PHHHOTO Inc. v. Meta Platforms, Inc. et al
| PHHHOTO Inc. |
| Meta Platforms, Inc., DOES NOs. 1-7 and Facebook, Inc. |
| 1:2021cv06159 |
| November 4, 2021 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Roanne L Mann |
| Kiyo A Matsumoto |
| Anti-Trust |
| 15 U.S.C. § 2 Antitrust Litigation |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 1, 2023. A more recent docket listing may be available from PACER.
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Filing 36
NOTICE OF APPEAL as to #35 Clerk's Judgment, by PHHHOTO Inc.. Filing fee $ 505, receipt number ANYEDC-16651554. Appeal Record due by 5/15/2023. (Martin, Scott)
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Electronic Index to Record on Appeal sent to US Court of Appeals. #36 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)
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Filing 35
CLERK'S JUDGMENT: ORDERED and ADJUDGED that Defendants' Motion to Dismiss in its entirety is granted; that Defendants' claims are dismissed with prejudice; and that leave to amend a second time is denied. Ordered by Jalitza Poveda, Deputy Clerk on behalf of Brenna B. Mahoney, Clerk of Court on 3/31/2023. (JT)
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Filing 34
ORDER granting #27 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, the Court GRANTS Defendants' Motion to Dismiss in its entirety, Defendants' claims are DISMISSED with prejudice, and leave to amend a second time is DENIED. The Clerk of Court is respectfully directed to enter judgment in favor of Defendants and to close the case. Ordered by Judge Kiyo A. Matsumoto on 3/30/2023. (LW)
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Filing 33
RESPONSE in Opposition re #32 MOTION to Stay Discovery filed by PHHHOTO Inc.. (Martin, Scott)
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Filing 32
MOTION to Stay Discovery by Meta Platforms, Inc.. (Panner, Aaron)
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ORDER. Defendant Meta Platforms Inc., is respectfully requested to provide the Court with another two sets of courtesy copies to Chambers by FedEx or messenger of the: (1) Notice of Defendant Meta Platforms, Inc.'s Motion To Dismiss Amended Complaint; (2) Memorandum in Support of Meta Platforms, Inc.s Motion To Dismiss Phhhoto Inc.s Amended Complaint; (3) Meta Platforms, Inc.s Reply in Support of Its Motion To Dismiss Phhhoto Inc.s Amended Complaint; and (4) Amended Complaint by February 28, 2023. Ordered by Judge Kiyo A. Matsumoto on 2/24/2023. (LW)
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Case Reassigned to Magistrate Judge Lois Bloom. Magistrate Judge Roanne L. Mann no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (TL)
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Filing 31
Letter to the Honorable Kiyo A. Matsumoto by Meta Platforms, Inc. (Panner, Aaron)
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Filing 30
Letter to the Honorable Kiyo A. Matsumoto by PHHHOTO Inc. (Martin, Scott)
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Filing 29
REPLY in Support re #27 MOTION to Dismiss Amended Complaint filed by Meta Platforms, Inc.. (Panner, Aaron)
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Filing 28
MEMORANDUM in Opposition re #27 MOTION to Dismiss Amended Complaint filed by PHHHOTO Inc.. (Attachments: #1 Affirmation of Service, #2 Proposed Order) (Martin, Scott)
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Filing 27
MOTION to Dismiss Amended Complaint by Meta Platforms, Inc.. (Attachments: #1 Memorandum in Support) (Panner, Aaron)
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Filing 26
NOTICE of Appearance by Julius Taranto on behalf of Meta Platforms, Inc. (notification declined or already on case) (Taranto, Julius)
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Filing 25
NOTICE of Appearance by Alex Treiger on behalf of Meta Platforms, Inc. (notification declined or already on case) (Treiger, Alex)
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ORDER granting #24 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 5/9/2022. (LK)
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ORDER granting #23 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 5/9/2022. (LK)
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Filing 24
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15542940. by Meta Platforms, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Treiger, Alex)
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Filing 23
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15542905. by Meta Platforms, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Taranto, Julius)
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Filing 22
AMENDED COMPLAINT against DOES NOs. 1-7, Meta Platforms, Inc., filed by PHHHOTO Inc.. (Martin, Scott)
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Filing 21
Letter re Amended Complaint by PHHHOTO Inc. (Martin, Scott)
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Minute Entry for proceedings held before Judge Kiyo A. Matsumoto: Pre Motion Conference held on 3/10/2022. The Court held a pre-motion conference in Courtroom 6D South, with the parties appearing by telephone. Appearances: Scott Martin, Esq., for Plaintiff; Aaron Panner, Esq., for Defendant. The Court offered Plaintiff an opportunity to amend the complaint and address the deficiencies noted by Defendant, to which Defendant did not object. Plaintiff's counsel requested the opportunity to consult with Plaintiff as to amending the complaint. Plaintiff shall advise the Court via ECF by March 14, 2022, as to whether or not Plaintiff wishes to amend the complaint. If Plaintiff intends to amend the complaint, Plaintiff shall file an amended complaint on or before March 21, 2022. After Plaintiff files the amended complaint, the parties are ordered to confer as to whether they will proceed to motion practice, settlement discussions, or discovery. If the parties still wish to proceed to motion practice, the Court adopts the following briefing schedule: Defendant shall serve, not file, its motion to dismiss on or before April 22, 2022. Plaintiff shall serve, not file, its reply on or before May 23, 2022. Defendant shall serve, not file, its reply on or before June 6, 2022. On June 6, 2022, the parties shall file via ECF, in logical order, the fully briefed motion. The parties are further reminded to send two bound courtesy copies of all papers related to any motion to chambers. Courtesy copies should be sent via FedEx or messenger to Judge Matsumoto's chambers.Regarding settlement, counsel for the parties are ordered to discuss with their clients the possibility of engaging in good-faith settlement discussions. The parties are directed to reach out to Magistrate Judge Mann should they wish to engage in a settlement conference with Judge Mann's assistance. The parties may seek an adjournment of any briefing schedule set by the Court if it would be helpful to ongoing settlement discussions. (Court Reporter Anthony Frisolone.) (Rodriguez Armenta, Elena)
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Filing 20
NOTICE of Appearance by Brittany Lee Nieves on behalf of PHHHOTO Inc. (notification declined or already on case) (Nieves, Brittany)
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Filing 19
Letter from Aaron M. Panner to Judge Kiyo A. Matsumoto regarding Supplemental Authority in Support of Anticipated Motion to Dismiss by Meta Platforms, Inc. (Attachments: #1 Exhibit A) (Panner, Aaron)
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ORDER granting #17 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 3/7/2022. (LK)
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Filing 18
Letter in Response to the Request of Defendant Meta Platforms, Inc. for a Pre-Motion Conference and Proposing a Motion to Dismiss Phhhotos Complaint by PHHHOTO Inc. (Martin, Scott)
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Filing 17
MOTION to Appear Pro Hac Vice for Brittany L. Nieves Filing fee $ 150, receipt number ANYEDC-15264823. by PHHHOTO Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Nieves, Brittany)
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ORDER granting #16 Motion for Pre Motion Conference. The parties shall appear telephonically for a pre-motion conference on March 10, 2022, at 2:00 pm. Plaintiff shall file a response to Defendant's #16 letter requesting a pre-motion conference by February 10, 2022. The parties shall dial into the conference by calling 1-888-684-8852 and entering the following access code: 1312089. Ordered by Judge Kiyo A. Matsumoto on 1/21/2022. (Rodriguez Armenta, Elena)
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Filing 16
Letter MOTION for pre motion conference by Meta Platforms, Inc.. (Panner, Aaron)
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Filing 15
REQUEST FOR WAIVER of Service sent to Aaron M. Panner on November 5, 2021 by PHHHOTO Inc.. Waiver of Service due by 2/3/2022. (Martin, Scott)
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Filing 14
MOTION for Extension of Time to File Answer re #1 Complaint by Meta Platforms, Inc.. (Attachments: #1 Proposed Order) (Panner, Aaron)
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ORDER granting, on consent #14 Motion for Extension of Time to Answer re #14 MOTION for Extension of Time to File Answer re #1 Complaint Meta Platforms, Inc. Answer is due 1/20/2022. Ordered by Magistrate Judge Roanne L. Mann on 12/29/2021. (LK)
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Filing 13
NOTICE of Appearance by Silvija Anna Strikis on behalf of Meta Platforms, Inc. (notification declined or already on case) (Strikis, Silvija)
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Filing 12
NOTICE of Appearance by Aaron M Panner on behalf of Meta Platforms, Inc. (notification declined or already on case) (Panner, Aaron)
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Filing 11
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15145057. by Meta Platforms, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Certificate of Good Standing, #4 Proposed Order) (Strikis, Silvija)
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Filing 10
MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15145005. by Meta Platforms, Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Panner, Aaron)
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ORDER granting #11 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/27/2021. (LK)
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ORDER granting #10 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/27/2021. (LK)
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Filing 9
NOTICE of Appearance by Gary L. Reback on behalf of PHHHOTO Inc. (notification declined or already on case) (Reback, Gary)
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Filing 8
NOTICE of Appearance by Michael D. Hausfeld on behalf of PHHHOTO Inc. (notification declined or already on case) (Hausfeld, Michael)
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ORDER granting #7 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/9/2021. (LK)
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ORDER granting #6 Motion for Leave to Appear Pro Hac Vice. 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 s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Magistrate Judge Roanne L. Mann on 12/9/2021. (LK)
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Filing 7
MOTION to Appear Pro Hac Vice for Gary L. Reback Filing fee $ 150, receipt number ANYEDC-15098952. by PHHHOTO Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Reback, Gary)
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Filing 6
MOTION to Appear Pro Hac Vice for Michael D. Hausfeld Filing fee $ 150, receipt number ANYEDC-15098468. by PHHHOTO Inc.. (Attachments: #1 Affidavit, #2 Certificate of Good Standing, #3 Proposed Order) (Hausfeld, Michael)
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Filing 5
NOTICE of Appearance by Irving Scher on behalf of All Plaintiffs (aty to be noticed) (Scher, Irving)
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Filing 4
NOTICE of Appearance by Sarah Rebecca LaFreniere on behalf of All Plaintiffs (aty to be noticed) (LaFreniere, Sarah)
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Filing 3
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. (Neptune, Pierre)
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Filing 2
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre)
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Case Assigned to Judge Kiyo A. Matsumoto and Magistrate Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre)
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Filing 1
COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15002843 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by PHHHOTO Inc.. (Attachments: #1 Civil Cover Sheet) (Martin, Scott)
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