Fluent, LLC v. Zoobuh Inc. et al
| Fluent, LLC |
| XMission LLC and ZooBuh, Inc. |
| 1:2018cv01290 |
| February 13, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Andrew L Carter |
| Other Statutory Actions |
| 28 U.S.C. § 2201 dj |
| None |
Docket Report
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| Filing 40 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) XMission LLC. Document filed by Fluent, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Asnen, Neil) |
Filing 39
ORDER: The Court is in receipt of the parties' joint status report (ECF No. 38). The parties shall file a joint status report by December 3, 2018 or the date that the Honorable Judge Robert J. Shelby issues a decision on the motion to dismiss in the Utah action, whichever is sooner. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 8/31/2018) (anc)
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| Filing 38 STATUS REPORT. Document filed by Fluent, LLC.(Asnen, Neil) |
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Filing 37
ORDER granting #35 Letter Motion to Adjourn Conference; granting #36 Letter Motion to Stay. The Court is in receipt of the parties' letter motions requesting that this Court adjourn the pre-motion conference scheduled for today and stay this matter while a related motion is decided in the District of Utah. ECF Nos. 35, 36. The motions are GRANTED. The conference scheduled for today is hereby ADJOURNED sine die and this case is stayed pending the District of Utah's resolution of Fluent's motion to dismiss the Utah action based on personal jurisdiction. The parties shall submit a joint status report on August 22, 2018 advising the Court as to the status of the Utah action. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/22/2018) (rj)
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| Filing 36 JOINT LETTER MOTION to Stay addressed to Judge Andrew L. Carter, Jr. from Leeor Neta and Jordan Cameron dated May 21, 2018. Document filed by Fluent, LLC.(Neta, Leeor) |
| Filing 35 LETTER MOTION to Adjourn Conference addressed to Judge Andrew L. Carter, Jr. from Leeor Neta and Jordan Cameron dated May 21, 2018. Document filed by Fluent, LLC.(Neta, Leeor) |
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Filing 34
ORDER: granting #32 Letter Motion for Conference. The Court is in receipt of the parties' letter motions regarding a briefing schedule for Defendant's anticipated motion to dismiss (ECF Nos. 27-31), Plaintiff's request for a pre-motion conference regarding its anticipated motion to stay (ECF No. 32), and Defendant's opposition (ECF No. 33). The Court will hold a pre-motion conference in this matter on May 22, 2018 at 12:45 p.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. Pre-Motion Conference set for 5/22/2018 at 12:45 PM in Courtroom 1306, 40 Centre Street, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 5/14/2018) (ap) Modified on 5/16/2018 (ap).
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| Filing 33 LETTER RESPONSE in Opposition to Motion addressed to Judge Andrew L. Carter, Jr. from Richard M. Garbarini dated May 11, 2018 re: #32 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Leeor Neta dated 05/10/2018. . Document filed by XMission LLC. (Garbarini, Richard) |
| Filing 32 LETTER MOTION for Conference addressed to Judge Andrew L. Carter, Jr. from Leeor Neta dated 05/10/2018. Document filed by Fluent, LLC.(Neta, Leeor) |
| Filing 31 LETTER addressed to Judge Andrew L. Carter, Jr. from Richard M. Garbarini dated 05/10/2018 re: Adopt Briefing Schedule. Document filed by XMission LLC.(Garbarini, Richard) |
| Filing 30 LETTER addressed to Judge Andrew L. Carter, Jr. from Leeor Neta dated 05/09/2018 re: Reply to Xmissions 05/09/2018 Letter. Document filed by Fluent, LLC.(Neta, Leeor) |
| Filing 29 LETTER addressed to Judge Andrew L. Carter, Jr. from Richard M. Garbarini dated 05/09/2018 re: Repy to Plaintiff's Status Report. Document filed by XMission LLC. (Attachments: #1 Exhibit Utah Action Dkt. No. 31)(Garbarini, Richard) |
| Filing 28 STATUS REPORT. Request to Adopt Proposed Scheduling Order by Fluent only Document filed by Fluent, LLC.(Neta, Leeor) |
| Filing 27 STATUS REPORT. Request to Adopt Proposed Scheduling Order by XMission only Document filed by XMission LLC.(Garbarini, Richard) |
| Minute Entry for proceedings held before Magistrate Judge Henry B. Pitman: Settlement Conference held on 5/7/2018. (ajc) |
| Filing 26 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/10/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 25 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/10/2018 before Judge Andrew L. Carter, Jr.. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/22/2018. Redacted Transcript Deadline set for 6/1/2018. Release of Transcript Restriction set for 7/30/2018.(McGuirk, Kelly) |
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Filing 24
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Henry B. Pitman. (Signed by Judge Andrew L. Carter, Jr on 4/19/2018) (rj)
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| Minute Order Proceedings held before Judge Andrew L. Carter, Jr: Pre-Motion Conference held on 4/10/2018. Neil Asnen for Plaintiff(s). Richard M. Garini for Defendant(s). (Court Reporter: Steve Griffing). See Docket No. 23. (tdh) |
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Filing 23
ORDER: As discussed during the pre-motion conference in this matter on April 10, 2018, the parties shall submit a joint status report by May 9, 2018. If Defendant wishes to pursue its motion to dismiss, the parties shall submit a proposed briefing schedule at that time. (Signed by Judge Andrew L. Carter, Jr on 4/10/2018) (mro)
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Filing 22
ORDER: The Court will hold a pre-motion conference in this matter on April 10, 2018 at 10:00 a.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. SO ORDERED. Pre-Motion Conference set for 4/10/2018 at 10:00 AM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 4/2/2018) (rj)
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Filing 21
MEMO ENDORSED ORDER granting #19 Motion to Withdraw as Attorney. The application is granted. Attorney John David Du Wors terminated. (Signed by Judge Andrew L. Carter, Jr on 3/29/2018) (rj)
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Filing 20
NOTICE OF DISMISSAL OF DEFENDANT ZOOBUH, INC. WITHOUT PREJUDICE: PLEASE TAKE NOTICE that Plaintiff Fluent, LLC ("Plaintiff") hereby voluntarily dismisses Defendant Zoobuh, Inc. without prejudice pursuant to Fed. R. Civ. P. 41(a)(1). SO ORDERED. ZooBuh, Inc. (a Utah Corporation ) terminated. (Signed by Judge Andrew L. Carter, Jr on 3/26/2018) (rj)
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| Filing 19 MOTION for John Du Wors to Withdraw as Attorney . Document filed by Fluent, LLC.(Neta, Leeor) |
| Filing 18 LETTER MOTION for Leave to File Motion to Dismiss addressed to Judge Andrew L. Carter, Jr. from Leeor Neta dated 3/22/2018. Document filed by Fluent, LLC.(Du Wors, John) |
| Filing 17 NOTICE OF APPEARANCE by John David Du Wors on behalf of Fluent, LLC. (Du Wors, John) |
| Filing 16 LETTER MOTION for Conference re: #1 Complaint Request for a Pre-Motion Conference) addressed to Judge Andrew L. Carter, Jr. from Eichard M. Garbarini dated 03/19/2018. Document filed by XMission LLC. Return Date set for 3/22/2018 at 12:00 AM.(Garbarini, Richard) |
| Filing 15 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by XMission LLC.(Garbarini, Richard) |
| Filing 14 NOTICE OF APPEARANCE by Richard M Garbarini on behalf of XMission LLC. (Garbarini, Richard) |
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Filing 13
ORDER ON MOTION FOR ADMISSION PRO HAC VICE OF LEEOR NETA: granting #8 Motion for Leeor Neta to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 3/19/2018) (ap)
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Filing 12
ORDER FOR ADMISSION PRO HAC VICE: granting #11 Motion for Jordan K. Cameron to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 3/19/2018) (ap)
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| Filing 11 MOTION for Jordan K. Cameron to Appear Pro Hac Vice Filing Fee $200 paid, receipt number 0208-14817961. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by XMission LLC, ZooBuh, Inc.. (Attachments: #1 Affidavit of Jordan K. Cameron, #2 Exhibit A - Certificate of Good Standin, #3 Exhibit B - List of Jurisdictions, #4 Text of Proposed Order for Admission Pro Hac Vice)(Cameron, Jordan) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Jordan K. Cameron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14817961. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Utah Supreme Court (our court does not accept state bar certificates). Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Jordan K. Cameron to Appear Pro Hac Vice Filing Fee $200 paid, receipt number 0208-14817961. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jordan K. Cameron to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14817961. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by XMission LLC, ZooBuh, Inc.. (Attachments: #1 Affidavit of Jordan K. Cameron, #2 Exhibit A - Certificate of Good Standin, #3 Exhibit B - List of Jurisdictions, #4 Text of Proposed Order Re Admission Pro Hac Vice)(Cameron, Jordan) Modified on 3/16/2018 (jc). |
| Filing 9 AFFIDAVIT OF SERVICE of Summons and Complaint. XMission LLC served on 3/2/2018, answer due 3/23/2018. Service was accepted by Mandi Garcia, Authorized to Accept. Document filed by Fluent, LLC. (Neta, Leeor) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Leeor Neta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14761322. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 8 MOTION for Leeor Neta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14761322. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Fluent, LLC. (Attachments: #1 Affidavit of Leeor Neta, #2 Exhibit A, #3 Exhibit B, #4 Text of Proposed Order)(Neta, Leeor) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to XMission LLC. (vf) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to ZooBuh, Inc. (vf) |
| Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Cogint, Inc. for Fluent, LLC. Document filed by Fluent, LLC.(Asnen, Neil) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to XMission LLC, re: #1 Complaint. Document filed by Fluent, LLC. (Asnen, Neil) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to ZooBuh, Inc., re: #1 Complaint. Document filed by Fluent, LLC. (Asnen, Neil) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Neil E. Asnen. The party information for the following party/parties has been modified: ZooBuh, Inc., XMission LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted. (vf) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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. (vf) |
| Magistrate Judge Henry B. Pitman 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. (vf) |
| Case Designated ECF. (vf) |
| Filing 2 CIVIL COVER SHEET filed. (Asnen, Neil) |
| Filing 1 COMPLAINT against XMission LLC, ZooBuh, Inc.. (Filing Fee $ 400.00, Receipt Number 0208-14697418)Document filed by Fluent, LLC.(Asnen, Neil) |
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