Dismiss for Lack of Jurisdiction filed by JUS ONE, CORP., JUS BROADCASTING CORP, JUS PUNJABI, LLC, PENNY SANDHU, JUS BROADCASTING CORP PVT LTD. Court Ordered Case to be transferred to Eastern District of New York. Order to be filed. (Court Reporter/Recorder Vincent Russoniello.) (jmm, ) [Transferred from New Jersey on 7/22/2019.] |
| ***Civil Case Terminated. (km) [Transferred from New Jersey on 7/22/2019.] |
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Filing 21
TEXT ORDER DENYING DEFENDANTS REQUEST #19 TO ADJOURN MOTION. Motion shall remain on as scheduled for 7/19/2019 at 10:30 A.M.. So Ordered by Chief Judge Freda L. Wolfson on 7/18/2019. (jmm, ) [Transferred from New Jersey on 7/22/2019.]
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| Filing 20 Letter from Alan R. Ackerman objecting to Defendants' adjournment request re Set/Reset Motion and R&R Deadlines/Hearings, Set/Reset Motion and R&R Deadlines/Hearings, #19 Letter. (ACKERMAN, ALAN) [Transferred from New Jersey on 7/22/2019.] |
| Filing 19 Letter from JUS Broadcasting for Adjournment Request re #10 MOTION to Dismiss for Lack of Jurisdiction . (FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
| Filing 18 APPLICATION/PETITION for FOR ATTORNEYS FEES AND COSTS for by KASHMIR GILL. (Attachments: #1 Exhibit A- Copy of Docket Sheet, #2 Text of Proposed Order)(ACKERMAN, ALAN) [Transferred from New Jersey on 7/22/2019.] |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice by All Defendants. (Attachments: #1 Statement, #2 Certification, #3 Certificate of Service, #4 Text of Proposed Order)(FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
| Set Deadlines as to #17 MOTION for Leave to Appear Pro Hac Vice . Motion set for 8/19/2019 before Magistrate Judge Tonianne J. Bongiovanni. 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. (km) [Transferred from New Jersey on 7/22/2019.] |
| Set/Reset Deadlines as to #10 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 7/19/2019 10:30 AM in Trenton - Courtroom 5E before Chief Judge Freda L. Wolfson. (jmm, ) [Transferred from New Jersey on 7/22/2019.] |
| Set/Reset Deadlines as to #10 MOTION to Dismiss for Lack of Jurisdiction . Motion set for Oral Argument on 7/10/2019 10:00 AM in Trenton - Courtroom 5E before Chief Judge Freda L. Wolfson. (jmm, ) [Transferred from New Jersey on 7/22/2019.] |
| Filing 16 REPLY BRIEF to Opposition to Motion filed by All Defendants re #10 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Brief)(FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
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Filing 15
LETTER ORDER Resetting Deadlines as to #10 MOTION to Dismiss for Lack of Jurisdiction . Motion reset for 6/17/2019 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Signed by Chief Judge Freda L. Wolfson on 5/28/2019. (km) [Transferred from New Jersey on 7/22/2019.]
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| Filing 14 Letter. (FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
| Filing 13 RESPONSE in Opposition filed by KASHMIR GILL re #10 MOTION to Dismiss for Lack of Jurisdiction (Attachments: #1 Affidavit of Kashmir Gill, #2 Exhibit A to Gill Affidavit (Profit and Loss Statement), #3 Exhibit B to Gill Affidavit (Operating Agreement), #4 Exhibit C to Gill Affidavit (Final Settlement Agreement), #5 Exhibit D to Gill Affidavit (Signed Dollar), #6 Exhibit E to Gill Affidavit (Email))(ACKERMAN, ALAN) [Transferred from New Jersey on 7/22/2019.] |
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Filing 12
LETTER ORDER Resetting Deadlines as to #10 MOTION to Dismiss for Lack of Jurisdiction . Motion reset for 6/3/2019 before Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Signed by Judge Freda L. Wolfson on 5/7/2019. (km) [Transferred from New Jersey on 7/22/2019.]
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| Filing 11 Letter from Alan R. Ackerman, Esq. requesting an adjournment re #10 MOTION to Dismiss for Lack of Jurisdiction , Set/Reset Motion and R&R Deadlines/Hearings,. (ACKERMAN, ALAN) [Transferred from New Jersey on 7/22/2019.] |
| Set Deadlines as to #10 MOTION to Dismiss for Lack of Jurisdiction . Motion set for 5/20/2019 before Judge Freda L. Wolfson. 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. (km) [Transferred from New Jersey on 7/22/2019.] |
| Filing 10 MOTION to Dismiss for Lack of Jurisdiction by All Defendants. (Attachments: #1 Text of Proposed Order, #2 Brief, #3 Declaration, #4 Declaration)(FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
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Filing 9
STIPULATION AND ORDER that the time within which all Defendants may answer or file a responsive pleading to the Complaint or otherwise move is extended to 4/25/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/12/2019. (mps) [Transferred from New Jersey on 7/22/2019.]
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| Filing 8 STIPULATION Extending Time to Answer by All Defendants. (FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
| Filing 7 NOTICE of Appearance by MICHAEL FARHI on behalf of All Defendants (FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
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Filing 6
STIPULATION AND ORDER that the time for Defendant Joseph Scotto to answer, move or otherwise respond to the Complaint is extended to 4/11/2019. Signed by Magistrate Judge Tonianne J. Bongiovanni on 4/3/2019. (km) [Transferred from New Jersey on 7/22/2019.]
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| Filing 5 STIPULATION by All Defendants. (FARHI, MICHAEL) [Transferred from New Jersey on 7/22/2019.] |
| Filing 4 AFFIDAVIT of Service for Affidavit of Service served on Jus Broadcasting PVT LTD; Jus Punjabi, LLC; Jus Broadcasting Corp.; Jus One, Corp. on 03/07/2019, filed by KASHMIR GILL. (Attachments: #1 Exhibit "A", #2 Exhibit "B", #3 Exhibit "C", #4 Exhibit "D")(ACKERMAN, ALAN) [Transferred from New Jersey on 7/22/2019.] |
| Filing 3 SUMMONS Returned Executed by KASHMIR GILL. PENNY SANDHU served on 3/9/2019, answer due 4/1/2019. (ACKERMAN, ALAN) [Transferred from New Jersey on 7/22/2019.] |
| Filing 2 SUMMONS ISSUED as to JUS BROADCASTING CORP, JUS BROADCASTING CORP PVT LTD, JUS ONE, CORP., JUS PUNJABI, LLC, PENNY SANDHU. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jmh) [Transferred from New Jersey on 7/22/2019.] |
| Filing 1 COMPLAINT against JUS BROADCASTING CORP, JUS BROADCASTING CORP PVT LTD, JUS ONE, CORP., JUS PUNJABI, LLC, PENNY SANDHU ( Filing and Admin fee $ 400 receipt number 0312-9444442), filed by KASHMIR GILL. (Attachments: #1 Civil Cover Sheet)(ACKERMAN, ALAN) [Transferred from New Jersey on 7/22/2019.] |
| Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (jmh) [Transferred from New Jersey on 7/22/2019.] |
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