Michael Krechmer v. Andrea K. Tantaros et al.
| Michael Krechmer and Michael Malice |
| Andrea K. Tantaros and Asteros, LLC. |
| 1:2016cv07820 |
| October 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Katherine B Forrest |
| Copyright |
| 28 U.S.C. § 2201 pi Declaratory Judgment - Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 14, 2018. A more recent docket listing may be available from PACER.
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Filing 140
MANDATE of USCA (Certified Copy) as to #139 Notice of Appeal, filed by Michael Krechmer. USCA Case Number 17-4061-cv. 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: 09/14/2018. (nd)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #139 Notice of Appeal,. (nd)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #139 Notice of Appeal, filed by Michael Krechmer were transmitted to the U.S. Court of Appeals. (nd)
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Filing 139
NOTICE OF APPEAL from #137 Order on Motion to Dismiss, #138 Clerk's Judgment,. Document filed by Michael Krechmer. Filing fee $ 505.00, receipt number 0208-14494637. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Wolman, Jay)
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Filing 138
CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated December 1, 2017, Defendant's motion to dismiss the FAC is hereby granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 12/04/2017) (Attachments: #1 Right to Appeal)(km)
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Filing 137
OPINION & ORDER: granting #126 Motion to Dismiss. For the reasons stated above, defendant's motion to dismiss the FAC at ECF No. 126 is hereby GRANTED. The Clerk of Court is directed to terminate all open motions and to terminate this case, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 12/1/2017) (ap) Modified on 12/4/2017 (ap).
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Transmission to Judgments and Orders Clerk. Transmitted re: #137 Order on Motion to Dismiss to the Judgments and Orders Clerk. (ap)
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Filing 136
REPLY MEMORANDUM OF LAW in Support re: #126 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Asteros, LLC., Andrea K. Tantaros. (Stolley, Martha)
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Filing 135
DECLARATION of Andrea Tantaros in Support re: #126 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Asteros, LLC., Andrea K. Tantaros. (Stolley, Martha)
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Filing 134
DECLARATION of Martha B. Stolley in Support re: #126 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Asteros, LLC., Andrea K. Tantaros. (Attachments: #1 Exhibit 1 - Amended Declaration of Andrea Tantaros Pursuant to Local Rule 26.1)(Stolley, Martha)
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Filing 133
SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). Fact Discovery due by 5/16/2018. Expert Discovery due by 6/11/2018. Motions due by 5/30/2018. Responses due by 6/20/2018 Replies due by 6/27/2018. Trial will be before a jury. The next Status Conference (telephonic) set for 2/6/2018 at 01:30 PM before Judge Katherine B. Forrest. Telephone Conference set for 2/6/2018 at 01:30 PM before Judge Katherine B. Forrest. Ready for Trial by 9/10/2018. SO ORDERED. (Signed by Judge Katherine B. Forrest on 11/17/2017) (ama)
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Filing 132
MEMORANDUM OF LAW in Opposition re: #126 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Michael Krechmer. (Wolman, Jay)
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Filing 131
JOINT LETTER addressed to Judge Katherine B. Forrest from Jay M. Wolman and Martha B. Stolley dated November 16, 2017 re: Case Scheduling. Document filed by Michael Krechmer. (Attachments: #1 Exhibit - Report of Parties' Planning Conference, #2 Text of Proposed Order - Scheduling Order)(Wolman, Jay)
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Filing 130
ORDER: The telephonic status conference currently scheduled for Friday, November 17, 2017 at 3:00 p.m. is hereby ADJOURNED. In lieu of the conference, the parties are directed to file a joint letter on ECF not later than Thursday, November 16, 2017 setting forth potential dates for trial in this matter and any other issues that require the attention of the Court. (Signed by Judge Katherine B. Forrest on 11/8/2017) (ap)
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Filing 129
DECLARATION of Andrea Tantaros in Support re: #126 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Asteros, LLC., Andrea K. Tantaros. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Stolley, Martha)
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Filing 128
DECLARATION of Martha B. Stolley in Support re: #126 MOTION to Dismiss Plaintiff's Amended Complaint.. Document filed by Asteros, LLC., Andrea K. Tantaros. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Stolley, Martha)
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Filing 127
MEMORANDUM OF LAW in Support re: #126 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Asteros, LLC., Andrea K. Tantaros. (Stolley, Martha)
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Filing 126
MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Asteros, LLC., Andrea K. Tantaros.(Stolley, Martha)
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Filing 125
LETTER addressed to Judge Katherine B. Forrest from Martha B. Stolley dated October 19, 2017 re: Motion to Dismiss Amended Complaint. Document filed by Asteros, LLC., Andrea K. Tantaros.(Muaddi, Jawad)
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Filing 124
ORDER: The Court hereby ORDERS the following: 1. Defendants are directed to inform the Court whether they intend to move to dismiss the Amended Complaint not later than Thursday, October 19, 2017. In all events, fact discovery should be ongoing. 2. If Defendants do intend to file a motion to dismiss the Amended Complaint, such motion shall be briefed according to the following schedule: a. Opening motion to dismiss not later than Thursday, November 2, 2017. c. Reply not later than Tuesday, November 28, 2017. 3. A conference to set a trial date is hereby set for Friday, November 17, 2017 at 3:00 p.m. b. Opposition not later than Thursday, November 16, 2017. ( Motions due by 11/2/2017., Responses due by 11/16/2017, Replies due by 11/28/2017., Status Conference set for 11/17/2017 at 3:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 10/13/2017) (js)
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Filing 123
FIRST AMENDED COMPLAINT amending #111 Complaint against Asteros, LLC., Andrea K. Tantaros with JURY DEMAND.Document filed by Michael Krechmer. Related document: #111 Complaint. (Attachments: #1 Exhibit 1 - Astero Certificate of Formation, #2 Exhibit 2 - Email from Process Server, #3 Exhibit 3 - Spokeo Report, #4 Exhibit 4 - Tantaros Declaration, #5 Exhibit 5 - Bolling Tweet, #6 Exhibit 6 - Collaboration Agreement)(Wolman, Jay)
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Filing 122
ORDER. The Clerk of Court is hereby directed to terminate the appearances of attorneys Judd Burstein and Peter B. Schalk on behalf of defendants Andrea K. Tantaros and Asteros, LLC. SO ORDERED. Attorney Judd Burstein and Peter B. Schalk terminated. (Signed by Judge Katherine B. Forrest on 10/3/2017) (rjm)
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Filing 121
MEMO ENDORSEMENT on re: #119 LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 10/03/2017 re: Plaintiff's Response to Proposed Order to Show Cause. Document filed by Asteros, LLC., Andrea K. Tantaros. ENDORSEMENT: Ordered. No more filings on this from anyone. Mr. Burstein, you're relieved. Make sure your client has my prior order. (Signed by Judge Katherine B. Forrest on 10/3/2017) (rjm) Modified on 11/8/2017 (rjm).
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Filing 120
MEMO ENDORSEMENT on re: #118 PLAINTIFF'S RESPONSE TO PROPOSED ORDER TO SHOW CAUSE filed by Michael Krechmer. ENDORSEMENT: Ordered. I have no idea what you're really seeking here. If you need Burstein for something at some point, he is an officer of the Court and will appear. (Signed by Judge Katherine B. Forrest on 10/3/2017) (rjm)
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Filing 119
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 10/03/2017 re: Plaintiff's Response to Proposed Order to Show Cause. Document filed by Asteros, LLC., Andrea K. Tantaros.(Burstein, Judd)
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Filing 118
BRIEF Plaintiff's Response to Proposed Order to Show Cause. Document filed by Michael Krechmer. (Attachments: #1 Exhibit 1 - Proposed Order to Show Cause, #2 Exhibit 2 - LawNewz Article)(Wolman, Jay)
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Filing 117
AFFIDAVIT OF SERVICE of 09/29/2017 Order served on Andrea Tantaros on 10/02/2017. Service was accepted by Andrea Tantaros. Document filed by Asteros, LLC., Andrea K. Tantaros. (Burstein, Judd)
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Filing 116
MEMO ENDORSED on re: #103 Response to Motion filed by Michael Krechmer. ENDORSEMENT: Ordered; As to the motion at ECF 99, This is a contract case, not a copyright case. Plaintiff does not hold, and has apparently never applied for, a federal copyright for the work at issue. Plaintiff asserts that he can plead a basis for diversity jurisdiction. Accordingly, plaintiff is granted one final opportunity to replead or alleging presumably The contract or other non-copyright (and no DMCA/copyright dependent) claims. (along with a basis for diversity jurisdiction). Plaintiff must file any amended complaint not later than Oct. 11, 2017. So Ordered (Signed by Judge Katherine B. Forrest on 9/29/2017) (js)
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Set/Reset Deadlines: Amended Pleadings due by 10/11/2017. (js)
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Filing 115
NOTICE OF APPEARANCE by Jawad B. Muaddi on behalf of Asteros, LLC., Andrea K. Tantaros. (Muaddi, Jawad)
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Filing 114
NOTICE OF APPEARANCE by Martha Brockway Stolley on behalf of Asteros, LLC., Andrea K. Tantaros. (Stolley, Martha)
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Filing 113
ORDER. The Court has received defense counsels motion to withdraw and to stay this action dated September 22, 2017. The Court hereby ORDERS that: Defense counsel's motion to stay the action for 60 days is DENIED. The parties are advised that discovery in this action should be ongoing. Before effectuating his withdrawal, defense counsel is directed to advise Ms. Tantaros that Astero, LLC, as a limited liability company, may not proceed pro se in this Court. Accordingly, new counsel must file an appearance on behalf of Astero, LLC not later than Friday, October 13, 2017 or Astero, LLC will be in a default position. Mr. Burstein shall serve a copy of this order on his client and certify to the Court that he has done so. At that point, the Court shall effectuate his withdrawal. SO ORDERED. (Signed by Judge Katherine B. Forrest on 9/29/2017) (rjm)
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Filing 112
NOTICE of Filing re: #111 Complaint. Document filed by Michael Krechmer. (Wolman, Jay)
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Filing 111
COMPLAINT against Asteros, LLC., Andrea K. Tantaros. Document filed by Michael Krechmer. (Attachments: #1 Exhibit 1 - Collaboration Agreement, #2 Exhibit 2 - Title Page, #3 Exhibit 3 - Copyright Page)(Wolman, Jay)
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Filing 110
ORDER: The Court is in receipt of plaintiff's letter dated August 25, 2017, and in which plaintiff identifies certain documents missing from the public docket. After a diligent search, the Court has determined that the original complaint in this action, originally filed under seal at ECF No. 2, is not present in its files. Accordingly, plaintiff is directed to refile the complaint-with appropriate redactions-on the public docket. (Signed by Judge Katherine B. Forrest on 8/28/2017) (jwh)
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Filing 109
LETTER addressed to Judge Katherine B. Forrest from Jay M. Wolman dated August 25, 2017 re: Unsealing of Case. Document filed by Michael Krechmer. (Attachments: #1 Exhibit A - Redacted Letter dated Oct 11 2016)(Wolman, Jay)
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Filing 108
LETTER MOTION for Extension of Time addressed to Judge Katherine B. Forrest from Judd Burnstein dated 7/31/2017. Document filed by Asteros, LLC., Andrea K. Tantaros.(js)
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Filing 107
LETTER addressed to Judge Katherine B. Forrest from Judd Burnstein dated 7/31/2017 re: Counsel writes to request a 10-day extension of the sealing order because of a health issue. On July 18, 2017, I underwent back surgery. Starting immediately after the July 4 weekend, I have suffered through severe pain both before and after the surgery. As a result, until this past weekend, I was taking pain medication which prohibited me from responsibly practicing law in matters requiring judgment, strategy, and/or legal analysis. While I am no longer on pain medication which clouds my judgment, I am still under my doctor's orders not to work more than a few hours a day. In any event, I do not yet have the stamina to work more hours each day. Needless to say, the backlog of work for my clients is daunting. (Attachments: #1 Exhibit A, #2 Exhibit B)(js)
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Filing 106
DECLARATION of Jay M. Wolman. (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 9 1/2, #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, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Exhibit 32, #34 Exhibit 33, #35 Exhibit 34, #36 Exhibit 35, #37 Exhibit 36, #38 Exhibit 37, #39 Exhibit 38, #40 Exhibit 39, #41 Exhibit 40, #42 Exhibit 41, #43 Exhibit 42, #44 Exhibit 43, #45 Exhibit 44, #46 Exhibit 45, #47 Exhibit 46, #48 Exhibit 47, #49 Exhibit 48, #50 Exhibit 49, #51 Exhibit 50, #52 Exhibit 51, #53 Exhibit 52, #54 Exhibit 53, #55 Exhibit 54)(js)
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Filing 105
PLAINTIFF'S PRESENTATION OF ADDITIONAL EVIDENCE AND ATATEMENT OF ADDITIONAL MATERIAL FACTS IN OPPOSITION TO CONVERTED MOTION FOR SUMMARY JUDGMENT. (js)
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Filing 104
DECLARATION of Attorney Jay M. Wolman. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Redacted, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(js)
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Filing 103
PLAINTIFF MICHAEL KRECHMER'S OPPOSITION TO DEFENDANTS' MOTION TO DISMISS THE COMPLAINT AND FOR RELATED RELIEF re: #99 MOTION to Dismiss for Lack of Jurisdiction. Document filed by Michael Krechmer.
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Filing 102
AFFIDAVIT OF SERVICE of Notice of Motion to Dismiss and for related relief, Memorandum of law in Support, and Declaration of Judd Burnstein, with Exhibits served on Randazza Legal Group, PLLC on 8/21/2017. Service was made by EMAIL. Document filed by Asteros, LLC., Andrea K. Tantaros. (js)
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Filing 101
DECLARATION of Judd Burnstein in Support re: #99 NOTICE OF MOTION RE: pursuant to Fed. R. Civ. P. 12(b)(1), to dismiss the Complaint ("Complaint") filed by Plaintiff Michael Krechmer ("Plaintiff') for lack of subject matter jurisdiction; (b) pursuant to Fed. R. Civ. P. 12(b) (6), to dismiss Plaintiff's First, Second, Fourth, and Sixth Claims for Relief for failure to state a claim; (c) pursuant to Fed. R. Civ. P. 12(f)(2), to strike paragraph 40 of the Complaint; and (d) for such other and further relief as this Court deems just and proper. Document filed by Asteros, LLC., Andrea K. Tantaros. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(js)
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Filing 100
MEMORANDUM OF LAW in Support re: #99 NOTICE OF MOTION RE: pursuant to Fed. R. Civ. P. 12(b)(1), to dismiss the Complaint ("Complaint") filed by Plaintiff Michael Krechmer ("Plaintiff') for lack of subject matter jurisdiction; (b) pursuant to Fed. R. Civ. P. 12(b) (6), to dismiss Plaintiff's First, Second, Fourth, and Sixth Claims for Relief for failure to state a claim; (c) pursuant to Fed. R. Civ. P. 12(f)(2), to strike paragraph 40 of the Complaint; and (d) for such other and further relief as this Court deems just and proper. Document filed by Asteros, LLC., Andrea K. Tantaros. (js)
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Filing 99
NOTICE OF MOTION RE: pursuant to Fed. R. Civ. P. 12(b)(1), to dismiss the Complaint ("Complaint") filed by Plaintiff Michael Krechmer ("Plaintiff') for lack of subject matter jurisdiction; (b) pursuant to Fed. R. Civ. P. 12(b)(6), to dismiss Plaintiff's First, Second, Fourth, and Sixth Claims for Relief for failure to state a claim; (c) pursuant to Fed. R. Civ. P. 12(f)(2), to strike paragraph 40 of the Complaint; and (d) for such other and further relief as this Court deems just and proper. Document filed by Asteros, LLC., Andrea K. Tantaros.(js)
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Filing 98
LETTER addressed to Judge Katherine B. Forrest from Judd Bernstein dated 10/10/2016 re: Counsel for Defendants write As discussed below, because the Collaboration Agreement bars oral modifications, Plaintiff claims that the parties entered into a new "Ghostwriting Agreement." Even if one assumes the truth of the factually frivolous claim, Plaintiff's claim is nonetheless frivolous because, by its terms, Section 5.1 of the Collaboration Agreement, which contains Plaintiffs concession that he has no ownership rights in the book, specifically survives termination of that Agreement. Accordingly, Defendants request that this matter be sealed pending an expedited briefing schedule for motions to dismiss the Complaint and for sanctions. Document filed by Asteros, LLC. Andrea K. Tantaros. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(js)
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Filing 52
NOTICE OF APPEARANCE by Judd Burstein on behalf of Asteros, LLC., Andrea K. Tantaros. (Burstein, Judd)
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Filing 51
NOTICE OF APPEARANCE by Ronald D. Green on behalf of Michael Krechmer. (Green, Ronald)
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Filing 50
NOTICE OF APPEARANCE by Jay Marshall Wolman on behalf of Michael Krechmer. (Wolman, Jay)
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Filing 97
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/15/2016 re: I write to request a very brief adjournment, to November 21, 2016, of the date for Defendants to file their reply papers in support of their Motion to Dismiss the Complaint (now converted into a summary judgment motion) and their Motion for a Preliminary Injunction, and as further specified in this letter. This is Defendants' first request for an extension of time to file papers in support of their Motion for a Preliminary Injunction, and second request for an extension of time to file their reply papers in further support of their Motion to Dismiss the Complaint (now converted into a motion for summary judgment). Defendants' first request regarding their reply papers was granted. This document was previously filed under seal in envelope doc. no. 21. There is no corresponding pdf to attach to this entry. (rjm)
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Filing 96
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 7/11/2017 re: I write in response to Mr. Wolman's letter of June 30, 2017 (Exhibit A hereto) and Ms. Goldstein's letter of July 5, 2017 (Exhibit B hereto). Because I am responding to multiple letters in one submission, I have exceeded the Court's normal page limitation and ask Your Honor's indulgence. In all events, absent the Court's permission, I do not think it is appropriate for me to send this letter to Ms. Goldstein because in doing so, I would be violating the sealing Order which is unequivocally still in effect. However, if Your Honor were to permit me to share a copy of this letter with Ms. Goldstein, I ask that it be accompanied by an order requiring that my letter, and any response to it by Ms. Goldstein, be filed under seal, and as further specified in this letter. This document was previously filed under seal in envelope doc. number 38. CD Rom. (rjm).
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Filing 95
ENDORSED LETTER (email) addressed to Judge Katherine B. Forrest and Jay M. Wolman from Judd Burstein dated 7/31/2017 re: In light of Mr. Wolman's recent email and copies of redacted prior submissions to the Court, I have conferred with my client and ask Your Honor to stay the unsealing until Friday only because I believe that there are other references and even attachments of the purported text message in submissions I made to the Court, as well as possible discussions of it by opposing counsel, and as further specified in this letter. ENDORSEMENT: ORDER. Post to docket. SO ORDERED. (Signed by Judge Katherine B. Forrest on 8/1/2017). This document was previously filed under seal in envelope doc. number 45. (rjm)
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Filing 94
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 8/4/2017 re: I write in connection with Your Honor's Order of July 31,2017, authorizing redactions to certain documents submitted in this case which will be unsealed imminently. Accompanying the emailed version of this letter as PDF files are redacted versions of the submissions in this case that we believe comport with Your Honor's ruling, and as further specified in this letter. This document was previously filed under seal in envelope doc. number 44. (rjm)
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Filing 93
ORDER. Plaintiff may file a statement of relatedness before this Court under seal regarding Case No. 17-cv-2958, and that would present no conflict with the seal in this matter. The remainder of the parties' letters involve allegations and denials of seal violations. The appropriate vehicle for challenging alleged violations of this Court's orders is a motion for contempt. The Court will not adjudicate such a de facto motion via the rather unruly letter filings. So ordered. (Signed by Judge Katherine B. Forrest on 7/25/2017). This document was previously filed under seal in envelope doc. number 41. (rjm)
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Filing 92
OPINION AND ORDER. For the foregoing reasons, defendant's motion for a preliminary injunction is DENIED. The seal on this matter is hereby lifted. The Clerk of Court is directed to unseal this matter and post the filings to the public docket three business days following the issuance of this order, i.e., Tuesday, August 1, 2017. So ordered. (Signed by Judge Katherine B. Forrest on 7/27/2017). This document was previously filed under seal in envelope doc. number 40. (rjm)
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Filing 91
LETTER addressed to Judge Katherine B. Forrest from Jay Marshall Wolman dated 7/13/2017 re: Although Defendants are free to seek leave to amend the related case, serve counterclaims, and seek a sealing order relative to evidence provided to Fox News, I cannot let Attorney Burstein's regular and ongoing accusations of improper conduct go unanswered. I unequivocally did not breach any order of this Court and would be prepared to testify to the same before this Court, and as further specified in this letter. This document was previously filed under seal in envelope doc. number 39. (rjm)
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Filing 90
ORDER. The Court has reviewed plaintiff's letter dated June 30, 2017, and filed July 5, 2017, discussing his intent to file a statement of relatedness between this action and Case No. 17-cv-2958 before the Honorable George B. Daniels. The Court notes that although plaintiff's letter was emailed to chambers after 5:00 p.m. on Friday, June 30, 2017 (the Friday evening before a long holiday weekend when the courthouse would remain closed until the following Wednesday), the letter was not filed until July 5, 2017. The Court therefore grants defendant until Monday, July 10, 2017, to file any response in accordance with the Court's Individual Rules. So ordered. This document was previously filed under seal in envelope doc. number 37. (Signed by Judge Katherine B. Forrest on 7/5/2017) (rjm)
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Filing 89
LETTER addressed to Judge Katherine B. Forrest from Jay Marshall Wolman dated 6/30/2017 re: As your Honor is aware, the oral temporary restraining order of November 3, 2016, which was anticipated to expire December 15, 2016 pending resolution of a then-to-be-file motion for preliminary injunction, may remain operative in this matter, and as further specified in this letter. This document was previously filed under seal in envelope doc. number 36. (rjm)
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Filing 88
DEFENDANTS' REPLY MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR PRELIMINARY INJUNCTION. Document filed by Asteros, LLC., Andrea K. Tantaros. This document was previously filed under seal in envelope doc. number 35. (rjm)
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Filing 87
PLAINTIFF'S RESPONSE TO DEFENDANTS' STATEMENT OF MATERIAL FACTS. Document filed by Michael Krechmer. This document was previously filed under seal in envelope doc. number 34. (rjm)
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Filing 86
PLAINTIFF MICHAEL KRECHMER'S OPPOSITION TO DEFENDANTS' MOTION FOR PRELIMINARY INJUNCTION. Document filed by Michael Krechmer. This document was previously filed under seal in envelope doc. number 34. (rjm)
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Filing 85
ENDORSED LETTER (email) addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/29/2016 re: I request the opportunity to file new responses to those portions of Plaintiff's Local Rule 56.1 Statement which Defendants had denied because the underlying exhibit was objected to on authenticity grounds, and as further specified in this letter. ENDORSEMENT: So ordered. (Generally, you should send letters and not email with contact. Because this matter is sealed at the moment, I am allowing more flexibility with that). (Signed by Judge Katherine B. Forrest on 11/29/2016). This document was previously filed under seal in envelope doc. number 33. (rjm)
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Filing 84
AMENDED COUNTER-STATEMENT PURSUANT TO LOCAL RULE 56.1(b). Document filed by Asteros, LLC., Andrea K. Tantaros. This document was previously filed under seal in envelope doc. number 32. (rjm)
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Filing 83
DECLARATION OF JUDD BURSTEIN, ESQ. This document was previously filed under seal in envelope doc. number 31. CD Rom. (rjm).
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Filing 82
AFFIDAVIT OF SERVICE. PAUL GUZMAN, being sworn, deposes and says: The deponent is not a party to this proceeding, is over 18 years of age, and resides in Rego Park, New York. On November 21, 2016, I served the within NOTICE OF MOTION, DECLARATIONS OF JUDD BURSTEIN AND ANDREA TANT AROS, MEMORANDA OF LAW, RULE 56.1 STATEMENT, AND RULE 56.1 COUNTER-STATEMENT, upon: Jay M. Wolman, Randazza Legal Group, 100 Pearl Street, 14th Floor, Hartford, CT 06103, Jmw@randazza.com, Ecf@randazza.com by sending a true copy thereof to counsel for Plaintiff via EMAIL, to the above referenced email addresses. This document was previously filed under seal in envelope doc. number 31. (rjm)
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Filing 81
DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR PRELIMINARY INJUNCTION. Document filed by Asteros, LLC., Andrea K. Tantaros. This document was previously filed under seal in envelope doc. number 31. (rjm)
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Filing 80
DEFENDANTS' MEMORANDUM OF LAW IN SUPPORT OF THEIR MOTION FOR SUMMARY JUDGMENT. Document filed by Asteros, LLC., Andrea K. Tantaros. This document was previously filed under seal in envelope doc. number 31. (rjm)
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Filing 79
COUNTER-STATEMENT PURSUANT TO LOCAL RULE 56.1(b). Document filed by Asteros, LLC., Andrea K. Tantaros. This document was previously filed under seal in envelope doc. number 31. (rjm)
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Filing 78
STATEMENT OF MATERIAL FACTS PURSUANT TO LOCAL RULE 56.1. Document filed by Asteros, LLC., Andrea K. Tantaros. This document was previously filed under seal in envelope doc. number 31. (rjm)
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Filing 77
NOTICE OF MOTION. PLEASE TAKE NOTICE that, upon (a) the accompanying Declaration of Judd Burstein, Esq., dated November 21, 2016, with attached exhibits, (b) the Declaration of Andrea K. Tantaros, dated November 21, 2016, with attached exhibits, (c) the accompanying Memorandum of Law, (d) Defendants Andrea K. Tantaros and Astero, LLC's (collectively, "Defendants") Statement Pursuant to Local Rule 56.1, ( e) the Court's Order converting Defendants' Motion to Dismiss pursuant to Fed R. Civ. P. 12(b) into a Motion for Summary Judgment pursuant to Fed R. Civ. P. 56, and (f) all of the prior proceedings heretofore had herein, Defendants will move this Court, before the Honorable Katherine B. Forrest, at the Courthouse located at 500 Pearl Street, Courtroom 23B, New York, New York 10007, at a date and time to be set by the Court, for an Order (a) granting Summary Judgment to Defendants dismissing the Complaint Pursuant to Fed. R. Civ. P. 56, and (b) granting a preliminary injunction prohibiting Plaintiff Michael Krechmer, a/k/a Michael Malice ("Plaintiff"), from violating the confidentiality provision of the Collaboration Agreement during the pendency of the sealing order in this case, together with such other and further relief as this Court deems just and proper, and as further specified in this Notice of Motion. (Attachments: #(1) Tantaros Decl.) This document was previously filed under seal in envelope doc. number 31. CD Rom. (rjm).
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Filing 76
LETTER addressed to Judge Katherine B. Forrest from Jay M. Wolman dated 11/23/2016 re: On October 28, 2016, following the submission of Plaintiff's opposition thereto, the Court converted Defendants' pending motion to dismiss into one for summary judgment and altered the briefing schedule to permit Plaintiff to introduce evidence in opposition to summary judgment. Defendants were permitted to file a reply, ultimately extended twice to November 21, 2016. On November 21, 2016, Defendants filed a reply memorandum, styled "Defendants' Memorandum of Law in Support of their Motion for Summary Judgment", as well as a new Statement of Material Facts Pursuant to Local Rule 56.1, Declarations from Plaintiff and her counsel, and several dozen exhibits, and as further specified in this letter. This document was previously filed under seal in envelope doc. number 30. (rjm)
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Filing 75
ORDER ON MOTION FOR ADMISSION PRO HAC VICE. The motion of Ronald D. Green for admission to practice Pro Hac Vice in the above captioned action is granted, and as further set forth in this Order. (Signed by Judge Katherine B. Forrest on 11/16/2016). This document was previously filed under seal in envelope doc. number 29. (rjm)
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Filing 74
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Jay M. Wolman dated 11/23/2016 re: Plaintiff requests leave to submit a Declaration of Plaintiff authenticating the exhibits in question and otherwise in support of all factual statements responded-to herein, pursuant to Local Rule 56.1(d). ENDORSEMENT: So ordered. When can you get it in? By 12/12? (Signed by Judge Katherine B. Forrest on 11/28/2016). This document was previously filed under seal in envelope doc. number 28. (rjm)
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Filing 73
MEMO ENDORSEMENT on re: #71 LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/28/2017 re: I write in response to Mr. Wolman's letter of November 23, 2016, which, in essence, asks the Court for a "mulligan" in order to cure Plaintiff's inexcusably defective summary judgment submission. ENDORSEMENT: Ordered. I will nonetheless allow the sur-reply. Do you still want to withdraw the portions of your 56.1 indicated? Let me know. (Signed by Judge Katherine B. Forrest on 11/29/2016). This document was previously filed under seal in envelope doc. number 27. (rjm)
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Filing 72
DECLARATION OF MICHAEL KRECHMER. Document filed by Michael Krechmer. This document was previously filed under seal in envelope doc. number 26. (rjm)
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Filing 71
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/28/2017 re: I write in response to Mr. Wolman's letter of November 23, 2016, which, in essence, asks the Court for a "mulligan" in order to cure Plaintiff's inexcusably defective summary judgment submission. (Attachments: #(1) Ex. A, #(2) Ex. B). This document was previously filed under seal in envelope doc. number 25. (rjm)
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Filing 70
ORDER. Defendant's request for an extension to Monday, November 21, 2016, is granted. Plaintiff's deadline to oppose is extended to Monday, December 5, 2016. Defendant's deadline to reply shall remain Friday, December 9, 2016. So ordered. (Signed by Judge Katherine B. Forrest on 11/15/2016). This document was previously filed under seal in envelope doc. number 24. (rjm)
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Filing 69
ORDER. As discussed at the conference of November 3, 2016, a briefing schedule for defendant's anticipated motion, if any, is hereby set as follows: 1. Defendants' motion shall be filed not later than Friday, November 18, 2016. 2. Plaintiff's opposition to the motion shall be filed not later than Friday, December 2, 2016. 3. Defendant's reply to plaintiff's opposition shall be filed not later than Friday, December 9, 2016. The Court shall endeavor to resolve the motion by Thursday, December 15, 2016. All filings shall remain under seal under further order of the Court. So ordered. (Signed by Judge Katherine B. Forrest on 11/3/2016). This document was previously filed under seal in envelope doc. number 23. (rjm)
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Filing 68
ORDER. The Court has reviewed the parties' letter submissions of November 1 and November 2, 2016. A conference to address the issues raised therein is hereby set for Thursday, November 3, 2016, at 2:00 p.m. The Court denies defendant's November 2, 2016, request for document production in relation to this conference. The conference shall take place in open court. Any party that wishes the courtroom to be sealed may make an appropriate application to the Court. As stated in the Court's October 13, 2016, order, papers filed on ECF in this case shall remain sealed until further order of the Court. So ordered. (Signed by Judge Katherine B. Forrest on 11/2/2016). This document was previously filed under seal in envelope doc. number 22. (rjm)
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Filing 67
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/15/2016 re: I write to request a very brief adjournment, to November 21,2016, of the date for Defendants to file their reply papers in support of their Motion to Dismiss the Complaint (now converted into a summary judgment motion) and their Motion for a Preliminary Injunction. (Attachments: #(1) Ex. A). This document was previously filed under seal in envelope doc. number 20. (rjm)
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Filing 66
LETTER addressed to Judge Katherine B. Forrest from Jay Marshall Wolman dated 11/2/2016 re: I am writing in response to the letter from Defendants' counsel once more banging on the table, looking for any theory other than the merits of the case to attempt to gain a tactical advantage. Rather than engage in a lengthy back-and-forth, I acknowledge that our firm was contacted by counsel for Fox News regarding a potential subpoena in the arbitration matter. We broke neither confiden1iali1y nor the seal. The striking thing, of course, is that Plaintiff is the party who was cautious enough to file the case under seal in the first instance. This document was previously filed under seal in envelope doc. number 17. (rjm) Modified on 8/14/2017 (rjm).
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Filing 65
APPEARANCE OF COUNSEL by Peter B. Schalk on behalf of Asteros, LLC., Andrea K. Tantaros. (Attachments: #(1) Attacked Affidavit of Service). This document was previously filed under seal in envelope doc. number 16. (rjm)
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Filing 64
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Jay Marshall Wolman dated 11/1/2016 re: Because the scope of search, as set forth above, is unclear, and the mechanism of examination is not being disclosed, the request for an examination of "15 minutes or so", without any reasonable restriction. Thus, Plaintiff opposes the request to the extent that the examination exceeds 20 minutes and consists of steps beyond the retrieval of the e-mail message in question and sorting by e-mail threads. Plaintiff further opposes any methodology that would reveal his e-mail password or log such password. Plaintiff is only available for such examination on November 7 & 9, both days between the hours of 11:00 a.m. to 3:00 p.m. ENDORSEMENT: Ordered. The forensic examination may occur strictly subject to the above limitations. If the examination requires more than this, it should be conducted during full-blown discovery following resolution of the pending motion. (Signed by Judge Katherine B. Forrest on 11/2/2016). This document was previously filed under seal in envelope doc. number 15. (rjm)
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Filing 63
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/2/2016 re: I write (a) to alert Your Honor to what would appear to be a direct violation of Your Honor's and Judge Seibel's sealing orders, and (b) to request an immediate conference this week - subject to Your Honor's schedule - to address a number of related issues described below. This document was previously filed under seal in envelope doc. number 14. (rjm)
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Filing 62
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/1/2017 re: I write to request an adjustment of the Summary Judgment Motion briefing schedule set by Your Honor last week, and as further requested and specified in this letter. This document was previously filed under seal in envelope doc. number 13. (rjm)
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Filing 61
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 11/1/2016 re: I write to request an adjustment of the Summary Judgment Motion briefing schedule set by Your Honor last week, and as further requested and specified in this letter. ENDORSEMENT: Ordered. 1. Extension to 11/17 granted. 2. On the forensic exam, plaintiff counsel shall confer with defense counsel and if there is disagreement, plaintiff's counsel shall inform the Court why she opposes the request in writing not later than 11/4/16. (Signed by Judge Katherine B. Forrest on 11/1/2016). This document was previously filed under seal in envelope doc. number 12. (rjm)
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Filing 60
ORDER. The Court has reviewed defendant's motion to dismiss and plaintiff's opposition to that motion. In light of the opposition's arguments at footnote 6 and at page 11 et seq., the Court hereby gives notice that the motion to dismiss is converted pursuant to Federal Rule of Civil Procedure 12(d) to one for summary judgment. To the extent that plaintiff would like to present additional evidence pertinent to the motion, plaintiff must do so by Friday, November 4, 2016. Defendant has until Monday, November 14, 2016, to reply. SO ORDERED. (Signed by Judge Katherine B. Forrest on 10/28/2016). This document was previously filed under seal in envelope doc. number 11. (rjm)
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Filing 59
ORDER. The Court has received the letter from counsel for plaintiff dated October 18, 2016, with plaintiff's request to dispense with hard-copy filings and to file by email only. The request is denied. The parties shall file physical copies of all documents under seal and provide courtesy copies to the Court. The parties may continue to provide electronic copies to the Court by email in addition to filing physical copies. So ordered. (Signed by Judge Katherine B. Forrest on 10/19/2016). This document was previously filed under seal in envelope doc. number 9. (rjm)
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Filing 58
LETTER addressed to Judge Katherine B. Forrest from G. William Bartholomew dated 10/18/2016 re: I am an associate at Judd Burstein, P.C., counsel for Defendants in the above-captioned action. I write in reference to Your Honor's Order approving Defendants' proposed briefing schedule for their anticipated Motions to Dismiss and for Sanctions (the "Order"). This document was previously filed under seal in envelope doc. number 8. (rjm)
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Filing 57
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 10/17/2016 re: I write pursuant to Rule 1.G of Your Honor's Individual Rules of Practice in Civil Cases, to respectfully request a 15-page extension of the 25-page limit applicable to Defendants' Memorandum of Law in Support of their Motion to Dismiss, which we plan to serve this Wednesday, October 19, 2016. This document was previously filed under seal in envelope doc. number 7. (rjm)
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Filing 56
ENDORSED LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 10/17/2016 re: Request for a 15-page extension of the 25-page limit applicable to Defendants' Memorandum of Law in Support of Motion to Dismiss, and as further specified in this letter. ENDORSEMENT: So ordered. (Signed by Judge Katherine B. Forrest on 10/18/2016). This document was previously filed under seal in envelope doc. number 6. (rjm)
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Filing 55
ORDER. It is here by ordered that: 1. Defendants' motion for an expedited briefing schedule is GRANTED. Deadlines for briefing are as follows: a. Wednesday, October 19, 2016, for filing of defendants' motion to dismiss, if any, and for service of defendants' sanctions motion; b. Thursday, October 27, 2016, for filing of plaintiff's response to defendants' motion to dismiss; c. Tuesday, November 1, 2016, for filing of defendants' reply; d. Thursday, November 10, 2016, for filing of defendants' Rule 11 motion, if any; e. Wednesday, November 16, 2016, for filing of plaintiff's response to defendants' Rule 11 motion; and f. Tuesday, November 22, 2016, for filing of defendants' reply. 2. This case shall remain under seal until further order of this Court. 3. Each time a document is filed in this case it shall be individually numbered, and the submitting party must also file a letter on the public docket the same day noting the document number and the general nature of the submission. So ordered. (Signed by Judge Katherine B. Forrest on 10/13/2016) This document was previously filed under seal in envelope doc. number 5. (rjm)
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Filing 54
ORDER. The Court has just received and not yet fully reviewed the file in this matter until Friday, October 14, 2016 at 5:00 p.m. It further hereby extends the deadline for defendants to file an application to extend the seal until Friday, October 14, 2016, at 9:30 a.m. SO ORDERED. (Signed by Judge Katherine B. Forrest on 10/11/2016). This document was previously filed under seal in envelope doc. number 4. (rjm)
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Filing 49
ORDER: To review sealed materials for potential redactions consistent with this Court's order of August 9, 2017 (ECF No. 47), the parties are directed to meet in the conference room of Courtroom 23B at 11:30 a.m. on Friday, August 11, 2017. SO ORDERED., ( Status Conference set for 8/11/2017 at 11:30 AM in Courtroom 23B, 500 Pearl Street, New York, NY 10007 before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/09/2017) (ama)
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Filing 48
LETTER addressed to Judge Katherine B. Forrest from Judd Burstein dated 08/09/2017 re: Reviewing Sealed Materials. Document filed by DEF.(Burstein, Judd)
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Filing 47
ORDER: It is hereby ordered that: All further filings in this matter shall be made on the public docket, with a full caption of the parties' names. Consistent with applicable law, the Court will only redact words and/or phrases that must be redacted as a matter of law or equity. For example, the word that completes the quote beginning "Little does he know that after reading the book manuscript I actually--"Shall be redacted, and the screenshot of a text message reflecting same shall be maintained under seal. The Court will not redact the full quote, nor will it redact mere references to the quote or text message. An example of the type of proposed redaction that is unacceptable to the Court is attached. Materials previously filed under seal will be posted to the public docket no later than 5:00 pm on Friday, August 11, 2017. The parties are directed to immediately send a letter to the Court indicating a time they are jointly available to physically review the sealed materials and agree on limited redactions consistent with this order. The parties may no longer send e-mails to Chambers regarding this case. The time for having this case fly below the radar is over. This case has been unsealed. The parties are encouraged to promptly advise the Court of a time they are jointly available to review the sealed records and agree on limited redactions consistent with this order. So Ordered. (Signed by Judge Katherine B. Forrest on 8/9/2017) (js)
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Filing 46
ORDER, The Clerk of Court is directed to unseal the above-referenced matter. SO ORDERED. (Signed by Judge Katherine B. Forrest on 08/09/2017) (mps)
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Filing 45
SEALED DOCUMENT placed in vault.(mps)
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Filing 44
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Filing 43
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Filing 41
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Filing 40
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Filing 53
OPINION & ORDER: For the foregoing reasons, defendant's motion for a preliminary injunction is DENIED. The seal on this matter is hereby lifted. The Clerk of Court is directed to unseal this matter and post the filings to the public docket three business days following the issuance of this order, i.e., Tuesday, August 1, 2017, and as further set forth in this order. (Signed by Judge Katherine B. Forrest on 7/27/2017) (ap) Modified on 9/1/2017 (ap).
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Filing 39
SEALED DOCUMENT placed in vault.(rz)
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Filing 1
ORDER, Case sealed. (Signed by Judge Cathy Seibel on 10/06/2016) (mps)
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Magistrate Judge Sarah Netburn is so designated. (mps)
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