Tang et al v. Guo
| Democracy Academy of China, Baiqiao Tang, Jing Geng and Tang Baiqiao |
| Wengui Guo, Golden Spring (New York) Ltd., Ho Wan Kwok, Saraca Media Group Inc., Rule of Law Society IV Inc., Guo Wengui, Rule of Law Foundation III Inc. and Miles Kwok |
| 1:2017cv09031 |
| November 17, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John F Keenan |
| Katharine H Parker |
| Trademark |
| 15 U.S.C. § 1051 Trademark Infringement |
| None |
Docket Report
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Filing 97
ORDER: Plaintiff Baiqiao Tang a/k/a Tang Baiqiao ("Plaintiff Tang") has failed to comply with this Court's Order dated March 1, 2021, and has failed to prosecute his claims. Plaintiff Jing Geng ("Plaintiff Geng") passed away in April 2021, and no motion to substitute a proper party, or for an extension of time to do so, has been filed. IT IS THEREFORE ORDERED, DECREED AND ADJUDGED that all claims and causes of action asserted in this action by Plaintiff Tang and Plaintiff Geng are dismissed with prejudice. The Court respectfully requests that the Clerk close this case. SO ORDERED. (Signed by Judge John F. Keenan on 2/1/2022) (tg)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #96 Proposed Order was reviewed and approved as to form. (dt)
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Filing 96
PROPOSED ORDER. Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc.. Related Document Number: #94 ..(Reed, Steven) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 95
MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss . . Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Reed, Steven)
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Filing 94
MOTION to Dismiss . Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Reed, Steven)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Steven J. Reed to RE-FILE Document #93 MOTION to Dismiss (Joint). ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 93
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss (Joint). Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc.. (Attachments: #1 Memorandum of Law, #2 Proposed Order).(Reed, Steven) Modified on 11/5/2021 (ldi).
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Filing 92
AFFIDAVIT OF SERVICE of Letter to Hon. Katharine H. Parker, J.S.M.J. from Steven J. Reed, Esq. served on Tang Baiqiao on 9/30/2021. Service was made by Mail. Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Bouskila, Sarah)
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Filing 91
ORDER GRANTING WITHDRAWAL OF APPEARANCE OF MARK I. BAILEN:In accordance with Local Civil Rule 1.4, and upon consideration of the annexed declaration, Mark I. Bailen of Baker & Hostetler LLP, is hereby withdrawn as counsel for Defendants Wengui Guo, also known as Miles Kwok, also known as Guo Wengui, also known as Ho Wan Kwok, Golden Spring (New York) Ltd. and Saraca Media Group Inc. So Ordered. Attorney Mark I. Bailen terminated. (Signed by Magistrate Judge Katharine H. Parker on 9/30/2021) (js)
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Filing 90
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Golden Spring (New York) Ltd., Wengui Guo, Saraca Media Group Inc...(Bailen, Mark)
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Filing 89
ORDER granting #88 Letter Motion for Conference re: #88 LETTER MOTION for Conference addressed to Judge John F. Keenan from Steven J. Reed, Esq. dated September 17, 2021. The Court hereby grants Defendants leave to file the contemplated motion to dismiss. Defendants shall file the motion to dismiss by no later than October 20, 2021 and shall serve the moving papers on all remaining Plaintiffs by that date. Plaintiffs will have until November 19, 2021 to file an opposition. Further, Defendants are directed to serve a copy of this endorsement on the remaining Plaintiffs. APPLICATION GRANTED (Signed by Magistrate Judge Katharine H. Parker on 9/20/2021) (tg) Modified on 9/21/2021 (tg).
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Set/Reset Deadlines: Motions due by 10/20/2021. Responses due by 11/19/2021 (tg)
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Filing 88
LETTER MOTION for Conference addressed to Judge John F. Keenan from Steven J. Reed, Esq. dated September 17, 2021. Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Reed, Steven)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Status Conference / Scheduling Conference held on 7/27/2021 - Pro-Se Plaintiff Baiqiao Tangfailed to appear for this proceeding.AT&T Conference Line. (ca)
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NOTICE TO COUNSEL: REMINDER of the Status Conference scheduled for Tuesday, July 27, 2021, at 10:00 a.m. Please dial (866) 434-5269; access code 4858267 re: #82 Order.(ca)
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Filing 87
CERTIFICATE OF SERVICE of Court's R&R [DE 86] served on Tang Baiqiao on June 16, 2021. Service was made by Mail. Document filed by Jing Geng..(Mercer, Justin)
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Filing 86
REPORT AND RECOMMENDATION re: #37 Amended Complaint,, filed by Baiqiao Tang, Jing Geng. For the reasons set forth above, I respectfully recommend that Plaintiff Tang's claims be dismissed for failure to prosecute pursuant to Rule 41(b). Lewis & Lin LLC shall promptly serve a copy of this Report & Recommendation on Plaintiff Tang and, by June 30, 2021, file an affidavit of service of same. Objections to R&R due by 6/29/2021 (Signed by Magistrate Judge Katharine H. Parker on 6/15/2021) (kv)
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Filing 85
ORDER. The Court having been informed of Plaintiff Geng's death orders a motion pursuant to FRCP 25 to be filed within 90 days of this Order. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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Filing 84
LETTER addressed to Magistrate Judge Katharine H. Parker from Steven J. Reed dated May 10, 2021 re: Defendants seeking dismissal due to plaintiff's failure to comply with two Court orders. Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Reed, Steven)
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Filing 83
CERTIFICATE OF SERVICE of Court Order re DE 82 served on Plaintiff Tang Baiqiao on April 19, 2021. Service was made by Mail. Document filed by Jing Geng..(Mercer, Justin)
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Filing 82
ORDER granting #81 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The telephonic Status Conference in this matter scheduled for Tuesday, April 20, 2021 at 12:45 p.m. is hereby rescheduled to Tuesday, July 27, 2021, at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. Plaintiffs are directed to serve a copy of this endorsement on the Pro se Plaintiff. Telephone Conference set for 7/27/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 4/19/2021) (mro)
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Filing 81
LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Katharine H. Parker from Justin Mercer, Esq. dated April 19, 2021. Document filed by Jing Geng..(Mercer, Justin)
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NOTICE TO COUNSEL: REMINDER of the telephonic Status Conference Tuesday, April 20, 2021 at 12:45 p.m. Please dial (866) 434-5269, Access code: 4858267 re: #78 Order.(ca)
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Filing 80
AFFIDAVIT OF SERVICE of Court Orders 75, 76 and 79 served on Plaintiff Tang Baiqiao on 3/1/21 and 4/12/21. Service was made by Mail. Document filed by Baiqiao Tang..(Mercer, Justin)
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Filing 79
ORDER: Accordingly, the Court hereby orders Lewis & Lin LLC to serve the aforementioned Orders on Plaintiff Tang by no later than April 19, 2021 and to file proof of service immediately thereafter with the Court. Given counsels' failure to file proof of service consistent with the Court's prior Orders, Plaintiff Tang will have until May 3, 2021 to inform the Court as to whether he intends to pursue this case and whether he has retained new counsel. Finally, the Court cautions Plaintiff's counsel that continued failure to comply with Court Orders may result in sanctions. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/9/2021) (jca)
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Filing 78
ORDER granting #77 Letter Motion to Adjourn Conference. APPLICATION GRANTED: The telephonic Status Conference in this matter that is scheduled for Tuesday, March 16, 2021 at 11:45 a.m. is hereby rescheduled to Tuesday, April 20, 2021 at 12:45 p.m. Counsel is directed to call Judge Parker's teleconference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Telephone Conference set for 4/20/2021 at 12:45 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2021) (mro)
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Filing 77
JOINT LETTER MOTION to Adjourn Conference Scheduled for March 16, 2021 and to Update the Court on the Status of Discovery addressed to Magistrate Judge Katharine H. Parker from Peter B. Shapiro dated March 11, 2021. Document filed by Golden Spring (New York) Ltd., Wengui Guo, Saraca Media Group Inc...(Shapiro, Peter)
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Filing 76
ORDER: This Court was informed by Plaintiffs' attorneys' letter dated February 23, 2021 (filed ex parte) that Plaintiff Baiqiao Tang has failed to participate in this action and has failed to respond to inquiries from his own counsel. By March 31, 2021 Plaintiff Tang shall file a letter with the Court indicating whether he will participate in this action, as is required, and whether he has retained new counsel or wants to proceed pro se. The Court notes that failure to comply with this order may result in Plaintiff Tang's dismissal from this action for failure to prosecute. Counsel for Plaintiff Geng, Lewis & Lin LLC, shall serve a copy of this Order on Plaintiff Tang and file a letter with this Court on ECF demonstrating proof of service to Plaintiffs' last known address and last known email address. (Signed by Magistrate Judge Katharine H. Parker on 3/1/2021) (mro)
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Filing 75
OPINION AND ORDER ON MOTION TO WITHDRAW AS COUNSEL: For the foregoing reasons, Plaintiffs' counsel's request to withdraw as counsel for Baiqiao Tang (ECF No. 73) is GRANTED. Plaintiff Tang will have 30 days from the date of this Order to retain new counsel, if he so chooses. Further, Lewis & Lin LLC is hereby directed to serve of copy of this Order on Plaintiff Tang by both email and letter mail as soon as is practicable. Lewis & Lin shall also file proof of service of the same on ECF. The Court notes that the case conference scheduled for March 16, 2021 will proceed as scheduled. Finally, the Court respectfully requests that the Clerk of Court terminate Lewis & Lin's representation of Plaintiff Tang only, consistent with this order. Attorney David Dong Ann Lin and Justin Harry Ryann Mercer terminated. (Signed by Magistrate Judge Katharine H. Parker on 3/1/2021) (mro)
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Filing 74
ORDER terminating #73 Letter Motion for Conference; terminating #73 Letter Motion for Leave to File Document. Pursuant to the letter motion above, Plaintiff's counsel shall submit an ex parte letter to the Court by February 23, 2021 to provide additional details concerning the reasons for counsel's motion to withdraw. Given the potentially privileged nature of this information, counsel must submit the letter to the Court's email address at Parker_NYSDChambers@nysd.uscourts.gov for in camera review. If Defendants have any objection to this motion, Defendants must submit their opposition by no later than February 23, 2021. (Signed by Magistrate Judge Katharine H. Parker on 2/9/2021) (mro)
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Set/Reset Deadlines: Responses due by 2/23/2021 (mro)
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Filing 73
LETTER MOTION for Conference seeking leave to withdraw as counsel addressed to Magistrate Judge Katharine H. Parker from Justin Mercer, Esq. dated Feb. 8, 2021., LETTER MOTION for Leave to File ex parte motion to withdraw as counsel for Mr. Tang addressed to Magistrate Judge Katharine H. Parker from Justin Mercer, Esq. dated Feb. 8, 2021. Document filed by Baiqiao Tang..(Mercer, Justin)
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Filing 72
MEMO ENDORSEMENT: on re: #71 Letter filed by Rule of Law Society IV Inc., Rule of Law Foundation III Inc. ENDORSEMENT: The court thanks the parties for the update. A telephonic Status Conference in this matter is hereby scheduled for Tuesday, March 16, 2021 at 11:45 a.m. Counsel is directed to call Judge Parker's teleconference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED., ( Status Conference set for 3/16/2021 at 11:45 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/07/2021) (ama)
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Filing 71
JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Steven J. Reed dated February 5, 2021 re: Joint Status of Discovery. Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Reed, Steven)
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Filing 70
SCHEDULING ORDER: Amended Pleadings due by 3/8/2021. Joinder of Parties due by 3/8/2021. Fact Discovery due by 10/15/2021. No more than 5 depositions per party group (i.e., plaintiffs, the Golden Spring Defendants/Goa and the Rule of Law Defendants). Initial Interrogatories and Document requests to be served by no later than 2/5/2021. RTA to be served by 9/15/2021. Interim deadlines may be moved on agreement of the parties without leave of court. Expert Discovery due by 12/15/2021. Joint Status Report due by 2/5/2021. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephonic Initial Pretrial Conference held on 1/5/2021. AT&T Conference Line. (ca)
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NOTICE TO COUNSEL: REMINDER of the Initial Case Management Conference scheduled for January 5, 2021 at 12:00 p.m. Counsel are directed to call the Court's conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267 re: #64 Stipulation and Order.(ca)
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Filing 69
PROPOSED CASE MANAGEMENT PLAN. Document filed by Jing Geng..(Mercer, Justin)
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Filing 68
ANSWER to #37 Amended Complaint,,. Document filed by Saraca Media Group Inc...(Bailen, Mark)
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Filing 67
ANSWER to #37 Amended Complaint,,. Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Reed, Steven)
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Filing 66
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED by and among defendant Saraca Media Group, Inc., the law firm of Hodgson Russ LLP, and the law firm of Baker & Hostetler LLP that Baker & Hostetler LLP be, and hereby is, substituted as counsel of record for defendant Saraca Media Group, Inc. in place and stead of Hodgson Russ LLP. Attorney Peter Barrett Shapiro for Saraca Media Group Inc. added. Attorney Erin Nicole Teske terminated. (Signed by Magistrate Judge Katharine H. Parker on 11/17/2020) (mro)
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Filing 65
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Saraca Media Group Inc...(Shapiro, Peter)
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Filing 64
STIPULATION AND ORDER EXTENDING TIME: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiffs Baiqiao Tang a/k/a Tang Baiqiao and Jing Geng ("Plaintiffs"), by and through their counsel, Lewis & Lin, LLC, defendants Rule of Law Foundation III Inc. ("ROL III") and Rule of Law Society IV Inc. ("ROL IV"), by and through their counsel, Norris McLaughlin, P.A., and defendants Wengui Guo a/k/a Miles Kwok a/k/a Guo Wengui a/k/a Ho Wan Kwok, Golden Spring (New York) Ltd., and Saraca Media Group, Inc. ("Saraca") (each a "Party" and, collectively, the "Parties"), by and through their counsel, Baker & Hostetler LLP, in the above-captioned matter that: 1. The time for defendants ROL III, ROL IV, and Saraca to serve an answer with respect to Plaintiffs' Second Amended Complaint shall be extended to December 4, 2020. 2. The Parties shall hold a Rule 26(f) conference on or before December 11, 2020. 3. The Parties shall file a joint proposed case-management order on or before December 15, 2020. 4. The Initial Conference currently scheduled for December 9, 2020 shall be adjourned to a time convenient for the Court on or after December 16, 2020. Further, the Initial Case Management Conference in this case will now take place on January 5, 2021 at 12:00 p.m. Counsel for the parties are directed to call the Court's conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. (Signed by Magistrate Judge Katharine H. Parker on 11/17/2020) (mro)
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Set/Reset Hearings: Initial Conference set for 1/5/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker. (mro)
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Filing 63
PROPOSED STIPULATION AND ORDER. Document filed by Golden Spring (New York) Ltd., Wengui Guo, Saraca Media Group Inc...(Shapiro, Peter)
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Filing 62
NOTICE OF APPEARANCE by Peter Barrett Shapiro on behalf of Golden Spring (New York) Ltd., Wengui Guo, Saraca Media Group Inc...(Shapiro, Peter)
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Filing 61
NOTICE OF APPEARANCE by Mark I. Bailen on behalf of Golden Spring (New York) Ltd., Wengui Guo, Saraca Media Group Inc...(Bailen, Mark)
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Filing 60
INITIAL CASE MANAGEMENT TELEPHONE CONFERENCE ORDER: Initial Conference set for 12/9/2020 at 12:45 PM before Magistrate Judge Katharine H. Parker. Counsel is directed to call the court's telephone conference line at the scheduled time. Please dial (866) 434-5269, Access Code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 11/2/2020) (mro)
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Filing 59
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge John F. Keenan on 11/2/2020) (cf)
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Filing 58
OPINION AND ORDER re: #56 MOTION to Dismiss . filed by Saraca Media Group Inc. For the reasons set forth above, Defendants Saraca Media Group Inc., Rule of Law Foundation III Inc., and Rule of Law Society IV Inc.'s motions to dismiss the Second Amended Complaint are DENIED. It is FURTHER ORDERED that the parties are to proceed to discovery under the supervision of Magistrate Judge Parker and to confer and file a joint-proposed case management order by no later than November 24, 2020, which is to contain an agreed upon cutoff date for discovery. If no agreed upon cutoff date is fixed, the Court will impose one. The Clerk of Court is directed to terminate the motions at ECF Nos. 51 and 56. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 11/2/2020) (cf)
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Filing 57
MEMORANDUM OF LAW in Support re: #56 MOTION to Dismiss . . Document filed by Saraca Media Group Inc...(Teske, Erin)
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Filing 56
MOTION to Dismiss . Document filed by Saraca Media Group Inc.. Responses due by 2/21/2020.(Teske, Erin)
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Filing 55
MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss . . Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc.. (Attachments: #1 Exhibit A to Memorandum of Law, #2 Exhibit B to Memorandum of Law, #3 Exhibit C to Memorandum of Law, #4 Exhibit D to Memorandum of Law, #5 Exhibit E to Memorandum of Law, #6 Exhibit F to Memorandum of Law).(Reed, Steven)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Steven J. Reed to RE-FILE Document #51 MOTION to Dismiss . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Erin Nicole Teske to RE-FILE Document #48 FIRST MOTION to Dismiss by Saraca Media Group, Inc.. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Memorandum of Law in Support of Motion is found under the event list Replies, Opposition and Supporting Documents. (ldi)
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Filing 54
NOTICE OF CHANGE OF ADDRESS by Steven J. Reed on behalf of Rule of Law Foundation III Inc., Rule of Law Society IV Inc.. New Address: Norris McLaughlin, PA, 7 Times Square, New York, New York, USA 10036, (212) 808-0700..(Reed, Steven)
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Filing 53
REPLY MEMORANDUM OF LAW in Support re: #51 MOTION to Dismiss . (In Further Support). Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc...(Reed, Steven)
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Filing 52
MEMORANDUM OF LAW in Opposition re: #51 MOTION to Dismiss . . Document filed by Jing Geng, Baiqiao Tang..(Mercer, Justin)
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Filing 51
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Rule of Law Foundation III Inc., Rule of Law Society IV Inc.. (Attachments: #1 Memorandum of Law, #2 Exhibit A to Memorandum of Law, #3 Exhibit B to Memorandum of Law, #4 Exhibit C to Memorandum of Law, #5 Exhibit D to Memorandum of Law, #6 Exhibit E to Memorandum of Law, #7 Exhibit F to Memorandum of Law).(Reed, Steven) Modified on 4/3/2020 (ldi).
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Filing 50
REPLY MEMORANDUM OF LAW in Support re: #48 FIRST MOTION to Dismiss by Saraca Media Group, Inc.. . Document filed by Saraca Media Group Inc...(Teske, Erin)
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Filing 49
MEMORANDUM OF LAW in Opposition re: #48 FIRST MOTION to Dismiss by Saraca Media Group, Inc.. . Document filed by Jing Geng, Baiqiao Tang..(Mercer, Justin)
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Filing 48
FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Dismiss by Saraca Media Group, Inc.. Document filed by Saraca Media Group Inc.. Responses due by 2/21/2020 (Attachments: #1 Memorandum of Law, #2 Proposed Order).(Teske, Erin) Modified on 4/3/2020 (ldi).
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Minute Entry for proceedings held before Judge John F. Keenan: Status Conference held on 1/21/2020. (wr)
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Filing 47
NOTICE OF APPEARANCE by Steven J. Reed on behalf of Rule of Law Foundation III Inc., Rule of Law Society IV Inc.. (Reed, Steven)
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Filing 46
NOTICE OF APPEARANCE by Sarah Bouskila on behalf of Rule of Law Foundation III Inc., Rule of Law Society IV Inc.. (Bouskila, Sarah)
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Filing 45
ORDER: A pretrial conference is set for January 21, 2020 at 11 a.m. in Courtroom 20-C The purpose of the conference is to discuss the status of this case. (Pretrial Conference set for 1/21/2020 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 12/18/2019) (cf)
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Minute Entry for proceedings held before Judge John F. Keenan: Status Conference held on 12/17/2019. (wr)
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Filing 44
STIPULATION AND ACKNOWLEDGEMENT OF SERVICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned counsel for Plaintiffs Baiqiao Tang a/k/a Tang Baiqiao ("Mr. Tang") and Jing Geng ("Jing," and collectively with Mr. Tang, "Plaintiffs") and Rule of Law Foundation III Inc. ("ROL Foundation"), and Rule of Law Society IV Inc. ("ROL Society" and with ROL Foundation, the "ROL Defendants"), that the undersigned Counsel for ROL Defendants accepts service of process on behalf of the ROL Defendants in lieu of actual service. IT IS FURTHER STIPULATED AND AGREED that the ROL Defendants' time to answer or otherwise respond to the Complaint is hereby extended to and includes January 17, 2020. Rule of Law Foundation III Inc. answer due 1/17/2020; Rule of Law Society IV Inc. answer due 1/17/2020. (Signed by Judge John F. Keenan on 12/12/2019) (cf)
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Filing 43
ORDER: The conference in this case, set for Tuesday, December 17, 2019, is rescheduled from 11:00 a.m. to 11:30 a.m. in Courtroom 20-C. (Status Conference set for 12/17/2019 at 11:30 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 12/12/2019) (cf)
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Filing 42
ACKNOWLEDGMENT OF SERVICE Summons and Amended Complaint,, served. Rule of Law Foundation III Inc. served on 12/9/2019, answer due 12/30/2019; Rule of Law Society IV Inc. served on 12/9/2019, answer due 12/30/2019. Service was accepted by Steven J. Reed, Esq., Counsel of Record. Document filed by Jing Geng; Baiqiao Tang. (Mercer, Justin)
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Filing 41
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Golden Spring (New York) Ltd..(Mitchell, Aaron)
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Filing 40
LETTER addressed to Judge John F. Keenan from Aaron A. Mitchell dated December 5, 2019 re: Seeking clarification regarding unserved defendants. Document filed by Golden Spring (New York) Ltd., Wengui Guo.(Mitchell, Aaron)
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Filing 39
ANSWER to #37 Amended Complaint,,. Document filed by Golden Spring (New York) Ltd., Wengui Guo.(Mitchell, Aaron)
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Filing 38
ORDER: Accordingly, it is hereby ORDERED that the above-captioned case is RE-OPENED. It is FURTHER ORDERED that a status conference will be held on December 17, 2019 at 11 a.m. during which the Court will establish a case management plan for this action. (As further set forth in this Order.) (Status Conference set for 12/17/2019 at 11:00 AM before Judge John F. Keenan.) (Signed by Judge John F. Keenan on 11/25/2019) (cf)
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Filing 37
SECOND AMENDED COMPLAINT amending #17 Amended Complaint, against Golden Spring (New York) Ltd., Wengui Guo, Rule of Law Foundation III Inc., Rule of Law Society IV Inc., Saraca Media Group Inc..Document filed by Baiqiao Tang, Jing Geng. Related document: #17 Amended Complaint,. (Attachments: #1 Exhibit A September 10th Video, #2 Exhibit B October 10th Tweet, #3 Exhibit C October 12th Tweet, #4 Exhibit D October 11th Video, #5 Exhibit E October 23rd Video, #6 Exhibit F - March 6th Screenshot, #7 Order granting leave to amend)(Mercer, Justin)
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Filing 36
OPINION AND ORDER re: #30 MOTION for Leave to File second amended complaint pursuant to Fed. R. Civ. P. 15(a)(2) filed by Baiqiao Tang, Jing Geng. For the reasons stated above, Plaintiffs' motion to amend is GRANTED in part and DENIED in part. Plaintiffs may file a second amended complaint with their Lanham Act, unfair competition, defamation, and harassment claims. The Court notes that Plaintiffs initiated this action more than two years ago. However, should Plaintiffs wish to prolong the pleading stage of this litigation - rather than move forward to discoveryand amend their remaining claims, Plaintiffs must demonstrate (1) how they will cure the deficiencies in the claims and (2) that justice requires granting leave to file a third amended complaint. Such demonstration shall be filed within 30 days of the date of this Opinion. It is FURTHER ORDERED that if Plaintiffs do not elect to amend their remaining claims, Defendants shall serve their answer to the SAC no later than 15 days from the date the SAC is filed. (As further set forth in this Order.) (Signed by Judge John F. Keenan on 11/20/2019) (cf)
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Filing 35
NOTICE OF CHANGE OF ADDRESS by Aaron Aubrey Mitchell on behalf of Wengui Guo. New Address: Lawall & Mitchell, LLC, 162 East 64th Street, New York, New York, United States 10065, (917) 232-9851. (Mitchell, Aaron)
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Filing 34
DECLARATION of David D. Lin in Support re: #30 MOTION for Leave to File second amended complaint pursuant to Fed. R. Civ. P. 15(a)(2).. Document filed by Jing Geng, Baiqiao Tang. (Mercer, Justin)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #30 MOTION for Leave to File second amended complaint pursuant to Fed. R. Civ. P. 15(a)(2). . Document filed by Jing Geng, Baiqiao Tang. (Mercer, Justin)
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Filing 32
MEMORANDUM OF LAW in Opposition re: #30 MOTION for Leave to File second amended complaint pursuant to Fed. R. Civ. P. 15(a)(2). . Document filed by Golden Spring (New York) Ltd., Wengui Guo. (Attachments: #1 Affidavit Certification of Aaron A. Mitchell, Esquire, #2 Exhibit Exhibit A - Def's Exhibit A - Pl's State Court Filing)(Mitchell, Aaron)
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Filing 31
MEMORANDUM OF LAW in Support re: #30 MOTION for Leave to File second amended complaint pursuant to Fed. R. Civ. P. 15(a)(2). . Document filed by Jing Geng, Baiqiao Tang. (Lin, David)
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Filing 30
MOTION for Leave to File second amended complaint pursuant to Fed. R. Civ. P. 15(a)(2). Document filed by Jing Geng, Baiqiao Tang. (Attachments: #1 Exhibit A - Proposed Second Amended Complaint, #2 Exhibit Exhibit A to SAC, #3 Exhibit Exhibit B to SAC, #4 Exhibit Exhibit C to SAC, #5 Exhibit Exhibit D to SAC, #6 Exhibit Exhibit E to SAC, #7 Exhibit Exhibit F to SAC)(Lin, David)
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Filing 29
CLERK'S JUDGMENT re: #28 Memorandum & Opinion in favor of Golden Spring (New York) Ltd., Wengui Guo against Baiqiao Tang, Jing Geng. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated March 14, 2019, Defendants' motion to dismiss the complaint is GRANTED without prejudice; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 3/14/2019) (Attachments: #1 Right to Appeal)(km)
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Filing 28
OPINION & ORDER: For the reasons stated above, Defendants' motion to dismiss the complaint is GRANTED without prejudice. The Clerk of Court is respectfully directed to close the motion docketed at ECF No. 23 and terminate this case. (Signed by Judge John F. Keenan on 3/13/2019) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing 27
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (pne)
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Filing 26
MEMORANDUM OF LAW in Opposition re: #23 MOTION to Dismiss Amended Complaint. . Document filed by Jing Geng, Baiqiao Tang. (Mercer, Justin)
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Filing 25
REPLY MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Amended Complaint. . Document filed by Golden Spring (New York) Ltd., Wengui Guo. (Mitchell, Aaron)
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Filing 24
MEMORANDUM OF LAW in Support re: #23 MOTION to Dismiss Amended Complaint. . Document filed by Golden Spring (New York) Ltd., Wengui Guo. (Attachments: #1 Exhibit Exhibit A - Zeng v. Tang, #2 Text of Proposed Order Proposed Order)(Mitchell, Aaron)
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Filing 23
MOTION to Dismiss Amended Complaint. Document filed by Golden Spring (New York) Ltd., Wengui Guo.(Mitchell, Aaron)
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Filing 22
MEMO ENDORSEMENT on #21 LETTER denying as moot #11 Motion to Dismiss; granting #21 Letter Motion for Extension of Time to File Response/Reply. ENDORSEMENT: Both parties consenting, the application is granted. The parties shall follow the schedule set forth here. The Clerk of the Court is respectfully directed to terminate the motion docketed at ECF No. 11, which is now moot. SO ORDERED. (Signed by Judge John F. Keenan on 2/16/2018) (anc)
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Set/Reset Deadlines: Motions due by 3/9/2018. Responses due by 4/6/2018. Replies due by 4/16/2018. (anc)
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Filing 21
LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge John F. Keenan from Aaron A. Mitchell, Esquire dated February 14, 2018. Document filed by Wengui Guo.(Mitchell, Aaron)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Golden Spring (New York) Ltd.. (sj)
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Filing 19
REQUEST FOR ISSUANCE OF SUMMONS as to Golden Spring (New York) Ltd., re: #17 Amended Complaint,. Document filed by Jing Geng, Baiqiao Tang. (Lin, David)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Dong Ann Lin to RE-FILE Document No. #18 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Attorney address field is blank. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 18
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Golden Spring (New York) Ltd., re: #17 Amended Complaint,. Document filed by Jing Geng, Baiqiao Tang. (Lin, David) Modified on 2/12/2018 (pc).
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Filing 17
FIRST AMENDED COMPLAINT amending #1 Complaint, against Golden Spring (New York) Ltd., Wengui Guo.Document filed by Baiqiao Tang, Jing Geng. Related document: #1 Complaint,. (Attachments: #1 Exhibit A September 10th Video, #2 Exhibit B October 10th Tweet, #3 Exhibit C October 12th Tweet, #4 Exhibit D October 11th Video, #5 Exhibit E October 23rd Video)(Lin, David)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David Dong Ann Lin to RE-FILE re: Document No. #16 Amended Complaint,. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; One of the parties selected contains a new alias that was not listed to CM ECF. Add Wengui Guo to CM ECF with all the alias listed on the amended complaint caption title. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc)
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Filing 16
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR -FIRST AMENDED COMPLAINT amending #1 Complaint, against Wengui Guo, Golden Spring (New York) Ltd..Document filed by Baiqiao Tang, Jing Geng. Related document: #1 Complaint,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Lin, David) Modified on 2/9/2018 (pc).
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Filing 15
NOTICE of Intent to file Amended Complaint in lieu of Opposing Motion to Dismiss re: #11 MOTION to Dismiss .. Document filed by Democracy Academy of China, Jing Geng, Baiqiao Tang. (Lin, David)
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Filing 14
ORDER: In light of the pending motion to dismiss, the conference previously set for February 7, 2018 is cancelled. (Signed by Judge John F. Keenan on 1/23/2018) (mro)
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Filing 13
MEMORANDUM OF LAW in Support re: #11 MOTION to Dismiss . . Document filed by Wengui Guo. (Mitchell, Aaron)
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Filing 12
DECLARATION of Aaron A. Mitchell in Support re: #11 MOTION to Dismiss .. Document filed by Wengui Guo. (Attachments: #1 Exhibit A- Complaint Zeng v. Tang, #2 Text of Proposed Order)(Mitchell, Aaron)
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Filing 11
MOTION to Dismiss . Document filed by Wengui Guo.(Mitchell, Aaron)
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Filing 10
ORDER: granting #9 Letter Motion for Extension of Time to File Response/Reply. ( extending Defendant Guo Wengui's time to answer, move or otherwise respond to the Complaint up to and including January 18, 2018.) SO ORDERED. (Signed by Judge John F. Keenan on 12/19/2017) (ama)
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Set/Reset Deadlines: Wengui Guo answer due 1/18/2018. (ama)
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Filing 9
FIRST LETTER MOTION for Extension of Time to File Response/Reply as to #1 Complaint, on or before January 18, 2018 addressed to Judge John F. Keenan from Aaron A Mitchell dated December 18, 2017. Document filed by Wengui Guo.(Mitchell, Aaron)
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Filing 8
AFFIDAVIT OF SERVICE of Summons and Complaint,. Wengui Guo served on 11/27/2017, answer due 12/18/2017. Service was accepted by Edwin Acosta - Security. Document filed by Baiqiao Tang; Democracy Academy of China; Jing Geng. (Lin, David)
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Filing 7
NOTICE OF A PRETRIAL CONFERENCE: Initial Conference set for 2/7/2018 at 11:00 AM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge John F. Keenan; and as further set forth in this Order. SO ORDERED. (Signed by Judge John F. Keenan on 11/20/2017) (anc)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Wengui Guo. (pc)
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Case Designated ECF. (pc)
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Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John F. Keenan. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Dong Ann Lin. The following case opening statistical information was erroneously selected/entered: Cause of Action code blank; Dollar Demand $5,000,000; County code XX Out of State. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 15:1051; the Dollar Demand has been modified to $5,000; the County code has been modified to Kings. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Dong Ann Lin. The party information for the following party/parties has been modified: Wengui Guo. The information for the party/parties has been modified for the following reason/reasons: alias party name was incorrectly added. (pc)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Democracy Academy of China.(Lin, David)
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Filing 4
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review.(Lin, David)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Wengui Guo, re: #1 Complaint,. Document filed by Democracy Academy of China, Jing Geng, Baiqiao Tang. (Lin, David)
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Filing 2
CIVIL COVER SHEET filed. (Lin, David)
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Filing 1
COMPLAINT against Wengui Guo. (Filing Fee $ 400.00, Receipt Number 0208-14381889)Document filed by Baiqiao Tang, Democracy Academy of China, Jing Geng. (Attachments: #1 Exhibit A September 10th Video, #2 Exhibit B October 10th Tweet, #3 Exhibit C October 12th Tweet, #4 Exhibit D October 11th Video, #5 Exhibit E October 23rd Video)(Lin, David)
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