West et al v. 0Daycoins.com et al
| Kanye West and Mascotte Holdings, Inc. |
| Fnu Lnu, 0Daycoins.com, Conye-Exchange.com, Newchg.com, Amazon.com, Inc., 1 through 50 Jane Does, John Does, Jonny Bravo, Dogecoin, David P. McEnery, Jr., Robbie E.C.A. Hontele, Harry Wills, Al Ra, Iain Craig, Dave and Louis doing business as Pool.coinye.pw, Alex Cacciamani, Richard McCord, Patrick Austin, Martin Gasner, Xnigma.com and Beedui, Inc. |
| David P. McEnery and Hontele |
| 1:2014cv00250 |
| January 14, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Analisa Torres |
| Trademark |
| 15 U.S.C. § 1125 la |
| Plaintiff |
Docket Report
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| Filing 92 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a motion proceeding held on 8/20/14 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) |
| Filing 91 TRANSCRIPT of Proceedings re: motion held on 8/20/2014 before Judge Analisa Torres. Court Reporter/Transcriber: Jerry Harrison, (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 9/29/2014. Redacted Transcript Deadline set for 10/9/2014. Release of Transcript Restriction set for 12/8/2014.(McGuirk, Kelly) |
Filing 90
DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER: It is ORDERED, ADJUDGED AND DECREED: That the following domains, identified in the Amended Complaint, be transferred to Plaintiffs as further set forth in this order. That the Defendants, and their related companies, subsidiaries, affiliates, officers, partners, managers, directors, shareholders, insurers, trustees, agents, servants, employees, representatives, attorneys, legal representatives and all other persons or entities acting in concert or participation with him, and any and all licensees, successors in interest or assigns are hereby permanently enjoined from: (1) registering, operating or maintaining any website, blog, or Internet domain name or domain that uses the KANYE WEST mark, COINYE WEST mark, COINYE mark, COYE mark, or any colorable imitation of the marks KANYE WEST or KANYE as further set forth in this order. IT IS FURTHER ORDERED that copies of this ORDER shall be served by email, on or before August 27, 2014, and that such service shall constitute due and sufficient service and notice thereof. (Signed by Judge Analisa Torres on 8/20/2014) (lmb)
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| Terminate Transcript Deadlines (lmb) |
| Minute Order Proceedings held before Judge Analisa Torres: Show Cause Hearing held on 8/20/2014. (Court Reporter Jerry Harrison.) (mo) |
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Filing 89
ORDER. The hearing scheduled for August 15, 2014, is ADJOURNED and rescheduled to August 20, 2014, at 4:00 p.m. SO ORDERED. (Show Cause Hearing set for 8/20/2014 at 04:00 PM before Judge Analisa Torres.) (Signed by Judge Analisa Torres on 8/13/2014) (rjm)
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| Filing 84 AFFIDAVIT of Dyan Finguerra-Ducharme in Support re: #82 Order to Show Cause,. Document filed by Mascotte Holdings, Inc., Kanye West. (Attachments: #1 Exhibit A-E, #2 Exhibit F-H, #3 Text of Proposed Order (PROPOSED) DEFAULT JUDGMENT AND PERMANENT INJUNCTION ORDER)(Finguerra-DuCharme, Dyan) |
| Filing 83 AFFIDAVIT OF SERVICE of Order to Show Cause and the supporting papers, including the Affidavit of Dyan Finguerra-DuCharme with Exhibits and the Proposed Default Judgment and Permanent Injunction Order served on Defendants or their respective counsel on July 24, 2014. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
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Filing 88
JUDGMENT AND PERMANENT INJUNCTION ON CONSENT AGAINST DEFENDANT RICHARD McCORD: Plaintiffs Kanye West and Mascotte Holdings, Inc. (collectively, "Mr. West" or "Plaintiffs") having filed their Amended Complaint on March 3, 2014 (the "Amended Complaint"), and Defendant Richard McCord ("Defendant") having consented, without trial or adjudication of any issue of law or fact herein, to entry of this Order of Judgment and Permanent Injunction on Consent and Stipulation of Dismissal (hereafter "Order"), it is hereby ORDERED, ADJUDGED and DECREED that: This Court has jurisdiction of the subject matter hereof and all parties hereto with the full power to enter this Order. And as set forth herein. Plaintiffs' Amended Complaint is dismissed with prejudice as against only Defendant Richard McCord. Each person executing this Order on behalf of a corporation or individual represents that he or she is authorized to do so. This Court shall retain jurisdiction over this action to enable the parties to make application to this Court for such further orders and directions as may be necessary or appropriate in relation to the carrying out of this Order. This Order shall become effective immediately. The Clerk is directed to enter this Judgment and Permanent Injunction on Consent Against Defendant Richard McCord. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2014) (ama)
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Filing 87
JUDGMENT AND PERMANENT INJUNCTION ON CONSENT AGAINST DEFENDANT HARRY WILLS: Plaintiffs Kanye West and Mascotte Holdings, Inc. (collectively, "Mr. West" or "Plaintiffs") having filed their Amended Complaint on March 3, 2014 (the "Amended Complaint"), and Defendant Harry Wills ("Defendant") having consented, without trial or adjudication of any issue of law or fact herein, to entry of this Order of Judgment and Permanent Injunction on Consent and Stipulation of Dismissal (hereafter "Order"), it is hereby ORDERED, ADJUDGED and DECREED that: This Court has jurisdiction of the subject matter hereof and all parties hereto with the full power to enter this Order. And as set forth herein. Plaintiffs' Amended Complaint is dismissed without prejudice as against only Defendant Harry Wills. This Order shall become effective immediately. The Clerk is directed to enter this Judgment and Permanent Injunction on Consent Against Defendant Harry Wills. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2014) (ama)
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Filing 86
JUDGMENT AND PERMANENT INJUNCTION ON CONSENT AGAINST DEFENDANT DAVID P. McENERY, JR.: Plaintiffs Kanye West and Mascotte Holdings, Inc. (collectively, "Mr. West" or "Plaintiffs") having filed their Amended Complaint on March 3, 2014 (the "Amended Complaint"), and Defendant David P. McEnery, Jr. ("Defendant") having consented, without trial or adjudication of any issue of law or fact herein, to entry of this Order of Judgment and Permanent Injunction on Consent and Stipulation of Dismissal (hereafter "Order"), it is hereby ORDERED, ADJUDGED and DECREED that: This Court has jurisdiction of the subject matter hereof and all parties hereto with the full power to enter this Order. And as set forth herein. Plaintiffs' Amended Complaint is dismissed without prejudice as against only Defendant David McEnery, Jr. This Court shall retain jurisdiction over this action to enable the parties to make application to this Court for such further orders and directions as may be necessary or appropriate in relation to the carrying out of this Order. This Order shall become effective immediately. The Clerk is directed to enter this Judgment and Permanent Injunction on Consent Against Defendant David McEnery, Jr. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2014) (ama)
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Filing 85
STIPULATION OF DISMISSAL WITHOUT PREJUDICE: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Plaintiffs Kanye West and Mascotte Holdings, Inc. (collectively, "Plaintiffs") and Defendant Robbie E.C.A. Hontele ("Defendant"), by and through their undersigned counsel, hereby affirm that Plaintiffs and Defendant have reached and entered into a confidential settlement agreement and, in accordance with the terms thereof, stipulate that the above-captioned action is hereby dismissed as against only Defendant Hontele without prejudice and without costs to any party. SO ORDERED. (Signed by Judge Analisa Torres on 7/23/2014) (ama)
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Filing 82
ORDER TO SHOW CAUSE: Defendants shall show cause as to why an order should not be issued pursuant to Rule 55 of the Fed. R. Civ. P entering default judgment against Defendants as set forth within. Show Cause Hearing set for 8/15/2014 at 04:15 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 7/23/2014) (ajs)
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| Filing 81 CLERK'S CERTIFICATE OF DEFAULT as to 0daycoins.com and Alex Cacciamani d/b/a Coinye.exchange.com. (jno) |
| Filing 80 CLERK'S CERTIFICATE OF DEFAULT as to Al Ra, Iaon Craig, Dave and Louis d/b/a Pool.coinye.pw, Patrick Austin, Martin Gasner, Xnigma.com and Beedui, Inc. (jno) |
| Filing 79 REQUEST TO ENTER DEFAULT against Al Ra, lain Craig, Odaycoins.com, Dave and Louis d/b/a Pool.coinye.pw, Alex Cacciamani, Patrick Austin, Martin Gasner, Xnigma.Com, and Beedui, Inc. . Document filed by Mascotte Holdings, Inc., Kanye West. (Attachments: #1 Affidavit AFFIDAVIT IN SUPPORT OF REQUEST FOR ENTRY OF JUDGMENT BY DEFAULT)(Finguerra-DuCharme, Dyan) |
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Filing 78
ORDER granting #77 Letter Motion for Extension of Time to File Response/Reply: Defendant's request for an extension is GRANTED. Defendant shall reply by August 7, 2014. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 77 THIRD LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from Daniel Neustadt dated 07/03/14. Document filed by Robbie E.C.A. Hontele.(Neustadt, Daniel) |
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Filing 76
ORDER granting #75 Letter Motion for Extension of Time to Answer: Defendant Richard McCord's request is GRANTED to the extent that by July 23, 2014, Defendant shall answer the complaint or submit a letter requesting a pre-motion conference pursuant to Paragraph III of this Court's Individual Practices in Civil Cases. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 75 FOURTH LETTER MOTION for Extension of Time to File Answer re: #17 Amended Complaint, addressed to Judge Analisa Torres from Harmeet K. Dhillon dated 06/23/14. Document filed by Richard McCord.(Dhillon, Harmeet) |
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Filing 74
ORDER granting #73 LETTER MOTION for Extension of Time to File Response/Reply. Defendant's request for an extension is GRANTED. Defendant shall reply by July 7, 2014. So ordered. (Replies due by 7/7/2014). (Signed by Judge Analisa Torres on 6/17/2014) (rjm)
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| Filing 73 LETTER MOTION for Extension of Time to File Response/Reply as to #60 Order, Set Deadlines,,,, addressed to Judge Analisa Torres from Daniel C. Neustadt dated June 17, 2014. Document filed by Robbie E.C.A. Hontele.(Neustadt, Daniel) |
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Filing 72
ORDER granting #70 Letter Motion for Extension of Time to File Response/Reply: GRANTED. Defendant shall reply by June 21, 2014. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 71 NOTICE OF APPEARANCE by Ronald Walter Zdrojeski on behalf of Robbie E.C.A. Hontele. (Zdrojeski, Ronald) |
| Filing 70 LETTER MOTION for Extension of Time to File Response/Reply to its Motion to Dismiss until June 21, 2014, addressed to Judge Analisa Torres from Daniel C. Neustadt dated 05/19/2014. Document filed by Robbie E.C.A. Hontele.(Neustadt, Daniel) |
| Filing 69 NOTICE OF CHANGE OF ADDRESS by Daniel C. Neustadt on behalf of Robbie E.C.A. Hontele. New Address: Sutherland Asbill & Brennan LLP, 700 Sixth Street, NW, Suite 700, Washington, DC, 20001, 202.383.0245. (Neustadt, Daniel) |
| Filing 68 NOTICE OF APPEARANCE by Daniel C. Neustadt on behalf of Robbie E.C.A. Hontele. (Neustadt, Daniel) |
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Filing 67
ORDER granting #66 Letter Motion for Extension of Time to File Response/Reply: Defendant Richard McCord's request is GRANTED to the extent that by June 16, 2014, Defendant shall answer the complaint or submit a letter requesting a pre-motion conference pursuant to Paragraph III of this Court's Individual Practices in Civil Cases. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 66 THIRD LETTER MOTION for Extension of Time to File Response/Reply as to #17 Amended Complaint, addressed to Judge Analisa Torres from Harmeet Dhillon dated May 14, 2014. Document filed by Richard McCord.(Dhillon, Harmeet) |
| Filing 65 LETTER REPLY to Response to Motion addressed to Judge Analisa Torres from Brad D. Rose dated 5/8/14 re: #63 FIRST LETTER MOTION for Extension of Time and for Stay of Discovery addressed to Judge Analisa Torres from Dyan Finguerra-DuCharme dated May 5, 2014. RESPONSE TO ECF DOCUMENT 60. Document filed by Mascotte Holdings, Inc., Kanye West. (Attachments: #1 Exhibit A, #2 Affidavit CERTIFICATE OF SERVICE)(Rose, Brad) |
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Filing 64
ORDER. Plaintiffs' request to adjourn the May 6, 2014 deadline for submitting a joint letter and proposed case management plan is GRANTED. The initial pre-trial conference scheduled for May 13, 2014, is ADJOURNED sine die. Plaintiffs' request to stay discovery is GRANTED. Chambers will e-mail a copy of this order to Pro se Defendant Robbie E. C. A. Hontele. SO ORDERED. Granting #63 Letter Motion for Extension of Time. (Signed by Judge Analisa Torres on 5/5/2014) (rjm)
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| Filing 63 FIRST LETTER MOTION for Extension of Time and for Stay of Discovery addressed to Judge Analisa Torres from Dyan Finguerra-DuCharme dated May 5, 2014. Document filed by Mascotte Holdings, Inc..(Gauthier, Madelon) |
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Filing 62
ORDER granting #61 Letter Motion for Extension of Time to File Response/Reply: Defendant Richard McCord's request is GRANTED to the extent that by May 14, 2014, Defendant shall answer the complaint or submit a letter requesting a pre-motion conference pursuant to Paragraph III of this Court's Individual Practices in Civil Cases. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 61 SECOND LETTER MOTION for Extension of Time to File Response/Reply as to #17 Amended Complaint, addressed to Judge Analisa Torres from Harmeet Dhillon dated 4/30/2014. Document filed by Richard McCord.(Dhillon, Harmeet) |
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Filing 60
ORDER. On April 16, 2014, pro se Defendant Robbie E. C. A. Hontele e-mailed the Court his "Response to Complaint," arguing that "the New York court has no jurisdiction in this case" and that he was not properly served. A copy of his e-mail is attached to this order. The Court construes Hontele's e-mail as a motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(2) and 12(b)(5). Plaintiffs shall file opposition papers by May 8, 2014. Hontele shall reply by May 22, 2014. Chambers will e-mail a copy of this order to Hontele. (Responses due by 5/8/2014. Replies due by 5/22/2014.) (Signed by Judge Analisa Torres on 4/17/2014) (rjm)
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Filing 59
ORDER granting #58 Letter Motion for Extension of Time to File Response/Reply: Defendant Richard McCord's request is GRANTED to the extent that by April 30, 2014, Defendant shall answer the complaint or submit a letter requesting a pre-motion conference pursuant to Paragraph III of this Court's Individual Practices in Civil Cases. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 58 FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #54 Summons Returned Executed addressed to Judge Analisa Torres from Richard McCord dated 4/16/2014. Document filed by Richard McCord.(Dhillon, Harmeet) |
| Filing 57 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Xnigma.com served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 56 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Robbie E.C.A. Hontele served on 3/26/2014, answer due 4/16/2014. Document filed by Robbie E.C.A. Hontele. (Gauthier, Madelon) |
| Filing 55 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Patrick Austin served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 54 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Richard McCord served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 53 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Martin Gasner served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 52 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. John Does served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 51 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Iain Craig served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 50 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Harry Wills served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 49 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Dave and Louis served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 48 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. David P. McEnery served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 47 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Beedui, Inc. served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 46 SUMMONS RETURNED EXECUTED Summons and Amended Complaint, served. Al Ra served on 3/26/2014, answer due 4/16/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Gauthier, Madelon) |
| Filing 45 ELECTRONIC SUMMONS ISSUED as to Xnigma.com. (laq) |
| Filing 44 ELECTRONIC SUMMONS ISSUED as to Harry Wills. (laq) |
| Filing 43 ELECTRONIC SUMMONS ISSUED as to Richard McCord. (laq) |
| Filing 42 ELECTRONIC SUMMONS ISSUED as to John Does. (laq) |
| Filing 41 ELECTRONIC SUMMONS ISSUED as to Robbie E.C.A. Hontele. (laq) |
| Filing 40 ELECTRONIC SUMMONS ISSUED as to Martin Gasner. (laq) |
| Filing 39 ELECTRONIC SUMMONS ISSUED as to Dave and Louis. (laq) |
| Filing 38 ELECTRONIC SUMMONS ISSUED as to David P. McEnery. (laq) |
| Filing 37 ELECTRONIC SUMMONS ISSUED as to Iain Craig. (laq) |
| Filing 36 ELECTRONIC SUMMONS ISSUED as to Beedui, Inc.. (laq) |
| Filing 35 ELECTRONIC SUMMONS ISSUED as to Patrick Austin. (laq) |
| Filing 34 ELECTRONIC SUMMONS ISSUED as to Al Ra. (laq) |
| Filing 33 REQUEST FOR ISSUANCE OF SUMMONS as to John Does 1 through 50. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 32 REQUEST FOR ISSUANCE OF SUMMONS as to Patrick Austin. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 31 REQUEST FOR ISSUANCE OF SUMMONS as to Xnigma.com support@xnigma.com. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 30 REQUEST FOR ISSUANCE OF SUMMONS as to Harry Wills. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 29 REQUEST FOR ISSUANCE OF SUMMONS as to Richard McCord. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 28 REQUEST FOR ISSUANCE OF SUMMONS as to Martin Gasner. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 27 REQUEST FOR ISSUANCE OF SUMMONS as to lain Craig. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 26 REQUEST FOR ISSUANCE OF SUMMONS as to Robbie Hontele. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to Bedui, Inc.. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 24 REQUEST FOR ISSUANCE OF SUMMONS as to Al Ra. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 23 REQUEST FOR ISSUANCE OF SUMMONS as to David McEnery. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
| Filing 22 REQUEST FOR ISSUANCE OF SUMMONS as to Davie and Louis d/b/a Pool.Coinye.PWeth1@suchpool.pw, sid@suchpool.pw. Document filed by Mascotte Holdings, Inc., Kanye West. (Finguerra-DuCharme, Dyan) |
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Filing 21
ORDER: On March 21, 2014, pro se Defendant Robbie E. C. A. Hontele e-mailed the Court requesting an extension to answer or otherwise respond to the amended complaint. A copy of his e-mail is attached to this order. Defendant's request for an extension is GRANTED. Defendant shall answer or move to dismiss the amended complaint by April 7, 2014. Chambers will e-mail a copy of this order to prose Defendant Robbie E. C. A. Hontele. Robbie E.C.A. Hontele answer due 4/7/2014.( Motions due by 4/7/2014.) (Signed by Judge Analisa Torres on 3/21/2014) Copies Sent by Chambers. (mro) Modified on 3/24/2014 (mro).
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Filing 20
ORDER granting #18 Letter Motion to Adjourn Conference: Plaintiffs' motion to adjourn the initial pre-trial conference scheduled for March 11, 2014, is GRANTED. The conference is rescheduled to May 13, 2014, at 4:45 p.m. The parties shall submit their joint letter and proposed case management plan by May 6, 2014. Plaintiffs' request to remove the case from the Pilot Program is GRANTED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 19 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. 0Daycoins.com served on 3/3/2014, answer due 3/24/2014; Patrick Austin served on 3/3/2014, answer due 3/24/2014; Beedui, Inc. served on 3/3/2014, answer due 3/24/2014; Alex Cacciamani served on 3/3/2014, answer due 3/24/2014; Iain Craig served on 3/3/2014, answer due 3/24/2014; Dave and Louis served on 3/3/2014, answer due 3/24/2014; Martin Gasner served on 3/3/2014, answer due 3/24/2014; Richard McCord served on 3/3/2014, answer due 3/24/2014; David P. McEnery, Jr served on 3/3/2014, answer due 3/24/2014; Al Ra served on 3/3/2014, answer due 3/24/2014; Harry Wills served on 3/3/2014, answer due 3/24/2014; Xnigma.com served on 3/3/2014, answer due 3/24/2014; David P. McEnery served on 3/3/2014, answer due 3/24/2014; Hontele served on 3/3/2014, answer due 3/24/2014; JOHN DOES served on 3/3/2014, answer due 3/24/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Rose, Brad) |
| Filing 18 LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from Brad D. Rose dated March 4, 2014. Document filed by Mascotte Holdings, Inc., Kanye West.(Rose, Brad) |
| Filing 17 AMENDED COMPLAINT amending #1 Complaint, against 0Daycoins.com, Jane Does, John Does, David P. McEnery, Jr, Robbie E.C.A. Hontele, Harry Wills, Al Ra, Iain Craig, Dave and Louis, Alex Cacciamani, Richard McCord, Patrick Austin, Martin Gasner, Xnigma.com, Beedui, Inc. with JURY DEMAND.Document filed by Kanye West, Mascotte Holdings, Inc. Related document: #1 Complaint, filed by Mascotte Holdings, Inc., Kanye West. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(lmb) |
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Filing 16
ORDER granting #15 Letter Motion for Extension of Time to Amend: Plaintiffs' request for leave to amend the complaint is GRANTED. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa)
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| Filing 15 LETTER MOTION for Extension of Time to Amend (motion for leave to amend pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure) addressed to Judge Analisa Torres from Brad D. Rose dated February 28, 2014. Document filed by Mascotte Holdings, Inc., Kanye West. (Attachments: #1 Exhibit A, #2 Exhibit B)(Rose, Brad) |
| Filing 13 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DECISION proceeding held on 1/16/14 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...(Rodriguez, Somari) |
| Filing 12 TRANSCRIPT of Proceedings re: DECISION held on 1/16/2014 before Judge Analisa Torres. Court Reporter/Transcriber: Carol Ganley, (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 2/18/2014. Redacted Transcript Deadline set for 2/27/2014. Release of Transcript Restriction set for 4/28/2014.(Rodriguez, Somari) |
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Filing 11
INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 3/11/2014 at 04:15 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. The parties are directed to submit a joint letter by March 5, 2014, as further set forth in this Order. (Signed by Judge Analisa Torres on 1/17/2014) (tn)
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Filing 10
ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION FOR LEAVE TO TAKE IMMEDIATE DISCOVERY: that Plaintiffs may serve immediate discovery requests to obtain the identities of Defendants by serving third party subpoenas on the host of the websites as further set forth in this Order. Plaintiffs may serve immediate discovery requests by serving third party subpoenas on the host of the websites listed above for the limited purpose of seeking information sufficient to identify all other domains hosted by any of the defendants that includes the KANYE WEST, COINYE WEST, COINYE and COYE marks; and Plaintiffs may serve additional subpoenas on any leads provided in response to the above subpoena(s) to obtain information sufficient to identify each Doe Defendant and Defendants Jane Does 1 through 50. (Signed by Judge Analisa Torres on 1/16/2014) (tn)
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| Filing 9 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Amazon.com, Inc. served on 1/15/2014, answer due 2/5/2014. Service was accepted by Caroline Little, customer service associate. Document filed by Kanye West; Mascotte Holdings, Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 8 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Fnu Lnu served on 1/14/2014, answer due 2/4/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 7 SUMMONS RETURNED EXECUTED Summons and Complaint, served. John Does served on 1/14/2014, answer due 2/4/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 6 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Conye-Exchange.com served on 1/14/2014, answer due 2/4/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 5 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Newchg.com served on 1/14/2014, answer due 2/4/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Finguerra-DuCharme, Dyan) |
| Filing 4 SUMMONS RETURNED EXECUTED Summons and Complaint, served. Dogecoin served on 1/14/2014, answer due 2/4/2014. Document filed by Kanye West; Mascotte Holdings, Inc.. (Finguerra-DuCharme, Dyan) |
| Minute Order Proceedings held before Judge Analisa Torres: Show Cause Hearing held on 1/16/2014. (Court Reporter Carol Ganley.) (mo) |
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Filing 14
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) (laq)
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Filing 3
ORDER GRANTING PLAINTIFFS' EX PARTE APPLICATION FOR PERMISSION TO USE EMAIL AS SERVICE OF PROCESS ON DEFENDANTS AND THIRD PARTIES: that Plaintiffs may serve all legal documents on defendants and third parties by email at email addresses that Plaintiffs ascertain to be valid and operational including, but not limited to the following email addresses: alexfour@orcon.net.nz; coinyewest@ gmail.com; contact@buycoinye.com; coinyecoin@outlook.com; support@coinyecasino.com, rozenbal@emeto.eu; dogecoincom@obscure.me. Such service shall constitute due and sufficient service and notice hereof. (Signed by Judge Analisa Torres on 1/14/2014) (tn)
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Filing 2
ORDER TO SHOW CAUSE: defendants 0DAYCOINS.COM, COINYE-EXCHANGE.COM, NEWCHG.COM, JANE DOES 1 through 50, FNU LNU, a/k/a JONNY BRAVO, JOHN DOES 1 through 50 and DOGECOIN shall show cause as to why an Order should not be issued pursuant to Rule 4 and Rule 26 of the Federal Rules of Civil Procedure permitting Plaintiff to take immediate discovery and permitting email as service of process. Show Cause Hearing set for 1/16/2014 at 04:00 PM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. Show Cause Response due by noon on 1/16/2014. Copies of this Order shall be served on Defendants by email, on or before January 15, 2014, and that such service shall constitute due and sufficient service and notice hereof. (Signed by Judge Analisa Torres on 1/14/2014) (tn)
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| Filing 1 COMPLAINT against Amazon.com, Inc., Conye-Exchange.com, Jane Does, John Does, Dogecoin, Fnu Lnu, Newchg.com, ODaycoins.com. (Filing Fee $ 350.00, Receipt Number 1085397)Document filed by Kanye West, Mascotte Holdings, Inc.. (Attachments: #1 exh a, #2 exh b, #3 exh c)(laq) |
| SUMMONS ISSUED as to Amazon.com, Inc., Conye-Exchange.com, Jane Does, John Does, Dogecoin, Fnu Lnu, Newchg.com, ODaycoins.com. (laq) |
| Case Designated ECF. (laq) |
| Magistrate Judge Frank Maas is so designated. (laq) |
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