Gurvey v. Cowan, Liebowitz & Latman PC et al
| Amy R. Gurvey |
| Cowan, Liebowitz & Lathman, PC, Susan Schick, Dale Head, Midge Hyman, Michael Gordon, Baila Celedonia, William Borchard, Clear Channel Communications, Inc., Instant Live Concerts, LLC, Live Nation, Inc., Steve Simon, Christopher Jensen, Does 1-X Inclusive and Nexticketing, Inc. |
| 1:2006cv01202 |
| February 15, 2006 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Henry B Pitman |
| Lorna G Schofield |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 5, 2023. A more recent docket listing may be available from PACER.
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Filing 453
NOTICE OF DOCKETING. USCA Case No. 2023-134. A petition for writ of mandamus has been filed and assigned the above Federal Circuit case number. The court's official caption is included as an attachment to this notice. Unless otherwise noted in the court's rules, the assigned docket number and official caption or short caption must be included on all documents filed with this Court. It is the responsibility of all parties to review the Rules for critical due dates. The assigned deputy clerk is noted below and all case questions should be directed to the Case Management section at (202) 275-8055..(nd)
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Filing 452
LETTER addressed to Judge Lorna G. Schofield from A. Gurvey, dated 4/25/23 re: "LETTER REQUESTING PERMISSION"- I am constitutionally entitled to a hearing on my patents under the Fifth Amendment by the SDNY. Even if I was admitted in NYS and had been legitimately sanctioned for six months as an attorney in a HUD housing case, which I was not etc., that has nothing to do with denying me a hearing on my patents in defiance of the 5th Amendment for thirteen years. Document filed by Amy R. Gurvey.(sc)
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Filing 451
LETTER addressed to Judge Lorna G. Schofield from A. W. Gurvey, dated 4/25/23 re: "LETTER REQUESTING PERMISSION" - There is not one attorney I have contacted who disputes that I have been treated abominably by this Court. Almost all have conflicts with infringers, making it more urgent that I get a hearing of my patents and on the unfair competition and continuing antitrust violations by defendant Live Nation. Document filed by Amy R. W. Gurvey.(sc)
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Filing 450
LETTER addressed to Judge Lorna G. Schofield from A. Gurvey, dated 4/25/23 re: "LETTER REQUESTING PERMISSION"- I enclose a letter requested by the Appellate Division Third Department addressed to Attorney Membership Office Anthony Moore, Esq. that establishes that the preclusion order issued by the Court in March 2022 was unwarranted, and again targeted the wrong parties in this action. Document filed by Amy R. Gurvey. (Attachments: #1Letter Part 2, #2 Letter Part 3)(sc)
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Filing 449
MANDATE of USCA (Certified Copy) as to #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. CAFC Case Number 22-1331; USCA Case Number 22-0840. A notice of appeal was filed on April 15, 2022. Appellant's Form D-P was due May 3, 2022. The case is deemed in default. IT IS HEREBY ORDERED that the appeal will be dismissed effective June 1, 2022 if the form is not filed by that date. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 8/18/2022. (tp)
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Transmission of USCA Mandate/Order to the District Judge re: #449 USCA Mandate. (tp)
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Filing 448
ORDER of USCA (Certified Copy) as to #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey USCA Case Number 2022-1331. Amy R. Gurvey filed a petition for panel rehearing and a document construed as a supplement to the petition [ECF No. 24]. Upon consideration thereof, IT IS ORDERED THAT: The petition for panel rehearing is denied. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 5/25/2022. (tp)
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Appeal Record Sent to USCA (Electronic File). USCA Case Number 22-840, Certified Indexed record on Appeal Electronic Files for #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals..(nd)
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Filing 447
ORDER of USCA (Certified Copy) as to #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. USCA Case Number 2022-1331. IT IS ORDERED THAT: The appeal and all filings are transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. 1631 Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 04/15/2022..(nd)
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Filing 446
MEMO ENDORSEMENT on re: #445 Letter, filed by Amy R. Gurvey ENDORSEMENT: Plaintiff's application for reconsideration of the Court's December 2, 2021, Order denying Plaintiff's prior motion for reconsideration is denied for the reasons stated in the December 29, 2021, Order. Plaintiff was advised that there is no basis for requesting reconsideration ad infinitum. The remainder of Plaintiff's arguments in this application are without merit. The December 29, 2021, Order advised Plaintiff for the second time that if Plaintiff files baseless materials, an injunction may be imposed, requiring Plaintiff to seek permission first before filing anything further on the docket. The Second Circuit has identified five factors relevant to the decision to impose a filing injunction: "(1) the litigant's history of litigation and in particular whether it entailed vexatious, harassing or duplicative lawsuits; (2) the litigant's motive in pursuing the litigation," including whether the litigant has "an objective good faith expectation of prevailing[]; (3) whether the litigant is represented by counsel; (4) whether the litigant has caused needless expense to other parties or has posed an unnecessary burden on the courts and their personnel; and (5) whether other sanctions would be adequate to protect the courts and other parties." Vassel v. Firststorm Props. 2 LLC, 750 F. App'x 50, 52 (2d Cir. 2018) (summary order) (quoting Safir v. U.S. Lines Inc., 792 F.2d 19, 24 (2d Cir. 1986) (internal quotation marks omitted)). Though the Court is reluctant to impose an injunction, each factor counsels in favor of imposing a filing bar. Plaintiff has a history of meritless litigation, in this case and others. See Gurvey v. DiFiore, No. 19 Civ. 4739, 2021 WL 4480553, at *6 (E.D.N.Y. Sept. 30, 2021). Second, Plaintiff has already been instructed not to file motions for reconsideration of orders denying a motion for reconsideration. Third, Plaintiff, an attorney, is not entitled to any special solicitude as a pro se litigant. See id. Fourth, Plaintiff's repeated meritless lawsuits are a needless imposition on defendants and burden on the courts. Fifth, other sanctions cannot adequately protect the courts and the other parties. Plaintiff is barred from filing without prior leave of the Court (1) any further documents in this case except for those captioned for the Second Circuit and (2) any further actions in the Southern District of New York against the Defendants arising out of the events alleged in the Third Amended Complaint. (Signed by Judge Lorna G. Schofield on 3/17/2022) (ks)
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Filing 445
LETTER addressed to Judge Lorna G. Schofield from A. Gurvey, dated 3/6/22 re: "MOTION TO VACATE OR RECONSIDER ORDER ENTERED 12/2/21 DENYING A REPLEADED AMENDED COMPLAINT POST JUDGMENT & PATENT ISSUANCE, TO RECUSE JUDGE AND VACATE ORDERS RETROACTIVE TO 2016." Document filed by Amy R. Gurvey.(sc)
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Filing 444
ORDER: It is hereby ORDERED that the letter is stricken from the docket because it pertains to an attorney disciplinary matter handled by the Grievance Committee. The Clerk of Court is respectfully directed to (1) strike the entries and letters at Dkt. Nos. 442 and 443 from the record and (2) ensure the letter reaches the Grievance Committee, if it has not already. (Signed by Judge Lorna G. Schofield on 3/10/2022) (tg) Transmission to Attorney Services/Help Desk. Transmission to Office of the Clerk of Court for processing.
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Filing 443
*** STRICKEN DOCUMENT. Document number #443 has been stricken from the case record. The document was stricken from this case pursuant to #444 Order. LETTER addressed to Judge P. Kevin Castel from A. Gurvey, dated 3/7/22 re: I have just discovered that without notice to me or any opportunity to be heard, my name was removed from the roster of SDNY attorneys sometime during the pendency of this 13-year patent and anti-trust litigation to prejudice my strict liability infringement rights and my absolute right to amend my Complaint post patent issuance during the lawsuit. 06cv1202 etc. I am sending a copy of this letter to the new Chief Judge of the SDNY, Hon. Laura Taylor Swain, to the 2nd Circuit Disciplinary Board, to the U.S. Attorney for the SDNY, and appending it with relevant documents to Judge Loran Schofield with a motion to replead etc. Document filed by Amy R. Gurvey.(sc) Modified on 3/10/2022 (tg).
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Filing 442
*** STRICKEN DOCUMENT. Document number #442 has been stricken from the case record. The document was stricken from this case pursuant to #444 Order. LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey, dated 3/6/22 re: MOTION TO VACATE OR RECONSIDER ORDER ENTERED 12/2/21 DENYING A REPLEADED AMENDED COMPLAINT POST JUDGMENT AND PATENT ISSUANCE, TO RECUSE JUDGE & VACATE ORDERS RETROACTIVE TO 2016. Document filed by Amy R. Gurvey.(sc) Modified on 3/10/2022 (tg).
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USCA Appeal Fees received $ 505.00 receipt number 465401294868 on 3/9/2022 re: #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey..(wb)
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Supplemental ROA Sent to USCA (Electronic File). Certified Supplemental Indexed record on Appeal Electronic Files for #443 Letter, filed by Amy R. Gurvey, #442 Letter, filed by Amy R. Gurvey, #440 Notice (Other) filed by Amy R. Gurvey, #441 Order, USCA Case Number 2022-1331, were transmitted to the U.S. Court of Appeals. (tp)
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Filing 441
ORDER: It is hereby ORDERED that the Clerk of Court shall return the improper payment. Plaintiff is advised that to cure the improper payment, Plaintiff shall make the payment using one of the appropriate payment methods listed on the Court's website. The Clerk of Court is respectfully directed to mail this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 2/18/2022) (mml) Transmission to Docket Assistant Clerk for processing. Transmission to Finance Unit (Cashiers) for processing.
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Mailed a copy of #441 Order to Amy R. Gurvey at 315 Highland Avenue, Upper Monclair, NJ 07043. (kh)
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Filing 440
NOTICE OF DOCKETING & USCA Case Number 2022-1331 from the U.S. Court of Appeals for the Federal Circuit assigned to #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. (tp)
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USCA Case Number 2022-1331 from the USCA Federal Circuit assigned to #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. (tp)
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Deficient Pro Se Payment of Fee Received: Incorrect Payment Type received by the Finance Department on 01/04/2022, in the amount of $505.00. Payment will be held by the Finance Office pending further order of the Court. (stt)
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Appeal Record Sent to USCA Federal Circuit(Electronic File). Certified Indexed record on Appeal Electronic Files for #439 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey were emailed to the U.S. Court of Appeals for the Federal Circuit. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals Federal Circuit re: #439 Notice of Appeal to the Federal Circuit. (tp)
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Mailed a copy of #438 Memo Endorsement to Amy R. Gurvey at 315 Highland Avenue, Upper Monclair, NJ 07043. (kh)
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Filing 439
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from #436 Order on Motion for Reconsideration. Document filed by Amy R. Gurvey. (tp)
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Filing 438
MEMO ENDORSEMENT on re: #437 Letter,,, filed by Amy R. Gurvey. ENDORSEMENT: Application DENIED as untimely for the reasons stated in the Order at Dkt. No. 436 as to the Rule 60(b) request, untimely under Rule 59 because more than twenty-eight days have passed since the entry of judgment as explained in the Order at Dkt. No. 436 and untimely under Local Rule 6.3 because more than fourteen days have passed since the order sought to be reconsidered was entered. Plaintiff offers no explanation why her hospitalization, which took place for less than half of the fourteen days, left her unable to respond within the fourteen-day period. In any event, Plaintiff's letter is a request for reconsideration of an Order denying a request for reconsideration, and there is no basis for requesting reconsideration ad infinitum. If Plaintiff files frivolous materials, an injunction may be imposed, requiring Plaintiff to seek permission first before filing anything further on the docket. The Clerk of Court is respectfully directed to mail this Order to pro se Plaintiff. So Ordered. (Signed by Judge Lorna G. Schofield on 12/29/2021) (js) Transmission to Docket Assistant Clerk for processing.
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Filing 437
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey, dated 12/21/21 re: "MOTION FOR RECONSIDERATION" -Plaintiff has been hospitalized since early December 2020(please see doctor's note attached) and requests that the Court accept this motion for reconsideration of the Court's order entered 12/2/21 as within time etc. Please be advised that Plaintiff was represented by counsel early in the litigation and is not pro se by choice. Based on the now established liaison between Cowan's attorney, Mr Supple, and the plaintiff's attorney, Lee Squitieri Esq., the plaintiff was forced to continue the case pro se after Mr. Squitieri was somehow granted unilateral withdrawl in 2010 suspiciously within six months after the first US patent issued. There can be no prejudice to the defendants if Plaintiff's motion is granted. Document filed by Amy R. Gurvey.(sc)
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Filing 436
MEMO ENDORSED ORDER denying #435 MOTION for Reconsideration re; #409 Clerk's Judgment filed by Amy R. Gurvey. ENDORSEMENT: Application DENIED as untimely. Plaintiff seeks to vacate the judgment entered on July 7, 2017, under Rule 60(b). Plaintiff's motion is based largely on new evidence, the evidence of a patent. Rule 60(c)(1) provides that a motion under Rule 60(b) for reasons of newly discovered evidence must be filed "no more than a year after the entry of the judgment." Here, Plaintiff filed the motion more than four years after the entry of judgment. To the extent Plaintiff's motion is based on other reasons under Rule 60(b)(6)'s catch-all provision, it still must be "made within a reasonable time." Fed. Rule. 60(c)(1) ("A motion under Rule 60(b) must be made within a reasonable time...."). Plaintiff's motion is devoid of facts or argument to support finding that it was made within a reasonable time. Because Plaintiff's Rule 60(b) motion to vacate is denied as untimely, Plaintiff's motion for leave to amend is also denied. "It is well established that a party seeking to file an amended complaint post-judgment must first have the judgment vacated or set aside pursuant to Fed. R. Civ. P. 59(e) or 60(b)." Metzler Inv. GmbH v. Chipotle Mexican Grill, Inc., 970 F.3d 133, 142 (2d Cir. 2020) (internal quotation marks omitted). The Clerk of Court is respectfully directed to close the motion at Dkt. No. 435 and to mail a copy of this Order to Plaintiff. (Signed by Judge Lorna G. Schofield on 12/2/2021) (mml) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #436 Order on Motion for Reconsideration to Amy R. Gurvey at 315 Highland Avenue, Upper Monclair, NJ 07043. (kh)
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Filing 435
MOTION UNDER FRCP RULES 60(b)(6) & 15 TO VACATE JUDGMENT & REPLEAD AN AMENDED COMPLAINT POST JUDGMENT, re: for Reconsideration of re; #409 Clerk's Judgment. Document filed by Amy R. Gurvey.(sc)
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Filing 434
MANDATE of USCA (Certified Copy) as to #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. USCA Case Number 20-1986. Appellees move to dismiss the appeal and for sanctions. Upon due consideration, it is hereby ORDERED that Appellees' motion is DENIED. It is further ORDERED that the appeal is DISMISSED because it "lacks an arguable basis either in law or in fact". Neitzke v. Williams, 490 U.S. 319, 325 (1989); see also Pillay v. INS, 45 F.3d 14, 17 (2d Cir. 1995) (holding Court has inherent authority to dismiss an appeal that lacks an arguable basis in law or fact). Appellants mandamus petition, which was transferred to this Court as part of this appeal from the United States Court of Appeals for the Federal Circuit, is DENIED because mandamus may not be used as a substitute for an appeal... Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 04/01/2021..(nd)
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USCA Case Number 20-1986 from the U.S. Court of Appeals, 2nd Circ. assigned to #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey..(nd)
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Appeal Record Sent to USCA (Electronic File). USCA Case Number 20-1986, Certified Indexed record on Appeal Electronic Files for #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals..(nd)
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Filing 433
ORDER of USCA (Certified Copy) as to #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. USCA Case Number 2020-1620. Appellant Amy R. Gurvey filed a petition for rehearing en banc. The petition was first referred as a petition for rehearing to the panel that heard the appeal, and thereafter the petition for rehearing en banc was referred to the circuit judges who are in regular active service. Upon consideration thereof, IT IS ORDERED THAT: The petition for panel rehearing is denied. The petition for rehearing en banc is denied. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 09/02/2020..(nd)
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Filing 432
ORDER of USCA (Certified Copy) as to #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. USCA Case Number 2020-1620. Accordingly, IT IS ORDERED THAT: (1) The court accepts Ms. Gurvey's reply (ECF No. 29) for filing. (2) The appeal and all filings are transferred to the United States Court of Appeals for the Second Circuit pursuant to 28 U.S.C. 1631. Peter R. Marksteiner, Clerk USCA for the Federal Circuit. Certified: 06/23/2020..(nd)
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USCA Appeal Fees received $ 505.00 receipt number 465401257531 on 4/14/2020 re: #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. (tp)
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USCA Case Number 20-1620 from the USCA Federal Circuit assigned to #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals for the Federal Circuit re: #431 Notice of Appeal to the Federal Circuit. (tp)
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Appeal Record Sent to USCA Federal Circuit (Electronic File). Certified Indexed record on Appeal Electronic Files for #431 Notice of Appeal to the Federal Circuit filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals for the Federal Circuit. (tp)
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Filing 431
NOTICE OF APPEAL TO THE FEDERAL CIRCUIT from all Orders through #430 Order on Motion for Reconsideration. Form 7 and Form 22 are due within 14 days. Document filed by Amy R. Gurvey. (tp)
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Appeal Fee Due: for #431 Notice of Appeal to the Federal Circuit. Appeal fee due by 4/2/2020. (tp)
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Filing 430
ORDER denying #429 Motion for Reconsideration. Application for reconsideration DENIED. Plaintiff does not raise any new information compelling a different result on her Motion to Vacate the March 17, 2009, Order dismissing Defendant Live Nation (Dkt. No. 65): 1. Contrary to Plaintiff's claim that the Order dismissing Live Nation -- which she is now challenging -- was dated April 24, 2009, the dismissal Order was dated March 17, 2009 (Dkt. No. 65). Accordingly, as this Court's February 13, 2020, Order explains: even if Plaintiff had filed an April 22, 2010, motion to vacate the March 17, 2009, order, any such motion would "not [have been] reasonably prompt, because it would have been filed over a year after the March 17, 2009, Order. Cf. Fed. R. Civ. P. 60(c)(1) (Rule 60 motions generally should not be made "more than a year after the entry of the... order" being challenged.)" 2. Any appeal of the March 17, 2009 Order is not timely. See Fed. R. App. P. 4; Gurvey v. Cowan, Liebowitz & Latman, P.C., 462 F. App'x 26, 30 n.5 (2d Cir. 2012) ("Gurvey I") (finding that Second Circuit did not have jurisdiction to consider appeal of the March 17, 2009, Order, because Plaintiff did not timely include the Order in her notice of appeal). The issues in this action have been fully adjudicated and appealed twice. See Gurvey I, 462 F. App'x 26; Gurvey v. Cowan, Liebowitz & Latman, P.C., 757 F. App'x 62 (2d Cir. 2018), cert. denied, 140 S. Ct. 161, 205 L. Ed. 2d 52 (2019), reh'g denied, No. 18-8930, 2019 WL 6257536 (U.S. Nov. 25, 2019). 3. None of the documents Plaintiff attaches below are the April 22, 2010 filings she references. Among the attachments, the one closest in time is a May 10, 2010, notice of motion to vacate the April 24, 2009, Order. Both Judge Jones in a reconsideration Order (Dkt. No. 80) and the Second Circuit conclusively reviewed the April 24, 2009, Order. 4. The January 28, 2020, Amended Final Judgment and Consent Decree, in the Department of Justice's antitrust action against Live Nation Entertainment, Inc. (available at https://www.justice.gov/atr/case-document/file/1241016/download),does not bear on the issues below or warrant vacatur of Orders in this action. Accordingly, reconsideration of the February 13, 2020, Order (Dkt. No. 428) -- denying Plaintiff's untimely motion to vacate -- is DENIED. If Plaintiff files frivolous materials, an injunction may be imposed, requiring Plaintiff seek permission first before filing anything further on the docket. The Clerk of Court is respectfully directed to close Dkt. No. 429, and to mail a copy of this Order to Plaintiff. (Signed by Judge Lorna G. Schofield on 3/9/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #430 Order on Motion for Reconsideration,to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043. (aea)
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Filing 429
NOTICE OF MOTION TO RECONSIDER DENIAL OF U.S. PATENTEE/PLAINTIFF'S MOTION TO VACATE SDNY ORDERS BASED ON FAILURE TO ADJUDICATE THE APRIL 2010 AMENDED COMPLAINT STATING DAMAGES FOR PATENT INFRINGEMENT, AIDING & ABETTING INFRINGEMENT & CLAYTON ANTITRUST VIOLATIONS [35:271, 271(b),285, 286; 15:18], re; #428 Order on Motion to Vacate. Document filed by Amy R. Gurvey.(sc)
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Filing 428
MEMO ENDORSEMENT denying #427 Motion to Vacate. ENDORSEMENT: This motion to vacate is DENIED. There is no April 22, 2010, motion on the docket. In any case, this motion to vacate is untimely. Federal Rule of Civil Procedure 60(c)(1) requires that any motion to vacate, under Rule 60(b)(6), "be made within a reasonable time." It's been over a decade since the March 17, 2009, order was entered. Even if the April 22, 2010, motion to vacate were filed, that motion was also not reasonably prompt, because it would have been filed over a year after the March 17, 2009, Order. Cf. Fed. R. Civ. P. 60(c)(1) (Rule 60 motions generally should not be made "more than a year after the entry of the... order" being challenged.) This action has been appealed several times to the Second Circuit, and has been resolved and closed. The Clerk of Court is respectfully directed to close Dkt. No. 427, and to mail a copy of this Order to Plaintiff. (Signed by Judge Lorna G. Schofield on 2/13/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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Mailed a copy of #428 Order on Motion to Vacate, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043..(vba)
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Filing 427
NOTICE OF MOTION TO VACATE SDNY ORDERS AS TO DEFENDANT LIVE NATION[FRCP 60(b)(6)][NOTE: Plaintiff's previous motion filed 4/22/10 to vacate 3/17/09 order dismissing the defendant, Live Nation, Inc. was never adjudicated] RETURN DATE: 2/21/20. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit).(sc)
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Filing 426
Costs Taxed as to #424 USCA Mandate, USCA Case Number 17-2760. in the amount of $1415.10. on 3/11/2019 in favor of Cowan, Liebowitz & Latman, P.C., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC, Nexticketing, Incorporated, William Borchard, Midge Hyman, Baila Celedonia, Christopher Jensen, Dale Head, Steve Simon, Nicole Ann Gordon, Susan Schick, Defendants Appellees against Amy Rebecca Gurvey, Plaintiff - Appellant,. (nd)
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Mailed a copy of #425 Order, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043. (aea)
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Filing 425
ORDER: It is hereby ORDERED that the motion for an indicative ruling is DENIED as moot. The Clerk of Court is directed to mail a copy of this Order to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 1/29/2019) (ne) Transmission to Docket Assistant Clerk for processing.
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Filing 424
MANDATE of USCA (Certified Copy) as to #419 Notice of Appeal, filed by Amy R. Gurvey. USCA Case Number 17-2760. Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/25/2019. (nd)
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Transmission of USCA Mandate to the District Judge re: #424 USCA Mandate,. (nd)
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Filing 423
MOTION & MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION FOR AN INDICATIVE RULING BASED ON NEW EVIDENCE AND CONTROLLING CHANGE IN THE LAW UNDER FED.R.CIV.P. 60,62.1. Document filed by Amy R. Gurvey. (sc)
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Filing 422
LETTER from Amy Weissbrod Gurvey, dated 3/27/17 re: DISQUALIFICATION MOTION OPPOSING COUNSEL. Document filed by Amy R. Gurvey.(sc)
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Filing 421
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 420
TRANSCRIPT of Proceedings re: CONFERENCE held on 11/29/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. 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. Redaction Request due 12/19/2017. Redacted Transcript Deadline set for 12/29/2017. Release of Transcript Restriction set for 2/26/2018.(McGuirk, Kelly)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #419 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #419 Notice of Appeal, filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals. (tp)
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Filing 419
NOTICE OF APPEAL from #417 Order, #418 Memo Endorsement and the final and interlocutory orders entered since 2/10/2012 Mandate (See pdf). Document filed by Amy R. Gurvey. Filing fee $ 505.00, receipt number 465401189944. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
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CASHIERS OFFICE REGISTRY DISBURSEMENT as per #418 Memo Endorsement, dated 8/9/2017, from Judge Judge Lorna G. Schofield, on 8/8/2017 disbursed to pay Amy Weissbrod Gurvey $10,040.00 Check No. 01070415 dated 8/18/2017 FEDEX# 810306522762 (cla)
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Filing 418
MEMO ENDORSEMENT on re: #411 Letter request that the $10,000.00 placed in an interest-bearing account be ordered returned, filed by Amy R. Gurvey. ENDORSEMENT: Application GRANTED. Judgment for Defendants having been entered, and pro se Plaintiff's motion for reconsideration having been denied, the Clerk of Court is directed to return the $10,000 plus interest, if any, to pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 8/9/17) (yv)
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Filing 417
ORDER: WHEREAS, on August 1, 2017, Plaintiff moved for reconsideration of the Order. It is hereby ORDERED that Plaintiff's motion is DENIED. The Court disregards the motion and accompanying affidavit to the extent that they contradict the factual allegations in the Complaint and Plaintiff's own prior sworn statements. See Rojas v. Roman Catholic Diocese of Rochester, 660 F.3d 98, 106 (2d Cir. 2011); Moll v. Telesector Res. Grp., Inc., 760 F.3d 198, 205 (2d Cir. 2014). (Signed by Judge Lorna G. Schofield on 8/9/2017) (kgo)
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Filing 416
AFFIDAVIT of Amy R. Gurvey IN SUPPORT OF PLAINTIFF'S MOTION FOR RECONSIDERATION AND RELIEF FROM JUDGMENT(Local Rule 6.3, FRCP RULE 60(b)) re: #415 Letter. Document filed by Amy R. Gurvey. (sc)
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Filing 415
LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey, dated 7/31/17 re: 1)RECONSIDERATION OF 7/6/17 -SJ DECISION & ORDER 2) REFUND OF PLAINTIFF'S $10,000.00 DEPOSIT BECAUSE NO SPECIAL MASTER WAS HIRED. Document filed by Amy R. Gurvey.(sc)
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Filing 414
ORDER: It is hereby ORDERED that Plaintiff's motion for reconsideration need not be reviewed prior to filing by a special master; ORDERED that, no later than August 1, 2017, Plaintiff may file either a motion for reconsideration of the July 6th Order, or a letter stating that she would like the Court to deem her letter filed July 14, 2017 as such a motion. If Plaintiff elects the former, the motion may be made as a formal motion with a memorandum of law not to exceed eight double-spaced pages, or may be made as a letter motion not to exceed 4 single spaced pages. Pro se Plaintiff shall file her motion or letter through the Pro Se Intake Office. ORDERED that Plaintiff's application to modify the Courts' September 17, 2015, Order is denied. Motions due by 8/1/2017. (Signed by Judge Lorna G. Schofield on 7/18/2017) (kgo)
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Filing 413
LETTER addressed to Judge Lorna G. Schofield from Amy Weisbrod Gurvey dated 7/7/17 re: (HEARING 11/29/16 - REFUND OF PLAINTIFF'S $10,000.00 FUNDS/ RECONSIDERATION) - Plaintiff requests that the Court advise if this Court will require a special master to entertain a motion for reconsideration of its summary judgment order entered on 7/6/17. Plaintiff. Document filed by Amy R. Gurvey.(sc)
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Filing 412
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr., Esq. dated July 11, 2017 re: in opposition to plaintiff Amy R. Gurvey's request that the Court modify its order, dated September 17, 2015 [Docket No. 338]. Document filed by Cowan, Liebowitz & Lathman, PC, Christopher Jensen.(Supple, John)
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Filing 411
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey, dated 7/7/17 re: (ORDER OF REFUND OF PLAINTIFF'S $10,000.00 FUNDS) - The plaintiff requests that the $10,000.00 placed in an interest-bearing account be ordered returned etc. Document filed by Amy R. Gurvey.(sc)
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Filing 410
OPINION AND ORDER: It is hereby ORDERED that pro se Plaintiff Amy R. Gurvey shall not call or contact Chambers directly, but instead shall communicate with the Court solely through the Pro Se Office. Plaintiff is reminded that, per the Order dated September 17, 2015, "Plaintiff will receive the balance of the funds she deposited [with the Court], if any, after this case is closed and all appeals have been exhausted." If Plaintiff requires further assistance, she may contact the Legal Assistance Clinic, which is a free legal clinic staffed by attorneys and paralegals to assist those who are representing themselves in civil lawsuits in the Southern District of New York. Additional information about the Legal Assistance Clinic is available on the Southern District of New Yorks website: http://www.nysd.uscourts.gov/prose?clinic. (Signed by Judge Lorna G. Schofield on 7/7/2017) (ras)
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Filing 409
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated July 6, 2017, Defendants' motion for summary judgment is granted and Plaintiff's cross-motions are denied. Any of Plaintiff's claims or arguments not addressed have been considered and rejected; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 7/7/2017) (Attachments: #1 Right to Appeal, #2 Right to Appeal) The Clerks Office Has Mailed Copies. (km)
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Transmission to Docket Assistant Clerk. Transmitted re: #409 Clerk's Judgment to the Docket Assistant Clerk for case processing. (km)
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Terminate Transcript Deadlines (km)
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Mailed a copy of #409 Clerk's Judgment #408 Memorandum & Opinion to Amy R. Gurvey, 315 Highland Avenue, Upper Monclair, NJ 07043. (rro)
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Filing 408
OPINION AND ORDER re: #375 MOTION for Summary Judgment . filed by Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen, William Borchard. Defendants move for summary judgment on the remaining claims of attorney malpractice and breach of fiduciary duty. Plaintiff cross-moves for summary judgment as to a number of claims that are not pending in this case. (As further set forth in this Order.) For the foregoing reasons, Defendants' motion for summary judgment is GRANTED, and Plaintiff's cross-motions are DENIED. Any of Plaintiff's claims or arguments not addressed herein have been considered and rejected. The Clerk of Court is directed to close the motion at Docket No. 375 and close this case. (Signed by Judge Lorna G. Schofield on 7/6/2017) (cf)
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Transmission to Judgments and Orders Clerk. Transmitted re: #408 Memorandum & Opinion to the Judgments and Orders Clerk. (cf)
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Filing 407
LETTER from Amy Weissbrod Gurvey, dated 6/24/17 re: NOTICE OF CHANGE OF EMAIL ADDRESS - Pro Se Investor/Pqtentee Amy Gurvey informs the Court of her new email address as follows: amyg@livefio.com. Document filed by Amy R. Gurvey.(sc) (sc).
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Filing 406
LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey, dated 4/20/17 re: PLAINTIFF'S OPPOSITION AND MOTION FOR SUMMARY JUDGMENT. Document filed by Amy R. Gurvey.(sc)
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Terminate Transcript Deadlines re: #373 . (anc)
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Filing 405
LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey dated 4/8/2017 re: Plaintiff's Opposition and Motion for Summary Judgment. Document filed by Amy R. Gurvey.(sac)
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Filing 404
LETTER addressed to Judge Lorna G. Schofield from Amy R. Weissbrod Gurvey, dated 3/24/17 re: Plaintiff writes in response to a post-submission summary judgment letter from Richard Supple, attorney for the Cowan defendants; and she writes that Mr. Supple has no right to a post submission letter, because he was improperly granted the right to submit expanded affirmations from the Cowan defendants' individual partners and attorneys who did not appear to give testimony at the arbitration in 2009 in defiance of served subpoenas. Document filed by Amy R. Gurvey.(sc)
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Filing 403
LETTER addressed to Judge Lorna G. Schofield from Amy R. Weisbrod Gurvey, dated 3/24/17 re: Plaintiff responds to a post-submission summary judgment letter from Richard Supple, attorney for Cowan defendants; and she writes that this case demonstrates how, with advents in technology, the public will not be able to switch gears and make a living in the current market until the Court mandates complete loyalty and confidentiality by patent attorneys. Document filed by Amy R. Gurvey.(sc)
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Filing 402
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr., Esq. dated March 23, 2017 re: Objection to Plaintiff's Affidavit Reply in Further Support of Plaintiff's Motion for Summary Judgment and in Response to Defendants' Opposition to Plaintiff's Motion dated 3-17-17. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 401
PLAINTIFF PRO SE'S AFFIDAVIT REPLY of Amy R. Gurvey IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND RESPONSE TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION; re: #375 MOTION for Summary Judgment . Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(sc)
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Filing 400
MEMORANDUM OF LAW in Support re: #375 MOTION for Summary Judgment . and In Opposition to Plaintiff's Cross-Motion for Summary Judgment. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Declaration of J. Richard Supple, Jr. in Opposition to Plaintiff's Cross-Motion for Summary Judgment and In Further Support of Defendants' Motion for Summary Judgment, #2 Exhibit 1 to Declaration, #3 Exhibit 2 to Declaration, #4 Exhibit 3 to Declaration, #5 Exhibit 4 to Declaration, #6 Exhibit 5 to Declaration, #7 Defendants' Response to Plaintiff's Rule 56.1 Statement, #8 Affidavit of Service)(Supple, John)
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Filing 399
MEMO ENDORSEMENT on re: #395 Letter re: plaintiff's deadline to file opposition to defendants summary judgment motion, and cross-motion for summary judgment, filed by Clear Channel Communications, Inc., Baila Celedonia, Midge Hyman, Nexticketing, Inc., Instant Live Concerts, LLC, Christopher Jensen, Dale Head, Steve Simon, Cowan, Liebowitz & Lathman, PC, Susan Schick, Michael Gordon, Live Nation, Inc., William Borchard. ENDORSEMENT: Application DENIED as MOOT in light of Plaintiff's memorandum of law in opposition and in support of her cross-motion for summary judgment filed on February 17, 2017, and docketed on February 21, 2017. (Signed by Judge Lorna G. Schofield on 2/22/2017) (cla)
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Filing 395
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr., Esq. dated February 21, 2017 re: plaintiff's deadline to file opposition to defendants summary judgment motion, and cross-motion for summary judgment. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon.(Supple, John)
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Filing 398
(Affirmation)PLAINTIFF'S OPPOSITION TO DEFENDANTS' RULE 56.1 STATEMENT; re: #383 Rule 56.1 Statement. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(sc)
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Filing 397
PLAINTIFF'S RULE 56.1 STATEMENT IN SUPPORT OF PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT. Document filed by Amy R. Gurvey. (sc)
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Filing 396
PLAINTIFF PRO SE'S MEMORANDUM OF LAW IN SUPPORT OF CROSS-MOTION FOR SUMMARY JUDGMENT & IN OPPOSITION TO DEFENDANTS' MOTION-IN-CHIEF. Document filed by Amy R. Gurvey. (sc)
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Filing 394
MEMO ENDORSEMENT on re: #393 Letter, filed by Amy R. Gurvey. ENDORSEMENT: Docket numbers 15-24 were scanned and links were placed on the docket last week. Docket number 25 has not been located, but was originally filed by Plaintiff. (Signed by Judge Lorna G. Schofield on 2/13/2017) (mro)
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Filing 393
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey, dated 2/6/17 re: Plaintiff informs the Court that it has still not replaced Docket #15-25 per the Court's Order #392, impeding the plaintiff's ability to prepare her case; and that these entries are empirically relevant to the patent retainer agreement made by the Cowan defendants in December of 2001 etc. Document filed by Amy R. Gurvey.(sc)
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Filing 392
ORDER: that Plaintiff's motion to correct the record is DENIED as moot. Themajority of the documents that Plaintiff raised in her letter were located and will be scanned and placed on the docket in electronic form. The remaining documents do not appear to be material to the remaining claims at issue in this case -- attorney malpractice and breach of fiduciary duty -- or should not be filed. For example, the arbitration documents mentioned, the pre-arbitration and post-hearing briefs, are not typically filed on the docket because they are submitted to the arbitrator and not to this Court. It is further ORDERED that if there are specific documents cited by Defendants in their motion for summary judgment for which there is a docket entry but which are not available on the docket, Plaintiff may submit a letter, no longer than one page, listing those documents and the citation to the document in Defendants' summary judgment papers. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge Lorna G. Schofield on 1/31/2017) (anc)
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Transmission to Docket Assistant Clerk. Transmitted re: #392 Order to the Docket Assistant Clerk for case processing. (anc)
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Mailed a copy of #392 Order to Amy R. Gurvey 315 Highland Avenue Upper Montclair, NJ 07043. (rro)
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Filing 391
LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey dated 1/19/17 re: MOTION TO RECONSTRUCT/ CORRECT RECORD FRAP RULE 10(e). Document filed by Amy R. Gurvey.(sc)
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Mailed a copy of #390 Order to Amy R. Gurvey 315 Highland Avenue Upper Montclair, NJ 07043 with Return Receipt Requested. (rro)
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Filing 390
ORDER: It is hereby ORDERED that Plaintiff's request to extend her deadline to file her opposition and cross-motion for summary judgment is DENIED. The briefing schedule so ordered on December 1, 2016, established a generous briefing period and gives Plaintiff more than six weeks to prepare and file her opposition and cross-motion for summary judgment. The briefing deadlines shall be adhered to strictly. ORDERED that Defendants' request to sanction Plaintiff is DENIED. Plaintiff's request is for an extension to her briefing deadline, not a request to file a motion to disqualify, and sanctions are not warranted at this time. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 1/19/2017) (kgo)
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Filing 389
LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey, dated 1/19/17 re: SUMMARY JUDGMENT SCHEDULING ORDER/ RESPONSE TO SUPPLE'S EMAIL LETTER RESPONSE - DOCKET #388. Document filed by Amy R. Gurvey.(sc)
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Transmission to Docket Assistant Clerk. Transmitted re: #390 Order,,,, to the Docket Assistant Clerk for case processing. (kgo)
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Filing 388
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated 01/18/2017 re: in response to Plaintiff's Letter dated 01/16/2017. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 387
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey, dated 1/16/17 re: (SUMMARY JUDGMENT SCHEDULING ORDER) - Plaintiff requests a four-week extension to research and submit the State Briefs and file her Cross-Motion for Summary Judgment and opposition to the Cowan defendants' moving papers. Document filed by Amy R. Gurvey.(sc)
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Filing 386
MEMO ENDORSEMENT on re: #385 Letter, filed by Amy R. Gurvey. ENDORSEMENT: This letter will be disregarded because it does not comply with the Court's previous Orders. During the conference on November 29, 2016, Plaintiff raised the issue of whether counsel for Defendants must be disqualified. Plaintiff was informed that if she wanted to file a motion to disqualify, the Court would appoint a special master, which would begin to use the $10,000 in funds that Plaintiff was required to deposit, as set forth in the Orders dated September 17, 2015, and October 17, 2016. At the conference, Plaintiff represented that she only sought to file a response to Defendants' motion for summary judgment and file cross-motion for summary judgment. Consequently, the Court did not appoint a special master. If Plaintiff seeks to file additional motions, Plaintiff shall seek permission from the Court so that the Court may appoint a special master. Plaintiff is warned that continued failure to comply with the Court's Orders may result in prejudice or additional sanctions. (Signed by Judge Lorna G. Schofield on 1/11/2017) (kgo)
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Filing 385
LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey dated 1/8/2017 re: Plaintiff respectfully submits the instant addendum based on the governing change in the Judiciary Law 1240 relevant to the issues discussed at the conference in the lawsuit held on November 29, 2016. Document filed by Amy R. Gurvey.(rdz)
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Filing 384
MEMORANDUM OF LAW in Support re: #375 MOTION for Summary Judgment . . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 383
RULE 56.1 STATEMENT. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 382
AFFIDAVIT of Susan Gordan in Support re: #375 MOTION for Summary Judgment .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 381
DECLARATION of William Borchard in Support re: #375 MOTION for Summary Judgment .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 380
DECLARATION of Baila Celedonia in Support re: #375 MOTION for Summary Judgment .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 379
DECLARATION of Midge Hyman in Support re: #375 MOTION for Summary Judgment .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 378
DECLARATION of J. Christopher Jensen in Support re: #375 MOTION for Summary Judgment .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Supple, John)
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Filing 377
DECLARATION of Mark Montague in Support re: #375 MOTION for Summary Judgment .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Supple, John)
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Filing 376
DECLARATION of J. Richard Supple, Jr. in Support re: #375 MOTION for Summary Judgment .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Supple, John)
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Filing 375
MOTION for Summary Judgment . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 374
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Hearing proceeding held on 4/29/2015 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(jwh)
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Filing 373
TRANSCRIPT of Proceedings re: Hearing held on 4/29/2015 before Magistrate Judge Henry B. Pitman. Court Reporter/Transcriber: Shari Riemer, (518) 581-8973. 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. Redaction Request due 1/25/2017. Redacted Transcript Deadline set for 2/6/2017. Release of Transcript Restriction set for 4/4/2017.(jwh) Modified on 4/12/2017 (anc).
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Mailed a copy of #372 Order on Motion for Leave to File Excess Pages, to Amy R. Gurvey. (vj)
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Filing 372
ORDER granting #369 Letter Motion for Leave to File Excess Pages. It is hereby ORDERED that Defendants application submitted on December 21, 2016, is GRANTED. Defendants -- and Plaintiff -- each may submit up to nine (9) declarations. Each declaration shall not to exceed ten (10) double-spaced pages. Defendants -- and Plaintiff -- each may submit up to twenty-five (25) exhibits provided that the exhibits collectively per side do not exceed 225 pages in total. Plaintiff will have the opportunity to respond to the merits of the Defendants' submissions in her opposition and cross-motion for summary judgment. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 1/3/2017) (kgo)
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Transmission to Docket Assistant Clerk. Transmitted re: #372 Order on Motion for Leave to File Excess Pages,,,, to the Docket Assistant Clerk for case processing. (kgo)
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Filing 371
LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey, dated 12/23/16 re: RESPONSE TO RICHARD SUPPLE'S LETTER APPLICATION RE EXPANDED EXHIBITS, AD ORDER ENTERED 4/21/16 & SUPREME NY INDEX NO. 100163-2015. Document filed by Amy R. Gurvey.(sc)
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Filing 370
MEMO ENDORSEMENT with respect to #369 Letter Motion for Leave to File Excess Pages. ENDORSEMENT: Plaintiff shall file any response to this letter no later than December 27, 2016. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 12/21/2016) (kgo)
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Filing 369
LETTER MOTION for Leave to File Excess Pages requesting permission to submit nine total declarations and twenty-five total exhibits in support of defendants' summary judgment motion, due to be filed on or before January 4, 2017. addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr., Esq. dated December 20, 2016. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 368
ORDER: Defendants shall file any motion for summary judgment, not to exceed thirty (30) pages, by January 4, 2017. Plaintiff shall file her opposition and cross-motion for summary judgment, not to exceed thirty-five (35) pages, by February 17, 2017. Defendants shall file their reply and opposition to Plaintiff's cross-motion for summary judgment, not to exceed ten (10) pages, by March 3, 2017. Plaintiff shall file her reply in support of its cross-motion, not to exceed five (5) pages, by March 17, 2017, and as further set forth in this order. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Cross Motions due by 2/17/2017. Motions due by 1/4/2017. Responses due by 3/3/2017. Replies due by 3/17/2017.) (Signed by Judge Lorna G. Schofield on 12/1/2016) (tn)
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Transmission to Docket Assistant Clerk. Transmitted re: #368 Order, to the Docket Assistant Clerk for case processing. (tn)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Pre-Motion Conference held on 11/29/2016. (Court Reporter Khris Sellin) (Lewis, Barton)
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Filing 367
ORDER: It is hereby ORDERED that Plaintiff's letter received by the Court on November 8, 2016, is accepted even though it was received one day late, and her request to adjourn the due date for said letter is therefore GRANTED nunc pro tunc. It is further ORDERED that the conference currently scheduled for November 15, 2016, is adjourned to November 29, 2016, at 5:00 p.m. It is further ORDERED that Defendants shall email a copy of this Order to the pro se Plaintiff. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. Pre-Motion Conference set for 11/29/2016 at 05:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/10/2016) (kgo)
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Transmission to Docket Assistant Clerk. Transmitted re: #367 Scheduling Order,,, to the Docket Assistant Clerk for case processing. (kgo)
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Mailed a copy of #367 Scheduling Order, to Amy Weissbrod Gurvey.(sbr)
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Filing 366
LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey re: Plaintiff requests that the Court, based on the foregoing(as indicated), deny the defendants' application to move for summary judgment; that the plaintiff's application to move for summary judgment be granted; and that the defendants' choices for special master be rejected. Document filed by Amy R. Gurvey.(sc)
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Filing 365
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated November 7, 2016 re: Response to Plaintiff's Request for a one week adjournment of time to respond to defendants' letter request for permission to make a summary judgment motion and further request to postpone the now-scheduled 11-15-16 hearing. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon.(Supple, John)
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Filing 364
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey dated 11/4/16 re: Plaintiff requests that the Court grant her a one week adjournment of both the 11/7/16 letter response date and 11/15/16 conference date on Defense Attorney Richard Supple's letter that he intends to move for summary judgment; and that Mr. Supple's letter states that he is available 11/14/16, 11/15/16, and 11/21/16-11/23/16 or any day during the week of 11/28/16 etc. Document filed by Amy R. Gurvey.(sc)
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Filing 363
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated November 4, 2016 re: Pursuant to Your Honor's order of 10-17-16. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon.(Supple, John)
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Mailed a copy of #362 Order, Set Hearings, to Amy R. Gurvey 315 Highland Avenue Upper Montclair, NJ 07043. (ca)
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Filing 362
ORDER: ORDERED that the Opinion is hereby amended to provide that Plaintiff may file (i) a responsive submission, (ii) any request for additional time or for an adjournment, or (iii) any submission specifically ordered by the Court, without submitting it to the special master. ORDERED that Plaintiff shall file a response to Defendant's pre-motion letter no later than November 7, 2016, which shall comply with the Court's Individual Rule III.A.1, and which shall include a description of any cross-motion for summary judgment that Plaintiff may seek to file (which cross-motion, if any, shall be deemed a responsive filing). ORDERED that a pre-motion conference shall be held on November 15, 2016, at 5:00 p.m. In accordance with Federal Rule of Civil Procedure 53(b)(1), the Court hereby GIVES NOTICE of its intent to appoint a Special Master who, after becoming familiar with the case, will review any proposed motions or other submissions by Plaintiff not excluded by the amendment to the Opinion above and will determine whether such submissions are frivolous or otherwise patently improper. ORDERED that the parties shall file any suggestion of candidates who are willing to be appointed and any other comment regarding this notice of intent no later than November 7, 2016. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff and to deliver a copy to the Pro Se Intake Unit in Room 200 at the Daniel Patrick Moynihan United States Courthouse. (As further set forth in this Order) (Pre-Motion Conference set for 11/15/2016 at 05:00 PM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/17/2016) (kl)
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Transmission to Docket Assistant Clerk. Transmitted re: #362 Order, Set Hearings, to the Docket Assistant Clerk for case processing. (kl)
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Filing 361
AFFIDAVIT OF SERVICE of Letter to the Honorable Lorna G. Schofield from J. Richard Supple, Jr. dated October 13, 2016 served on Amy R. Gurvey, Plaintiff Pro Se on October 13, 2016. Service was made by Overnight Mail. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon. (Supple, John)
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Filing 360
LETTER addressed to Judge Lorna G. Schofield from Richard Supple dated October 13, 2016 re: Requesting that the Court schedule a pre-motion conference. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon.(Supple, John)
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CASHIERS OFFICE CRIS DEPOSIT dated 9/17/15, from Judge Judge Lorna G. Schofield, $10,000.00 from AMY WEISSBROD deposited on 9/16/16, Receipt Number 465401162237 and placed into CRIS on 9/21/16. (dig)
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Filing 359
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple dated 09/19/2016 re: Plaintiff's failure to comply with the September 17, 2015 Sanctions Order. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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***DELETED DOCUMENT. Deleted document number #359 Motion for Leave to Appeal. The document was incorrectly filed in this case. (sc)
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Mailed a copy of #358 Order, to Amy R. Gurvey 315 Highland Avenue Upper Montclair, NJ 07043. (ca)
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Filing 358
ORDER. It is hereby ORDERED that Defendants March 22 application is DENIED. Pursuant to the September Order, this case will be dismissed if Plaintiff fails to deposit $10,000 by September 17, 2016. It is further ORDERED that in light of the September Opinion barring Plaintiff from filing submissions without approval by the special master, any submission to the Court that does not comply with the September Opinion will be disregarded. Defendants need not respond to any filings that fail to comply with the September Order. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 3/23/2016) (rjm)
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Transmission to Docket Assistant Clerk. Transmitted re: #358 Order to the Docket Assistant Clerk for case processing. (rjm)
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Filing 357
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey dated 3/23/16 re: REPLY TO COWAN AND RICHARD SUPPLE, ESQ. LETTER OPPOSITION(DKT #356). Document filed by Amy R. Gurvey.(sc)
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Filing 356
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated 03/22/2016 Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 355
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey, dated 3/21/16 re: Plaintiff writes in response to docket entry #354; that the plaintiff contends that there are no grounds for the Court to attempt to enforce a previous motion after jurisdiction of the Court was already lacking; and that there are no grounds to charge the plaintiff for the Court's reversible error in not remanding this case 2 1/2 years ago. Document filed by Amy R. Gurvey.(sc) Modified on 3/22/2016 (sc).
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Mailed a copy of #354 Order on Motion to Remand to State Court, to Amy R. Gurvey 315 Highland Avenue Upper Montclair, NJ 07043. (ca)
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Filing 354
ORDER denying #353 Motion to Remand to State Court. It is hereby ORDERED that Plaintiff's motion filed on March 15, 2016 is DENIED. In filing this motion, Plaintiff has failed to comply with the procedures outlined in the September Order. Plaintiff is again directed to review and comply with the September Opinion. Plaintiff is warned that continued failure to comply with Court Orders may result in additional sanctions or other prejudice. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff and to terminate docket number 353. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 3/18/2016) (kgo)
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Transmission to Docket Assistant Clerk. Transmitted re: #354 Order on Motion to Remand to State Court,,, to the Docket Assistant Clerk for case processing. (kgo)
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Filing 353
NOTICE OF MOTION; re: to Remand Case to State Court etc. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(sc)
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Filing 352
ORDER denying #351 Letter Motion to Reopen Case. Application DENIED. To the extent Plaintiff seeks reconsideration of the Opinion and Order dated September 17, 2015 ("September Opinion"), that motion is untimely. Local Rule 6.3 states that "a notice of motion for reconsideration...shall be served within fourteen (14) days after the entry of the Court's determination...." Plaintiff's letter also does not present any meritorious argument for vacating the September Opinion. Plaintiff's remaining requests are denied as this case is stayed until Plaintiff complies with the September Opinion. Plaintiff is directed to review and comply with the September Opinion. Among other things, the September Opinion revokes Plaintiff's ECF filing privileges and requires her to make all filings through the Pro Se Office. (Signed by Judge Lorna G. Schofield on 2/11/2016) (mro)
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Filing 351
LETTER MOTION to Reopen Case addressed to Judge Lorna G. Schofield from Amy Gurvey Plaintiff pro se dated FEb 9 2016. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Governors Chamber & AD #5775, #2 Exhibit USPTO Gen Counsel Cowan Investigation 2014, #3 Exhibit Supreme NY Order Compelling Squitieri's files 102516/2013, #4 Exhibit Squitieri withholding emails Jan 2013, #5 Exhibit Arbitration Award ag Cowan 2009, #6 Exhibit 2d Cir order 2-10-12)(Weissbrod, Amy)
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Filing 350
MANDATE of USCA (Certified Copy) as to #343 Notice of Appeal filed by Amy R. Gurvey. USCA Case Number 15-3049. Appellant, pro se, moves to consolidate this appeal with In re Amy R. Gurvey, 2d Cir. 15-2724. This Court has determined sua sponte that it lacks jurisdiction over this appeal because a final order has not been issued by the district court as contemplated by 28 U.S.C. 1291, and the orderappealed from does not fall within the collateral order doctrine. See Securities & Exch. Comm'n v. Smith, 710 F.3d 87, 96 (2d Cir. 2013) (holding that an order imposing sanctions under Fed. R. Civ. P. 11 does not fall within the collateral order doctrine). Upon due consideration, it is hereby ORDERED that the appeal is DISMISSED. It is further ORDERED that Appellant's motion is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/21/2016. (nd)
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Filing 349
MANDATE of USCA (Certified Copy) USCA Case Number 15-2724. Petitioner, pro se, has filed a petition for a writ of mandamus and moves to consolidate this proceeding with the appeal in Gurvey v. Cowan, Liebowitz & Latman PC, 2d Cir. 15-3049. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated a judicial usurpation of power or clear abuse of discretion to justify issuance of the writ. See In re Zyprexa Prods. Liab. Litig., 594 F.3d 113, 118-19 (2d Cir. 2010). It is further ORDERED that the motion to consolidate is DENIED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 01/21/2016. (nd)
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Filing 344
MANDATE of USCA (Certified Copy) as to #327 Notice of Interlocutory Appeal,, filed by Amy R. Gurvey. USCA Case Number 15-2703. Appellant moves to withdraw her appeal pursuant to FRAP 42(b). IT IS HEREBY ORDERED that the motion is GRANTED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/05/2015. (nd)
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Filing 343
NOTICE OF APPEAL from #338 Memorandum & Opinion. Document filed by Amy R. Gurvey. Filing fee $ 505.00, receipt number 465401135865. Form D-P is due within 14 days to the Court of Appeals, Second Circuit. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #343 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #343 Notice of Appeal filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals. (tp)
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Filing 342
MEMO ENDORSEMENT on re: #341 LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey, dated 9/17/15 re: Plainitff advises the Court that the plaintiff moves for a stay of the instant proceedings pending adjudication before the state courts of New York as to whether ther e existed collusion between the plaintiff's previous lawyer, Lee Squitieri Esq., and defense counsel who were partners at Hinshaw & Culbertson, LLP, and previously held NYS executive DDC and ethics positions. Document filed by Amy R. Gurvey. ENDORSEMENT: As this case is stayed by the Opinion and Order dated September 17, 2015 ("September 17 Opinion"), this filing will not be considered. Plaintiff is directed to review and comply with the September 17 Opinion. (Signed by Judge Lorna G. Schofield on 9/23/2015) (rjm)
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Filing 341
LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey, dated 9/17/15 re: Plainitff advises the Court that the plaintiff moves for a stay of the instant proceedings pending adjudication before the state courts of New York as to whether there existed collusion between the plaintiff's previous lawyer, Lee Squitieri Esq., and defense counsel who were partners at Hinshaw & Culbertson, LLP, and previously held NYS executive DDC and ethics positions. Document filed by Amy R. Gurvey.(sc)
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Filing 340
ORDER: In light of Judge Schofield's Order dated September 17, 2015 (Docket Item 338), plaintiff is ORDERED not to make any submissions directly to my chambers either by fax, mail, courier or in any other manner that does not comply with Judge Schofield's Order. Any submissions delivered to my chambers that have not been approved for filing by the special master and have not been filed through the Pro Se Office will not be considered and will be discarded. (Signed by Magistrate Judge Henry B. Pitman on 9/18/2015) Copies Sent By Chambers. (spo)
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Filing 339
ORDER: WHEREAS, a pre-motion conference has been scheduled for September 29, 2015. It is hereby ORDERED that, in light of the Order and Opinion dated September 17, 2015, the conference is canceled, and the pre-motion letters are construed as motions and denied as moot. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 9/18/2015) (kgo)
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Case Stayed. (rjm)
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Filing 338
OPINION AND ORDER re: #224 MOTION for Sanctions Fed. R. Civ. P. 11(b)(1), (2) and (3). filed by Clear Channel Communications, Inc., Baila Celedonia, Midge Hyman, Nexticketing, Inc., Instant Live Concerts, LLC, Christopher Jensen, Dale Head, Does, Steve Simon, Cowan, Liebowitz & Lathman, PC, Susan Schick, Michael Gordon, Live Nation, Inc., William Borchard, #294 MOTION for Sanctions Pursuant to Fed. R. Civ.P.11(b)(1), (2) and (3). filed by Baila Celedonia, Midge Hyman, Christopher Jensen, Cowan, Liebowitz & Lathman, PC, William Borchard, #223 MOTION for Sanctions Federal Rule of Procedure Rule 11(b)(1) and (2). filed by Clear Channel Communications, Inc., Baila Celedonia, Midge Hyman, Nexticketing, Inc., Instant Live Concerts, LLC, Christopher Jensen, Dale Head, Does, Steve Simon, Cowan, Liebowitz & Lathman, PC, Susan Schick, Michael Gordon, Live Nation, Inc., William Borchard. For the foregoing reasons, the Report's recommendation that Plaintiff be sanctioned by requiring her to pay $20,000 to the Clerk of Court is REJECTED, and the sanctions outlined in numbered paragraphs 1 through 10 above are imposed. The remainder of the Report is ADOPTED. The Clerk of Court is respectfully directed to close Docket Numbers 223, 224 and 294. (As further set forth in this Opinion.) (Signed by Judge Lorna G. Schofield on 9/17/2015) (kgo)
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Filing 337
MEMO ENDORSEMENT on re: #334 Letter filed by Amy R. Gurvey. ENDORSEMENT: This letter is not responsive to Defendants' letter brief dated August 25, 2015, which seeks an injunction against Plaintiff, and exceeds the three-page limit set by the August 27, 2015, Order. Accordingly, it will not be considered by this Court. To the extent Plaintiff attempts to raise new motions, Plaintiff shall direct those motions to Judge Pitman in the first instance. (Signed by Judge Lorna G. Schofield on 9/14/2015) (kgo)
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Filing 336
ORDER PERMITTING FRANZBLAU DRATCH, P.C. TO WITHDRAW AS COUNSEL FOR PLAINTIFF granting #335 Letter Motion to Substitute Attorney. It is hereby ORDERED that FRANZBLAU DRATCH, P.C. be and is hereby discharged as counsel for plaintiff; and it is further ORDERED that plaintiff, Amy R. Gurvey will appear pro se as of the date of this Order. (As further set forth in this Order.) Attorney Brian Michael Dratch terminated. (Signed by Judge Lorna G. Schofield on 9/14/2015) (kgo)
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Filing 335
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - LETTER MOTION to Substitute Attorney. Old Attorney: Brian M. Dratch, New Attorney: Amy Gurvey, Pro se addressed to Judge Lorna G. Schofield from Brian M. Dratch, Esq. dated 9/11/15. Document filed by Amy R. Gurvey. (Attachments: #1 Text of Proposed Order)(Dratch, Brian) Modified on 9/14/2015 (db).
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Filing 334
FIRST LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey Plaintiff pro se dated 9/10/2015 re: Opp to Def Preclusion Order. Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 333
FIRST LETTER addressed to Judge Lorna G. Schofield from Amy R. WeissbrodGurvey dated August 28 2015 re: Discharge Franzblau Dratch. Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 332
ORDER granting #330 Letter Motion for Extension of Time to File Response to Def App for Injunction and to Adjourn Conf of Sept 1. Application GRANTED. Plaintiff's response to Defendants' letter brief dated August 25, 2015 (Dkt. No. 328) is hereby extended to September 10, 2015. Plaintiff's response shall be in the form of a letter brief not to exceed three pages. The conference scheduled for September 1, 2015, is hereby adjourned to September 29, 2015, at 11:10 a.m. Any request to withdraw as attorney of record shall comply with Local Civil Rule 1.4. (Signed by Judge Lorna G. Schofield on 8/27/2015) (kgo)
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Filing 331
LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated August 27, 2015 re: #330 FIRST LETTER MOTION for Extension of Time to File Response to Def App for Injunction and to Adjourn Conf of Sept 1 addressed to Judge Lorna G. Schofield from Amy R.WeissbrodGurvey dated August 25 2015. . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Set/Reset Hearings: Pre-Motion Conference set for 9/29/2015 at 11:10 AM before Judge Lorna G. Schofield. (kgo)
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Filing 330
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST LETTER MOTION for Extension of Time to File Response to Def App for Injunction and to Adjourn Conf of Sept 1 addressed to Judge Lorna G. Schofield from Amy R.WeissbrodGurvey dated August 25 2015. Document filed by Amy R. Gurvey. Return Date set for 8/27/2015 at 11:59 PM.(Weissbrod, Amy) Modified on 8/27/2015 (ldi).
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Filing 329
MEMO ENDORSEMENT on re: #328 Letter Court's permission to move for a filing injunction, filed by Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen, William Borchard. ENDORSEMENT: Any response shall be filed by counsel only no later than August 27, 2015, and shall be in the form of a letter brief not to exceed three pages. This contemplated motion will be addressed at the conference scheduled for September 1, 2015. (Signed by Judge Lorna G. Schofield on 8/25/2015) (spo)
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Filing 328
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated August 25, 2015 re: Court's permission to move for a filing injunction. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 327
NOTICE OF INTERLOCUTORY APPEAL from #313 Memorandum & Opinion, #314 Memorandum & Opinion,. Document filed by Amy R. Gurvey. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Supplement Combined 2d Cir Petition& Notice Interloc Appeal SDNY Docket 313, 314, #2 Exhibit Writ of Replevin Sup NY 102516/2012 May 6 2013, #3 Exhibit SDNY Decision of Arbitrator Aug 4 2009, #4 Exhibit Def counsel Supple Ex Parte Appl Withdrawing Arbitration Jan 30 2008, #5 Exhibit Sup NY OSC Disqual Hinshaw & Culbertson Pending Sig Aug 24 2015)(Weissbrod, Amy)
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Filing 326
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated August 24, 2015 re: response to plaintiff's letter dated August 17, 2015 #323 . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Appeal Fee Due: for #327 Notice of Interlocutory Appeal,,.$505.00 Appeal fee due by 9/8/2015. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #327 Notice of Interlocutory Appeal,,. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #327 Notice of Interlocutory Appeal,, filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals. (nd)
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Filing 325
ORDER denying #270 Motion to Compel; denying #271 Motion for Sanctions; denying #248 Motion. Accordingly, Docket Items 248, 270 and 271 are all denied without prejudice to renewal if Judge Schofield rejects my July 24, 2015 Report and Recommendation or if plaintiff otherwise retains the right to pursue her remaining claims. If renewal is appropriate, the parties can renew their motions by simply filing a letter expressing such an intent. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 8/20/2015) Copies Sent By Chambers. (lmb)
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Filing 324
OPPOSITION BRIEF re: #319 Notice (Other) . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 323
LETTER addressed to Judge Lorna G. Schofield from Brian M. Dratch, Esq. dated 8/17/15 re: Request to File Motions. Document filed by Amy R. Gurvey.(Dratch, Brian)
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Filing 322
MEMO ENDORSEMENT on re: #320 Letter filed by Amy R. Gurvey. ENDORSEMENT: By August 17, 2015, Plaintiff shall file a letter brief not to exceed four pages explaining the legal and other grounds for the motion / appeals. By August 24, 2015, Defendants shall file a response in the form of a letter brief not to exceed four pages. A premotion conference will be held Sept 1, 2015 at 10:50 AM. (Pre-Motion Conference set for 9/1/2015 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/10/2015) (kgo)
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Filing 321
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated August 10, 2015 re: response to plaintiff's letter requesting a "briefing schedule" Docket Entry #320 . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 320
LETTER addressed to Judge Lorna G. Schofield from Brian M. Dratch, Esq. dated 8-10-15 re: status conference and/or briefing schedule. Document filed by Amy R. Gurvey.(Dratch, Brian)
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Filing 319
NOTICE of Objections to Report and Recommendation of Judge Pitman dated July 24, 2015 re: #318 Report and Recommendations,,,,,,. Document filed by Amy R. Gurvey. (Dratch, Brian)
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Filing 348
INTERNET CITATION NOTE: Material from decision with Internet citation re: #318 Report and Recommendations. (Attachments: #1 internet citation) (fk)
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Filing 347
INTERNET CITATION NOTE: Material from decision with Internet citation re: #318 Report and Recommendations. (Attachments: #1 internet citation) (fk)
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Filing 318
REPORT AND RECOMMENDATION re: #224 MOTION for Sanctions Fed. R. Civ. P. 11(b)(1), (2) and (3). filed by Clear Channel Communications, Inc., Baila Celedonia, Midge Hyman, Nexticketing, Inc., Instant Live Concerts, LLC, Christopher Jensen, Dale Head, Does, Steve Simon, Cowan, Liebowitz & Lathman, PC, Susan Schick, Michael Gordon, Live Nation, Inc., William Borchard, #294 MOTION for Sanctions Pursuant to Fed. R. Civ.P.11(b)(1), (2) and (3). filed by Baila Celedonia, Midge Hyman, Christopher Jensen, Cowan, Liebowitz & Lathman, PC, William Borchard, #223 MOTION for Sanctions Federal Rule of Procedure Rule 11(b)(1) and (2). filed by Clear Channel Communications, Inc., Baila Celedonia, Midge Hyman, Nexticketing, Inc., Instant Live Concerts, LLC, Christopher Jensen, Dale Head, Does, Steve Simon, Cowan, Liebowitz & Lathman, PC, Susan Schick, Michael Gordon, Live Nation, Inc., William Borchard. Accordingly, I respectfully recommend that defendants' motions for sanctions (Docket Items 223, 224 and 294) be granted to the extent that a sanction of $20,000 be imposed on plaintiff, payable to the Clerk of the Court and that this action be stayed until plaintiff pays the sanction. I further recommend that if plaintiff fails to pay the sanction within one year, the action be dismissed with prejudice. Objections to R&R due by 8/10/2015. (Signed by Magistrate Judge Henry B. Pitman on 7/24/2015) Copies Sent By Chambers. (lmb)
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Filing 317
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from J. Richard Supple, Jr. dated 7/21/2015 re: Defendants respectfully request that their time to request the above-referenced motion conference be extended until August 31, 2015. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 7/23/2015) (lmb)
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Filing 316
ORDER denying #315 Letter Motion for Conference. Application DENIED without prejudice to renewal after orders have issued regarding the above-referenced motions for sanctions. (Signed by Judge Lorna G. Schofield on 7/23/2015) (kl)
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Filing 315
LETTER MOTION for Conference pre-motion addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated July 22, 2015. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 314
OPINION AND ORDER #105711 re: #281 FIRST MOTION to Disqualify Judge . filed by Amy R. Gurvey. Accordingly, for all the foregoing motions, plaintiff's motion to have me recuse myself from this matter (Docket Item 281) is denied in all respects. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 7/21/2015) Copies Sent By Chambers. (lmb) Modified on 7/29/2015 (soh).
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Filing 313
OPINION AND ORDER #105712 re: #207 MOTION for Leave to File Sixth Amended Complaint filed by Amy R. Gurvey. Accordingly, for all the foregoing reasons, plaintiff's motion to file a Sixth Amended Complaint (Docket Item 207) is denied in all respects. (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 7/21/2015) Copies Sent By Chambers. (lmb) Modified on 7/29/2015 (soh).
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Filing 312
MANDATE of USCA (Certified Copy) as to #303 Notice of Appeal, filed by Amy R. Gurvey, #214 Notice of Interlocutory Appeal filed by Amy R. Gurvey. USCA Case Number 14-0960(L); 15-0285(con). Appellant, pro se, moves for in forma pauperis status and to stay the appeals pending adjudication of her pending motions in district court. This Court has determined sua sponte that it lacks jurisdiction over these appeals because a final order has not been issued by the district court as contemplated by 28 U.S.C. 1291. See Coopers & Lybrand v. Livesay, 437 U.S. 463, 467 (1978). Upon due consideration, it is hereby ORDERED that the appeals are DISMISSED. It is further ORDERED that Appellant's motions are DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/06/2015. (nd)
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Filing 311
ORDER: A conference having been held in this matter on April, 29, 2015, during which discovery and scheduling matters were discussed, for the reasons stated on the record in open court, it is hereby ORDERED that: 1. Plaintiff's motion to reopen discovery is denied. 2. The deadline for initiating the procedures required by Judge Schofield's rules to make a dispositive motion is extended to July 30, 2015. (Signed by Magistrate Judge Henry B. Pitman on 4/30/2015) Copies Sent By Chambers. (lmb)
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Status Conference held on 4/29/2015. (bh)
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A status conference is set for 4/29/2015 at 02:30 PM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman. (bh)
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Filing 310
LETTER MOTION for Conference addressed to Magistrate Judge Henry B. Pitman from Brian M. Dratch, Esq. dated 4/14/15. Document filed by Amy R. Gurvey.(Dratch, Brian)
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Filing 309
NOTICE OF APPEARANCE by Brian Michael Dratch on behalf of Amy R. Gurvey. (Dratch, Brian)
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Filing 308
MEMO ENDORSEMENT on re: #307 Letter re: Status Conference/Notice of Appearance, filed by Amy R. Gurvey. ENDORSEMENT: Unless and until counsel enter an appearance he has no standing to seek any relief. (Signed by Magistrate Judge Henry B. Pitman on 3/25/2015) (kko)
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Filing 307
LETTER addressed to Magistrate Judge Henry B. Pitman from Brian M. Dratch, Esq. dated 3/24/15 re: Status Conference/Notice of Appearance. Document filed by Amy R. Gurvey.(Dratch, Brian)
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Filing 306
LETTER from Amy Gurvey dated 2/25/15 re: Plaintiff informs the Court that, in spite of Judge Schofield's October, 2014 Order, no adjudication of Plaintiff's 6AC has yet been forthcoming from the Magistrate Judge; and that Magistrate Judge Pitman is thereby contended to be defying a Second Circuit order that reversed sua sponte dismissal of Cowan defendants in the first half of the case. Document filed by Amy R. Gurvey.(sc)
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Filing 305
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from J. Richard Supple, Jr. dated 2/19/2014 re: Counsel to defendants request that the time to make dispositive motions be extended to 4/30/2015. ENDORSEMENT: APPLICATION GRANTED. (Motions due by 4/30/2015.) (Signed by Magistrate Judge Henry B. Pitman on 2/20/2015) (tn)
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Filing 304
FILING ERROR - DUPLICATE DOCKET ENTRY - FIRST NOTICE OF INTERLOCUTORY APPEAL from #301 Order on Motion for Leave to Appeal in forma pauperis,, #302 Memorandum & Opinion,. Document filed by Amy R. Gurvey. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit Notice of Interlocutory Appeal Docket Nos. 310 302, #2 Exhibit 2d Cir Motion to Appear In forma Pauperis, #3 Exhibit Supreme NY Index No 100163-2015, #4 Exhibit Exhibits Supreme NY Index No. 100163-2015)(Weissbrod, Amy) Modified on 2/3/2015 (tp).
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***NOTE TO ATTORNEY REGARDING DEFICIENT APPEAL. Note to Attorney We issbrod, Amy to RE-FILE Document No. #304 Notice of Interlocutory Appeal. Duplicate Filing. Ignore or Re-file the document and select the appropriate Appeal event. (tp)
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Filing 303
FIRST NOTICE OF APPEAL from #302 Memorandum & Opinion, #301 Order on Motion for Leave to Appeal in forma pauperis,,. Document filed by Amy R. Gurvey. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Weissbrod, Amy)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #303 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #303 Notice of Appeal, filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals. (tp)
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Filing 302
OPINION AND ORDER re: #277 MOTION for Reconsideration re; #269 Order on Motion to Remand to State Court,, Order on Motion for Certificate of Appealability,. filed by Amy R. Gurvey. For the foregoing reasons herein, Plaintiff's Motion is DENIED. The Clerk of Court is directed to close the motion at Docket No. 277. (Signed by Judge Lorna G. Schofield on 1/28/2015) (kgo)
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Filing 301
MEMO ENDORSEMENT denying #291 Motion for Leave to Appeal in forma pauperis. ENDORSEMENT: APPLICATION DENIED. Plaintiff seeks to appeal the Court's Order dated September 3, 2014 (Docket No. 269), various orders and actions of Judge Pitman, and various actions of Defendants and their counsel. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Lorna G. Schofield on 1/21/2015) (mro)
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Filing 300
FIRST LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey Plaintiff pro se dated January 11 2015 re: Stay. Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #299 FIRST MOTION to Stay Pending Adjudication of Plaintiffs 6AC and Motion to Compel Cowan Defendants' Production of Documents. Use the event type Letter found under the event list Other Documents. (db)
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Filing 299
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Stay Pending Adjudication of Plaintiffs 6AC and Motion to Compel Cowan Defendants' Production of Documents. Document filed by Amy R. Gurvey.(Weissbrod, Amy) Modified on 1/12/2015 (db).
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Filing 298
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from J. Richard Supple, Jr. dated 12/15/2014 re: The parties' time to make dispositive motions expires on January 23, 2015. I write to request that this date be extended to February 23, 2015. ENDORSEMENT: Application granted., ( Motions due by 2/23/2015.) (Signed by Magistrate Judge Henry B. Pitman on 1/7/2015) (lmb)
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Filing 297
AFFIDAVIT OF SERVICE of Notice of Motion for Sanctions Pursuant to Fed.R.Civ.P.11(b)(1), (2) and (3), Declaration of J. Richard Supple in Opposition to Plaintiff's Motion to Disqualify Judge and In Support of Motion for Sanctions and Memorandum of Law in Opposition to Plaintiff's Motion to Disqualify Judge and In Support of Motion for Sanction served on Amy R. Gurvey on 12/23/14. Service was made by ECF and Overnight Mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 296
MEMORANDUM OF LAW in Opposition re: #281 FIRST MOTION to Disqualify Judge ., #294 MOTION for Sanctions Pursuant to Fed. R. Civ.P.11(b)(1), (2) and (3). in Support. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 295
DECLARATION of J. Richard Supple, Jr. in Opposition re: #281 FIRST MOTION to Disqualify Judge ., #294 MOTION for Sanctions Pursuant to Fed. R. Civ.P.11(b)(1), (2) and (3).. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B)(Supple, John)
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Filing 294
MOTION for Sanctions Pursuant to Fed. R. Civ.P.11(b)(1), (2) and (3). Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 293
FIRST LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey Pro se dated 12/23/2014 re: 6AC sub judice 22 months. Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 292
NOTICE RE: PENDING MOTION TO PROCEED IN FORMA PAUPERIS. An appeal in the above-referenced case has been docketed in the Court of Appeals. According to the district court docket sheet or other available information, appellant has moved for leave to proceed in forma pauperis in district court on December 04, 2014. and that motion is pending. The appeal may not move forward until the motion is determined. Please direct the motion to the appropriate judge for determination. Upon the grant or denial of the motion, please enter the order and transmit it to the Court of Appeals.(nd)
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Filing 291
MOTION for Leave to Proceed In Forma Pauperis On Appeal. Document filed by Amy R. Gurvey.(tp)
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Filing 290
FIRST LETTER addressed to Judge Lorna G. Schofield from Amy Weissbrod Gurvey pro se dated 11/23/2104 re: 6AC sub judice amend claims. Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 289
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Amend/Correct 6AC sub judice. Document filed by Amy R. Gurvey. Return Date set for 12/23/2014 at 09:30 AM.(Weissbrod, Amy) Modified on 11/25/2014 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #288 FIRST MOTION to Amend/Correct 6AC sub judice. Use the event type Letter found under the event list Other Documents. (db)
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Filing 288
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Amend/Correct 6AC sub judice. Document filed by Amy R. Gurvey. Return Date set for 12/23/2014 at 09:30 AM.(Weissbrod, Amy) Modified on 11/25/2014 (db).
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Filing 287
OPINION AND ORDER #105003 re: #233 MOTION to Disqualify Counsel filed by Amy R. Gurvey: Accordingly, for all the foregoing reasons, plaintiff's motion to stay defendants' motions for Rule 11 sanctions and plaintiff's cross-motions (1) to disqualify H&C as counsel for defendants, (2) to award damages pursuant to New York Judiciary Law 487 and (3) to impose Rule 11 sanctions are denied (Docket Item 233). As to plaintiff's cross-motion to compel payment of outstanding appeals fees, if defendants have not already paid the costs awarded by the Court of Appeals (Docket Item 128), the defendants are ordered to pay plaintiff $377.36 within fourteen (14) days from the date of this Opinion and Order. To the extent plaintiff requests that defendants pay the legal fees and costs associated with this motion, that motion is denied (Pl.'s Notice of Cross-Motion, 10). I shall address plaintiff's cross-motions for the imposition of Rule 37 sanctions and to compel discovery in a separate order which will also address plaintiff's subsequent, nearly-identical motion (see Docket Item 270). Finally, plaintiff is directed to cease listing Simon Gerson, Mark Montague and R. Lewis Gable as defendants in future filings in this matter. These individuals were neither named in the Third Amended Complaint nor served with the complaint, and they are not parties to this action. (Signed by Magistrate Judge Henry B. Pitman on 11/20/2014) Copies Transmitted By Chambers. (tn) Modified on 11/24/2014 (soh).
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Filing 286
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from J. Richard Supple, Jr. dated 11/13/2014 re: Defendants respectfully request that their time to answer Gurvey's motion be extended to December 23, 2014 so they can have the time required under Fed. R. Civ. P. ("Rule") 11 to first demand that Gurvey withdraw her motion. ENDORSEMENT: Application granted. (Signed by Magistrate Judge Henry B. Pitman on 11/14/2014) (lmb) Modified on 11/17/2014 (lmb).
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Filing 285
ORDER denying #284 Letter Motion for Conference. APPLICATION DENIED without prejudice to renewal upon disposition of Plaintiff's pending Motion to File a Sixth Amended Complaint. The Clerk of Court is directed to send a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 11/17/2014) (ajs)
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Transmission to Docket Assistant Clerk. Transmitted re: #285 Order on Motion for Conference, to the Docket Assistant Clerk for case processing. (ajs)
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Mailed a copy of #285 Order on Motion for Conference, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043. (ca)
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Set/Reset Deadlines: Responses due by 12/23/2014. (lmb)
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Filing 284
LETTER MOTION for Conference (pre-motion) addressed to Judge Lorna G. Schofield from J. Richard Supple, Jr. dated 11/12/2014. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Affidavit of Service)(Supple, John)
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Filing 283
DECLARATION of AmyGurvey in Support re: #281 FIRST MOTION to Disqualify Judge ., #280 FIRST MOTION to Disqualify Judge Pitman.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Ps Article 78 filed 2011 naming Supple&Lieberman as Respondents, #2 Exhibit 2d Cir Mandate Oct 25 2014, #3 Exhibit DOJ 2010 Consent Decree US vTicketmasterLive Nation, #4 Exhibit DOJ Competitive Impact Stmt US v TicketmasterLive Nation, #5 Exhibit 9th Cir 12-57268 Suppl Record on Appeal, #6 Exhibit 9th Cir 12-57268 Order Aug 1 2014, #7 Exhibit 2dCir 14-960-cv Update, #8 Exhibit Ps Motion Disqual Def Counsel, #9 Exhibit Disqual Counsel& Outstanding Discovery, #10 Exhibit Discovery Motion, #11 Exhibit NYC Ethics Board DR Violation List, #12 Exhibit Exh XMotion disqualfication Hinshaw & Culbertson, #13 Exhibit XMotion Disqual Hinshaw & Culbertson, #14 Exhibit XMotion Disqualif Hinshaw&Culbertson, #15 Exhibit XMotion Disquali H&C, #16 Exhibit 2d Cir Motion to Consolidate Appeals 13-2211-cv 14-960-cv, #17 Exhibit Motion Consol Appeals 13-2211-cv 14-960-cv, #18 Exhibit Exh Motion to Disqual H&C, #19 Exhibit Exh Motion to Disqual H&C, #20 Exhibit Exh Discovery Order Consold 13-2211 14-960, #21 Exhibit Ehx Motion to Disqual H&C, #22 Exhibit Exh Mot to Disqual H&C, #23 Exhibit Exh Mot to Disqual H&C, #24 Exhibit Exh Mot to disqual H&C, #25 Exhibit Exh Mot to Disqual H&C, #26 Exhibit xh Mot to Disqual L&C, #27 Exhibit Exh gug 2014 Ltr Req Conf, #28 Exhibit Exh Ltr re Lack Jx Stay Depos, #29 Exhibit Ps Motion to File 6AC, #30 Exhibit Ps Decl in Support 6AC, #31 Exhibit PsProposed 6AC, #32 Exhibit USPTO Gen Counsel July 2014, #33 Exhibit Cowan Emails produced Dec 2012 re Legend, #34 Exhibit 2d cir Order Feb 102012, #35 Exhibit Squitieri 2013 Notice Retaining Case files, #36 Exhibit SDNY Order Granting Stay to REtain New Atty, #37 Exhibit SDNY Award of Arbitrator Aug 4 2009, #38 Exhibit USPTO Gen Counsel Payne, #39 Exhibit USPTO Gen Counsel OED, #40 Exhibit Ps Motoin Compel Discovery)(Weissbrod, Amy)
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Filing 282
FILING ERROR - DUPLICATE DOCKET ENTRY - DECLARATION of Amy Gurvey in Support re: #281 FIRST MOTION to Disqualify Judge .. Document filed by Amy R. Gurvey. (Weissbrod, Amy) Modified on 11/12/2014 (db).
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Filing 281
FIRST MOTION to Disqualify Judge . Document filed by Amy R. Gurvey. Return Date set for 11/18/2104 at 11:30 PM.(Weissbrod, Amy)
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Filing 280
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Disqualify Judge Pitman. Document filed by Amy R. Gurvey. Return Date set for 11/18/2014 at 11:30 PM. (Attachments: #1 Exhibit Ps Decl in Support of Motion w/Cert of ECF Svc, #2 Exhibit Ps Article 78 Index No 2011/110774 Motion sub Nov 7 2014, #3 Exhibit 2d Cir Update Case No 14-960-cv Sept 2014, #4 Exhibit 2d Cir Mandate 13-2211-cv Oct 25 2014, #5 Exhibit Ps Motion Recons and to Reinstaate Clear Channel and Live Nation defs, #6 Exhibit DOJ US v Ticketmaster&Live Nation Consent Decree 2010, #7 Exhibit US v, Ticketmaster&LiveNation Competitive Impact Stmt 2010, #8 Exhibit Ps Transcript Notice Sept 2 2014 Conf, #9 Exhibit USPTO Gen Counsel FOIA Notice July 2014, #10 Exhibit 2d Cir Order 462 FedAppx 26 Feb 10 2012, #11 Exhibit Cowan produx Dec 2012 Legend Emails, #12 Exhibit Squtieri Ltr Admitting to Withholding Ps Files, #13 Exhibit Award SDNy Arbitrator Aug 4 2009)(Weissbrod, Amy) Modified on 11/10/2014 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #280 FIRST MOTION to Disqualify Judge Pitman. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 279
OPINION AND ORDER #104951 re: #213 MOTION for Reconsideration re; #200 Memorandum & Opinion filed by Amy R. Gurvey. Accordingly, plaintiff has not offered any valid reason to revisit the conclusions reached in my February Order, and her motion for reargument of that Order (Docket Item 213) is denied in all respects. The Clerk of the Court is directed to mark Docket Item 213 closed. (Signed by Magistrate Judge Henry B. Pitman on 11/5/2014) Copies Sent By Chambers. (lmb) Modified on 11/6/2014 (lmb). Modified on 11/12/2014 (ca).
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Filing 278
DECLARATION of Amy R. Gurvey in Support re: #277 MOTION for Reconsideration re; #269 Order on Motion to Remand to State Court,, Order on Motion for Certificate of Appealability,,,,,,.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit 2010-2020 Consent Decree DC District Court ag Live Nation, #2 Exhibit 2010-2020 Competitive Impact Statement DC District Court ag Live Nation)(Weissbrod, Amy)
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Filing 277
PLAINTIFF PRO SE'S NOTICE OF MOTION FOR RECONSIDERATION OF THE 9/2/14 ORDER DENYING CERTIFICATION FOR INTERLOCUTORY APPEAL; REMAND OR TRANSFERW WITHOUT PREJUDICE; AND FRCP 60(b)(6) MOTION TO REINSTATE CLEAR CHANNEL & LIVE NATION DEFENDANTS; re: #269 Order on Motion to Remand to State Court,, Order on Motion for Certificate of Appealability,,,,,,. Document filed by Amy R. Gurvey.(sc)
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Filing 276
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 9/2/2014 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
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Filing 275
TRANSCRIPT of Proceedings re: conference held on 9/2/2014 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. 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. Redaction Request due 10/14/2014. Redacted Transcript Deadline set for 10/23/2014. Release of Transcript Restriction set for 12/19/2014.(McGuirk, Kelly)
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Filing 274
LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey, dated 9/16/14 re: 9/2/14 STATUS HEARING TRANSCRIPT INCOMPLETE: NOTICE TO THE COURT. Document filed by Amy R. Gurvey.(sc)
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Filing 273
MEMORANDUM OF LAW in Opposition re: #270 MOTION to Compel. and in Support of Defendants' Cross-Motion for Rule 37 Sanctions #271 . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Affidavit of Service)(Supple, John)
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Filing 272
DECLARATION of J. Richard Supple, Jr. in Opposition re: #270 MOTION to Compel., #271 CROSS MOTION for Sanctions Pursuant to Fed.R.Civ.P.37(b)(2).. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Supple, John)
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Filing 271
CROSS MOTION for Sanctions Pursuant to Fed.R.Civ.P.37(b)(2). Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 270
Plaintiff Pro Se's Notice of MOTION to Compel Discovery and Patent Discovery and Award Plaintiff Rule 37 Sanctions. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(rdz)
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Filing 269
ORDER denying #201 Motion to Remand to State Court; denying #203 Motion to Remand to State Court; denying #246 Motion for Certificate of Appealability. ORDERED that for the reasons stated on the record, Plaintiff's Motion to Remand (Docket Nos. 201 and 203) is DENIED; it is further ORDERED that Plaintiff's Motion for a Certificate of Appealability (Docket No. 246) is DENIED. The Clerk of Court is directed to terminate the motions at Docket Nos. 201, 203 and 246.The Clerk of Court is further directed to mail a copy of this order to the pro se Plaintiff.(Signed by Judge Lorna G. Schofield on 9/03/2014) (ama)
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Transmission to Docket Assistant Clerk. Transmitted re: #269 Order on Motion to Remand to State Court,, Order on Motion for Certificate of Appealability to the Docket Assistant Clerk for case processing. (ama)
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Mailed a copy of #269 Order on Motion to Remand to State Court, Order on Motion for Certificate of Appealability, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043. (ca)
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Minute Entry for proceedings held before Judge Lorna G. Schofield: Status Conference held on 9/2/2014. (See Order) (Court Reporter Steve Greenblum) (jcs)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #268 MOTION to Compel Cowan defendants to Produce Discovery Documents. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 268
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Compel Cowan defendants to Produce Discovery Documents. Document filed by Amy R. Gurvey. Return Date set for 9/2/2014 at 09:30 AM. (Attachments: #1 Exhibit Ps Rule 26(a) Disclosures Nov 2012, #2 Exhibit Defs rule 26(a) Disclosures Dec 2012, #3 Exhibit 2d Cir Order Feb 2012, #4 Exhibit Legend Exec Summary 2001-2, #5 Exhibit Legend 2002 Emails produced by Cowan Dec 2012, #6 Exhibit USPTO Gen Counsel Notice June 2014, #7 Exhibit USPTO Gen Counse Notice July 2014, #8 Exhibit Discovery document, #9 Exhibit Supple's Notice to Hon Luis Gonzalez advocating uniform standards of suspension and disbarment for certain breaches of the ethics rules in NYS)(Weissbrod, Amy) Modified on 9/2/2014 (db).
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Filing 267
LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey dated 8/25/14 re: SUB JUDICE SDNY MOTIONS FOR RECONSIDERATION OF MAGISTRATE'S DISCOVERY ORDER OF JULY 2013, TO FILE AND SERVE A 6AC, FOR REMAND & FOR DISQUALIFICATON OF HINSHAW & CULBERSON LLP. Document filed by Amy R. Gurvey.(sc)
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Filing 266
LETTER addressed to Magistrate Judge Henry B. Pitman and Judge Lorna G. Schofield from Amy R. Gurvey dated 8/16/2014 re: Plaintiff respectfully requests that in preparation for the status conference, the Court order Mr. Supple to produce all exhibits and Plaintiff's transcript from the deposition; and originals of these exhibits. Mr. Supple has been contacted and has ignored Plaintiff's emails. Document filed by Amy R. Gurvey.(sac)
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Mailed a copy of #265 Memorandum & Opinion, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043. (ca)
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Filing 265
ORDER AND OPINION: WHEREAS, by letter dated August 8, 2014 (Docket No. 263), Plaintiff requested a conference before the Court; it is hereby ORDERED that the parties shall appear for a conference on September 2, 2014, at 11:40 a.m. to address the parties' outstanding motions. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 8/13/2014) (kgo)
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Set/Reset Hearings: Status Conference set for 9/2/2014 at 11:40 AM before Judge Lorna G. Schofield. (kgo)
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Transmission to Docket Assistant Clerk. Transmitted re: #265 Memorandum & Opinion, to the Docket Assistant Clerk for case processing. (kgo)
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Mailed a copy of #264 Order, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043. (ca)
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Filing 264
ORDER: It is hereby ORDERED that the motions herein are reinstated. The Clerk of Court is directed to reopen the motions at Docket Nos. 213, 246, 233, 201, 203 and 207. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/11/2014) (kgo) Modified on 8/12/2014 (kgo).
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Transmission to Docket Assistant Clerk. Transmitted re: #264 Order, to the Docket Assistant Clerk for case processing. (kgo)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #261 LETTER MOTION for Conference re: #259 Memorandum & Opinion, addressed to Judge Lorna G. Schofield from Amy R. Weissbrod Gurvey dated August 8 2014. Use the event type Letter found under the event list Other Documents. (db)
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Filing 263
LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey dated 8/8/2014 re: This is a letter requesting a conference. Document filed by Amy R. Gurvey. (Attachments: #1 Main Document, #2 Main Document, #3 Main Document, #4 Main Document)(sac)
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Filing 261
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #259 Memorandum & Opinion,,,, addressed to Judge Lorna G. Schofield from Amy R. Weissbrod Gurvey dated August 8 2014. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit 9th Cir Order 12-57268 August 1 2014, #2 Exhibit 9th Cir Parallel Motion Gurvey v Legend Films 12-57268, #3 Exhibit USPTO Gen Counsel Notice July 21 2014, #4 Exhibit USPTO Gen Counsel Notice June 19, 2014, #5 Exhibit 2d Cir Order Feb 10 2012, #6 Exhibit Award of Arbitrator August 4 2009)(Weissbrod, Amy) Modified on 8/11/2014 (db).
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Filing 262
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey dated 8/8/14 re: 2ND CIRCUIT INTERLOCUTORY APPEAL. Document filed by Amy R. Gurvey.(sc)
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Filing 260
LETTER addressed to Judge Lorna G. Schofield from Amy R. Weissbrod Gurvey dated 8/8/2014 re: Plaintiff's Notice withdrawing July 25 2014 letter withdrawing reconsideration of Magistrate Pitman's orders since 2012. Document filed by Amy R. Gurvey.(sac)
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Filing 259
ORDER AND OPINION re: #246 FINAL MOTION for Certificate of Appealability . filed by Amy R. Gurvey, #201 MOTION to Remand to State Court. filed by Amy R. Gurvey, #213 MOTION for Reconsideration re; #200 Memorandum & Opinion, filed by Amy R. Gurvey, #233 MOTION to Disqualify Counsel . filed by Amy R. Gurvey, #203 MOTION to Remand to State Court. filed by Amy R. Gurvey, #207 MOTION for Leave to File Sixth Amended Complaint. filed by Amy R. Gurvey. It is hereby ORDERED that the motions listed herein are denied as moot. ORDERED that, to the extent Plaintiff seeks to withdraw other pending motions, including the motion to remand (Docket Nos. 201, 203) and the motion to file and serve a 6th Amended Complaint (Docket No. 207); they are denied as moot. The Clerk of Court is directed to close the motions at Docket Nos. 213, 246 and 233, and at Docket No. 201, 203 and 207. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 8/7/2014) (kgo) Modified on 8/7/2014 (kgo).
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Transmission to Docket Assistant Clerk. Transmitted re: #259 Memorandum & Opinion, to the Docket Assistant Clerk for case processing. (kgo)
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Mailed a copy of #259 Memorandum & Opinion, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043. (ca)
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Filing 257
MEMO ENDORSEMENT denying #253 Motion to Stay. ENDORSEMENT: TO THE EXTENT PLAINTIFF IS SEEKING TO STAY HER DEPOSITION, THE MOTION IS DENIED. PLAINTIFF IS DIRECTED TO APPEAR FOR HER DEPOSITION ON 8-5-14 AT 9:30 AM (Signed by Magistrate Judge Henry B. Pitman on 8/4/2014) (kgo) Modified on 8/8/2014 (kgo).
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Set/Reset Deadlines: Deposition due by 8/5/2014. (kgo)
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Filing 256
LETTER from Amy Gurvey dated 7/31/14 re: Plaintiff states that it is her position that the Cowan defendants cannot proceed with depositions and that the jurisdictional and amended complaint issues are paramount; that this letter is a notice of the plaintiff's objections; and that, noting these objections(as indicated) and the change in the law, the plaintiff will rely on the Court to decide if the Cowan defendants have the right to take additional depositions at this time or if an interlocutory appeal is properly adjudicated first. Document filed by Amy R. Gurvey.(sc)
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Filing 255
UNSIGNED ORDER TO SHOW CAUSE filed by Amy R. Gurvey. (Attachments: #1 Main Document, #2 Main Document)(vn)
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Filing 254
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - FIRST MOTION to Stay Ps Declaration in Support. Document filed by Amy R. Gurvey. Return Date set for 8/4/2014 at 11:30 PM. (Attachments: #1 Exhibit Ps Ltr Withdrawing Motion for Recons, #2 Exhibit USPTO Gen Counsel Notce July 21 2014, #3 Exhibit USPTO Gen Counsel Notice June 19 2014, #4 Exhibit 9th Cir 12-57268 Motion Suppl Record on Appeal, #5 Exhibit Ps and Ds Rule 26(a) Disclosures 2012, #6 Exhibit Hinshaw & Culbertson Atty Supple 2013 Ltr to Presiding NYS Justices Advocating Suspension NYU Ethics Survey June 2014, #7 Exhibit 2d Cir Order Feb 10 2012, #8 Exhibit SDNY Arbitration Award in Ps Favor August 4 2009, #9 Exhibit Legend Films Exec Sum 2001, #10 Exhibit Legend Emails Cowan Production Dec 2012, #11 Exhibit Legend's Sandrew AFT Patent Filings, #12 Exhibit Squitieri Notice of Retention of 4CDs and 6 Boxes, #13 Exhibit Cert of Svc)(Weissbrod, Amy) Modified on 7/31/2014 (db).
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Filing 253
FIRST MOTION to Stay of Deposition Notice. Document filed by Amy R. Gurvey. Return Date set for 8/4/2014 at 11:30 PM.(Weissbrod, Amy)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #254 FIRST MOTION to Stay Ps Declaration in Support. Use the event type Declaration in Support of Motion found under the event list Replies, Opposition and Supporting Documents. (db)
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Filing 258
LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey dated 7/14/14 re: NOTICE OF REQUIRED CASE STATUS UPDATE, from the U.S.C.A. for the Second Circuit. Document filed by Amy R. Gurvey.(sc)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #252 FIRST MOTION to Stay Defs Deposition Notice of Aug 5 2014 and Reply to Certify Orders and Adjudicate Motions for Interlocutory Appeal 14/960-cv. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 252
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Stay Defs Deposition Notice of Aug 5 2014 and Reply to Certify Orders and Adjudicate Motions for Interlocutory Appeal 14/960-cv. Document filed by Amy R. Gurvey. Return Date set for 8/4/2014 at 11:30 PM. (Attachments: #1 Exhibit Ps Declaration in Support of Motion, #2 Exhibit Ps Letter to SDNY Withdrawing Reconsideration Motion and Noticing 2d Cir Update on Interlocutory Appeal 14-960-cv, #3 Exhibit USPTO General Counsel Updated Notice July 21 2014, #4 Exhibit USPTO General Counsel Notice June 19, 2014, #5 Exhibit 9th Cir 12-57268 FRAP 10(e) Motion Supp Record on Appeal July 24, 2014, #6 Exhibit Ps and D's Rule 26(a) Disclosures 2012, #7 Exhibit Supple's 2013 Ltr to Presiding Justices in NYS Advocating Suspenion and Disbarment for Ethics Violations, #8 Exhibit 2d Cir Order Feb 10 2012, #9 Exhibit Award of SDNY Arbitrator Aug 4 2009, #10 Exhibit Legend's 2001 Exec Sum, #11 Exhibit Emails Cowan Production Dec 2012, #12 Exhibit Legend Sandrew AFT Patent filings, #13 Exhibit Squitieri & Fearon Jan 2013 Notice of Retention of 4CDs and 6 boxes Supreme NY 102516-2012, #14 Exhibit Cert of Svc Motion to Stay Deps and Reply to Certify Orders for Interloc Appeal 14-960-cv)(Weissbrod, Amy) Modified on 7/28/2014 (db).
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Filing 251
AFFIDAVIT OF SERVICE of Notice of Cross-Motion for Filing Injunction; Declaration of J. Richard Supple, Jr. in Opposition to Plaintiff's Motion to Certify Interlocutory Orders for Appeal and In Support of Defendants' Cross-Motion For A Filing Injunction and Memorandum of Law served on Amy Gurvey on 07/18/2014. Service was made by ECF and Overnight Mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 250
MEMORANDUM OF LAW in Opposition re: #246 FINAL MOTION for Certificate of Appealability . and In Support of Defendants' Cross-Motion For A Filing Injunction #248 . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 249
DECLARATION of J. Richard Supple, Jr. in Opposition re: #246 FINAL MOTION for Certificate of Appealability .. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Supple, John)
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Filing 248
CROSS MOTION for Filing Injunction . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 247
CERTIFICATE OF SERVICE. Amy R. Gurvey served on 7/8/2014, answer due 9/8/2014. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Reservice Motion to Certify Appealability)(Weissbrod, Amy)
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Filing 246
FINAL MOTION for Certificate of Appealability . Document filed by Amy R. Gurvey. Return Date set for 7/23/2014 at 11:30 PM. (Attachments: #1 Exhibit Ltr Appl to Hon. Lorna Schofield seeking Certification for Interlocutory Appeal 14-960-cv July 7 2014, #2 Exhibit 2d Motion to Consolidate Appeals 13-2211-cv 14-906-cv July 7 2014, #3 Exhibit Form T-1080, #4 Exhibit USPTO Gen Counsel FOIA June 19 2014 and P's USPTO Response, #5 Exhibit, #6 Exhibit SDNY Docket, #7 Exhibit Cerification of Re-Service per ECF)(Weissbrod, Amy)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Amy Rebecca Weissbrod. Document No. #245 Letter. This document is not filed via ECF. The Court permits the filing of letters including certain types of letter motions, a Motion for Certificate of Appealability must be formally filed. (db)
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Filing 245
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FINAL MOTION for Certificate of Appealability . Document filed by Amy R. Gurvey. Return Date set for 7/23/2014 at 11:30 PM. (Attachments: #1 Exhibit 2d Cir July 7 2014 Motion to Consolidate Appeals Interloc Appl 14-960-cv& 13-2211-cv, #2 Exhibit T-1080, #3 Exhibit USPTO Gen Counsel FOIA June 19, 2014, #4 Exhibit SDNY 06-1202-cv Docket, #5 Exhibit 2d Cir Order Feb 10 2012, #6 Exhibit Award of SDNY Arbitrator August 4 2009, #7 Exhibit NYLJ May 27 2014)(Weissbrod, Amy) Modified on 7/9/2014 (db).
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Filing 244
CERTIFICATE OF SERVICE of Ps Reply Cross Motion served on Richard Supple, Esq. on 5/29-2014. Document filed by Amy R. Gurvey. (Weissbrod, Amy)
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Filing 243
REPLY MEMORANDUM OF LAW in Support re: #233 MOTION to Disqualify Counsel . . Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Rule 26(a) Disclosures, #2 Exhibit Defs Works in Progress 2002, #3 Exhibit May 23 2014 J. Caher NYLJ Supple 2013 Ltr as Chair NYC Bar Comm Ethics and Discipline DDC NYU Law Survey, #4 Exhibit Cowan Defs Discovered Email May 2003, #5 Exhibit Cowan Def Schick Emails Feb 2002 Re-formatted October 14, 2002, #6 Exhibit 2d Cir 462 Fed Appx 26 Feb 10 2012, #7 Exhibit Ps Notice of Rule 11 Sanctions Outstanding Discovery Items March 31 2014, #8 Exhibit Award of SDNY Arbitrator Aug 4 209, #9 Exhibit Legend Films 2001 Executive Summary, #10 Exhibit Gurvey 1-15-02 Principal Contract Date Stamped by Cowan Defs 4-17-02, #11 Exhibit Cowan Defs Altered Contract Rider Date Stamped May 8, 2002, #12 Exhibit Cowan USPTO Applications filed for P 5-24-02; 5-22-02, #13 Exhibit Cowan Ltr to P April 28 2003, #14 Exhibit Cowan USPTO Withdrawal Form for 1 Appl; Wt Proof of Svc 2003, #15 Exhibit Ps Reconsid Reply, #16 Exhibit 13-2211-cv Ps Parallal 2d Cir Reply Brief)(Weissbrod, Amy)
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Filing 242
LETTER addressed to Magistrate Judge Henry B. Pitman from Amy Weissbrod Gurvey dated 5/25/2014 re: Plaintiff therefore submits this letter and attachments in further support of her motion for reconsideration and as a Reply to her cross-motion. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(sac)
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Filing 241
AFFIDAVIT OF SERVICE of Declaration of J. Richard Supple and Reply Memorandum of Law served on Amy R. Gurvey on 05/21/2014. Service was made by ECF and Overnight Mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 240
REPLY MEMORANDUM OF LAW in Support re: #224 MOTION for Sanctions Fed. R. Civ. P. 11(b)(1), (2) and (3)., #233 MOTION to Disqualify Counsel ., #223 MOTION for Sanctions Federal Rule of Procedure Rule 11(b)(1) and (2). . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 239
DECLARATION of J. Richard Supple in Support re: #224 MOTION for Sanctions Fed. R. Civ. P. 11(b)(1), (2) and (3)., #233 MOTION to Disqualify Counsel ., #223 MOTION for Sanctions Federal Rule of Procedure Rule 11(b)(1) and (2).. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Supple, John)
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Filing 238
LETTER addressed to Magistrate Judge Henry B. Pitman from Amy R. Weissbrod-Gurvey dated 5/13/14 re: Plaintiff submits this letter to the Court in response to Richard Supple's letter to the Court which stated that the plaintiff refused to sit for deposition; and the plaintiff states that this is a lie; that she cannot sit for deposition until June due to asbestos contamination of her home. Document filed by Amy R. Gurvey.(sc)
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Filing 237
CERTIFICATE OF SERVICE of notice of Motion, Declaration and Memo of Law Disqualification served on Richard Supple, Esq. on 5/12/2014. Document filed by Amy R. Gurvey. (Weissbrod, Amy)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #235 Declaration in Support of Motion. ERROR(S): (1) Incomplete Document (i.e. No Court Type, No Parties, No Case Number). (2) Use Event Certificate of Service Other located under the Event Type - Service of Process. (db)
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Filing 236
MEMORANDUM OF LAW in Support re: #233 MOTION to Disqualify Counsel . . Document filed by Amy R. Gurvey. (Weissbrod, Amy)
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Filing 235
FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Amy R. Weissbrod Gurvey in Support re: #233 MOTION to Disqualify Counsel .. Document filed by Amy R. Gurvey. (Weissbrod, Amy) Modified on 5/13/2014 (db).
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Filing 234
DECLARATION of Amy R. Weissbrod Gurvey in Support re: #233 MOTION to Disqualify Counsel .. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Order Supreme NY August 7 1998 Hon Sheila Abdus-Salaam Index No 118826/97, #2 Exhibit 2d Cir Case No 13-2211-cv Ps Reply Brief, #3 Exhibit 2d Cir. Case No. 13-2211-cv Ps Opening Brief, #4 Exhibit 2d Cir Order 462 Fed Appx. 26 Feb 10 2012, #5 Exhibit Award of SDNY Arbitrator August 4 2009)(Weissbrod, Amy)
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Filing 233
MOTION to Disqualify Counsel . Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 232
MEMORANDUM OF LAW in Opposition re: #207 MOTION for Leave to File Sixth Amended Complaint. . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 231
DECLARATION of J. Richard Supple in Opposition re: #207 MOTION for Leave to File Sixth Amended Complaint.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Supple, John)
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Filing 230
MEMORANDUM OF LAW in Opposition re: #213 MOTION for Reconsideration re; #200 Memorandum & Opinion,,,,,,,,. . Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 229
DECLARATION of J. Richard Supple in Opposition re: #213 MOTION for Reconsideration re; #200 Memorandum & Opinion,,,,,,,,.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A)(Supple, John)
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Filing 228
ORDER: It is hereby ORDERED that Plaintiff's appeal of the February 25, 2014 Order, which will be considered as an objection under Rule 72 of the Federal Rules of Civil Procedure, is hereby stayed pending the decision of Magistrate Judge Pitman on the Motion for Reconsideration. SO ORDERED. (Signed by Judge Lorna G. Schofield on 4/28/2014) (kgo)
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Filing 227
AFFIDAVIT OF SERVICE of Notice of Motion for Sanctions Pursuant to Fed.R.Civ.P. 11(b)(1) and 11(b)(2), Notice of Motion for Sanctions Pursuant to Fed.R.Civ.P. 11(b)(1), (2) and (3), Declaration of J. Richard Supple, Jr., Esq., in Support of Defendants' Motions for Sanctions with Exhibits A-Q, and Memorandum of Law in Support of Rule 11 Motions for Sanctions Against Plaintiff served on Amy R. Gurvey on April 25, 2014. Service was made by Mail. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon. (Supple, John)
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Filing 226
MEMORANDUM OF LAW in Support re: #224 MOTION for Sanctions Fed. R. Civ. P. 11(b)(1), (2) and (3)., #223 MOTION for Sanctions Federal Rule of Procedure Rule 11(b)(1) and (2). . Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon. (Supple, John)
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Filing 225
DECLARATION of J. Richard Supple, Jr., Esq. in Support re: #224 MOTION for Sanctions Fed. R. Civ. P. 11(b)(1), (2) and (3)., #223 MOTION for Sanctions Federal Rule of Procedure Rule 11(b)(1) and (2).. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q)(Supple, John)
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Filing 224
MOTION for Sanctions Fed. R. Civ. P. 11(b)(1), (2) and (3). Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon.(Supple, John)
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Filing 223
MOTION for Sanctions Federal Rule of Procedure Rule 11(b)(1) and (2). Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Does, Michael Gordon, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon.(Supple, John)
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Filing 222
NOTICE OF STAY OF APPEAL re: #214 Notice of Interlocutory Appeal. A notice of appeal was filed in this case on 3/26/2014. Since at least one motion cited in F.R.A.P. 4(a)(4) has been filed in the district court, this appeal is stayed pending resolution of the motion(s). USCA Case No. 14-0960-cv.] (nd)
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Filing 221
LETTER addressed to Magistrate Judge Henry B. Pitman from Amy Gurvey, dated 4/4/14 re: MAGISTRATE'S 3/19/14 CONFERENCE INSTRUCTIONS/COWAN DEFENDANTS' NOTICE REFUSING TO PRODUCE DISCOVERY DOCUMENTS. Document filed by Amy R. Gurvey.(sc)
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Filing 220
LETTER addressed to Judge Lorna G. Schofield from J. Richard Supple, Esq. dated 04/09/2014 re: setting a schedule for Plaintiff Amy Gurvey's appeal of Magistrate Judge Henry Pitman's Order sanctioning Plaintiff and to Object to Plaintiff's improper reply in support of her motion to remand. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Affidavit of Service)(Supple, John)
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Filing 219
REPLY MEMORANDUM OF LAW in Support re: #203 MOTION to Remand to State Court.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Rule 11 Ltr Reiterating Discovery Document Requests, #2 Exhibit Notice Letter to Magistrate that Cowan defs will not comply with discovery April 4, 2014)(Weissbrod, Amy)
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Filing 218
AFFIDAVIT OF SERVICE of Declaration of J. Richard Supple, Jr. with Exhibits A-L and Memorandum of Law in Opposition to Plaintiff's Motion to Remand served on Amy R. Gurvey on 03/31/2014. Service was made by Overnight Mail and ECF. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 217
MEMORANDUM OF LAW in Opposition re: #201 MOTION to Remand to State Court.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 216
DECLARATION of J. Richard Supple, Jr. in Opposition re: #201 MOTION to Remand to State Court.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Supple, John)
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Filing 215
NOTICE OF ECF DOCKETING ERROR. Document filed by Amy R. Gurvey. (sc)
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Filing 214
NOTICE OF INTERLOCUTORY APPEAL from #176 Memorandum & Opinion,,,,,,, #200 Memorandum & Opinion,,,,,,,,. Document filed by Amy R. Gurvey. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Weissbrod, Amy)
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Appeal Fee Due: for #214 Notice of Interlocutory Appeal. Appeal fee due by 4/9/2014. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #214 Notice of Interlocutory Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files (ONLY) for #214 Notice of Interlocutory Appeal filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals. (APPELLANT'S COUNSEL IS RESPONSIBLE FOR THE PHYSICAL SUPPLEMENTAL INDEX FOR ANY AND ALL NON-ECF DOCUMENTS, ONCE THE CASE IS OPENED IN THE SECOND CIRCUIT) (tp)
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Filing 213
PLAINTIFF PRO SE'S NOTICE OF MOTION FOR RECONSIDERATION OF THE DISTRICT MAGISTRATE'S 2/25/14 ORDER GRANTING DISCOVERY SANCTIONS; re: #200 Memorandum & Opinion. Document filed by Amy R. Gurvey.(sc)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #212 FIRST MOTION for Reconsideration of Magistrate's Order Entered 2/25/14. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 212
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Reconsideration of Magistrate's Order Entered 2/25/14. Document filed by Amy R. Gurvey. Return Date set for 4/9/2014 at 09:30 AM. (Attachments: #1 Exhibit Amended rule 26(a) Disclosure Filed 3-17-14, #2 Errata Orig Rule 26(a) Disclosure 11-9-12)(Weissbrod, Amy) Modified on 3/24/2014 (db).
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Filing 211
ORDER: that Defendants shall serve and file their opposition to plaintiff's motion to file a Sixth Amended Complaint (Docket Item 207) no later than 5/5/2014. Plaintiff shall serve and file her reply no later than 5/26/2014. Fact Discovery due by 9/19/2014. If plaintiff intends to rely on expert testimony, she shall make all disclosures required by Fed.R.Civ.P. 26(a)(2) no later than 10/20/2014. If defendants intend to rely on expert testimony, they shall make all disclosures required by Fed.R.Civ.P. 26(a)(2) no later than 11/21/2014. Expert Discovery due by 12/22/2014. Additional dispositive motions, if any, due by 1/23/2015. Set Deadlines/Hearing as to #207 MOTION for Leave to File Sixth Amended Complaint: Responses due by 5/5/2014, Replies due by 5/26/2014. (Signed by Magistrate Judge Henry B. Pitman on 3/21/2014) Copies Transmitted By Chambers. (tn)
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Status Conference held on 3/19/2014. Order to follow. (bh)
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Filing 210
RULE 26 DISCLOSURE.Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 209
RULE 26 DISCLOSURE.Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Ps Previous rule 26(a)(1) disclosures filed in November 9, 2012 (that it does not appear were previously considered))(Weissbrod, Amy)
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Filing 208
MEMORANDUM OF LAW in Support re: #203 MOTION to Remand to State Court. Ordered by Hon. Lorna Schofield (Docket #204). Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Ps Certification of Service)(Weissbrod, Amy)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #206 FIRST MOTION to Amend/Correct 3AC and to File and Serve 6AC based on Defendants' First Document Production. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 207
PLAINTIFF PRO SE'S NOTICE OF MOTION TO FILE & SERVE A SIXTH AMENDED COMPLAINT("6AC") BASED ON COWAN DEFENDANTS' FIRST DOCUMENT PRODUCTION. Document filed by Amy R. Gurvey. (Attachments: #1 Notice of Motion, #2 Notice of Motion, #3 Notice of Motion, #4 Notice of Motion, #5 Notice of Motion)(sc)
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Filing 206
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Amend/Correct 3AC and to File and Serve 6AC based on Defendants' First Document Production. Document filed by Amy R. Gurvey. Return Date set for 3/19/2014 at 09:30 AM. (Attachments: #1 Exhibit Ps Declaration in Support of Motion, #2 Exhibit 2d Cir Order Feb 10 2012, #3 Exhibit SDNY Award of Arbitratior Aug 4, 2009, #4 Exhibit Cowan Emails re Legend, #5 Exhibit Schick Cowan 2002 Email1, #6 Exhibit Schick Cowan 2002 Email2, #7 Exhibit Legend Exec Sum June 2001, #8 Exhibit legend Financial Press Release, #9 Exhibit Sandrew Short USPTO Patent List)(Weissbrod, Amy) Modified on 3/13/2014 (db).
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Filing 205
DECLARATION of J. Richard Supple, Jr. re: #200 Memorandum & Opinion,,,,,,,,. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Affidavit of Service)(Supple, John)
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Mailed a copy of #204 Scheduling Order, to Amy R. Gurvey 315 Highland Avenue Upper Monclair, NJ 07043 (nt)
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Filing 204
ORDER: It is hereby ORDERED that Plaintiff shall file her memorandum of law, if any, by March 17, 2014; it is further ORDERED that Defendants shall file their opposition, if any, by March 31, 2014; it is further ORDERED that Plaintiff shall file her reply, if any, by April 7, 2014. The clerk is directed to mail a copy of this order to the pro se Plaintiff. Responses due by 3/31/2014. Replies due by 4/7/2014. (Signed by Judge Lorna G. Schofield on 3/3/2014) (ft)
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Transmission to Docket Assistant Clerk. Transmitted re: #204 Scheduling Order to the Docket Assistant Clerk for case processing. (ft)
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Filing 203
MOTION re: to remand to Supreme Court of NY, NY County. Document filed by Amy R. Gurvey. (Attachments: #1 Main Document)(sac)
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Filing 202
DECLARATION of Amy R. Weissbrod Gurvey in Support re: #201 MOTION to Remand to State Court.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit 2d Cir Order Feb 10 2012, #2 Exhibit Award of SDNY Arbitrator Aug 4 2009, #3 Exhibit Medical Rept John Penek MD Feb 21 2014, #4 Exhibit Ps SSA Disability 2013, #5 Exhibit Reply Ps Motion for Reconsideration to July 2013 Order (Docket #176), #6 Exhibit Ps Letter Response to Order, #7 Exhibit Ps Resume, #8 Exhibit Ps Appl for Subpoenas from Patent Attorneys)(Weissbrod, Amy)
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Filing 201
MOTION to Remand to State Court. Document filed by Amy R. Gurvey. Return Date set for 3/19/2014 at 09:30 AM.(Weissbrod, Amy)
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Filing 200
OPINION AND ORDER 104017 re: #182 MOTION for Reconsideration to Magistrate's Docket Order #176, filed by Amy R. Gurvey. By notice of motion dated July 30, 2013, Plaintiff moves for reconsideration of both my July Order and an Order issued by the Honorable Barbara Jones, United States District Judge, now retired, on April 5, 2012 (Docket Item 182). Accordingly, for all the foregoing reasons, plaintiff's motion for reconsideration is denied (Docket Item 182). Additionally, defendants' motion for sanctions is granted (Docket Item 147) to the extent that it seeks (1) forfeiture of plaintiff's right to seek enforcement of her discovery requests that were the subject of my January 2013 Order and (2) attorney's fees and costs defendants incurred in making their motion. Defendants are directed to submit contemporaneous billing records and the information necessary to evaluate the reasonableness of their attorneys' billing rates, along with invoices for any costs they have incurred, within twenty-one (21) days of this Order. Plaintiff is directed to submit her response no later than twenty-one (21) days thereafter. Plaintiff is also directed to amend its initial disclosures in compliance with Rule 26(a)(1) no later than twenty-one (21) days of this Order. Plaintiff's failure to comply with these deadlines will result in forfeiture of her right to serve future document requests and may preclude plaintiff from offering any evidence not yet produced at trial or in connection with any motion. The parties are also directed to appear for a follow-up conference in this matter on March 19, 2014 at 9:30 a.m. so that a discovery schedule may be set. Finally, future conduct by plaintiff will not be tolerated. PLAINTIFF IS HEREBY WARNED THAT ANY FURTHER NONCOMPLIANCE WITH THIS ORDER, PAYMENT OF EXPENSES OR ATTORNEY'S FEES IN CONNECTION WITH THIS MOTION OR OTHER OBLIGATIONS IMPOSED BY THE FEDERAL RULES OF CIVIL PROCEDURE OR LOCAL RULES OF THIS COURT MAY RESULT IN SANCTIONS INCLUDING DISMISSAL OF THIS ACTION. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 2/25/2014) Copies Mailed By Chambers. (ja) Modified on 3/5/2014 (nt).
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Set/Reset Hearings: Status Conference set for 3/19/2014 at 09:30 AM before Magistrate Judge Henry B. Pitman. (ja)
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Filing 199
LETTER addressed to Magistrate Judge Henry B. Pitman from Amy R. Gurvey dated 1/22/14 re: PLAINTIFF'S SUB JUDICE MOTION FOR RECONSIDERATION. Document filed by Amy R. Gurvey.(sc)
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Filing 198
MEMO ENDORSEMENT on re: #196 Letter, filed by Amy R. Gurvey. ENDORSEMENT: I have never issued any Order in this matter directing plaintiff "to explain how [the] Cowan defendants' [alleged] breach of fiduciary duty, patent malpractice, breach of attorney client privilege and fraud... pertain to Plaintiff's claims" or why plaintiff is entitled to further amend her complaint. In short, the factual predicate for the letter asserted in its first paragraph does not exist. Because I have not requested the attached letter and the attached letter does not constitute any kind of cognizable motion or request for relief, I am taking no action concerning the attached letter. (Signed by Magistrate Judge Henry B. Pitman on 1/7/2014) Copies Sent By Chambers. (tro)
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Filing 197
REPLY MEMORANDUM OF LAW in Support re: #182 MOTION for Reconsideration to Magistrate's Docket Order #176.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Certification of Service, #2 Exhibit Plaintiff's Medical Report Ulcerative Colitis, #3 Exhibit 9th Cir Case No 12/57268 Plaintiff's Reply Brief Gurvey v. Legend Films)(Weissbrod, Amy)
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Filing 196
LETTER addressed to Magistrate Judge Henry B. Pitman from Amy Weissbrod Gurvey, Plaintiff dated Jan 3 2014 re: Response to Magistrate's Order that Plaintiff explain how her amended complaint pertains to claims upheld by the Second Circuit. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit P's Ulcerative Colitis Scan)(Weissbrod, Amy)
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Filing 195
LETTER addressed to Magistrate Judge Henry B. Pitman from Amy R. Weissbrod dated 8/30/13 re: "Plaintiff's Application for Signed Subpoenas and Extension of Time" in response to the letter to the Court by Richard Supple, Esq. Document filed by Amy R. Gurvey.(sc) Modified on 9/5/2013 (mj).
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Filing 194
LETTER addressed to Magistrate Judge Henry B. Pitman from Amy Gurvey, dated 8/27/13 re: Plaintiff applies for a 30-day extension of time to submit a formal Reply to Plaintiff 's reconsideration motion concerning her proposed 5AC for damages post patent issance and for Cowan's spoliation of Plaintiff's patent-related files in anticipation of litigation. Document filed by Amy R. Gurvey.(sc) Modified on 9/5/2013 (mj).
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Filing 193
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman, from Amy R. Gurvey, dated 8/27/2013, re: Plaintiff's herein applies for a 30-day extension of time to submit a formal Reply to Plaintiff's reconsideration motion concerning her proposed 5AC for damages post patent issuance and for Cowan's spoliation of Plaintiff's patent-related files in anticipation of litigation... ENDORSEMENT: Application denied. New factual material cannot be submitted in connection with a motion for reconsideration. (Signed by Magistrate Judge Henry B. Pitman on 8/29/2013) (ja)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #192 HAS BEEN REJECTED. Note to Attorney Amy Rebecca Weissbrod : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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Filing 192
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Extension of Time to file Reply to Plaintiff's Motino for Reconsider and for the Court to Issue Subpoenas Against Plaintiff's Patent Attorneys. Document filed by Amy R. Gurvey.(Weissbrod, Amy) Modified on 8/29/2013 (db).
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Filing 191
LETTER addressed to Judge Lorna G. Schofield from Amy Gurvey, dated 8/22/13 re: Plaintiff requests a stay of forty-five(45) days in which to retain trial and legal ethics counsel to reply to defendants' opposition to Plaintiff's sub judice motion for reconsideration.. Document filed by Amy R. Gurvey.(sc)
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Filing 190
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Amy R. Gurvey dated 8/22/2013 re: Plaintiff now requests a stay of 45 days to retain trial and legal ethics counsel to reply to defendants' opposition to Plaintiff's sub judice motion for reconsideration. Defendants have cross-moved for Rule 37 sanction that is ludicrous under these circumstances. ENDORSEMENT: APPLICATION DENIED. Because this case is referred to the Honorable Magistrate Judge Henry Pitman for general pretrial supervision, any request for an extension of time with respect to the motion for reconsideration currently pending before him, must be directed to him. (Signed by Judge Lorna G. Schofield on 8/22/2013) (lmb)
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Filing 189
LETTER addressed to Judge Lorna G. Schofield from Richard Supple dated 8/22/2013 re: I write in response to plaintiff Amy Gurvey's letter of this date. Her application should be denied. Document filed by William Borchard, Baila Celedonia, Clear Channel Communications, Inc., Cowan, Liebowitz & Lathman, PC, Dale Head, Midge Hyman, Instant Live Concerts, LLC, Christopher Jensen, Live Nation, Inc., Nexticketing, Inc., Susan Schick, Steve Simon.(lmb)
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Filing 188
AFFIDAVIT OF SERVICE of Declaration of J. Richard Supple, Jr. in Response to Plaintiff Amy Gurvey's Notice of Motion for Reconsideration and "Excusable Delay in Discovery" served on Amy R. Gurvey on 08/21/13. Service was made by ECF and overnight mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 187
RESPONSE in Opposition re: #182 MOTION for Reconsideration to Magistrate's Docket Order #176.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (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)(Supple, John)
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Filing 186
OPINION AND ORDER re: #132 MOTION to Dismiss the Third Amended Complaint filed by Susan Schick, Michael Gordon. The Court has carefully reviewed Magistrate Judge Pitman's thorough and well reasoned Report, to which no objections were made, and finds no clear error on the face of the record. Dismissal of Michael Gordon and Susan Gordon from this action is appropriate. Accordingly, the Court AFFIRMS Magistrate Judge Pitman's Report and ADOPTS it in its entirety. The Clerk of Court is directed to close the motion at Docket Number 132 and to terminate Michael Gordon and Susan Gordon from this action., Michael Gordon terminated. (Signed by Judge Lorna G. Schofield on 8/19/2013) (lmb)
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Filing 185
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from Richard Supple dated 8/6/2013 re: Counsel requests that they be granted until August 21, 2013 to respond to Plaintiffs Declaration and Legal Memorandum, in Further Support of Reconsideration and Excusable Delay in Discovery, dated August 5, 2013, as well as her Notice of Motion for Reconsideration, dated August 1, 2013. ENDORSEMENT: APPLICATION GRANTED. (Responses due by 8/21/2013) (Signed by Magistrate Judge Henry B. Pitman on 8/7/2013) (ft) Modified on 8/8/2013 (ft).
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Filing 184
DECLARATION in Support re: #182 MOTION for Reconsideration to Magistrate's Docket Order #176.. Document filed by Amy R. Gurvey. (Weissbrod, Amy)
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Filing 183
DECLARATION in Support re: #182 MOTION for Reconsideration to Magistrate's Docket Order #176.. Document filed by Amy R. Gurvey. (Attachments: #1 Supplement Nith Cir Brief of Plaintiff Appellant Gurvey v. Legend Films et al., 12-57268 (9th Cir))(Weissbrod, Amy)
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Filing 182
MOTION for Reconsideration to Magistrate's Docket Order #176. Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 181
AFFIDAVIT OF SERVICE of Answer to Third Amended Complaint and Notice of Address Change served on Amy Gurvey on 08/01/13. Service was made by ECF, First Class Mail and Overnight mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 180
ANSWER to #47 Amended Complaint,. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 179
NOTICE OF CHANGE OF ADDRESS by John Richard Supple, Jr on behalf of William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. New Address: Hinshaw & Culbertson LLP, 800 Third Avenue, 13th Floor, New York, New York, USA 10022, (212) 471-6200. (Supple, John)
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Filing 178
REPORT AND RECOMMENDATION re: #132 MOTION to Dismiss the Third Amended Complaint filed by Susan Schick, Michael Gordon. For all the foregoing reasons, I respectfully recommend that the Gordons' motion to dismiss (Docket Item 132) be granted and that plaintiff's cross-motion for an extension of time to complete service on the Gordons (Docket Item 150) be denied. Objections to R&R due by 8/19/2013. (Signed by Magistrate Judge Henry B. Pitman on 7/31/2013) Copies Mailed By Chambers. (ft) Modified on 7/31/2013 (ft).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #177 MOTION for Reconsideration of Docket Orders 176, 177. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 177
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration of Docket Orders 176, 177. Document filed by Amy R. Gurvey. (Attachments: #1 Affidavit Declaration Legal Memorandum, #2 Supplement)(Weissbrod, Amy) Modified on 7/31/2013 (db).
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Filing 176
OPINION AND ORDER #103404 re: #154 MOTION for Extension of Time To Comply with Def Cowan's Request for Docs, to Further Respond to Court's Jan 14, 2013 Order and Respond to Def Cowan's Motion for Rule 37 Sanctions filed by Amy R. Gurvey, #119 CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint filed by Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen, William Borchard, #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP filed by Amy R. Gurvey. Accordingly, for all the foregoing reasons, plaintiff's motion for leave to amend (Docket Item 116) is denied, defendants' cross-motion to strike (Docket Item 119) is denied, plaintiff's motion to disqualify (Docket Item 150) is denied, plaintiff's motion for leave to serve defendants Michael Gordon and Susan Gordon and to compel discovery (Docket Item 150) is denied l plaintiff's motion for an extension of time to respond to defendants' discovery requests I my January 14, 2013 Order and defendants' motion for sanctions (Docket Item 154) is denied, and plaintiff's motion for sanctions (Docket Item 169) is denied. By no later than August 5, 2013, plaintiff is ordered to show cause why sanctions should not be imposed on her for her improper Rule 26(a)(1) disclosures and her failure to comply with my Orders of October 10, 2012 and January 14, 2013. Finally by no later than August 5, 2013, defendants are directed to answer plaintiff's Third Amended Complaint. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 7/15/2013) Copies Sent By Chambers. (rsh) Modified on 7/26/2013 (sdi).
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Set/Reset Deadlines: William Borchard answer due 8/5/2013; Baila Celedonia answer due 8/5/2013; Clear Channel Communications, Inc. answer due 8/5/2013; Michael Gordon answer due 8/5/2013; Dale Head answer due 8/5/2013; Midge Hyman answer due 8/5/2013; Instant Live Concerts, LLC answer due 8/5/2013; Christopher Jensen answer due 8/5/2013; Live Nation, Inc. answer due 8/5/2013; Nexticketing, Inc. answer due 8/5/2013; Susan Schick answer due 8/5/2013; Steve Simon answer due 8/5/2013. (rsh)
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Filing 175
LETTER addressed to Judge Lorna G. Schofield and Magistrate Judge Henry B. Pitman from Amy R. Gurvey dated 6/11/2013 re: Plaintiff prays that her Status Letter be accepted, that Plaintiffs proposed 5AC be authorized for service, that Cowan's motion for Rule 37 sanctions, be denied, and that a scheduling order be issued to compel production of all Cowan's outstanding discovery and depositions, discovery to include but not be limited to, all work and correspondence for Cowan clients in the field of Plaintiffs inventions since 2001, disciplinary proceedings, adverse orders in other litigation's, and all communications hard and electronic with Plaintiffs previous attorneys at S&F. Plaintiff also seeks four additional weeks prior to scheduling conference to complete review of S&F's electronic files and submit appellants briefs to the Ninth Circuit. Document filed by Amy R. Gurvey.(rsh)
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Filing 174
LETTER addressed to Judge Lorna G. Schofield from Richard Supple dated 6/12/2013 re: This firm represents the defendant group in this case known as the Cowan Defendants. We have received plaintiff Amy Gurvey's "status" letter to the Court, dated yesterday, and respectfully request that the Court schedule a conference to discuss moving this matter forward. The Cowan Defendants dispute virtually everything in Gurvey's letter, which was not responsive to the Court's order. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(rsh)
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Filing 173
LETTER addressed to Judge Lorna G. Schofield from Richard Supple dated 6/11/2013 re: In accordance with your order, dated April 11, 2013, defendants Cowan Liebowitz & Latman, P.C. ("Cowan Firm"), William Borchard, Midge Hyman, Baila Celedonia, Christopher Jensen (altogether, the "Cowan Defendants"), Michael Gordon ("Gordon") and Susan Schick (Schick") hereby submit their joint letter advising as to the status of this case. The Cowan Defendants are represented by Richard Supple of Hinshaw & Culbertson LLP. Gordon and Schick are represented by Michael Berlin of Greenberg Traurig LLP.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(rsh)
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Filing 172
AFFIDAVIT OF SERVICE of Declaration of J. Richard Supple, Jr. with annexed Exhibits A-J served on Amy Gurvey on June 18, 2013. Service was made by ECF; First Class Mail and Overnight Mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 171
DECLARATION of J. Richard Supple, Jr. in Support re: #145 MOTION for Sanctions Pursuant to Fed.R.Civ.P.37 (b)(2) and (c)(1).. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Supple, John)
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Filing 170
Letter addressed to Judge Lorna G. Schofield from Amy R. Gurvey dated 6/11/13 re: Plaintiff's 2nd Status Letter. Document filed by Amy R. Gurvey. (Attachments: #1 letter, #2 letter, #3 letter, #4 letter, #5 letter)(sc) Modified on 6/14/2013 (jcs).
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Mailed a copy of #168 Order, Set Hearings, to Amy R. Gurvey 315 Highland Avenue Montclair, NY 07043 (sdi)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #165 HAS BEEN REJECTED. Note to Attorney Amy Rebecca Weissbrod : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)
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Filing 168
ORDER: The conference previously scheduled for April 11, 2013 is hereby adjourned. The parties shall submit a joint status letter to this Court by June 11, 2013. The clerk is directed to mail a copy of this order to the pro se Plaintiff. (Signed by Judge Lorna G. Schofield on 4/10/2012) (ja)
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Filing 167
Letter addressed to Judge Lorna G. Schofield, from Amy R. Gurvey, dated 4/4/2013, re: Pursuant to the District Court's scheduling order - status letter and comments to the status document submitted by Cowan Liebowitz & Latman, P.C.'s attorney Richard Supple, Esq. Plaintiff contests Cowan's report on several grounds. Document filed by Amy R. Gurvey.(ja)
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Filing 166
Letter addressed to Judge Lorna G. Schofield, from Richard Supple, dated 4/5/2013, re: In accordance with your order, dated March 19, 2013, the defendants, as listed herein, hereby submit their joint letter advising as to the status of this case. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Michael Gordon, Midge Hyman, Christopher Jensen, Susan Schick.(ja)
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Transmission to Docket Assistant Clerk. Transmitted re: #168 Order, Set Hearings to the Docket Assistant Clerk for case processing. (ja)
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Filing 165
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. Writ of Replevin of Plaintiff's files from former attorneys Squitieri & Fearon, LLP and Extension of Time to Comply With Def Cowan's Discovery Requests Document filed by Amy R. Gurvey.(Weissbrod, Amy) Modified on 4/11/2013 (ka).
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Filing 164
AFFIDAVIT OF SERVICE of Declaration of Michael A. Berlin in Support of the Gordons' Response and in Further Support of their Motion to Dismiss the Complaint, Memorandum of Law, and Declarations of Marisol Rivera and Michael I. Wolfson served on all parties of record via ECF and regular mail upon Plaintiff on 04/10/13. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 163
DECLARATION of Marisol Rivera in Opposition re: #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP.. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 162
DECLARATION of Michael I. Wolfson in Opposition re: #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP.. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 161
DECLARATION of Michael A. Berlin in Opposition re: #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP.. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 160
RESPONSE in Opposition re: #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP. and in Further Support re: #132 MOTION TO DISMISS. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #158 HAS BEEN REJECTED. Note to Attorney Amy Rebecca Weissbrod : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (ka)
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Filing 159
LETTER addressed to Honorable Lorna Schofield from Amy R. Gurvey dated April 4, 2013; re: Plaintiff writes this letter giving the status of the case; and contests the status report submitted by defendant's attorney, Richard Supple, Esq. with her comments herein. Document filed by Amy R. Gurvey.(sc) Modified on 4/9/2013 (sc).
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Filing 158
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STATUS REPORT. Document filed by Amy R. Gurvey.(Weissbrod, Amy) Modified on 4/8/2013 (ka).
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Filing 157
AFFIDAVIT OF SERVICE of Declaration of J. Richard Supple, Jr. in Opposition to Motion for Extension of Time with Annexed Exhibits served on Amy Gurvey on April 4, 2013. Service was made by Overnight mail and ECF. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 156
DECLARATION of J. Richard Supple, Jr. in Opposition re: #154 MOTION for Extension of Time To Comply with Def Cowan's Request for Docs, to Further Respond to Court's Jan 14 2013 Order and Respond to Def Cowan's Motion for Rule 37 Sanctions.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Supple, John)
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Filing 155
DECLARATION of Amy R. Gurvey in Support re: #154 MOTION for Extension of Time To Comply with Def Cowan's Request for Docs, to Further Respond to Court's Jan 14 2013 Order and Respond to Def Cowan's Motion for Rule 37 Sanctions.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Plaintiff's Previous Motion for Ext of Time Based on Emergent Hospitalization Not Adjudicated, #2 Exhibit USPTO Solicitor Production December 2012-March 2013, #3 Exhibit NJ Super Court Asbetsos Property Damages and Personal Injuries Complaint, #4 Exhibit Asbestos Confirm Plaintiff's Medical Injuries, #5 Exhibit Squitieri & Fearon Confirmation of Withholding Plaintiff's Files, #6 Exhibit Memo Law Writ of Replevin Ps Files, #7 Exhibit Cowan Unresponsive 1st Production Nov 2012, #8 Exhibit Ps Hurricane Sandy Evacuatino Rule 26(a) Disclosures, #9 Exhibit Ps Previous Letter to Magistrate Requesting Extension of Time)(Weissbrod, Amy)
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Filing 154
MOTION for Extension of Time To Comply with Def Cowan's Request for Docs, to Further Respond to Court's Jan 14 2013 Order and Respond to Def Cowan's Motion for Rule 37 Sanctions. Document filed by Amy R. Gurvey. Return Date set for 4/11/2103 at 11:00 AM.(Weissbrod, Amy)
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Filing 153
MEMORANDUM OF LAW in Opposition re: #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP. Memorandum to Disqualify Greenberg & Traurig and Extend Rime to Effect Service. Document filed by Amy R. Gurvey. (Weissbrod, Amy)
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Filing 152
MEMORANDUM OF LAW in Support re: #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP. Memo of Law in Support of Writ of Replevin to Mandate Return of Ps Electronic Files from Squitieri & Fearon, LLP. Document filed by Amy R. Gurvey. (Weissbrod, Amy)
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Filing 151
DECLARATION of Amy R. Gurvey Plaintiff in Support re: #150 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit USPTO Solicitor March 2013, #2 Exhibit Def Schick Cowan Email1 2002, #3 Exhibit Def Schick Cowan Email2 2002, #4 Exhibit Squitieri Ps Withholding Client Boxes and Efiles, #5 Exhibit 2d Cir Order February 10 2012, #6 Exhibit Award of Arbitrator, #7 Exhibit Cowan Arbitration Testimony March 23 2009, #8 Exhibit asbestos Evacuation Gurvey Medical Injuries, #9 Exhibit NJ Super Court ASdbestos Preoperty Damages and Personal Injuries Complaint)(Weissbrod, Amy)
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Filing 150
CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Replevin to Mandate Return of Electronic Files from Previous Attorneys Squitieri & Fearon, LLP. Document filed by Amy R. Gurvey. Return Date set for 4/11/2013 at 11:00 AM.(Weissbrod, Amy)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #149 CROSS MOTION to Appoint. MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Mandamus to Compel Return of Electronic Files from Plaintiff's Former Attorney Squitieri & Fearon, LLP. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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Filing 149
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION to Appoint., MOTION to Disqualify Counsel Extend Time to Effect Service and for a Writ of Mandamus to Compel Return of Electronic Files from Plaintiff's Former Attorney Squitieri & Fearon, LLP.( Return Date set for 4/11/2013 at 11:00 AM., Return Date set for 4/11/2103 at 11:00 AM.) Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Plaintiff's Declaration in Support, #2 Exhibit Memorandum of Law, #3 Exhibit Def Schick Cowan Email1 2002, #4 Exhibit Schick Cowan Email2 2002, #5 Exhibit Squtieri Client Boxes, #6 Exhibit 2d Cir Order February 10 2102, #7 Exhibit Award of SDNY Arbitrator August 4 2009, #8 Exhibit Cowan Arbitration Transcript March 23 2009 pp 212-213, #9 Exhibit USPTO Solicitor March 2013, #10 Exhibit Asbestos Disaster Gurvey Medical, #11 Exhibit Super Court NJ Asbestos Property Damages and Personal Injuries Complaint)(Weissbrod, Amy) Modified on 4/2/2013 (db).
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Filing 148
AFFIDAVIT OF SERVICE of Notice of Motion for Sanctions Pursuant to Fed.R.Civ.P. 37 (b)(2) and (c)(1); Declaration of J. Richard Supple, Jr. in Support of Motion for Discovery Sanctions with annexed Exhibits A-O; Memorandum of Law in Support of Motion and Unpublished Decisions served on Amy R. Gurvey on March 27, 2013. Service was made by ECF and Overnight Mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 147
MEMORANDUM OF LAW in Support re: #145 MOTION for Sanctions Pursuant to Fed.R.Civ.P.37 (b)(2) and (c)(1).. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 146
DECLARATION of J. Richard Supple, Jr. in Support re: #145 MOTION for Sanctions Pursuant to Fed.R.Civ.P.37 (b)(2) and (c)(1).. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Supple, John)
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Filing 145
MOTION for Sanctions Pursuant to Fed.R.Civ.P.37 (b)(2) and (c)(1). Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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Filing 144
FILING ERROR - DEFICIENT DOCKET ENTRY - COUNTER MEMORANDUM OF LAW in Support re: #143 CROSS MOTION to Disqualify Counsel to Disqualify Counsel for defs Susan Schick and Michael Gordon; to Extend Time to Effect Service and for an Order of Replevin to Order Unlawfully Withheld Client Files from Plaintiff's Former Attorney. and in Opposition to Def Schick and Gordon's Motion for Dismissal Based on Alleged Improper Service. Document filed by Amy R. Gurvey. (Weissbrod, Amy) Modified on 3/27/2013 (db).
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Filing 143
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION to Disqualify Counsel to Disqualify Counsel for defs Susan Schick and Michael Gordon; to Extend Time to Effect Service and for an Order of Replevin to Order Unlawfully Withheld Client Files from Plaintiff's Former Attorney. Document filed by Amy R. Gurvey. Return Date set for 4/11/2013 at 11:00 AM. (Attachments: #1 Exhibit USPTO Solicitor March 2013, #2 Exhibit Def Schick Cowan Email1 2002, #3 Exhibit Def Schick Cowan Email2 2002, #4 Exhibit Squitieri Former Atty Withholding Client Files, #5 Exhibit 2d Cir Order Feb 10 2012, #6 Exhibit Award of SDNY Arbitrator August 4 2009, #7 Exhibit Def Cowan Testiimony Arbitration Transcript March 23, 2009, #8 Exhibit Asbestos Disaster Gurvey Medical, #9 Exhibit Super Court NJ Asbestos Property Damages and Personal Injuries Complaint)(Weissbrod, Amy) Modified on 3/27/2013 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #142 CROSS MOTION to Disqualify Counsel Extend Time To Effect Service and for Writ of Replevin to Order Return of Hard and Electronic Client Files. ERROR(S): Supporting Documents are filed separately, each receivingt their own document #. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #143 CROSS MOTION to Disqualify Counsel to Disqualify Counsel for defs Susan Schick and Michael Gordon; to Extend Time to Effect Service and for an Order of Replevin to Order Unlawfully Withheld Client Files from Plaintiff's Former Attorney. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #144 Memorandum of Law in Support of Motion. ERROR(S): Document linked to filing error. (db)
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Filing 142
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION to Disqualify Counsel Extend Time To Effect Service and for Writ of Replevin to Order Return of Hard and Electronic Client Files. Document filed by Amy R. Gurvey. Return Date set for 4/11/2013 at 11:00 PM. (Attachments: #1 Exhibit Memorandum of Law, #2 Exhibit Schick Cowan Email 2002, #3 Exhibit Schick Cowan Email2 2002, #4 Exhibit Squitieri Email Client Boxes Jan 2013, #5 Exhibit 2d Cir Order Feb 10 2012, #6 Exhibit Award of SDNY Arbitrator August 4 2009, #7 Exhibit Cowan Arbitration Transcript March 23 2009 pp 212-213, #8 Exhibit USPTO Solicitor March 2013, #9 Exhibit Asbestos Disaster Medical, #10 Exhibit Super Court NJ Asbestos Contamination Proper Damages and Personal Injuries Complaint)(Weissbrod, Amy) Modified on 3/27/2013 (db).
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #141 CROSS MOTION for Extension of Time to File and Disqualify Counsel. ERROR(S): No signature or s/. NOTE: The signature or s/ is missing on both the Motion and Declaration. (ldi)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney Amy Rebecca Weissbrod to RE-FILE Document #140 CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and Compel Retained Client Files from Previous Attorney., #141 CROSS MOTION for Extension of Time to File and Disqualify Counsel. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 141
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION for Extension of Time to File and Disqualify Counsel. Document filed by Amy R. Gurvey. Return Date set for 4/11/2013 at 10:00 AM. (Attachments: #1 Exhibit Memorandum of Law, #2 Exhibit Def Schick Cowan Email 2002, #3 Exhibit Schick Cowan Email 2002, #4 Exhibit Squiteri Client Boxes, #5 Exhibit 2d Cir Order Feb 10 2012, #6 Exhibit Award of SDNY Arbitrator August 4 2009, #7 Exhibit Cowan Arbitration Transcript March 23 2009 pp 212-213, #8 Exhibit USPTO Solicitor March 2013, #9 Exhibit Asbestos Disaster Gurvey Medical, #10 Exhibit Super Court NJ Asbestos Property damages and Personal Injuries Complaint 2010-L-10711; L-7554)(Weissbrod, Amy) Modified on 3/25/2013 (ldi).
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Filing 140
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION to Disqualify Counsel Extend Time to Effect Service and Compel Retained Client Files from Previous Attorney. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit USPTO Solicitor and OEM Office Ltr Requested of Plaintiff March, 2013, #2 Exhibit Def Schick Cowan E-mail 2002, #3 Exhibit Def Schick Cowan Email2 2002, #4 Exhibit 2d Cir Order Feb 10 2012, #5 Exhibit Award of SDNY Arbitrator August 2009, #6 Exhibit Cowan Arbitration Transcripts March 23 2009 pp 212-213, #7 Exhibit Medical ARGurvey Injuires re Asbestos Exposure since 2009, #8 Exhibit Super Court NJ Gurvey v State Farm Asbestos Property Damage and INjury Litigation Case No. 2010-L-10711)(Weissbrod, Amy) Modified on 3/25/2013 (ldi).
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Filing 139
ORDER: This case has been assigned to me for all purposes. A status conference with the Court will be held at the time and place listed below. Any party proceeding pro se (without an attorney) must appear in person. Any party who has retained counsel prior to the conference need not personally attend and should instead have their attorney attend on their behalf. The parties are also directed to review and comply with the Courts Individual Rules of Practice in Pro Se Cases (Pro Se Rules), which are attached to this order. The parties are further directed to submit a joint status letter to the Court no later than April 5, 2013. The parties should append the most recent complaint and the most recent scheduling order to the status letter. The letter should be sent to the pro se office in accordance with the Pro Se Rules. The status letter should not exceed 5 pages and should include the following listed herein. Unless notified otherwise by the Court, the parties should presume that any Scheduling Order or Case Management Plan remains in effect notwithstanding the cases transfer. Any request for an extension or adjournment shall be made by letter as provided in Pro Se Rule 1.C and must be received at least 48 hours before the deadline or conference. The clerk is directed to mail a copy of this order to the pro se Plaintiff. Status Conference set for 4/11/2013 at 11:00 AM in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 3/19/2013) (ft)
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Transmission to Docket Assistant Clerk. Transmitted re: #139 Scheduling Order to the Docket Assistant Clerk for case processing. (ft)
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Filing 138
NOTICE OF CASE REASSIGNMENT to Judge Lorna Gail Schofield. Judge Barbara S. Jones is no longer assigned to the case. (pgu)
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Filing 137
CERTIFICATE OF SERVICE of Notice of Motion to Dismiss and Supporting Documents served on All Parties/Attorneys of Record on 02/22/2013. Service was made by ECF and MAIL. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 136
AFFIDAVIT of Susan Gordon in Support re: #132 MOTION to Dismiss the Third Amended Complaint.. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 135
AFFIDAVIT of Michael Gordon in Support re: #132 MOTION to Dismiss the Third Amended Complaint.. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 134
MEMORANDUM OF LAW in Support re: #132 MOTION to Dismiss the Third Amended Complaint.. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 133
DECLARATION of Michael A. Berlin in Support re: #132 MOTION to Dismiss the Third Amended Complaint.. Document filed by Michael Gordon, Susan Schick. (Berlin, Michael)
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Filing 132
MOTION to Dismiss the Third Amended Complaint. Document filed by Michael Gordon, Susan Schick. Responses due by 3/8/2013 Return Date set for 3/22/2013 at 09:30 AM.(Berlin, Michael)
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Filing 131
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION for Extension of Time to Complete Discovery Hospitalization and Plaintiff's previous atty's unlawful withholding of client files. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Email confirming unlawful withholding of Plaintiff's client files, #2 Exhibit Squitieri & Fearon e-mails confirming improper withholding of Plaintiff's client files, #3 Exhibit Appl to compel Plaintiff's client files, #4 Exhibit Cowan's first unresponsible production inconsistent with 2003 CD Rom sent to Plaintiff, #5 Exhibit NY Supreme Court order of August, 1998 confirming HUD landlords' attorney's unilateral and material forgery of Housing Part documents, #6 Exhibit SDCA Rule 60(b) Motion in Gurvey v. Legend Films 09-042-cv, #7 Exhibit SDCA Rule 60(b) Gurvey v. Legend Films 09-0942-cv Memo of Law)(Weissbrod, Amy) Modified on 1/16/2013 (db).
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #131 HAS BEEN REJECTED. Note to Attorney Amy Rebecca Weissbrod : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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Filing 130
ORDER: 1. Plaintiff shall respond to Cowan, Liebowitz & Latham's discovery requests by January 17, 2013. 2. No later than January 17, 2013, Plaintiff shall submit to me written explanations of how each of her discovery requests served upon Cowan, Liebowitz & Latham is relevant to the two claims -- attorney malpractice and breach of fiduciary duty. Plaintiff shall address each discovery request individually. No later than January 31, 2013, Cowan, Liebowitz & Latham shall submit to me its response to Plaintiff's submission.(Signed by Magistrate Judge Henry B. Pitman on 1/14/2013) Copies Sent By Chambers. (djc)
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Discovery Hearing held on 1/3/2013. (bh)
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Filing 129
REPLY MEMORANDUM OF LAW in Support re: #119 CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint.CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. Plaintiff's Reply Memorandum. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Cowan 1st doc production Dec 2012, #2 Exhibit Ltr to Mag Pitman 12-4-12 Overdue Discovey Conference per April 2012 order, #3 Exhibit Schick Cowan Email 2002, #4 Exhibit Schick Cowan Email#2 2002, #5 Exhibit Jensen Cowan Email 2002, #6 Exhibit Ps Rule 26(a) Disclosures, #7 Exhibit Ps Proposed 5AC)(Weissbrod, Amy)
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Filing 128
TRUE COPY ORDER of USCA as to #71 Notice of Appeal filed by Amy R. Gurvey, #83 Notice of Appeal filed by Amy R. Gurvey USCA Case Number 09-2185(L), 10-4111(con).On February 10, 2012, the Court issued a Summary Order affirming the District Court's decision in part, vacating in part and remanding for further proceedings. Appellant filed a Bill of Costs, The application for costs is GRANTED in Part. Appellant is entitled to the sum of $377.36 in costs. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 12/18/2012. (nd)
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Filing 127
ORDER: Plaintiff's application for an extension of time to file a reply in further support of her application to file a fifth amended complaint is granted. Plaintiff shall serve and file her reply no later than January 2, 2013. The other matters raise in plaintiff's letters dated December 4, 2012 will be discussed at a conference that will be held on January 3, 2013 at 2:00 p.m. (Signed by Magistrate Judge Henry B. Pitman on 12/6/2012) Copies Sent By Chambers (djc)
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Set/Reset Deadlines: Replies due by 1/2/2013. Set/Reset Hearings: Status Conference set for 1/3/2013 at 02:00 PM before Magistrate Judge Henry B. Pitman. (djc)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #126 HAS BEEN REJECTED. Note to Attorney Amy Rebecca Weissbrod : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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Filing 126
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - FIRST MOTION for Extension of Time to Reply to Def's Opp to Plaintiff's 5AC, to Set Discovery Schedule per SDNY's order of Aprl 4, 2012; and for permission to compel discovery from Cowan defs. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Ps rule 26(a) Disclosures 11-9-12, #2 Exhibit SDNY Arbitration Transcript Def Cowan's Testimony March 23, 2009, #3 Exhibit Award of Arbitrator)(Weissbrod, Amy) Modified on 12/5/2012 (db).
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Request for Subpoena Received at the Pro Se Counter: Request for 10 subpoena(s) from Amy R. Gurvey received on 11/28/12. (sac)
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Filing 125
RULE 26 DISCLOSURE.Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Cold Spring Labs v Ropes & Gray D Mass Order compelling discovery in favor of P-inventor 2011 WL 4882893, #2 Exhibit Cold Spring Labs v Ropes & Gray D Mass Order upholding P-Inventor's Legal mp, Breach of Fiduciary Duty and Fraud Complaint 840 F. Supp. 2d 473 (2012), #3 Exhibit SDNY Gurvey v Cowan Arbitration Transcripts Excerpts Def Cowan's Testimony March 23, 2009, #4 Exhibit SDNY Gurvey v Cowan August 4, 2009 Award of Arbitrator in P Gurvey's Favor, #5 Exhibit Gurvey v. Legend Films SDCA Ps Reply To Rule 60(b) and 59(e) Motion 10-26-12)(Weissbrod, Amy)
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Filing 124
RULE 26 DISCLOSURE.Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit cold Spring Order Compelling discovery in favor of P 2011 WL 2884893, #2 Exhibit Cold Spring v Ropes & Gray D.Mass Order 2012, #3 Exhibit Arbitration Transcript Def Cowan's Testimony March 23, 2009, #4 Exhibit SDNY Award of Arbitrator August 4, 2009, #5 Exhibit Gurvey v. Legend Films/Legnd 3D Reply Rule 60(b) and 59(e) October 26, 2012)(Weissbrod, Amy)
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Filing 123
ENDORSED LETTER addressed to Magistrate Judge Henry B. Pitman from J. Richard Supple Jr. dated 11/6/2012 re: Defense counsel requests that the parties' time to make initial disclosure discovery disclosures be extended from today until November 9, 2012. ENDORSEMENT: Application granted nunc pro tunc. So Ordered., ( Discovery due by 11/9/2012.) (Signed by Magistrate Judge Henry B. Pitman on 11/7/2012) (ago)
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Filing 122
AFFIDAVIT OF SERVICE of Notice of Cross-Motion, Declaration of J. Richard Supple, Jr. with exhibits and Memorandum of Law in Opposition to Plaintiff's Motion for Leave to File Fifth Amended Complaint and for Other Relief served on Amy R. Gurvey on 11-06-12. Service was made by ECF and Mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 121
MEMORANDUM OF LAW in Opposition re: #119 CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint.CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 120
DECLARATION of J. Richard Supple, Jr. in Opposition re: #119 CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint.CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA)(Supple, John)
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Filing 119
CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen.(Supple, John)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #115 HAS BEEN REJECTED. Note to Attorney Amy Rebecca Weissbrod : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Note to Attorney John Richard Supple to RE-FILE Document #118 CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. ERROR(S): Opposing Documents are filed separately, each receiving their own document #. (db)
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Filing 118
FILING ERROR - DEFICIENT DOCKET ENTRY - CROSS MOTION to Strike Document No. #116 certain matter from the plaintiff's proposed Fifth Amended Complaint. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Declaration of J. Richard Supple in Opposition to Plaintiff's Motion for Leave to File Fifth Amended Complaint and for Other Relief, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O, #17 Exhibit P, #18 Exhibit Q, #19 Exhibit R, #20 Exhibit S, #21 Exhibit T, #22 Exhibit U, #23 Exhibit V, #24 Exhibit W, #25 Exhibit X, #26 Exhibit Y, #27 Exhibit Z, #28 Exhibit AA, #29 Memorandum of Law, #30 Affidavit of Service)(Supple, John) Modified on 11/7/2012 (db).
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Filing 117
ORDER withdrawing #109 Motion to Amend/Correct. It is hereby ORDERED that: 1. Plaintiff's motion to file a Fourth Amended Complaint (Docket Item 109) is withdrawn and the Clerk of the Court is directed to mark the item closed. 2. Defendants' application to recover the legal fees it incurred in responding to plaintiff's motion to file a Fourth Amended Complaint is denied. 3. The submission plaintiff made in Docket Item 116 shall be deemed a motion to file a Fifth Amended Complaint. Defendants shall serve and file their opposition to the motion no later than November 6, 2012. Plaintiff shall serve file her reply in support of her application no later than December 4, 2012. 4. No later than November 6, 2012, all parties shall make the disclosures required by Fed.R.Civ.P. 26 (a) (1) with respect to the malpractice and breach- of-fiduciary duty claims that were upheld by the United States Court of Appeals. 5. Non-deposition discovery may proceed with respect to the malpractice and breach- of-fiduciary duty claims that were upheld by the United States Court of Appeals. (Signed by Magistrate Judge Henry B. Pitman on 10/10/2012) Copies Sent By Chambers. (lmb)
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Set/Reset Deadlines: Responses due by 11/6/2012. Replies due by 12/4/2012. (lmb)
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Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Status Conference held on 10/9/2012. Status Conference held, order to follow. (djc)
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Filing 116
REPLY MEMORANDUM OF LAW in Support re: #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint. Suppl Motion Docket #115 filed 9-12-12. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Ps Proposed 5th Amended Complaint filed 9-12-12 with Docket #115, #2 Exhibit Arbitration Transcript Excerpts March 23, 2009, #3 Exhibit Def Christopher Jensen, Esq. E-Mail 2002, #4 Exhibit Cowan Assoc Susan Schick, Esq. E-Mail 2002, #5 Exhibit USDC Award of Arbitrator August 4, 2009, #6 Exhibit Legend Films E-Mail 2002)(Weissbrod, Amy)
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Filing 115
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - REPLY to Response to Motion re: #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint., #110 MOTION for Extension of Time to File Response/Reply as to #107 Order on Motion to Compel,,, #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint.. MOTION for Extension of Time to File Response/Reply as to #107 Order on Motion to Compel,,, #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint.. MOTION for Extension of Time to File Response/Reply as to #107 Order on Motion to Compel,,, #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint.. Reply to Def Opp to Ps Amended Complaint and Motoin to Compel Discovery. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit Order D Mass Upholding Complaint Cold Spring Harbor Labs v. Ropes & Gray 2012, #2 Exhibit Order Compelling Discovery D Mass Cold Spring Harbor Labs v. Ropes & Gray 2011, #3 Exhibit Ps Proposed 5th Amended Complaint, #4 Exhibit Susan Schick Esq Email 1 to Cowan Defs 2002, #5 Exhibit Susan Schick Esq Email 2 to Cowan Defs 2002, #6 Exhibit Christopher Jensen Esq Email 2002)(Weissbrod, Amy) Modified on 11/7/2012 (db).
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Filing 114
AFFIDAVIT OF SERVICE of Declaration of J. Richard Supple, Jr. in Opposition and Memorandum of Law in Opposition to Plaintiff's Motion for Leave to File Fourth Amended Complaint and for Other Relief served on Amy R. Gurvey on September 12, 2012. Service was made by Overnight Mail. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 113
MEMORANDUM OF LAW in Opposition re: #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Supple, John)
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Filing 112
DECLARATION of J. Richard Supple, Jr. in Opposition re: #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Supple, John)
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Filing 111
ORDER: Since plaintiff has chosen to actively litigate this matter despite my issuance of a stay at plaintiff's request, the stay is hereby vacated and the matter is restored to the Court's active calendar. Accordingly, I conclude that the best way to address plaintiff's motion is for defendants to serve and file a formal response and for plaintiff to serve and file her reply. Defendants shall serve and file their opposition papers no later than September 12, 2012. Plaintiff shall serve and file her reply no later than September 28, 2012.( Responses due by 9/12/2012, Replies due by 9/28/2012.) (Signed by Magistrate Judge Henry B. Pitman on 8/2/2012) Copies Sent By Chambers. (ja)
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Filing 110
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION for Extension of Time to File Response/Reply as to #107 Order on Motion to Compel,,, #109 MOTION to Amend/Correct Leave to File 4th Amended Complaint.. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Affidavit of Service)(Supple, John) Modified on 7/26/2012 (db).
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #110 HAS BEEN REJECTED. Note to Attorney John Richard Supple : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (db)
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Filing 109
MOTION to Amend/Correct Leave to File 4th Amended Complaint. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit 4th Amended Complaint, #2 Exhibit Certified Signature Page, #3 Exhibit Award of SDNY Arbitrator)(Weissbrod, Amy)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Amy Rebecca Weissbrod to MANUALLY RE-FILE Document No. #108 Amended Complaint. This document is not filed via ECF. ***REMINDER*** - Motion to Amend/Correct WAS NOT filed. (db)
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Filing 108
FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - MOTION to Amend/Correct Plaintiff's Fourth Amended Complaint. Document filed by Amy R. Gurvey. (Attachments: #1 Supplement Plaintiff's Certification plus Signature Page)(Weissbrod, Amy) Modified on 7/16/2012 (db).
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Filing 107
ORDER granting in part and denying in part #102 Motion to Compel. For the reasons set forth below, the motion is granted in part and denied in part. To the extent plaintiff is seeking ECF privileges, her application is granted. Plaintiff is directed to consult with the Clerk's Office and to attend whatever training is necessary to utilize the Court's ECF system. To the extent plaintiff is seeking expedited document discovery, her application was denied by my Order in this matter dated June 11, 2012 (Docket Item 103). Finally, plaintiff's application for an additional 45-day stay to seek counsel is granted. All proceedings are stayed until August 14, 2012 to permit plaintiff to retain counsel. IN THE ABSENCE OF EXTRAORDINARY CIRCUMSTANCES, THE STAY WILL NOT BE FURTHER EXTENDED. (Signed by Magistrate Judge Henry B. Pitman on 6/29/2012) Copies Sent By Chambers. (jfe)
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Filing 106
RESPONSE re: #105 MOTION to Compel. Declaration of J. Richard Supple, Jr. in Response to Plaintiff Amy Gurvey's "Ex Parte" Application for an Additional Stay, for ECF Privileges and for Expedited Discovery. Document filed by William Borchard, Baila Celedonia, Cowan, Liebowitz & Lathman, PC, Midge Hyman, Christopher Jensen. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Affidavit of Service)(Supple, John)
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Filing 103
ORDER: Discovery in this action is limited to discovery relevant to the claims and defenses in this action. The papers currently before me fail to demonstrate how discovery from Legend Films bears on plaintiff's claims against the Cowan defendants for attorney malpractice and breach of fiduciary duty. Defendants' counsel is directed to respond to the remaining aspects of plaintiff's application no later than June 18, 2012. SO ORDERED. (Signed by Magistrate Judge Henry B. Pitman on 6/11/2012) Copies Sent By Chambers. (ama)
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Filing 102
MOTION to Compel Discovery on Legend Films and extension of 45 days to retain counsel and file 4th amended complaint. Document filed by Amy R. Gurvey.(Weissbrod, Amy)
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Filing 105
PLAINTIFF'S EX PARTE APPLICATION TO BE GRANTED EXPEDITED ECF PRIVILEGES; EXPEDITED PRELIMINARY DISCOVERY DOCUMENTS CONCERNING LEGEND FILMS; AND AN ORDER TO EXTEND STAY OF OTHER PROCEEDINGS FOR ADDITIONAL 45 DAYS TO COMPLETE RETENTION OF COUNSEL. Document filed by Amy R. Gurvey.(cd) Modified on 6/12/2012 (tro).
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***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Amy R. Gurvey to E-MAIL the PDF for Document #3 Amended Complaint, #1 Complaint to: caseopenings@nysd.uscourts.gov. All pdfs must include case number and corresponding document number. (Chiappetta, Gina)
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Appeal Record Returned. Indexed record on Appeal Files for Appeal Record Sent to USCA - File USCA Case Number 10-4111, returned from the U.S. Court of Appeals. (nd)
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Filing 100
ORDER. The Court is in receipt of Plaintiff's letter request of for a 45-day stay of the proceedings to allow her to retain patent malpractice trial counsel. (Letter dated Apr. 5, 2012.) In their letter response, Defendants oppose Plaintiff's request for a stay. For the reasons stated in this order, the Court grants Plaintiff's request, and as further set forth. (Signed by Judge Barbara S. Jones on 4/16/2012) (rjm) Modified on 4/16/2012 (rjm).
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Case Stayed. (rjm)
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Filing 99
Letter addressed to Judge Barbara S Jones from Amy R Gurvey dated 4/5/2012 re: Request for a 45 day stay. Document filed by Amy R. Gurvey.(cd)
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Filing 97
ENDORSED LETTER addressed to Judge Barbara S. Jones from J. Richard Supple, Jr. dated 4/4/2012 re: Counsel requests an extension of time until 4/27/2012 to serve and file an answer to plaintiff's Third Amended Complaint. ENDORSEMENT: So ordered. Cowan, Liebowitz & Lathman, PC answer due 4/27/2012. (Signed by Judge Barbara S. Jones on 4/5/2012) (tro)
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Filing 96
NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Henry B. Pitman, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Theodore H. Katz no longer referred to the case. (sjo)
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Filing 95
NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Henry B. Pitman. Please note that this is a reassignment of the designation only. (sjo) (Main Document 95 replaced on 4/6/2012) (sjo).
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Filing 94
ORDER. The status conference previously set for April 5, 2012 at 2:00 p.m. is adjourned. By separate order, the Court is referring the case to Magistrate Judge Katz to set a discovery schedule, and the parties will hear from him shortly. (Signed by Judge Barbara S. Jones on 4/4/2012) (rjm)
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Filing 93
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Barbara S. Jones on 4/4/2012) (rjm)
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Filing 92
ORDER: This case has been remanded for further proceedings by mandate of the Court of Appeals. The parties are directed to appear in Courtroom 17C of the United States District Court, 500 Pearl Street, New York, NY 10007 on April 5, 2012 at 2:00 p.m. for a status conference., ( Status Conference set for 4/5/2012 at 02:00 PM in Courtroom 17C, 500 Pearl Street, New York, NY 10007 before Judge Barbara S. Jones.) (Signed by Judge Barbara S. Jones on 3/14/2012) (lmb)
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Filing 91
MANDATE of USCA (Certified Copy) as to #71 Notice of Appeal filed by Amy R. Gurvey, #83 Notice of Appeal filed by Amy R. Gurvey USCA Case Number 09-2185-cv(L), 10-4111-cv(Con). Ordered, Adjudged and Decreed that the judgment of the District Court is AFFIRMED in part, and VACATED and REMANDED in part.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 03/12/2012. (nd)
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Transmission of USCA Mandate/Order to the District Judge re: #91 USCA Mandate,. (nd)
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Filing 90
MANDATE of USCA (Certified Copy) as to #71 Notice of Appeal filed by Amy R. Gurvey, #83 Notice of Appeal filed by Amy R. Gurvey USCA Case Number 10-3698-op, 09-2185-cv, 10-4111-cv. Petitioner, pro se, has filed a petition for a writ of mandamus and moves for a stay of her appeals in dockt nos. 09-2185-cv and 10-4111-cv pending disposition of the petition. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioner has not demonstrated that she lacks an adequate, alternative means of obtaining relief. It is further ORDERED that the motion for a stay pending appeals is DENIED as moot. It is further ORDERED that the appeals in Dockt Nos. 09-2185-cv and 10-4111-cv shall be consolidated. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 02/23/2011. (nd)
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Transmission of USCA Mandate/Order to the District Judge re: #90 USCA Mandate,,,. (nd)
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USCA Appeal Fees received $ 455.00 receipt number E 924866 on 1/3/2011 at 3:41:31 PM re: #83 Notice of Appeal filed by Amy R. Gurvey. (tp)
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Transmission of Appeal Fee and Certified Copy of Docket Sheet to US Court of Appeals re: #83 Notice of Appeal. (tp)
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USCA Case Number 10-4111 from the US Court of Appeals,, Second Circuit assigned to #83 Notice of Appeal filed by Amy R. Gurvey. (nd)
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Filing 85
ORDER: The Court no longer has jurisdiction, however, because the case is now before the Second Circuit Court of Appeals. Because Plaintiff's appeal divested the Court of jurisdiction, the Court also notes that the filing of any additional motions addressed to the Court while Plaintiff's appeal is pending is inappropriate. For the reasons provided above, Plaintiff's requests are DENIED. (Signed by Judge Barbara S. Jones on 10/14/2010) (jpo)
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Appeal Record Sent to USCA (File). Indexed record on Appeal Files for #83 Notice of Appeal filed by Amy R. Gurvey were transmitted to the U.S. Court of Appeals. (tp)
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Filing 84
Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for #83 Notice of Appeal filed by Amy R. Gurvey 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd).
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Transmission of Notice of Appeal to the District Judge re: #83 Notice of Appeal. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #83 Notice of Appeal. (tp)
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Filing 82
LETTER addressed to Judge Barbara S. Jones from Amy R. Gurvey dated 9/22/10 re: Plaintiff requests that the Court also issue an order updating and amending the case docket to include the arbitration award in plaintiff's favor rendered in August 2009. Document filed by Amy R. Gurvey.(mro)
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Filing 83
NOTICE OF APPEAL from #67 Clerk's Judgment, #80 Order on Motion for Reargument, #66 Memorandum & Opinion. Document filed by Amy R. Gurvey. (tp)
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Appeal Remark as to #83 Notice of Appeal filed by Amy R. Gurvey. $455.00 APPEAL FEE DUE. (tp)
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Filing 81
ORDER: Plaintiff's attorney's amended motion to withdraw (Dkt. 79) as counsel is GRANTED. (Signed by Judge Barbara S. Jones on 9/21/2010) (jpo)
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Filing 80
ORDER: For the reasons provided above, Plaintiff's motion for reargument and reconsideration (Dkt. 68) is DENIED. (Signed by Judge Barbara S. Jones on 9/20/2010) (jfe)
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Filing 79
AMENDED MOTION to Amend/Correct #75 MOTION for Lee Squitieri to Withdraw as Attorney.. Document filed by Amy R. Gurvey. Return Date set for 5/10/2010 at 09:30 AM.(Squitieri, Olimpio)
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Filing 78
CERTIFICATE OF SERVICE of Notice of Motion, Brief In Support and Declaration In Support served on Defendants on 04/21/2010. Document filed by Amy R. Gurvey. (Squitieri, Olimpio)
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Filing 77
DECLARATION of Lee Squitieri in Support re: #75 MOTION for Lee Squitieri to Withdraw as Attorney.. Document filed by Amy R. Gurvey. (Squitieri, Olimpio)
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Filing 76
MEMORANDUM OF LAW in Support re: #75 MOTION for Lee Squitieri to Withdraw as Attorney.. Document filed by Amy R. Gurvey. (Squitieri, Olimpio)
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Filing 75
MOTION for Lee Squitieri to Withdraw as Attorney. Document filed by Amy R. Gurvey.(Squitieri, Olimpio)
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Filing 74
TRUE COPY ORDER of USCA as to #71 Notice of Appeal filed by Amy R. Gurvey USCA Case Number 09-2185-cv. A motion or motions of the type specified by Rule 4(a)4, 4(b), or 6(b)(2)(i) of the Federal Rules of Appellate Procedure having been filed in this matter, and now pending before the District Court, the above number and entitled appeal is hereby stayed to await final disposition of said motion(s).Movant below is hereby directed to inform this Court, in writing, as to the status of each such motion, at thirty_day interval from the date of filing and immediately upon final disposition of the last outstanding motion, and to provide the Court a copy of all dispositive orders. Parties are advised that appellate review of the lower courts disposition regarding any such motion requires a timely filed amended Notice of Appeal. Catherine O'Hagan Wolfe, Clerk USCA. Certified: 6/17/2009. (nd)
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USCA Case Number 09-2185-cv from the US Court of Appeals, Second Circuit assigned to #71 Notice of Appeal filed by Amy R. Gurvey. (nd)
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Filing 73
CERTIFICATE OF SERVICE. Document filed by Cowan, Liebowitz & Lathman, PC. (Supple, John)
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Filing 72
MEMORANDUM OF LAW in Opposition re: #68 MOTION for Reargument and Reconsideration Of Order And Opinion Entered April 24, 2009.. Document filed by Cowan, Liebowitz & Lathman, PC. (Supple, John)
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Filing 71
NOTICE OF APPEAL from #66 Memorandum & Opinion. Document filed by Amy R. Gurvey. Filing fee $ 455.00, receipt number E 688820. (nd)
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Filing 70
RESPONSE in Opposition re: #68 MOTION for Reargument and Reconsideration Of Order And Opinion Entered April 24, 2009.. Document filed by Nexticketing, Inc., Instant Live Concerts, LLC. (Schortgen, Steven)
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Filing 69
MEMORANDUM OF LAW in Support re: #68 MOTION for Reargument and Reconsideration Of Order And Opinion Entered April 24, 2009.. Document filed by Amy R. Gurvey. (Squitieri, Olimpio)
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Filing 68
MOTION for Reargument and Reconsideration Of Order And Opinion Entered April 24, 2009. Document filed by Amy R. Gurvey.(Squitieri, Olimpio)
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Filing 67
CLERK'S JUDGMENT That for the reasons stated in the Court's Opinion and Order dated April 23, 2009, plaintiff's claims against all Defendants are dismissed; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 4/27/09) (Attachments: #1 notice of right to appeal)(ml)
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Filing 66
OPINION & ORDER #97453 that plaintiff's claims against all Defendants are hereby DISMISSED. The Clerk of Court is hereby directed to close this case. (Signed by Judge Barbara S. Jones on 4/23/09) (cd) Modified on 4/29/2009 (mro).
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Transmission to Judgments and Orders Clerk. Transmitted re: #66 Memorandum & Opinion, to the Judgments and Orders Clerk. (cd)
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Minute Entry for proceedings held before Magistrate Judge Theodore H. Katz: Pretrial Conference held on 4/23/2009. (mro)
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Filing 65
OPINION AND ORDER #97232: For the reasons set forth in this order, Defendants Clear Channel Communications, Inc. and Live Nation, Inc. motion to dismiss for lack of personal jurisdiction is hereby Granted. The Clerk of the Court is directed to terminate the following motion: Case No. 06 Civ. 1202, docket entry 51. (Signed by Judge Barbara S. Jones on 3/16/09) (mme) Modified on 3/18/2009 (mro).
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Filing 64
REPLY MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (Schortgen, Steven)
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Filing 63
REPLY MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss Third Amended Complaint.. Document filed by William Borchard, Midge Hyman, Baila Celedonia, Christopher Jensen, Cowan, Liebowitz & Lathman, PC. (Supple, John)
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Filing 62
MEMORANDUM OF LAW in Opposition re: #51 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Amy R. Gurvey. (Ciccia, Maria)
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Filing 61
DECLARATION of Maria J. Ciccia in Opposition re: #51 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Ciccia, Maria)
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Filing 60
MEMORANDUM OF LAW in Opposition re: #55 MOTION to Dismiss Third Amended Complaint.. Document filed by Amy R. Gurvey. (Ciccia, Maria)
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Filing 59
AMENDED SCHEDULING ORDER: defendant's filed their respective motions to dismiss on April 25, 2008. Plaintiff's shall file her oppositions to defendant's motions to dismiss on or before June 11, 2008. Defendant's shall file their reply briefs, if any, on or before June 30, 2008. (Signed by Judge Barbara S. Jones on 5/28/2008) Copies Mailed By Chambers.(jfe)
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Filing 58
CERTIFICATE OF SERVICE of Notice of Motion to Dismiss, Declaration of Schuyler B. Kraus and Memorandum of Law served on All Attorneys of Record on 04/25/08. Service was made by Email. Document filed by Cowan, Liebowitz & Lathman, PC. (Supple, John)
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Filing 57
MEMORANDUM OF LAW in Support re: #55 MOTION to Dismiss Third Amended Complaint.. Document filed by Cowan, Liebowitz & Lathman, PC. (Supple, John)
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Filing 56
DECLARATION of Schuyler B. Kraus in Support re: #55 MOTION to Dismiss Third Amended Complaint.. Document filed by Cowan, Liebowitz & Lathman, PC. (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)(Supple, John)
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Filing 55
MOTION to Dismiss Third Amended Complaint. Document filed by Cowan, Liebowitz & Lathman, PC.(Supple, John)
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Filing 54
DECLARATION of Richard A. Munisteri in Support re: #51 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (Schortgen, Steven)
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Filing 53
DECLARATION of Hamlet T. Newsom, Jr. in Support re: #51 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (Schortgen, Steven)
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Filing 52
MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (Schortgen, Steven)
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Filing 51
MOTION to Dismiss for Lack of Jurisdiction. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (Attachments: #1 Text of Proposed Order)(Schortgen, Steven)
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Filing 50
ORDER: The Clerk's Office is directed to designate this case ECF. (Signed by Judge Barbara S. Jones on 4/23/08) (db)
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Case Designated ECF. (db)
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Filing 49
STIPULATION: It is hereby stipulated and agreed by and between the parties that The Clear Channel Defendants and Cowan Defendants have up to and including April 25, 2008 to file motions in response to Plaintiff's Third Amended Complaint. Plaintiff has up to and including May 28, 2008 to file any opposition to the motions filed by the Channel Defendants and Cowan Defendants. The Channel Defendants and Cowan Defendants have up to and including June 9, 2008 to file any reply to Plaintiff's opposition. (Signed by Judge Barbara S. Jones on 3/17/2008) (jpo)
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***NOTE TO ATTORNEY THAT THE ATTEMPTED FILING OF Document No. #48 HAS BEEN REJECTED. Note to Attorney Schuyler Kraus : THE CLERK'S OFFICE DOES NOT ACCEPT LETTERS FOR FILING, either through ECF or otherwise, except where the judge has ordered that a particular letter be docketed. Letters may be sent directly to a judge. (jar)
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Filing 48
FILING ERROR - ELECTRONIC FILING FOR NON-ECF DOCUMENT - MOTION for Extension of Time to File Answer. Document filed by Cowan, Liebowitz & Lathman, PC.(Kraus, Schuyler) Modified on 3/11/2008 (jar).
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Filing 47
THIRD AMENDED COMPLAINT against William Borchard, Midge Hyman, Baila Celedonia, Christopher Jensen, Dale Head, Steve Simon, Michael Gordon, Susan Schick, Nexticketing, Inc., Cowan, Liebowitz & Lathman, PC, Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC.Document filed by Amy R. Gurvey.(dle)
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Filing 46
ORDER: The court denies Plaintiff's motion for attorneys' fees and costs (Docket No. 20) as unripe. Copies Mailed By Chambers. (Signed by Judge Barbara S. Jones on 2/11/2008) (jpo)
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Filing 45
ENDORSED LETTER addressed to Judge Barbara S. Jones from J. Richard Supple, Jr dated 1/28/2008 re: In light of plaintiff's abandonment of her claims based on her employment agreement, Cowan intends to withdraw its current motion to compel arbitration. ENDORSEMENT: Application Granted. Cowan's application to withdraw its motion to compel arbitration (Docket #15) is GRANTED. The Cowan defendants are granted 60 days to file and serve their motions. (Signed by Judge Barbara S. Jones on 1/28/2008) (jar)
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Filing 44
ENDORSED LETTER addressed to Judge Barbara S. Jones from Steven G. Schortgen dated 1/28/2008 re: Defendants intend to withdraw their 6/28/2006 Motion to Dismiss, revise that motion, and file it to address the new allegations and causes contained in the Third Amended Complaint. Defendants request an additional sixty days until 3/28/2008 to file their Motion to Dismiss. ENDORSEMENT: Application Granted. The Clear Channel Defendants' application to withdraw their motion to dismiss (Docket #11) is GRANTED. Defendants are granted 60 days to file their motion to dismiss. (Signed by Judge Barbara S. Jones on 1/28/2008) (jar)
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***Motion(s) terminated: #15 MOTION to Compel Arbitration filed by Cowan, Liebowitz & Lathman, PC. (jar)
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Filing 41
ORDER finding as moot #20 Motion for Leave to File Document. The Court grants leave to file the Third Amended Complaint; Plaintiff's motion for leave to file a Second Amended complaint is moot. Defendants are directed to notify the Court by Monday, 1/28/08, whether they intend to supplement, withdraw, or otherwise alter the scope of their pending motions in light of this ruling; otherwise, the Court will decide those motions based on all the submissions currently before it, guided by the Third Amended Complaint. So Ordered. "Copies Faxed By Chambers" (Signed by Judge Barbara S. Jones on 1/23/08)
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Filing 40
ORDER granting 39 Motion to Substitute Attorney. Added attorney Ian Hugh Hummel for Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc. and Instant Live Concerts, LLC. Attorney Eric Roman terminated. (Signed by Judge Barbara S. Jones on 11/25/07) (jco)
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Filing 43
NOTICE OF APPEARANCE by Jonathan B. Rubenstein on behalf of Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC (ae)
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Filing 42
NOTICE OF APPEARANCE by Steven Gregory Schortgen on behalf of Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC (ae)
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Filing 39
MOTION to Substitute Attorney. Old Attorney: Eric Roman, New Attorney: Ian H. Hummel of Baker Botts LLP. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC.(ae)
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Filing 38
CERTIFICATE OF SERVICE of MEMORANDUM OF LAW IN REPLY TO DEFENDANTS' OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO AMEND HER COMPLAINT served on DEFENDANTS on 10/23/2007. Service was made by MAIL. Document filed by Amy R. Gurvey. (Squitieri, Olimpio)
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Filing 37
REPLY MEMORANDUM OF LAW in Support re: #30 MOTION for Leave to File AMENDED COMPLAINT.. Document filed by Amy R. Gurvey. (Squitieri, Olimpio)
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Filing 36
STIPULATION Set Deadlines/Hearing as to #20 MOTION for Leave to File a second amended complaint. MOTION for Sanctions. MOTION for Attorney Fees. The time for plaintiffs to submit a reply to defendants' opposition is hereby extended up to and including 10/23/07. So Ordered. Replies due by 10/23/2007. (Signed by Judge Barbara S. Jones on 10/10/07) (jco)
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Filing 35
Clear Channel Communications, Inc., Live Nation, Inc., Instantlive Concerts, LLC and Nexticketing, Inc.'s Opposition to Plaintiff's Motion for Leave to File and Serve a Third Amended Complaint. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (dle)
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Filing 34
MEMORANDUM OF LAW in Opposition re: #20 MOTION for Leave to File a second amended complai tn. MOTION for Sanctions. MOTION for Attorney Fees.. Document filed by Cowan, Liebowitz & Lathman, PC. (djc)
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Filing 33
STIPULATION AND ORDER the time for defendants to respond to plaintiff's motion to file a third amended complaint is hereby extended Responses due by 9/6/2007. Replies due by 10/9/2007. (Signed by Judge Barbara S. Jones on 8/16/07) (jco)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Olimpio Lee Squitieri to MANUALLY RE-FILE Document Motion for leave to file Amended Complaint, Document No. 30. This case is not ECF. (KA)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Olimpio Lee Squitieri to MANUALLY RE-FILE Document Declaration in Support of Motion, Document No. 31. This case is not ECF. (KA)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Olimpio Lee Squitieri to MANUALLY RE-FILE Document Memorandum of Law in Support of Motion, Document No. 32. This case is not ECF. (KA)
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Filing 32
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MEMORANDUM OF LAW in Support re: #30 MOTION for Leave to File AMENDED COMPLAINT.. Document filed by Amy R. Gurvey. (Squitieri, Olimpio) Modified on 8/7/2007 (KA).
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Filing 31
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - DECLARATION of LEE SQUITIERI IN SUPPORT OF PLAINTIFF'S MOTION FOR LEAVE TO FILE A THIRD AMENDED COMPLAINT in Support re: #30 MOTION for Leave to File AMENDED COMPLAINT.. Document filed by Amy R. Gurvey. (Attachments: #1 Exhibit A)(Squitieri, Olimpio) Modified on 8/7/2007 (KA).
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Filing 30
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - MOTION for Leave to File AMENDED COMPLAINT. Document filed by Amy R. Gurvey.(Squitieri, Olimpio) Modified on 8/7/2007 (KA).
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Filing 29
NOTICE OF APPEARANCE by Ian Hugh Hummel on behalf of Nexticketing, Inc., Clear Channel Communications, Inc., Instant Live Concerts, LLC (cd)
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Filing 28
NOTICE OF APPEARANCE by Olimpio Lee Squitieri on behalf of Amy R. Gurvey (mbe)
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***NOTE TO ATTORNEY TO RE-FILE DOCUMENT - NON-ECF CASE ERROR. Note to Attorney Olimpio Lee Squitieri to MANUALLY RE-FILE Document NOTICE OF APPEARANCE, Document No. 27. This case is not ECF. (lb)
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Filing 27
FILING ERROR - ELECTRONIC FILING IN NON-ECF CASE - NOTICE OF APPEARANCE by Olimpio Lee Squitieri on behalf of Amy R. Gurvey (Squitieri, Olimpio) Modified on 3/30/2007 (lb).
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Filing 26
ENDORSED LETTER addressed to Judge Barbara S. Jones from Amy r. Gurvey dated 11/13/06 re: plaintiff request an extension of time to 11/27/06 to file reply papers to dfts' opposition papers. (Signed by Judge Barbara S. Jones on 11/13/06) (pl, )
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Filing 25
REPLY to Response to Motion re: #20 MOTION for Leave to File a second amended complai tn. MOTION for Sanctions. MOTION for Attorney Fees. Document filed by Amy R. Gurvey. (db, )
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Filing 24
MEMORANDUM OF LAW in Support re: #15 MOTION to Compel Arbitration. MOTION to Stay. MOTION Preserve all of CLL's rights pending the completion of arbitration. MOTION to Compel Arbitration. MOTION to Stay. MOTION Preserve all of CLL's rights pending the completion of arbitration. Document filed by Cowan, Liebowitz & Lathman, PC. (db, ) (jcs).
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Filing 23
MEMORANDUM OF LAW in Opposition re: #20 MOTION for Leave to File a second amended complaint. MOTION for Sanctions. MOTION for Attorney Fees. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (jco, ) (jcs).
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Filing 22
ORDER that because of procedural defects in plaintiff's motion for Rule 11 sanctions, the motion is dismissed without further consideration. Dft's time to submit reply and opposition papers to plaintiff's motion is hereby extended to 11/3/06. . (Signed by Judge Barbara S. Jones on 10/26/06) (dle, ) (jcs).
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Motion Not Referred: re: #20 MOTION for Leave to File a second amended complaint MOTION for Sanctions. MOTION for Attorney Fees filed by Amy R. Gurvey. (dw)
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Filing 21
LETTER addressed to Judge Jones from Amy R. Gurvey dated 10/10/06 re: plaintiff advises the Court that he has served his cross-motion and opposition papers upon defendants and will either deliver or clock-in cross motion and opposition papers today to the Court or overnight them both to Your Honor and the Pro Se Office...;. Document filed by Amy R. Gurvey.(docmt received in night dep. on 10/10/06 at 9:07 p.m.)(djc, ) (jcs).
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Filing 20
MOTION for Leave to File and serve a second amended complaint., MOTION for Sanctions against defendants...; MOTION for Attorney Fees and costs. Attached is Affidavit in support Document filed by Amy R. Gurvey. (djc, ) (Additional attachment(s) added on 2/10/2017: #1 Part 2, #2 Part 3) (jcs).
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Filing 19
ENDORSED LETTER addressed to Judge Barbara S. Jones from Amy R. Gurvey dated 8/18/2006 re: requesting a final extension of time of 6 weeks to file opposition papers to both Clear Channel's 12b motion and Cowan's motion for arbitration. ENDORSEMENT: Application Granted. Plaintiff's opposition are due on or before 10/9/2006. (Signed by Judge Barbara S. Jones on 8/18/2006) (lb, ) (jcs).
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Filing 18
ENDORSED LETTER addressed to Judge Barbara S. Jones from Amy R. Gurvey dated 7/12/06 ENDORSEMENT: The plaintiff pro se shall have until 8/24/ to respond to defendants motion to dismiss. SO ORDERED. (Signed by Judge Barbara S. Jones on 7/13/06) (kco, ) (jcs).
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Motion Not Referred: re: #15 MOTION to Compel Arbitration, MOTION to Stay. MOTION Preserve all of CLL's rights pending the completion of arbitration filed by Cowan, Liebowitz & Lathman, PC. (dlw)
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Filing 17
DECLARATION of Simon Gerson in Support re: #15 MOTION to Compel Plaintiff to Arbitrate the claims in her Amended Complaint. MOTION to Stay all proceedings in this matter pending the completion of arbitration. MOTION to Preserve all of CLL's rights pending the completion of arbitration, including by tolling any applicable time limitations for answering or otherwise responding to the Amended Complaint. Document filed by Cowan, Liebowitz & Lathman, PC. (jar, ) (jcs).
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Compel Plaintiff to Arbitrate the claims in her Amended Complaint. MOTION to Stay all proceedings in this matter pending the completion of arbitration. MOTION to Preserve all of CLL's rights pending the completion of arbitration, including by tolling any applicable time limitations for answering or otherwise responding to the Amended Complaint. Document filed by Cowan, Liebowitz & Lathman, PC. (jar, ) (jcs).
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Filing 15
MOTION to Compel Plaintiff to Arbitrate the claims in her Amended Complaint. MOTION to Stay all proceedings in this matter pending the completion of arbitration. MOTION to Preserve all of CLL's rights pending the completion of arbitration, including by tolling any applicable time limitations for answering or otherwise responding to the Amended Complaint. Document filed by Cowan, Liebowitz & Lathman, PC. (jar, ) (jcs).
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Filing 14
ORDER granting 10 Motion for Steven G. Schortgen to Appear Pro Hac Vice . (Signed by Judge Barbara S. Jones on 7/3/06) (jco, )
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Transmission to Attorney Admissions Clerk. Transmitted re: 14 Order on Motion to Appear Pro Hac Vice, to the Attorney Admissions Clerk for updating of Attorney Information. (jco, )
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MEMO ENDORSEMENT on re: 9 MOTION for Jonathan B. Rubenstein to Appear Pro Hac Vice filed by Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC, Nexticketing, Inc. MOTION GRANTED. (Signed by Judge Barbara S. Jones on 7/3/06) (kco, )
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Filing 13
ENDORSED LETTER addressed to Judge Barbara S. Jones from Schuyler B. Kraus dated 6/30/06 re: a request for a two week extension of time nunc pro tunc to 7/14/2006 for Cowan to move, answer or otherwise respond to the pro se plaintiffs complaint in the above-entitled action. ENDORSEMENT: Application granted. Defendant's response is due on or before 7/14/2006. (Signed by Judge Barbara S. Jones on 7/6/06) (kco, )
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Filing 12
MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss for Lack of Jurisdiction.. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Instant Live Concerts, LLC. (pl, )
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction and subject to that motion, Clear Channel Communications, Inc. and Live Nation, Inc. will join InstantLive Concerts, LLC and Nexticketing Inc. in moving the Court to dismiss al of plaintiff's claims against each of the dfts pursuant to F.R.C.P.12(b)(1) and 12(b)(6) for lack of subject matter jurisdiction and failure to state a claim for which relief can be granted. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (pl, )
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Filing 10
MOTION for Steven G. Schortgen to Appear Pro Hac Vice. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (cd, )
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Filing 9
MOTION for Jonathan B. Rubenstein to Appear Pro Hac Vice. Document filed by Nexticketing, Inc., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC. (cd, )
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Filing 8
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Nexticketing, Inc. served on 6/12/2006, answer due 7/3/2006. Service was accepted by Clear-Channel/Nexticketing. Document filed by Amy R. Gurvey. (jar, )
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Filing 7
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Instant Live Concerts, LLC served on 6/8/2006, answer due 6/28/2006. Service was accepted by Michael Rapino, Agent for Service of Process for Instant Live Concerts, LLC. Document filed by Amy R. Gurvey. (jar, )
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Filing 6
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Live Nation, Inc. served on 6/8/2006, answer due 6/28/2006. Service was accepted by Michael Rapino, Agent for Service of Process for Live Nation, Inc. Document filed by Amy R. Gurvey. (jar, )
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Filing 5
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Clear Channel Communications, Inc. served on 6/8/2006, answer due 6/28/2006. Service was accepted by Hamlet Newsom. Document filed by Amy R. Gurvey. (jar, )
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Filing 4
AFFIDAVIT OF SERVICE of Summons and Amended Complaint. Cowan, Liebowitz & Lathman, PC served on 6/12/2006, answer due 7/3/2006. Service was accepted by Robert Gammel. Document filed by Amy R. Gurvey. (jar, )
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Filing 3
AMENDED COMPLAINT amending #1 Complaint against Nexticketing, Inc., Cowan, Liebowitz & Lathman, PC, Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, LLC, Does.Document filed by Amy R. Gurvey. Related document: #1 Complaint filed by Amy R. Gurvey.(db, ) (jcs).
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MEMORANDUM TO THE DOCKET CLERK: an amended summons was issued on 6/5/06. (dle, )
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Filing 2
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial. Referred to Magistrate Judge Theodore H. Katz. (Signed by Judge Barbara S. Jones on 3/13/06) Copies Mailed(sac, )
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Filing 1
COMPLAINT against Conwan, Liebowitz & Latman P.C., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, L.L.C., Does. (Filing Fee $ 250.00, Receipt Number 570216)Document filed by Amy R. Gurvey.(mbe, ) (jcs).
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SUMMONS ISSUED as to Conwan, Liebowitz & Latman P.C., Clear Channel Communications, Inc., Live Nation, Inc., Instant Live Concerts, L.L.C., Does. (mbe, )
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Magistrate Judge Thoedore H. Katz is so designated. (mbe, )
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