Baiul et al v. NBC Sports, et al
| Oksana Ltd. and Oksana Baiul |
| Does 1-10, NBC Sports, On Ice Inc. and Barry Mendelson |
| 1:2015cv09920 |
| December 21, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B Forrest |
| Copyright |
| 17 U.S.C. § 501 |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 69 MANDATE of USCA (Certified Copy) as to #65 Notice of Appeal, filed by Oksana Ltd., Oksana Baiul. USCA Case Number 16-1616. Ordered, Adjudged and Decreed that the orders of the District Court are AFFIRMED. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 11/07/2017. (nd) |
Filing 68
ORDER of USCA (Certified Copy) as to #65 Notice of Appeal, filed by Oksana Ltd., Oksana Baiul. USCA Case Number 16-1616. This appeal was withdrawn subject to reinstatement upon terms agreed to by the parties. Counsel for the appellant has submitted a timely notice of reinstatement. IT IS HEREBY ORDERED that the appeal is reinstated. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/15/2016. (nd)
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| Filing 67 TRUE COPY ORDER of USCA as to #65 Notice of Appeal, filed by Oksana Ltd., Oksana Baiul USCA Case Number 16-1616. USCA Case Number 16-1616. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to Local Rule 42.1. The stipulation is hereby "So Ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 9/13/2016. (tp) |
| Transmission of USCA Mandate/Order to the District Judge re: #67 USCA Order. (tp) |
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Filing 66
ORDER withdrawing #48 Motion to Withdraw as Attorney. In light of Mr. Markovich's filing of a notice of appeal on behalf of plaintiffs (ECF No. 65), the Court deems Mr. Markovich's motion to withdraw as counsel (ECF No. 48) to be withdrawn. As all issues in this action have now been resolved, the Clerk of Court is directed to close the motion at ECF No. 48 and to terminate this action. (Signed by Judge Katherine B. Forrest on 5/23/2016) (lmb)
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| Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #65 Notice of Appeal, filed by Oksana Ltd., Oksana Baiul were transmitted to the U.S. Court of Appeals. (nd) |
| Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #65 Notice of Appeal,. (nd) |
| Filing 65 NOTICE OF APPEAL from #51 Memorandum & Opinion,,,, #64 Order, #11 Memo Endorsement, #27 Order on Motion to Remand to State Court, #37 Order,, #39 Memo Endorsement,. Document filed by Oksana Baiul, Oksana Ltd.. Filing fee $ 505.00, receipt number 0208-12323811. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Markovich, Raymond) |
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Filing 64
MEMORANDUM DECISION & ORDER: For the foregoing reasons, the Court hereby awards sanctions against Mr. Markovich pursuant to 28 U.S.C. 1927 to NBCUniversal in the amount of $50,000 as set forth in this decision. Mr. Markovich shall inform the Court whether he continues to seek withdrawal as counsel not later than May 26, 2016. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 5/19/2016) (lmb)
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| Filing 63 SEALED DOCUMENT placed in vault.(rz) |
| Filing 62 DECLARATION of Raymond J. Markovich in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Exhibit)(Markovich, Raymond) |
| Filing 61 AFFIRMATION of Raymond J. Markovich in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Exhibit Nutcracker Agreement, #2 Exhibit Fox Agreement, #3 Exhibit Earnings History Report, #4 Exhibit Nutcracker TV Dates, #5 Exhibit WME Agreement, #6 Exhibit Transcript, #7 Exhibit Transcript)(Markovich, Raymond) |
| Filing 60 MEMORANDUM OF LAW in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927. . Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
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Filing 59
MEMO ENDORSEMENT on re: #58 Letter request that this Court "So Order" the attached protective order that had been executed by Judge Ramos in the state court, filed by Oksana Ltd., Oksana Baiul. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 5/5/2016) (tro)
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| Filing 58 LETTER addressed to Judge Katherine B. Forrest from Raymond J. Markovich dated 05/05/2016 re: Protective Order. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Text of Proposed Order State Court Protective Order)(Markovich, Raymond) |
| Filing 57 DECLARATION of Gabrielle Lyons in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by NBC Sports. (Talbert, Chelley) |
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Filing 56
ORDER granting #55 Letter Motion for Leave to File Document. So ordered. (Signed by Judge Katherine B. Forrest on 5/4/2016) (lmb)
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| Filing 55 LETTER MOTION for Leave to File Amended Declaration of Gabarielle Lyons addressed to Judge Katherine B. Forrest from Chelley E. Talbert dated 05/04/2016. Document filed by NBC Sports. (Attachments: #1 Exhibit A)(Talbert, Chelley) |
| Filing 54 DECLARATION of Chelley E. Talbert in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by NBC Sports. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Talbert, Chelley) |
| Filing 53 DECLARATION of Jorge Mendez, Jr. in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by NBC Sports. (Talbert, Chelley) |
| Filing 52 DECLARATION of Gabrielle Lyons in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by NBC Sports. (Talbert, Chelley) |
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Filing 51
OPINION & ORDER re: #28 MOTION to Dismiss Without Prejudice. filed by Oksana Ltd., Oksana Baiul, #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927. filed by NBC Sports. For the reasons set forth above, plaintiffs' motion to dismiss this action without prejudice is DENIED, and NBCUniversal's motion to dismiss this action with prejudice pursuant to Rule 12(c) is GRANTED. The Court also GRANTS NBCUniversal's request for 1927 sanctions, and concludes that Baiul's counsel must pay NBCUniversal's costs and attorneys' fees. NBCUniversal shall file a detailed submission concerning the precise amount of its costs and attorneys' fees in this action not later than two weeks from the date of this decision. Plaintiffs shall file any opposition with respect to the reasonableness of NBCUniversal's requested fees only, not later than one week following the date of NBCUniversal's submission. The Clerk of Court is directed to close the motions at ECF Nos. 28 and 31. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 4/19/2016) (lmb)
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| Filing 50 AFFIRMATION of Raymond J. Markovich in Support re: #48 MOTION for Raymond James Markovich to Withdraw as Attorney .. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Exhibit A - Fox Agreement served on December 23, 2013 by Plaintiffs)(Markovich, Raymond) |
| Filing 49 MEMORANDUM OF LAW in Support re: #48 MOTION for Raymond James Markovich to Withdraw as Attorney . . Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
| Filing 48 MOTION for Raymond James Markovich to Withdraw as Attorney . Document filed by Oksana Baiul, Oksana Ltd..(Markovich, Raymond) |
| Filing 47 DECLARATION of Chelley E. Talbert in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by NBC Sports. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Talbert, Chelley) |
| Filing 46 REPLY MEMORANDUM OF LAW in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927. . Document filed by NBC Sports. (Talbert, Chelley) |
| Filing 45 DECLARATION of Raymond J. Markovich in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Errata Redline showing correction of date typo in original Declaration)(Markovich, Raymond) |
| Filing 44 AMENDED MEMORANDUM OF LAW in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927. Correction of date typos in original Opposition. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Errata Redline showing correction of date typos in original Opposition)(Markovich, Raymond) |
| Filing 43 REPLY MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Without Prejudice. . Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
| Filing 42 AFFIRMATION of Raymond J. Markovich in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Markovich, Raymond) |
| Filing 41 DECLARATION of Raymond J. Markovich in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
| Filing 40 MEMORANDUM OF LAW in Opposition re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927. . Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
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Filing 39
MEMO ENDORSEMENT on re: #38 Letter filed by Oksana Ltd., Oksana Baiul. ENDORSEMENT: Ordered: The motion to withdraw is DENIED at this time. We are in the midst of dispositive motion practice and sanctions briefing. Those motions must be completed before you may withdraw. After they are fully briefed, you may renew your application. (Signed by Judge Katherine B. Forrest on 3/10/2016) (mro)
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| Filing 38 LETTER addressed to Judge Katherine B. Forrest from Raymond J. Markovich dated 03/09/2016 re: Adjournment. Document filed by Oksana Baiul, Oksana Ltd..(Markovich, Raymond) |
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Filing 37
ORDER: The Court hereby notifies the parties that it is seriously considering NBCUniversal's request that the Court impose sanctions against plaintiffs' counsel pursuant to 28 U.S.C. 1927 and provide other appropriate affirmative relief. (See ECF Nos. 32, 34.) The Court further advises the parties that sanctions may be avoided if plaintiffs voluntarily dismiss this action with prejudice not later than March 11, 2016. (Signed by Judge Katherine B. Forrest on 3/7/2016) (lmb)
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| Filing 36 DECLARATION of Jorge Mendez, Jr. in Opposition re: #28 MOTION to Dismiss Without Prejudice.. Document filed by NBC Sports. (Attachments: #1 Exhibit A)(Talbert, Chelley) |
| Filing 35 DECLARATION of Chelley E. Talbert in Opposition re: #28 MOTION to Dismiss Without Prejudice.. Document filed by NBC Sports. (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)(Talbert, Chelley) |
| Filing 34 MEMORANDUM OF LAW in Opposition re: #28 MOTION to Dismiss Without Prejudice. . Document filed by NBC Sports. (Talbert, Chelley) |
| Filing 33 DECLARATION of Chelley E. Talbert in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927.. Document filed by NBC Sports. (Attachments: #1 Exhibit 1)(Talbert, Chelley) |
| Filing 32 MEMORANDUM OF LAW in Support re: #31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927. . Document filed by NBC Sports. (Talbert, Chelley) |
| Filing 31 MOTION for Judgment on the Pleadings and for Sanctions Under 28 USC 1927. Document filed by NBC Sports.(Talbert, Chelley) |
| Filing 30 AFFIRMATION of Raymond J. Markovich in Support re: #28 MOTION to Dismiss Without Prejudice.. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Exhibit Transcript So Ordered)(Markovich, Raymond) |
| Filing 29 MEMORANDUM OF LAW in Support re: #28 MOTION to Dismiss Without Prejudice. . Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
| Filing 28 MOTION to Dismiss Without Prejudice. Document filed by Oksana Baiul, Oksana Ltd..(Markovich, Raymond) |
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Filing 27
MEMORANDUM DECISION & ORDER denying #15 Motion to Remand to State Court. For the foregoing reasons, plaintiffs' motion to remand is DENIED. The Clerk of Court is directed to terminate the motion at ECF No. 15. (As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 2/16/2016) (lmb)
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| Filing 26 REPLY MEMORANDUM OF LAW in Support re: #15 MOTION to Remand to State Court . . Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
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Filing 25
MEMO ENDORSEMENT on re: #24 Letter filed by Oksana Ltd., Oksana Baiul. ENDORSEMENT: Ordered: All briefing shall follow the schedule set forth in the Court's order at ECF No. 23. (Signed by Judge Katherine B. Forrest on 2/8/2016) (mro)
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| Filing 24 LETTER addressed to Judge Katherine B. Forrest from Raymond J Markovich dated 02/05/2016 re: Voluntary Dismissal. Document filed by Oksana Baiul, Oksana Ltd..(Markovich, Raymond) |
| Filing 23 MEMO ENDORSEMENT on re: #22 Letter filed by NBC Sports. ENDORSEMENT: The conference for 2/16 is adjourned pending the motion practice. Motion to be filed on or before 2/26; opposition to follow local rules' timeframes., ( Motions due by 2/26/2016.) (Signed by Judge Katherine B. Forrest on 2/5/2016) (lmb) |
| Filing 22 LETTER addressed to Judge Katherine B. Forrest from Chelley E. Tablert dated 02/04/2016 re: Response to Court's 2/1/2016 Order. Document filed by NBC Sports.(Talbert, Chelley) |
| Filing 21 DECLARATION of Chelley E. Talbert in Opposition re: #15 MOTION to Remand to State Court .. Document filed by NBC Sports. (Attachments: #1 Exhibit A)(Talbert, Chelley) |
| Filing 20 MEMORANDUM OF LAW in Opposition re: #15 MOTION to Remand to State Court . . Document filed by NBC Sports. (Talbert, Chelley) |
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Filing 19
ORDER: The Court is in receipt of plaintiffs' request for an adjournment of the Initial Pretrial Conference in this action. (ECF No. 18.) The parties shall inform the Court whether, apart from plaintiffs' pending motion to remand this action to state court, either party intends to file any dispositive motions at this juncture, including motions for judgment on the pleadings under Rule 12(c). The parties shall so inform the Court not later than February 5, 2016. (Signed by Judge Katherine B. Forrest on 2/1/2016) (lmb)
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| Filing 18 LETTER addressed to Judge Katherine B. Forrest from Raymond J Markovich dated 01/28/2016 re: Request for Adjournment of IPTC. Document filed by Oksana Baiul, Oksana Ltd..(Markovich, Raymond) |
| Filing 17 AFFIRMATION of Raymond J. Markovich in Support re: #15 MOTION to Remand to State Court .. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Exhibit Ex. A - Fourth Amended Complaint)(Markovich, Raymond) |
| Filing 16 MEMORANDUM OF LAW in Support re: #15 MOTION to Remand to State Court . . Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
| Filing 15 MOTION to Remand to State Court . Document filed by Oksana Baiul, Oksana Ltd..(Markovich, Raymond) |
| Filing 14 AFFIDAVIT OF SERVICE of Judge Forrest's Individual Practices served on On Ice, Inc. on 01/08/2016. Service was made by Mail. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Judge Forrest's Individual Practices)(Markovich, Raymond) |
| Filing 13 AFFIDAVIT OF SERVICE of Judge Forrest's Individual Practices served on Barry Mendelson on 01/08/2016. Service was made by Mail. Document filed by Oksana Baiul, Oksana Ltd.. (Attachments: #1 Judge Forrest's Individual Practices)(Markovich, Raymond) |
| Filing 12 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Oksana Baiul, Oksana Ltd..(Markovich, Raymond) |
| Filing 11 MEMO ENDORSEMENT on NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P 41(a)(1)(A)(i). ENDORSEMENT: Denied at this time, unless with prejudice or other sufficient cause shown. (Signed by Judge Katherine B. Forrest on 12/28/2015) (lmb) |
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Filing 10
ORDER: Lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") on Tuesday, February 16, 2016, at 1:30 p.m. All counsel in receipt of this order shall notify all other parties (or, if known, their attorneys) of the IPTC by serving each of them with a copy of this order and with a copy of the Courts Individual Practices in Civil Cases. Counsel shall file proof of such service with the Court. (As further set forth in this Order.) (Initial Conference set for 2/16/2016 at 01:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 12/28/2015) (cdo) Modified on 12/28/2015 (cdo).
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| ***NOTE TO ATTORNEY TO E-MAIL DOCUMENT - NON-ECF DOCUMENT ERROR. Note to Attorney Raymond Markovich to E-MAIL Document No. #9 Notice of voluntary dismissal to judgments@nysd.uscourts.gov. This document is not filed via ECF. (jk) |
| CASE ACCEPTED AS RELATED. Create association to 1:15-cv-02816-KBF. Notice of Assignment to follow. (wb) |
| NOTICE OF CASE ASSIGNMENT to Judge Katherine B. Forrest. Judge Unassigned is no longer assigned to the case. (wb) |
| Magistrate Judge James L. Cott is so designated. (wb) |
| Filing 9 FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - 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, without prejudice against the defendant(s) NBC Sports. Document filed by Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) Modified on 12/28/2015 (jk). |
| Filing 8 NOTICE OF APPEARANCE by Raymond James Markovich on behalf of Oksana Baiul, Oksana Ltd.. (Markovich, Raymond) |
| ***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Chelley Ernette Talbert. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to 2,700,000; the Fee Status code has been modified to pd (paid);. (dgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Chelley Ernette Talbert. The party information for the following party/parties has been modified: On Ice Inc, LLC, Barry Mendelson, Does, 1 through 10, NBC Sports, a division of NBCUniversal Media LLC. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party text was omitted;. (dgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (dgo) |
| CASE REFERRED TO Judge Katherine B. Forrest as possibly related to 15cv2816. (dgo) |
| Case Designated ECF. (dgo) |
| Filing 7 CERTIFICATE OF SERVICE of Notice of Removal served on Raymond Markovich on December 21, 2015. Service was made by Mail. Document filed by NBC Sports, a division of NBCUniversal Media LLC. (Talbert, Chelley) |
| Filing 6 ANSWER to Complaint. Document filed by NBC Sports, a division of NBCUniversal Media LLC.(Talbert, Chelley) |
| Filing 5 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of New York. Case Number: 654420/2013. (Filing Fee $ 400.00, Receipt Number 0208-11761468).Document filed by NBC Sports, a division of NBCUniversal Media LLC. (Attachments: #1 Exhibit Talbert Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20)(Talbert, Chelley) |
| Filing 4 ANSWER to Complaint. Document filed by NBC Sports, a division of NBCUniversal Media LLC.(Talbert, Chelley) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 15-02816. Document filed by NBC Sports, a division of NBCUniversal Media LLC.(Talbert, Chelley) |
| Filing 2 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Comcast Corporation for NBC Sports, a division of NBCUniversal Media LLC. Document filed by NBC Sports, a division of NBCUniversal Media LLC.(Talbert, Chelley) |
| Filing 1 CIVIL COVER SHEET filed. (Talbert, Chelley) |
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