Microsoft Corp. v. John Does 1-2
| Microsoft Corp. |
| John Does 1-2 |
| 1:2020cv01217 |
| March 5, 2020 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Ramon E Reyes |
| Trademark |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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Filing 14
MINUTE ENTRY AND ORDER: A telephonic hearing on Plaintiff's motion for a preliminary injunction was held before Judge LaShann DeArcy Hall on March 31, 2020. Kayvan Ghaffari, Gabriel Ramsey, Richard Boscovich, and Jason Lyons appeared on behalf of Plaintiff. Defendants made no appearance. Plaintiff demonstrated that the "defendants have operated in such a way as to stymie any effort to determine their true addresses." Elsevier, Inc. v. Siew Yee Chew, 287 F. Supp. 3d 374, 379 (S.D.N.Y. 2018). Specifically, Defendants are cyber-hackers. As such, Plaintiff attempted to effectuate service in accordance with those methods outlined in the Temporary Restraining Order (''TRO'') signed by Judge Eric Komitee on March 5, 2020, including service by email, using up to eight different email addresses linked to the domains with which Defendants have historically associated, and service by publication. The Court finds that these means of alternative service satisfy due process and adequately placed Defendants on notice of these proceedings. The Court finds that a preliminary injunction is warranted. See N. Am. Soccer League, LLC v. United States Soccer Fedn, Inc., 883 F.3d 32, 37 (2d Cir. 2018) (''A party seeking a preliminary injunction must show (1) irreparable harm; (2) either a likelihood of success on the merits or both serious questions on the merits and a balance of hardships decidedly favoring the moving party; and (3) that a preliminary injunction is in the public interest.''). As set forth in the attached order, Plaintiff's motion for a preliminary injunction is GRANTED (see attached Preliminary Injunction Order for details). Finally, the Court grants Plaintiff's request to conduct 120 days of ''Doe Discovery" as set forth in the attached order. (FTR Log #Audio Telephone Conference.) (Attachments: #1 Order Granting Doe Discovery) (Williams, Erica)
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ORDER: Plaintiff's request #13 to appear telephonically for the preliminary injunction hearing scheduled for March 17, 2020 at 11:30 a.m., in Courtroom 4H North is GRANTED in part. The preliminary injunction hearing is converted to a telephone conference for all parties and is ADJOURNED to March 31, 2020, at 11:30 a.m. The parties are directed to call chambers on March 31, 2020 at 11:30 a.m., using the following conference line and dial-information: toll free number 1-888-684-8852; access code 1537693. Based on the public health emergency necessitating the adjournment of the hearing, the Court extends the Temporary Restraining Order (TRO) signed by Judge Eric Komitee on March 5, 2020, and set to expire on March 19, 2020, by fourteen (14) days. See Fed. R. Civ. P. 65(b)(2) (Every temporary restraining order issued without notice must state the date and hour it was issued; describe the injury and state why it is irreparable; state why the order was issued without notice; and be promptly filed in the clerks office and entered in the record. The order expires at the time after entry not to exceed 14 days that the court sets, unless before that time the court, for good cause, extends it for a like period or the adverse party consents to a longer extension. The reasons for an extension must be entered in the record.). Ordered by Judge LaShann DeArcy Hall on 3/16/2020. (Williams, Erica) Modified on 3/17/2020 (Williams, Erica).
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| Filing 13 MOTION to Appear by Telephone to Preliminary Injunction Hearing by Microsoft Corp.. (Williams, Erica) |
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ORDER: Plaintiff's motion to unseal the case #12 is GRANTED. Ordered by Judge LaShann DeArcy Hall on 3/11/2020. (Williams, Erica)
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| Filing 12 Notice of Execution of Temporary Restraining Order and MOTION to Unseal Case by Microsoft Corp. (Attachments: #1 Sealing Cover Sheet) (Fernandez, Erica) |
| FILING FEE: $ 50,000.00, receipt number 4653148765 (Bowens, Priscilla) |
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Filing 11
EXPARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE, granting #6 Motion for TRO. ( Show Cause Hearing set for 3/17/2020 11:30 AM in Courtroom 4H North before Judge LaShann DeArcy Hall.) Ordered by Judge Eric R. Komitee on 3/5/2020. (Attachments: #1 Sealing Cover Sheet) (Piper, Francine)
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Filing 10
ORDER TO SHOW CAUSE TO TEMPORARILY SEAL CASE, granting #4 Motion to Seal; (Show Cause Hearing set for 3/17/2020 11:30 AM in Courtroom 4H North before Judge LaShann DeArcy Hall.) Ordered by Judge Eric R. Komitee on 3/5/2020. (Attachments: #1 Sealing Cover Sheet) (Piper, Francine)
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| Filing 9 Minute Entry for proceedings held before Judge Eric R. Komitee: Motion Hearing held on 3/5/2020 re #6 MOTION for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction filed by Microsoft Corp. The application was granted. Order entered. An Injunction Hearing will be held on March 17, 2020 at 11:30 before Judge DeArcy Hall in Courtroom 4HN. (Court Reporter Anthony Frisolone.) (Attachments: #1 Sealing Cover Sheet) (Piper, Francine) |
| Filing 8 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. (Bowens, Priscilla) |
| Filing 7 Unsigned Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction by Microsoft Corp. (Attachments: #1 Appendix A to Proposed Order TRO, #2 Appendix B1, #3 Appendix B2, #4 Appendix B3, #5 Appendix B4, #6 Appendix B5) (Bowens, Priscilla) |
| Filing 6 MOTION for Temporary Restraining Order and Order to Show Cause Re Preliminary Injunction by Microsoft Corp.. (Attachments: #1 Brief ISO of Mtn for TRO & PI, #2 Exhibit 1 Lyons Declar Resume, #3 Lyons Declar Appendix A, #4 Lyons Declar Appendix B1, #5 Lyons Declar Appendix B2, #6 Lyons Declar Appendix B3, #7 Lyons Declar Appendix B4, #8 Lyons Declar Appendix B5) (Bowens, Priscilla) (Additional attachment(s) added on 3/5/2020: #9 Declaration Ghaffari, #10 Exhibit 1, #11 Exhibit 2, #12 Exhibit 3, #13 Exhibit 4, #14 Exhibit 5, #15 Exhibit 6, #16 Exhibit 7, #17 Exhibit 8, #18 Exhibit 9, #19 Exhibit 10, #20 Exhibit 11, #21 Exhibit 12, #22 Exhibit 13, #23 Exhibit 14, #24 Exhibit 15, #25 Exhibit 16, #26 Exhibit 17, #27 Exhibit 18, #28 Exhibit 19, #29 Exhibit 20, #30 Exhibit 21, #31 Exhibit 22, #32 Exhibit 23, #33 Exhibit 24, #34 Exhibit 25, #35 Exhibit 26, #36 Exhibit 27, #37 Exhibit 28, #38 Exhibit 29, #39 Exhibit 30, #40 Exhibit 31, #41 Exhibit 32, #42 Exhibit 33) (Bowens, Priscilla). |
| Filing 5 Unsigned Order to Show Cause to Temporarily Seal Case by Microsoft Corp. (Bowens, Priscilla) Modified on 3/5/2020 (Bowens, Priscilla). |
| Filing 4 MOTION to Seal Temporarily Documents by Microsoft Corp.. (Attachments: #1 Brief ISO of Mtn for PO Termp Sealing, #2 Dec ISO Motion to Seal) (Bowens, Priscilla) |
| Filing 3 MOTION to Appear Pro Hac Vice (Boscovich) by Microsoft Corp.. (Attachments: #1 Declaration, #2 Pro Hac Order FINAL) (Bowens, Priscilla) Modified on 3/5/2020 (Bowens, Priscilla). |
| Filing 2 MOTION to Appear Pro Hac Vice (Ramsey) by Microsoft Corp.. (Attachments: #1 Declaration, #2 Pro Hac Order FINAL) (Bowens, Priscilla) Modified on 3/5/2020 (Bowens, Priscilla). |
| Filing 1 COMPLAINT against John Does 1-2 Was the Disclosure Statement on Civil Cover Sheet completed -yes,, filed by Microsoft Corp.. (Attachments: #1 Cover Sheet) (Bowens, Priscilla) (Additional attachment(s) added on 3/5/2020: #2 Sealing Cover Sheet) (Bowens, Priscilla). (Additional attachment(s) added on 3/5/2020: #3 Appendix A, #4 Appendix B1, #5 Appendix B2, #6 Appendix B3, #7 Appendix B4, #8 Appendix B5, #9 Appendix C) (Bowens, Priscilla). (Additional attachment(s) added on 3/6/2020: #10 Summonses) (Bowens, Priscilla). |
| FILING FEE: $ 400.00, receipt number 4653148652 (Bowens, Priscilla) |
| FILING FEE: $ 150.00, receipt number 4653148652 (Bowens, Priscilla) |
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| Defendant: John Does 1-2 | |
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| Plaintiff: Microsoft Corp. | |
| Represented By: | Gabriel M. Ramsey |
| Represented By: | Richard Domingues Boscovich |
| Represented By: | Kayvan M. Ghaffari |
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