Celente et al v. Google Inc. et al
| Gerald Celente and The Social Economic Research Institute of America Inc. |
| Google Inc., David Chekroun and John Does 1 Through 10 |
| 1:2012cv08083 |
| November 7, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ulster |
| Katherine B. Forrest |
| Trademark |
| 15 U.S.C. § 1125 Trademark Infringement (Lanham Act) |
| Plaintiff |
Docket Report
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Filing 48
ORDER: On January 29,2013, the parties voluntarily dismissed defendant Google, Inc. from this action. (ECF No. 40.) On February 26, 2013, the Court ordered default judgment against defendants David Chekroun and John Does 1 through 10. (ECF No. 44.) On March 5, 2013, the Court endorsed plaintiffs' request for costs and attorneys fees against defendants Chekroun and Does. (ECF No. 46.) There being no further reason to keep this action open, the Clerk of the Court is directed to terminate this action. (Signed by Judge Katherine B. Forrest on 4/2/2013) (mt)
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| Filing 47 CERTIFICATE OF SERVICE of ORDER FOR COSTS AND ATTORNEYS FEES served on CHEKROUN on 3/5/13. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
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Filing 46
ORDER FOR COSTS AND ATTORNEYS FEES: Plaintiffs GERALD CELENTE ("Mr. Celente") and THE SOCIO-ECONOMIC RESEARCH INSTITUTE d/b/a THE TRENDS RESEARCH INSTITUTE (collectively "Plaintiffs"), having moved against Defendants David Chekroun ("Chekroun") and John Does 1 through 10 (collectively "Blog Defendants") for a Default Judgment and Permanent Injunction permanently restraining Chekroun from infringing the GERALD CELENTE mark and otherwise impersonating Mr. Celente; and the order to show cause having explicitly placed defendant on notice of a request for attorneys fees and providing an opportunity to be heard (see Order of Jan. 16, 2013). The Court having issued an Order of Default Judgment and Permanent Injunction against Chekroun (the "Default Judgment") on February 26, 2013; and THEREFORE, IT IS HEREBY ORDERED that Plaintiffs are awarded attorneys' fees and costs in the amount of $87,124.61 as against Chekroun. IT IS FURTHER ORDERED that copies of this ORDER shall be served by email on Chekroun, on or before March 11, 2013, and that such service shall constitute due and sufficient service and notice hereof. (Signed by Judge Katherine B. Forrest on 3/4/2013) (ago)
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Filing 45
ORDER:The Court signed a Judgment by Default against defendants David Chekroun and John Does 1-10. Counsel should submit a proposed order to the Court setting forth supporting detail for any amount it seeks as an award of attorneys' fees and costs. (Signed by Judge Katherine B. Forrest on 2/26/2013) (tro)
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Filing 44
DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER in favor of The Social Economic Research Institute of America Inc., and Gerald Celente against John Does 1 Through 10, and David Chekroun. Plaintiffs are awarded attorneys' fees and costs in an amount to be separately ordered by the Court. (Signed by Judge Katherine B. Forrest on 2/26/13) (Attachments: # 1 Notice of Right to Appeal)(ml)
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| Filing 43 CERTIFICATE OF SERVICE of Order to Show Cause, Declaration served on Chekroun on 1/17/13, 1/22/13. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 42 DECLARATION of DYAN FINGUERRA-DUCHARME IN SUPPORT OF PLAINTIFFS' REQUEST FOR ATTORNEYS' FEES AND COSTS. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 41 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #42) - DECLARATION of DYAN FINGUERRA-DUCHARME IN SUPPORT OF PLAINTIFFS' REQUEST FOR ATTORNEYS' FEES AND COSTS. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) Modified on 2/27/2013 (ldi). |
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Filing 40
MEMO ENDORSEMENT ON: NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE PURSUANT TO FRCP 41(a)(1)(A)(i) re: 37 Notice of Voluntary Dismissal, filed by Gerald Celente, The Social Economic Research Institute of America Inc. ENDORSEMENT: ORDERED: The Clerk of Court is directed to terminate Google, Inc. from this action. (Signed by Judge Katherine B. Forrest on 1/28/2013) (ama)
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| Filing 39 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Dyan Finguerra-DuCharme dated 1/25/2013 re: Accordingly, Plaintiffs respectfully request that the dates remain set for the motion for default judgment. ENDORSEMENT: Ordered. Post on Docket. (Signed by Judge Katherine B. Forrest on 1/28/2013) (ama) |
| Filing 38 CERTIFICATE OF SERVICE of Order to Show cause f/Default Judgment and Permanent Injunction Order, Declaration of Dyan Finguerra-DuCharme served on David Chekroun, Dennis Hopkins, Esq., Timothy Alger, Esq. on 1/17/2013. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| ***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Dyan Finguerra-DuCharme Document 37 Notice of Voluntary Dismissal, was referred to Judge Katherine B. Forrest for approval. (jno) |
| Filing 37 DOCUMENT REFERRED TO JUDGE FOR APPROVAL - NOTICE OF VOLUNTARY DISMISSAL Pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, against the defendant(s) Google Inc.. Document filed by All Plaintiffs. (Finguerra-DuCharme, Dyan) Modified on 1/28/2013 (jno). |
| Filing 36 ENDORSED LETTER addressed to Judge Katherine B. Forrest, from Dennis Hopkins, dated 1/23/2013, re: informing the Court that Google will be filing a motion to dismiss on or before January 29, 2013, and we request that the Court not take any action prior to that date relating to Plaintiffs' request for a default judgment and entry of a permanent injunction against Defendant Chekroun [DI 34]. ENDORSEMENT: Ordered. Clerk to post letter to docket. ( Motions due by 1/29/2013.) (Signed by Judge Katherine B. Forrest on 1/24/2013) (ja) |
| Filing 35 DECLARATION of DYAN FINGUERRA-DUCHARME in Support re: 34 Order to Show Cause,,,,,. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Attachments: # 1 Exhibit (PROPOSED DEFAULT JUDGMENT), # 2 Exhibit ORDER TO SHOW CAUSE (DOC NO. 34))(Finguerra-DuCharme, Dyan) |
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Filing 34
ORDER TO SHOW CAUSE: Defendant Chekroun shall show cause as to why an Order should not be issued pursuant to Rule 55 of the Federal Rules of Civil Procedure entering a default judgment against Chekroun and permanently enjoining and restraining Chekroun or any individual who has used the name "Chekroun" in connection with the Internet domains attached hereto as Exhibit A or involved in the activities as discussed orally at the December 10, 2012 hearing, and/or operating or associated with the email accounts cbt.cbt@gmail.com, economydownturn@gmail.com, learkey.com@gmail.com, vtc.com@gmail.com, lynda.com@gmail.com and their agents, servants, employees, and all those acting under their control, on their behalf or in concert with them. No later than February 22, 2013, Plaintiffs' counsel must submit an affidavit with supporting documentation showing a detailed breakdown of the hours expended--and by whom and at what rate--and costs and disbursements incurred in prosecuting this action. No later than January 21, 2013, Plaintiffs shall file all papers in support of the motion for default judgment on the docket (ECF). Show Cause Hearing set for 2/26/2013 at 01:00 PM in Courtroom 15A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 1/16/2013) (ft)
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| Set/Reset Deadlines: Replies due by 1/21/2013. (ft) |
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Filing 33
ORDER: that no later than January 17,2013, plaintiffs are to comply with Judge Forrest's Individual Practices in Civil Cases (the "Individual Rules") regarding default judgment procedures (see Attachment A to the Individual Rules) as against Chekroun or else the Court will decline to consider the request for default. (Signed by Judge Katherine B. Forrest on 1/14/2013) (cd)
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| Filing 32 CLERK'S CERTIFICATE OF DEFAULT as to David Chekroun (jno) |
| Filing 31 DECLARATION of Dyan Finguerra-DuCharme re: 30 Request to Enter Default. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 30 REQUEST TO ENTER DEFAULT against David Chekroun. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc..(Finguerra-DuCharme, Dyan) |
| Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Google Inc..(Hopkins, Dennis) |
| Filing 28 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Dyan Finguerra-DuCharme dated 12/14/2012 re: Counsel have agreed to an extension of Google's time to answer or otherwise move through and including 1/29/2013. If Google files a motion to dismiss, Plaintiff request that the opposition be due on 2/22/2013. Plaintiffs also request that the Court allow Plaintiffs to provide a copy of the order to the Internet service provider hosting the <newsbooze.com> website and request that all pages that use the Gerald Celente trademark in an infringing manner be disabled. ENDORSEMENT: Ordered. 1) Plaintiffs to serve a copy of the order on the Internet service "newsbooze.com" 2) Google's time to move/answer extended to Jan. 29, 2013. 3) If Google moves to dismiss, plaintiffs' opposition would be due 2/22/13. (Motions due by 1/29/2013. Responses due by 2/22/2013) Google Inc. answer due 1/29/2013. (Signed by Judge Katherine B. Forrest on 12/14/2012) (tro) |
| Filing 27 Letter addressed to Judge Katherine B. Forrest from Dyan Finguerra-DuCharme dated 12/13/2012 re: Counsel for plaintiff in clear contravention of the Order, Chekroun continues to use the GERALD CELENTE mark as a heading and uses "GERALD CELENTE TRENDS BLOG" as a brand name in the tabs and headings. Comments posted today also demonstrate that consumers have linked the <geraldcelentechannel.blogspot.com> with the content on the <newsbooze.com> website. Document filed by Gerald Celente.(pl) |
| Filing 26 NOTICE OF CHANGE OF ADDRESS by Dyan Finguerra-DuCharme on behalf of Gerald Celente, The Social Economic Research Institute of America Inc.. New Address: PRYOR CASHMAN LLP, 7 TIMES SQUARE, NEW YORK, NEW YORK, USA 10036, 212-421-4100. (Finguerra-DuCharme, Dyan) |
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Filing 25
ORDER FOR PRELIMINARY INJUNCTIVE RELIEF: IT IS HEREBY ORDERED that Defendant David Chekroun or an individual who has used the name "Chekroun" in connection with the Internet address attached hereto or involved in the activities as discussed orally at the hearing on 12/10/12, and/or operating/associated with the email address cbt.cbt@gmail.com and their agents, servants, employees, and all those acting under their control, on their behalf or in concert with them are hereby temporarily and/or preliminarily enjoined from the following listed herein. Copies of this ORDER shall be served by email, on or before December 10, 2012, and that such service shall constitute due and sufficient service and notice hereof. (Signed by Judge Katherine B. Forrest on 12/10/2012) (ft) Modified on 12/12/2012 (mt).
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| Filing 24 COURT EXHIBIT 3 to Show Cause Hearing held on 12/10/2012.(jp) |
| Filing 23 COURT EXHIBIT 2 to Show Cause Hearing held on 12/10/2012.(jp) |
| Filing 22 COURT EXHIBIT 1 to Show Cause Hearing held on 12/10/2012. (jp) |
| Filing 21 MEMO ENDORSEMENT on 17 Motion for Attorney Fees. Timothy L. Alger is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. (Signed by Judge Katherine B. Forrest on 12/11/2012) (ft) Modified on 12/19/2012 (ft). |
| Minute Entry for proceedings held before Judge Katherine B. Forrest: Show Cause Hearing held on 12/10/2012. (jp) |
| Filing 20 CERTIFICATE OF SERVICE of Summons, Order to Show Cause, and Supporting Documents served on David Chekroun/Google on 12/7/12. Service was made by Fed Ex. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Reddy, Saritha) |
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Filing 19
ORDER granting 17 Motion for Timothy L. Alger to Appear Pro Hac Vice. (Signed by Judge Katherine B. Forrest on 12/4/2012) (lmb)
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| Filing 18 ENDORSED LETTER addressed to Judge Katherine B. Forrest from Dennis Hopkins dated 11/30/2012 re: This firm represents Defendant Google Inc. ("Google") in this matter. By this letter, Google responds to the Court's Orders of November 20 and 27, 2012 [Dkt. 13, 15]. Google herein addresses (1) its non-appearance at the show cause hearing November 19, 2012, and (2) the motion or temporary restraining order or preliminary injunction filed by plaintiffs Gerald Celente and The Socio-Economic Research Institute of America Inc. d/b/a The Trends Research Institute ("Plaintiffs"), which is now set for hearing on December 10, 2012. ENDORSEMENT: Place letter on docket. (Signed by Judge Katherine B. Forrest on 12/4/2012) (lmb) |
| Filing 17 MOTION for Timothy L. Alger to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8025569. Motion and supporting papers to be reviewed by Clerk's Office staff., MOTION for Attorney Fees. Document filed by Google Inc.. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Text of Proposed Order Proposed Order)(Algers, Timothy) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Timothy L. Alger to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8025569. Motion and supporting papers to be reviewed by Clerk's Office staff. MOTION for Attorney Fees.. The document has been reviewed and there are no deficiencies. (wb) |
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Filing 16
STIPULATION AND ORDER: that defendant Google Inc.'s time to answer, move, or otherwise respond in any manner to the Complaint in the above-captioned action is extended from November 29, 2012 to January 9, 2013. Google Inc. answer due 1/9/2013. Endorsement: The parties should note that the Court prefers requests for extensions to be made by letter and often does not accept stipulations. Letters can and should recite parties' agreement if there is agreement or proposed dates. (Signed by Judge Katherine B. Forrest on 11/28/2012) (ja) Modified on 11/28/2012 (ja).
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Filing 15
ORDER: Defendant Google Inc shall show cause as to why it failed to appear at the November 19 hearing no later than December 5, 2012. Show Cause Hearing set for 12/10/2012 at 01:00 PM before Judge Katherine B. Forrest. Defendants should file any responsive papers to plaintiffs' motion for a temporary restraining order/preliminary injunction by December 6, 2012. If defendants fail to appear at that hearing, the Court will enter default against them, as long as there is sufficient indication that defendants have been properly served. No hearing can be held or relief entered against any defendant as to whom a proper affidavit of effective service has not been filed. The Court will allow service of all necessary papers--including a copy of this Order--to be made on defendants by email. Counsel for plaintiffs is directed to serve a copy of this Order on defendants and file proof of such service on the docket. (Signed by Judge Katherine B. Forrest on 11/27/2012) (ft)
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| Filing 14 NOTICE OF APPEARANCE by Dennis Cecil Hopkins on behalf of Google Inc. (Hopkins, Dennis) |
| Set/Reset Deadlines: Responses due by 12/6/2012 (ft) |
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Filing 13
ORDER: IT IS HEREBY ORDERED that defendant Google Inc., who failed to appear at the November 19, 2012, show cause hearing on plaintiffs' motion for a temporary restraining order or preliminary injunction, must show cause by letter (or other written submission) no later than December 5, 2012, as to why it failed to appear at the November 19 hearing. IT IS FURTHER ORDERED that the Court will hold a second show cause hearing on plaintiffs' motion on December 10, 2012, at 1:00 p.m. Google should file any responsive papers to plaintiffs' motion for a temporary restraining order/preliminary injunction by December 6, 2012. If defendant Google fails to appear at that hearing, the Court will enter default against it. IT IS FURTHER ORDERED that no hearing can be held or relief entered against any defendant as to whom a proper affidavit of effective service has not been filed.Counsel for plaintiffs is directed to serve a copy of this Order on defendants and file proof of such service on the docket. Show Cause Hearing set for 12/10/2012 at 01:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/20/2012) (js)
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| Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint. Google Inc. served on 11/8/2012, answer due 11/29/2012. Service was accepted by Sheri Pan. Document filed by The Social Economic Research Institute of America Inc.; Gerald Celente. (Finguerra-DuCharme, Dyan) |
| Filing 11 DECLARATION of Gerald Celente in Support. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 10 MEMORANDUM OF LAW in Support OF APPLICATION FOR LEAVE TO TAKE IMMEDIATE DISCOVERY. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 9 DECLARATION of EMERGENCY re: 3 Order to Show Cause,,,,,. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 8 DECLARATION of Gerald Celente in Support re: 3 Order to Show Cause,,,,,. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-H)(Finguerra-DuCharme, Dyan) |
| Filing 7 MEMORANDUM OF LAW in Support re: 3 Order to Show Cause,,,,,. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 6 FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Gerald Celente in Support re: 3 Order to Show Cause. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc. (Attachments: # 1 Exhibit A-C, # 2 Exhibit D-H)(Finguerra-DuCharme, Dyan) Modified on 11/8/2012 (db). |
| Filing 5 DECLARATION of Dyan Finguerra-DuCharme in Support re: 3 Order to Show Cause,,,,,. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 4 FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 3 Order to Show Cause. Document filed by Gerald Celente, The Social Economic Research Institute of America Inc. (Finguerra-DuCharme, Dyan) Modified on 11/8/2012 (db). |
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Filing 3
ORDER TO SHOW CAUSE John Does 1-10 and defendant David Chekroun shall show cause as to why an order should not be issued pursuant to Rule 65 of the Federal Rules of Civil Procedure. The hearing will be as to temporary and/or preliminary relief. IT IS FURTHER ORDERED, that copies of this Order to Show Cause, together with / copies of all of the papers upon which it was granted be served, by overnight delivery, upon Defendants or their counsel, on or before November 8, 2012, and that such service shall constitute due and sufficient service and notice hereof and it is further ordered, that Defendants' answering papers in opposition to the request for TRO and/or preliminary injunction be filed with this Court and served upon Plaintiff's counsel,Pryor Cashman LLP, at their offices, 7 Times Square, New York, New York 10036-6569, so as to be received on or before November 14, 2012 C.O.B (5 p.m.). (No reply can orally). ENDORSEMENT: The parties may take discovery they deem appropriate and necessary of any party on that party without further application to this Court commencing immediately Show Cause Hearing set for 11/19/2012 at 11:00 AM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/7/2012) (js)
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Filing 2
STANDING ORDER IN RE PILOT PROJECT REGARDING CASE MANAGEMENT TECHNIQUES FOR COMPLEX CIVIL CASES IN THE SOUTHERN DISTRICT OF NEW YORK (See M-10-468 Order filed November 1, 2011). This case is hereby designated for inclusion in the Pilot Project Regarding Case Management Techniques for Complex Civil Cases in the Southern District of New York (the Pilot Project), unless the judge to whom this case is assigned determines otherwise. This case is designated for inclusion in the Pilot Project because it is a class action, an MDL action, or is in one of the following Nature of Suit categories: 160, 245, 315, 355, 365, 385, 410, 830, 840, 850, 893, or 950. The presiding judge in a case that does not otherwise qualify for inclusion in the Pilot Project may nevertheless designate the case for inclusion in the Pilot Project by issuing an order directing that the case be included in the Pilot Project. The description of the Pilot Project, including procedures to be followed, is attached to this Order. (Signed by Judge Loretta A. Preska on 10/31/2011) (rdz)
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| Filing 1 COMPLAINT against David Chekroun, Google Inc., John Does 1 Through 10. (Filing Fee $ 350.00, Receipt Number 052166)Document filed by The Social Economic Research Institute of America Inc., Gerald Celente.(rdz) |
| SUMMONS ISSUED as to All Defendants. (rdz) |
| Magistrate Judge Sarah Netburn is so designated. (rdz) |
| Mailed notice to Commissioner of Patents and Trademarks to report the filing of this action. (rdz) |
| Case Designated ECF. (rdz) |
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