Airbnb, Inc. v. The City of New York
Plaintiff: Airbnb, Inc.
Defendant: The City Of New York,
Amicus Curiae: Apartment Investment and Management Company ("AIMCO"), OfferUp Inc., Linden Research, Inc., TECH: NYC, Electronic Frontier Foundation, Community Development Project at Urban Justice Center and Postmates Inc.
Alternative Dispute Resolution (Adr) Provider: NetChoice
Case Number: 1:2018cv07712
Filed: August 24, 2018
Court: US District Court for the Southern District of New York
Presiding Judge: Paul A Engelmayer
Nature of Suit: Civil Rights: Other
Cause of Action: 18 U.S.C. § 2707 Civil Action: Stored Communications
Jury Demanded By: None
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This docket was last retrieved on April 26, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 26, 2022 Opinion or Order Filing 163 SEALED MATERIALS DISPOSED: Document(s) 143 were destroyed since the filing party did not retrieve the material(s) within 30 days of the date indicated. The sealed record(s) were destroyed on 04/26/2022..(jus)
March 17, 2022 Opinion or Order Filing 162 NOTICE TO ATTORNEY TO RETRIEVE SEALED MATERIAL: Notice to the attorney of record for the filing party to retrieve sealed document number 143 within thirty (30) days, or the Court will dispose of them. Sealed Records Retrieval due by 4/18/2022. .(jus)
July 14, 2020 Opinion or Order Filing 161 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The City Of New York, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Airbnb, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kaplan, Roberta)
July 14, 2020 Opinion or Order Filing 160 FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) The City Of New York, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Airbnb, Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Kaplan, Roberta) Modified on 7/14/2020 (km).
July 14, 2020 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Roberta Kaplan. RE-FILE Document No. #160 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation needs to have handwritten signatures of the attorneys. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km)
June 12, 2020 Opinion or Order Filing 159 LETTER addressed to Judge Paul A. Engelmayer from Kristin A. Linsley dated June 12, 2020 re: status of the action. Document filed by HomeAway.com, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE.(Linsley, Kristin)
June 12, 2020 Opinion or Order Filing 158 ORDER granting (157) Letter Motion to Stay in case 1:18-cv-07712-PAE. Granted. The above-captioned actions are stayed for 125 days or until the parties file a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), whichever is earlier. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/12/2020) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jca)
June 12, 2020 Opinion or Order Filing 157 JOINT LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer dated June 12, 2020. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit - Settlement and Release Agreement Between the City of New York and Airbnb, Inc.)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE.(Kaplan, Roberta)
May 13, 2020 Opinion or Order Filing 156 ORDER granting (155) Letter Motion to Stay in case 1:18-cv-07712-PAE; granting (124) Letter Motion to Stay in case 1:18-cv-07742-PAE: The Court grants this motion, wishes counsel well, and encourages counsel to use the next 30 days to complete the settlement process. (Signed by Judge Paul A. Engelmayer on 5/13/2020) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
May 13, 2020 Opinion or Order Filing 155 JOINT LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer dated May 13, 2020. Document filed by Airbnb, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE.(Kaplan, Roberta)
April 14, 2020 Opinion or Order Filing 154 ORDER granting (153) Letter Motion to Stay in case 1:18-cv-07712-PAE; granting (122) Letter Motion to Stay in case 1:18-cv-07742-PAE: Granted. (Signed by Judge Paul A. Engelmayer on 4/14/2020) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
April 13, 2020 Opinion or Order Filing 153 JOINT LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from Karen B. Selvin (City of New York), Roberta A. Kaplan (Airbnb, Inc.), and Kristin A. Linsley (HomeAway.com, Inc.) dated April 13, 2020. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE.(Ugalde Alvarez, Carlos)
March 16, 2020 Opinion or Order Filing 152 ORDER granting (151) Letter Motion to Stay in case 1:18-cv-07712-PAE; granting (120) Letter Motion to Stay in case 1:18-cv-07742-PAE: Granted. (Signed by Judge Paul A. Engelmayer on 3/16/2020) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
March 16, 2020 Opinion or Order Terminate Transcript Deadlines (jwh)
March 13, 2020 Opinion or Order Filing 151 JOINT LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from Karen B. Selvin (City of New York), Roberta A. Kaplan (Airbnb, Inc.), and Kristin A. Linsley (HomeAway.com, Inc.) dated March 13, 2020. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE.(Ugalde Alvarez, Carlos)
March 10, 2020 Opinion or Order Filing 150 SEALED DOCUMENT placed in vault.(mhe)
February 14, 2020 Opinion or Order Filing 149 ORDER granting (148) Letter Motion to Stay in case 1:18-cv-07712-PAE; granting (118) Letter Motion to Stay in case 1:18-cv-07742-PAE. Granted. The above-referenced consolidated actions are temporarily stayed, and all summary judgment motion deadlines are suspended pending further order of the Court. For the avoidance of doubt, the preliminary injunction issued by the Court, see Dkt. 62, remains in place. The Court directs the parties to submit a joint status letter within 30 days of the issuance of this order. (Signed by Judge Paul A. Engelmayer on 2/14/2020) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (mro)
February 13, 2020 Filing 148 JOINT LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from Karen B. Selvin (City of New York) and John C. Quinn (Airbnb, Inc.) dated February 13, 2020. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE.(Selvin, Karen)
January 30, 2020 Opinion or Order Filing 147 ORDER granting (146) Letter Motion for Extension of Time in case 1:18-cv-07712-PAE; granting (116) Letter Motion for Extension of Time in case 1:18-cv-07742-PAE: Granted. (Signed by Judge Paul A. Engelmayer on 1/30/2020) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
January 30, 2020 Set/Reset Deadlines: Motions due by 2/14/2020. Cross Motions due by 3/13/2020. Responses due by 4/3/2020 Replies due by 4/17/2020. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(jwh)
January 29, 2020 Filing 146 LETTER MOTION for Extension of Time to File Summary Judgment Motion addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated January 29, 2020. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
January 14, 2020 Opinion or Order Filing 145 ORDER granting (144) Letter Motion for Extension of Time to File in case 1:18-cv-07712-PAE; granting (114) Letter Motion for Extension of Time to File in case 1:18-cv-07742-PAE: Granted. (Signed by Judge Paul A. Engelmayer on 1/14/2020) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
January 14, 2020 Set/Reset Deadlines: Motions due by 1/31/2020. Cross Motions due by 2/28/2020. Responses due by 3/20/2020. Replies due by 4/3/2020. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(jwh)
January 13, 2020 Filing 144 LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated January 13, 2020. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
December 30, 2019 Filing 143 SEALED DOCUMENT placed in vault.(rz)
December 20, 2019 Filing 142 RULE 56.1 STATEMENT. Document filed by The City Of New York,, City of New York. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
December 19, 2019 Opinion or Order Filing 141 ORDER: The Court has reviewed and approves of the parties' proposed redactions to the joint statement of undisputed facts. The Court grants permission for the parties to file the joint statement under seal and to file the redacted version on ECF. (Signed by Judge Paul A. Engelmayer on 12/19/2019) (jwh)
December 16, 2019 Opinion or Order Filing 140 ORDER granting (139) Letter Motion for Extension of Time in case 1:18-cv-07712-PAE; granting (110) Letter Motion for Extension of Time in case 1:18-cv-07742-PAE: Granted. (Signed by Judge Paul A. Engelmayer on 12/16/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
December 13, 2019 Filing 139 JOINT LETTER MOTION for Extension of Time to File Joint Statement of Undisputed Facts addressed to Judge Paul A. Engelmayer from Parties' Counsel dated December 13, 2019. Document filed by Airbnb, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
November 26, 2019 Filing 138 MEMO ENDORSEMENT on re: (108 in 1:18-cv-07742-PAE, 137 in 1:18-cv-07712-PAE) Letter filed by Airbnb, Inc. ENDORSEMENT: Plaintiffs' opposition and cross-motions for summary judgment are due February 14, 2020. The City's opposition and reply are due March 6, 2020. Plaintiffs' replies are due March 20, 2020 (Cross Motions due by 2/14/2020. Responses due by 3/6/2020. Replies due by 3/20/2020.) (Signed by Judge Paul A. Engelmayer on 11/26/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(jwh)
November 26, 2019 Filing 137 LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated November 26, 2019 re: Summary Judgment Briefing Schedule. Document filed by Airbnb, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
November 25, 2019 Opinion or Order Filing 136 ORDER terminating (134) Letter Motion for Extension of Time; terminating (135) Letter Motion for Extension of Time in case 1:18-cv-07712-PAE; terminating (105) Letter Motion for Extension of Time; terminating (106) Letter Motion for Extension of Time in case 1:18-cv-07742-PAE: With reluctance, the Court adjourns the due date for the parties' joint statement of facts from November 26, 2019 to December 13, 2019. The Court does so in light of the practical burden to counsel for the defendant City of New York ("City") presented by the sheer volume of changes that plaintiffs have recently proposed to the City's draft joint statement of stipulated facts. While the Court does not intend to referee the process of negotiating the wording of the stipulated facts, the Court reminds counsel of its expectations that counsel, as professionals, will stipulate to genuinely undisputable facts, and will not needlessly foment disputes over this submission, which was intended to streamline counsels' work in connection with the summary judgment process. Were it the case that any counsel had declined to stipulate to such matters as the accurately-rendered text of statutes and regulations and/or the accurately-rendered status of claims in the case, the Court would regard such conduct as inconsistent with its expectations of counsel. This extension, and an extension of the briefing schedule for summary judgment, will not harm plaintiffs, as the Court's preliminary injunction against the ordinance at issue remains in effect. In light of this extension, and in recognition of the vacation schedule of counsel for the City, the Court extends the due date for the City's motion to January 17, 2020. The Court is prepared to adopt the balance of the schedule proposed by the City, which appears reasonable, but will defer doing so pending feedback on the proposed schedule from plaintiffs' counsel, as the Court is prepared modestly to adjust the remaining dates in the schedule if necessary to accommodate plaintiffs' counsel's needs. Plaintiffs' counsels' joint response regarding the City's proposed schedule is due at 5 p.m. on November 26, 2019. The Clerk of Court is respectfully directed to close the motions pending at No. 18 Civ. 7712, Dkts. 134, 135, and No. 18 Civ. 7742, Dkts. 105, 106. (Signed by Judge Paul A. Engelmayer on 11/25/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
November 25, 2019 Set/Reset Deadlines: Motions due by 1/17/2020. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(jwh)
November 22, 2019 Filing 135 AMENDED LETTER MOTION for Extension of Time to File the Parties' Joint Statement and of the Summary Judgment Briefing Schedule addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated November 22, 2019. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
November 22, 2019 Filing 134 LETTER MOTION for Extension of Time to File the Parties' Joint Statement and of the Summary Judgment Briefing Schedule addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated November 22, 2019. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
November 6, 2019 Opinion or Order Filing 133 ORDER granting (132) Letter Motion for Extension of Time to File in case 1:18-cv-07712-PAE; granting (102) Letter Motion for Extension of Time to File in case 1:18-cv-07742-PAE. The request for an extension of the deadline to file the parties' joint statement of stipulated facts from November 8, 2019 to November 26, 2019 is granted. The Court does not intend to grant any extensions of remaining summary judgment briefing deadlines, which are already set on an extended schedule. (Signed by Judge Paul A. Engelmayer on 11/6/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (mro)
November 6, 2019 Filing 132 LETTER MOTION for Extension of Time to File Joint Statement of Stipulated Facts addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated November 6, 2019. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
October 31, 2019 Filing 131 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 10/10/19 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)
October 31, 2019 Filing 130 TRANSCRIPT of Proceedings re: motion held on 10/10/2019 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/21/2019. Redacted Transcript Deadline set for 12/2/2019. Release of Transcript Restriction set for 1/29/2020.(McGuirk, Kelly)
October 17, 2019 Filing 129 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a MOTION proceeding held on 10/10/19 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)
October 17, 2019 Filing 128 TRANSCRIPT of Proceedings re: MOTION held on 10/10/2019 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Jerry Harrison, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2019. Redacted Transcript Deadline set for 11/18/2019. Release of Transcript Restriction set for 1/15/2020.(McGuirk, Kelly)
October 11, 2019 Opinion or Order Filing 127 ORDER: For the reasons stated on the record at today's conference, the Court hereby sets the following schedule and deadlines: The parties' joint statement of stipulated facts is due November 8, 2019. Defendant's motion for summary judgment is due January 3, 2020. Plaintiffs' oppositions to defendant's motion and their cross-motions for summary judgment are due January 31, 2020. Defendant's opposition and reply are due February 21, 2020. Plaintiffs' replies are due March 6, 2020. (Motions due by 1/3/2020. Cross Motions due by 1/31/2020. Responses due by 2/21/2020. Replies due by 3/6/2020.) (Signed by Judge Paul A. Engelmayer on 10/10/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(jwh)
October 10, 2019 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Pre-Motion Conference held on 10/10/2019. John Quinn, Sharon Nelles, Roberta Kaplan, Joshua Dick & Kristin Linsley present for Plaintiffs. Karen Selvin & Carlos Alvarez present for Defendant. Court reporter present. (ajs)
September 25, 2019 Opinion or Order Filing 126 ORDER granting (125) Letter Motion for Conference in case 1:18-cv-07712-PAE; granting (96) Letter Motion for Conference in case 1:18-cv-07742-PAE. The Court appreciates the parties' letter. The Court schedules the status conference for October 10, 2019, at 3:30 p.m. Status Conference set for 10/10/2019 at 03:30 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 9/25/2019, as per Chambers) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (mro) Modified on 9/27/2019 (mro).
September 25, 2019 Filing 125 JOINT LETTER MOTION for Conference addressed to Judge Paul A. Engelmayer from All Parties dated September 25, 2019. Document filed by Airbnb, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
September 23, 2019 Opinion or Order Filing 124 ORDER granting (123) Letter Motion to Adjourn Conference in case 1:18-cv-07712-PAE; granting (94) Letter Motion to Adjourn Conference in case 1:18-cv-07742-PAE. The Court adjourns the conference to accommodate counsel's schedule.The Court invites the parties to confer and then submit a letter motionrequesting a conference at one of the following times: October 7, 2019at 11:30 a.m.; October 9, 2019 at 4 p.m; October 10, 2019 at 3 p.m. Counsels' letter is due Wednesday, September 25, 2019 at noon. (Signed by Judge Paul A. Engelmayer on 9/23/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rj)
September 23, 2019 Set/Reset Deadlines: Motions due by 9/25/2019. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(rj)
September 23, 2019 Filing 123 LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated September 23, 2019. Document filed by Airbnb, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
September 20, 2019 Filing 122 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 20, 2019 re: (119 in 1:18-cv-07712-PAE) LETTER MOTION for Conference Regarding Anticipated Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated September 13, 2019., (86 in 1:18-cv-07742-PAE) LETTER MOTION for Conference re: HomeAway's anticipated motion for summary judgment addressed to Judge Paul A. Engelmayer from Kristin A. Linsley dated September 13, 2019. . Document filed by The City Of New York,, City of New York. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
September 20, 2019 Filing 121 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated September 20, 2019 re: #120 LETTER MOTION for Conference Regarding Anticipated Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 13, 2019. . Document filed by Airbnb, Inc.. (Kaplan, Roberta)
September 13, 2019 Filing 120 LETTER MOTION for Conference Regarding Anticipated Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 13, 2019. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
September 13, 2019 Filing 119 LETTER MOTION for Conference Regarding Anticipated Motion for Summary Judgment addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated September 13, 2019. Document filed by Airbnb, Inc..(Kaplan, Roberta)
August 2, 2019 Filing 118 MEMO ENDORSEMENT on re: #78 MOTION for Carl Michael Szabo to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 8/2/2019) (jwh)
July 26, 2019 Opinion or Order Filing 117 ORDER FOR ADMISSION PRO HAC VICE granting #78 Motion for Carl Michael Szabo to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 7/26/2019) (kv)
July 25, 2019 Opinion or Order Filing 116 ORDER granting (115) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-07712-PAE; granting (82) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-07742-PAE. Granted. The fact discovery deadline is hereby extended to August 30, 2019. The Court adjourns the case management conference to September 27, 2019, at 11 a.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/25/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rro)
July 25, 2019 Set/Reset Deadlines: (Fact Discovery due by 8/30/2019.), Set/Reset Hearings:(Case Management Conference set for 9/27/2019 at 11:00 AM before Judge Paul A. Engelmayer.) Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(rro)
July 24, 2019 Filing 115 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from All Parties dated July 24, 2019. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
July 19, 2019 Opinion or Order Filing 114 ORDER terminating (112) Letter Motion for Conference in case 1:18-cv-07712-PAE; terminating (79) Letter Motion for Conference in case 1:18-cv-07742-PAE. The Court has received a letter from defendant City of New York (the "City") setting out its position as to a discovery dispute, Dkt. 112, and plaintiffs' letter in response, Dkt. 113. This order resolves that dispute. The City seeks a protective order pursuant to Federal Rule of Civil Procedure 26(c) with respect to Topics 7-9 in plaintiffs' deposition notice. Topic 7: In Topic 7, plaintiffs seek testimony as to the "enactment of Local Law 2018/146, including but not limited to Defendants' consideration of other alternative statutory or regulatory frameworks." After the City objected, plaintiffs narrowed the request, to testimony concerning (i) "[t]he purpose of Local Law 2018/146"; (ii) "the anticipated operation and effect of Local Law 2018/146, including with respect to OSE's enforcement efforts relating to short-term rentals"; and (iii) "alternative potential regimes relating to data concerning short-term rentals, including how such regimes would bear on OSE's enforcement efforts." The City contends that this request, even as narrowed, is overly broad and unduly vague.It also argues that, insofar as plaintiffs seek information regarding the purpose of Local Law 146, they are seeking to explore the mindset of the New York City Council, which passed the law; and as further set forth herein. The Court therefore authorizes inquiry into these matters as part of the Rule 30(b)(6) deposition(s) of the City's representatives. There is, however, no need separately to authorize inquiry into the first of the proposed subjects of plaintiffs' discovery request as narrowed, to wit, "[t]he purpose of Local Law 2018/146." To the extent that plaintiffs' inquiry into "purpose" seeks to probe the anticipated use of the data that would be obtained under the Ordinance, that inquiry is proper, but it is clearly subsumed within the second subject of the narrowed request, into "the anticipated operation and effect of Local Law 2018/146, including with respect to OSE's enforcement efforts relating to short-term rentals." To the extent, however, that plaintiffs' inquiry into "purpose" contemplates a subjective inquiry into thought processes or motives-whether of legislators or executive officers of the City-that information has no bearing on the Fourth Amendment reasonableness inquiry, which is strictly objective. The Court therefore does not authorize Rule 30(b)(6) deposition into "the purpose" of the Ordinance, because the valid bases of any such inquiry are already subsumed by other requests; and as further set forth herein. The Clerk of Court is respectfully directed to terminate the motion pending at docket entry 112. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/19/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (anc) Modified on 7/22/2019 (anc).
July 3, 2019 Filing 113 LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan and Kristin A. Linsley dated July 3, 2019 Document filed by Airbnb, Inc., HomeAway.com, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
June 28, 2019 Filing 112 LETTER MOTION for Conference Related to Discovery Disputes and Request for Protective Order addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated June 28, 2019. Document filed by The City Of New York,, City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
June 20, 2019 Opinion or Order Filing 111 ORDER: The City's unopposed request to submit for publication the final rules related to the implementation of Local Law 146 is granted. For avoidance of doubt, the Court's January 3, 2019 Order enjoining Local Law 146 taking effect pending the resolution of this litigation remains in effect. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/20/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(anc)
June 6, 2019 Filing 110 LETTER addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated June 6, 2019 re: Publication of OSE Final Rules. Document filed by The City Of New York,. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
May 29, 2019 Opinion or Order Filing 109 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of the PI Order. All fact discovery except for depositions that were noticed prior to May 24, 2019, pursuant Federal Rule of Civil Procedure 30(b)(6), shall be completed no later than May 28, 2019. Depositions that noticed prior to May 24, 2019, pursuant to Federal Rule of Civil Procedure 30 (b)(6) to be completed by July 26, 2019. The parties agree that no expert discovery is needed. Counsel for the patties have conferred and their present best estimate of the length of trial is one week. Case Management Conference set for 8/15/2019 at 02:30 PM before Judge Paul A. Engelmayer. This ORDER may not be modified or the dates herein extended, except by further Order of this Court for good cause shown. Any application to modify or extend the dates herein (except as noted in paragraph 1) shall be made in a written application in accordance with paragraph 1.E of the Court's Individual Rules and Practices and shall be made no less than two (2) business days prior to the expiration of the date sought to be extended. (Signed by Judge Paul A. Engelmayer on 5/29/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(rro)
May 29, 2019 Opinion or Order Filing 108 ORDER: granting (107) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-07712-PAE; granting (72) Letter Motion for Extension of Time to Complete Discovery in case 1:18-cv-07742-PAE. Granted. The Court hereby adjourns the case management conference to August 15, 2019, at 2:30 p.m. SO ORDERED. Deposition due by 7/26/2019. (Signed by Judge Paul A. Engelmayer on 5/29/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (ama) Modified on 5/29/2019 (ama).
May 29, 2019 Set/Reset Hearings: Case Management Conference set for 8/15/2019 at 02:30 PM before Judge Paul A. Engelmayer. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(ama)
May 24, 2019 Filing 107 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from All Parties dated May 24, 2019. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
May 9, 2019 Filing 106 MANDATE of USCA (Certified Copy) as to (63 in 1:18-cv-07742-PAE, 93 in 1:18-cv-07712-PAE) Notice of Interlocutory Appeal, filed by The City Of New York,, City of New York. USCA Case Number 19-288. The parties in the above-referenced case have filed a stipulation withdrawing this appeal pursuant to FRAP 42. The stipulation is hereby "So Ordered".. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 05/09/2019. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(nd)
April 12, 2019 Opinion or Order Filing 105 AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. This case is not to be tried to a jury. Amended pleadings may not be filed and additional parties may not be joined except with leave of the Court. Any motion to amend or to join additional parties shall be filed within 30 days from the date of the PI Order. Fact Discovery due by 5/28/2019. Depositions due by 5/28/2019. The Final Pretrial Order date is thirty (30) days following the close of fact discovery. By the Final Pretrial Order date, the parties shall submit a Joint Pretrial Order prepared in accordance with the undersigned's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3). Any motions in limine shall be filed after the close of discovery on or before the Final Pretrial Order date. Counsel for the parties have conferred and their present best estimate of the length of trial is one week. Case Management Conference set for 7/8/2019 at 02:30 PM before Judge Paul A. Engelmayer. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/12/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(anc)
April 12, 2019 Opinion or Order Filing 104 ORDER granting (102 in case 1:18-cv-07712-PAE) Letter Motion for Extension of Time to Complete Discovery. Granted. The fact discovery deadline is extended to May 28, 2019. The case management conference is adjourned to July 8, 2019, at 2:30 p.m. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/12/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (anc)
April 12, 2019 Opinion or Order Filing 103 STIPULATED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/11/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(anc)
April 12, 2019 Set/Reset Deadlines: Fact Discovery due by 5/28/2019. Set/Reset Hearings: Case Management Conference set for 7/8/2019 at 02:30 PM before Judge Paul A. Engelmayer. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(anc)
April 11, 2019 Filing 102 JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Paul A. Engelmayer from All Parties dated April 11, 2019. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
April 11, 2019 Filing 101 PROPOSED PROTECTIVE ORDER. Document filed by The City Of New York,, City of New York. (Ugalde Alvarez, Carlos)
April 1, 2019 Opinion or Order Filing 100 MEMO ENDORSEMENT on re: #99 Letter filed by Airbnb, Inc. ENDORSEMENT: The Court appreciates this notification and does not intend any action at this time. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/1/2019) (anc)
March 29, 2019 Filing 99 LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated March 29, 2019 Document filed by Airbnb, Inc..(Kaplan, Roberta)
March 21, 2019 Opinion or Order Filing 98 ORDER terminating (94) Letter Motion for Conference ; terminating (95) Letter Motion for Conference in case 1:18-cv-07712-PAE; terminating (64) Letter Motion for Conference in case 1:18-cv-07742-PAE. The Court here resolves the three distinct issues as to which there has been crystallized briefing. The Court declines the request, if one is still pursued, to hold a generalized conference at which to discuss the status of discovery, or to comment on general accusations of dilatory, conduct during discovery. The Court respectfully reminds counsel to heed the Court's Individual Rules as to the process by which concrete discovery disputes are to be raised with the Court; and as further set forth herein. Finally, the City seeks information as to Airbnb's "One Host, One Home" policy, and to the actions Airbnb has taken to remove noncompliant hosts from its platform. Airbnb objects, arguing that such documents are irrelevant and that they "touch on sensitive issues of corporate management and are informed by legal advice." Id. The Court sustains Airbnb's objection to the extent they are based on relevance. The City has not explained why Airbnb's internal enforcement policies are probative as to the constitutionality of Local Law 146 under the Fourth Amendment. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/21/2019) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (anc)
March 20, 2019 Filing 97 LETTER addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated March 20, 2019 re: Response to Discovery Disputes Raised by Airbnb in March 15, 2019 Letter. Document filed by The City Of New York,. (Attachments: #1 Exhibit A, #2 Exhibit B)(Selvin, Karen)
March 15, 2019 Filing 96 LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated March 15, 2019 re: #95 LETTER MOTION for Conference Related to Discovery Disputes with Plaintiff Airbnb addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated March 12, 2019. . Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Kaplan, Roberta)
March 12, 2019 Filing 95 LETTER MOTION for Conference Related to Discovery Disputes with Plaintiff Airbnb addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated March 12, 2019. Document filed by The City Of New York,. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
March 12, 2019 Filing 94 LETTER MOTION for Conference Regarding Case Management addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated March 12, 2019. Document filed by Airbnb, Inc..(Kaplan, Roberta)
February 4, 2019 USCA Appeal Fees received $ 505.00 receipt number 465401228068 on 02/04/2019 re: (63 in 1:18-cv-07742-PAE, 93 in 1:18-cv-07712-PAE) Notice of Interlocutory Appeal, filed by The City Of New York,, City of New York. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(nd)
January 31, 2019 Filing 93 NOTICE OF INTERLOCUTORY APPEAL from (92 in 1:18-cv-07712-PAE) Memorandum & Opinion,,. Document filed by The City Of New York,, City of New York. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
January 31, 2019 Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: (63 in 1:18-cv-07742-PAE, 93 in 1:18-cv-07712-PAE) Notice of Interlocutory Appeal. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE. (tp)
January 31, 2019 Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for (63 in 1:18-cv-07742-PAE, 93 in 1:18-cv-07712-PAE) Notice of Interlocutory Appeal, filed by The City Of New York, City of New York were transmitted to the U.S. Court of Appeals. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE. (tp)
January 3, 2019 Opinion or Order Filing 92 OPINION AND ORDER re: #13 MOTION for Preliminary Injunction . filed by Airbnb, Inc.. For the foregoing reasons, the Court grants plaintiffs' motions for preliminary relief. The court preliminarily enjoins the Ordinance from taking effect pending resolution of this litigation. The Clerk of Court is respectfully directed to terminate the motions pending at docket number 13 (No. 18 Civ. 7712) and docket number 9 (No. 18 Civ. 7742). SO ORDERED. (Signed by Judge Paul A. Engelmayer on 1/3/2019) (kv)
December 21, 2018 Filing 91 LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated December 21, 2018 re: Airbnb Comments on OSE Proposed Rules. Document filed by Airbnb, Inc..(Kaplan, Roberta)
December 3, 2018 Filing 90 SUPPLEMENTAL LETTER addressed to Judge Paul A. Engelmayer from Carlos Fernando Ugalde Alvarez dated December 3, 2018 re: OSE's History in Issuing Subpoenas to Airbnb. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
November 14, 2018 Opinion or Order Filing 89 MEMO ENDORSEMENT on re: (87 in 1:18-cv-07712-PAE, 57 in 1:18-cv-07742-PAE) Letter, filed by City of New York. ENDORSEMENT: The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/14/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(anc)
November 14, 2018 Filing 88 LETTER addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated November 14, 2018 re: Corrected Rules. Document filed by City of New York. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
November 13, 2018 Filing 87 LETTER addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated November 13, 2018 re: Proposed Rules Related to Local Law 146. Document filed by City of New York. (Attachments: #1 Exhibit A)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
November 1, 2018 Opinion or Order Filing 86 MEMO ENDORSEMENT on re: (84 in 1:18-cv-07712-PAE, 54 in 1:18-cv-07742-PAE) Letter filed by City of New York. ENDORSEMENT: The Court appreciates this update. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/1/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(rro)
November 1, 2018 Filing 85 MEMO ENDORSEMENT granting (82) Motion to Withdraw as Attorney. ENDORSEMENT: Granted. (Attorney Reena Arora terminated in case 1:18-cv-07712-PAE) (Signed by Judge Paul A. Engelmayer on 11/1/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rro)
October 31, 2018 Filing 84 LETTER addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated October 31, 2018 re: Rulemaking Update. Document filed by City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Selvin, Karen)
October 31, 2018 Filing 83 DECLARATION of Reena Arora in Support re: #82 MOTION for Reena Arora to Withdraw as Attorney .. Document filed by Community Development Project at Urban Justice Center. (Arora, Reena)
October 31, 2018 Filing 82 MOTION for Reena Arora to Withdraw as Attorney . Document filed by Community Development Project at Urban Justice Center.(Arora, Reena)
October 29, 2018 Filing 81 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a HEARING proceeding held on 10/5/18 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)
October 29, 2018 Filing 80 TRANSCRIPT of Proceedings re: HEARING held on 10/5/2018 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Andrew Walker, (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 11/19/2018. Redacted Transcript Deadline set for 11/29/2018. Release of Transcript Restriction set for 1/27/2019.(McGuirk, Kelly)
October 23, 2018 Filing 79 SUPPLEMENTAL LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated October 23, 2018 re: Prior Subpoenas. Document filed by Airbnb, Inc..(Kaplan, Roberta)
October 17, 2018 Filing 78 MOTION for Carl Michael Szabo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NetChoice. (Attachments: #1 Affidavit Affidavit of Carl M Szabo, #2 Supplement Letter of Good Standing, #3 Supplement Order for Admission)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Szabo, Carl)
October 17, 2018 Filing 77 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carl Michael Szabo to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NetChoice. (Attachments: #1 Affidavit Affidavit, #2 Supplement Order for Admission, #3 Supplement Proof of Good standing)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Szabo, Carl) Modified on 10/17/2018 (bcu).
October 15, 2018 Filing 76 ANSWER to #1 Complaint. Document filed by The City Of New York,.(Selvin, Karen)
October 15, 2018 Filing 75 SUPPLEMENTAL LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated October 15, 2018 re: Prior Subpoenas. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kaplan, Roberta)
October 15, 2018 Opinion or Order Filing 74 ORDER granting (67) Motion to Amend/Correct in case 1:18-cv-07712-PAE: The Court, having considered Community Development Project at the Urban Justice Center's motion for leave to file a memorandum of law and declaration for proposed amici curiae Elected Officials, Legal Services, Housing, Firefighters Union, and Other Advocacy Organizations, and Interested New York City Residents, in opposition to plaintiffs' motions for a preliminary injunction, hereby GRANTS the motion. The amicus curiae brief of Community Development Project at the Urban Justice Center is accepted for filing. The Clerk of Court is respectfully directed to terminate the motion pending at docket number 67 in case number 18-cv-7712 (PAE). (Signed by Judge Paul A. Engelmayer on 10/15/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (jwh)
October 12, 2018 Filing 73 LETTER addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated October 12, 2018 re: OSE's History in Issuing Subpoenas to Plaintiffs. Document filed by The City Of New York,, City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
October 12, 2018 Filing 72 LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated October 12, 2018 re: Prior Subpoenas. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M)(Kaplan, Roberta)
October 12, 2018 Opinion or Order Filing 71 ORDER FOR ADMISSION PRO HAC VICE granting #70 Motion for Puichun Li to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 10/12/2018) (anc)
October 12, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #70 AMENDED MOTION for Puichun Li to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
October 11, 2018 Filing 70 AMENDED MOTION for Puichun Li to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Community Development Project at Urban Justice Center. (Attachments: #1 Affidavit Affidavit, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order for Admission PHV)(Li, Puichun)
October 6, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #68 MOTION for Jason Michael Schultz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the PDF attached to the docket entry for the motion is not correct; missing Certificate of Good Standing from Supreme Court; missing Proposed Order;Filing Fee not Paid Pursuant to Local Rule 1.3. missing affidavit of the attorney.;. Re-file the motion as a Corrected 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 Proposed Order.. (wb)
October 5, 2018 Minute Entry for proceedings held before Judge Paul A. Engelmayer: Initial Pretrial Conference held on 10/5/2018. Attorneys present for all Plaintiffs & Defendants. Court reporter present. (ajs)
October 5, 2018 Filing 69 Amicus Curiae APPEARANCE entered by Jason Schultz on behalf of TECH: NYC.(Schultz, Jason)
October 5, 2018 Filing 68 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason Michael Schultz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TECH: NYC.(Schultz, Jason) Modified on 10/6/2018 (wb).
October 5, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #66 FIRST MOTION for Puichun Li to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15661078. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): Please put One case number on all the documents you are filing in.;. 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 Proposed Order.. (wb)
October 4, 2018 Filing 67 MOTION to Amend/Correct . Document filed by Community Development Project at Urban Justice Center. Return Date set for 10/5/2018 at 09:00 AM. (Attachments: #1 Exhibit Memorandum of Law)(Li, Puichun)
October 4, 2018 Filing 66 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION for Puichun Li to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15661078. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Community Development Project at Urban Justice Center. Return Date set for 10/4/2018 at 09:00 AM. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit, #3 Text of Proposed Order Proposed Order for Admission PHV)(Li, Puichun) Modified on 10/5/2018 (wb).
October 4, 2018 Filing 65 Amicus Curiae APPEARANCE entered by Ivo Entchev on behalf of Linden Research, Inc., OfferUp Inc., Postmates Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Entchev, Ivo)
October 3, 2018 Filing 64 BRIEF AMICI CURIAE OF LINDEN RESEARCH, INC, OFFERUP INC. AND POSTMATES INC.IN SUPPORT OF PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION re: (9 in 1:18-cv-07742-PAE) MOTION for Preliminary Injunction , (13 in 1:18-cv-07712-PAE) MOTION for Preliminary Injunction . Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(anc)
October 3, 2018 Opinion or Order Filing 63 ORDER granting (54) Letter Motion to File Amicus Brief; denying (56) Letter Motion for Leave to File Document in case 1:18-cv-07712-PAE; granting (38) Letter Motion to File Amicus Brief; denying (40) Letter Motion for Leave to File Document in case 1:18-cv-07742-PAE. The motion for leave to file is granted. The Clerk of Court is respectfully directed to file the memorandum of law submitted with the motion for leave to file; and as further set forth herein. The Court concludes that further briefing in response to the accepted amicus briefs would be unhelpful. Therefore, the City's request is denied. The Court does not authorize any party to file a brief in response to any amicus brief that has been received. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/2/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (anc) Modified on 10/4/2018 (anc).
October 3, 2018 Filing 62 NOTICE OF APPEARANCE by Matthew J. Craig on behalf of Airbnb, Inc.. (Craig, Matthew)
October 3, 2018 Filing 61 LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated October 3, 2018 re: (40 in 1:18-cv-07742-PAE) LETTER MOTION for Leave to File Response to Amici Briefs Filed in Support of Plaintiffs' Motions for a Preliminary Injunction addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated October 2, 2018. . Document filed by Airbnb, Inc.. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
October 2, 2018 Filing 60 THIRD PARTY BRIEF re: #13 MOTION for Preliminary Injunction . . Document filed by TECH: NYC.(Williamson, Aaron)
October 2, 2018 Opinion or Order Filing 59 ORDER FOR ADMISSION PRO HAC VICE granting #33 Motion for Jason Michael Schultz to Appear Pro Hac Vice in case 1:18-cv-07712-PAE. (Signed by Judge Paul A. Engelmayer on 10/2/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm).
October 2, 2018 Opinion or Order Filing 58 ORDER ACCEPTING AMICUS CURIAE BRIEF. The Court, having considered APARTMENT INVESTMENT AND MANAGEMENT COMPANY'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF DEFENDANT CITY OF NEW YORK, hereby GRANTS the motion. The AMICUS CURIAE BRIEF OF APARTMENT INVESTMENT AND MANAGEMENT COMPANY IN SUPPORT OF DEFENDANT CITY OF NEW YORK is accepted for filing. So ordered. Granting #45 Motion to File Amicus Brief in case 1:18-cv-07712-PAE; Granting (29) Motion to File Amicus Brief in case 1:18-cv-07742-PAE. (Signed by Judge Paul A. Engelmayer on 10/2/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm).
October 2, 2018 Opinion or Order Filing 57 ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE. The Court, having considered the ELECTED OFFICIALS, LEGAL SERVICES, HOUSING, FIREFIGHTERS UNION, AND OTHERS ADVOCACY ORGANIZATIONS, AND INTERESTED NEW YORK RESIDENTS' MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE IN OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION, hereby GRANTS the motion. The BRIEF OF AMICUS CURIAE ELECTED OFFICIALS, LEGAL SERVICES, HOUSING, FIREFIGHTERS UNION, AND OTHERS ADVOCACY ORGANIZATIONS, AND INTERESTED NEW YORK RESIDENTS IN OPPOSITION TO THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION is accepted for filing. So ordered. Granting #37 Motion for Leave to File Document in case 1:18-cv-07712-PAE, as per Chambers. (Signed by Judge Paul A. Engelmayer on 10/2/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm).
October 2, 2018 Filing 56 LETTER MOTION for Leave to File Response to Amici Briefs Filed in Support of Plaintiffs' Motions for a Preliminary Injunction addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated October 2, 2018. Document filed by The City Of New York,, City of New York.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
October 2, 2018 Opinion or Order Filing 55 ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE. The Court, having considered the TECH:NYC MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, hereby GRANTS the motion. The BRIEF OF AMICUS CURIAE TECH:NYC IN SUPPORT OF THE PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION is accepted for filing. So ordered. (Signed by Judge Paul A. Engelmayer on 10/2/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm)
October 2, 2018 Filing 54 MOTION to File Amicus Brief in support of Plaintiffs' motions for preliminary injunction. Document filed by Linden Research, Inc., OfferUp Inc., Postmates Inc.. (Attachments: #1 Brief Amici Curiae, #2 Text of Proposed Order)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Greenberger, David)
October 2, 2018 Filing 53 NOTICE OF APPEARANCE by David Ian Greenberger on behalf of Linden Research, Inc., OfferUp Inc., Postmates Inc.. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Greenberger, David)
October 2, 2018 Opinion or Order Filing 52 ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE. The Court, having considered NETCHOICE'S MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION, hereby GRANTS the motion. The BRIEF OF NETCHOICE IN SUPPORT OF THE PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION is accepted for filing. So ordered. Granting #32 LETTER MOTION to File Amicus Brief by NetChoice addressed to Judge Paul A. Engelmayer from NetChoice dated 10/01/2018. Document filed by NetChoice in case 1:18-cv-07712-PAE; Granting (22) LETTER MOTION to File Amicus Brief by NetChoice addressed to Judge Paul A. Engelmayer from NetChoice dated 10/01/2018. Document filed by NetChoice in case 1:18-cv-07742-PAE. (Signed by Judge Paul A. Engelmayer on 10/2/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm).
October 2, 2018 Opinion or Order Filing 51 ORDER ACCEPTING AMICUS CURIAE BRIEF. The Court, having considered ELECTRONIC FRONTIER FOUNDATION'S MOTION FOR LEAVE TO FILE AMICUS CURIAE BRIEF IN SUPPORT OF PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION, hereby GRANTS the motion. The AMICUS CURIAE BRIEF OF ELECTRONIC FRONTIER FOUNDATION IN SUPPORT OF PLAINTIFFS' MOTIONS FOR PRELIMINARY INJUNCTION is accepted for filing. SO ORDERED. Granting #46 Motion to File Amicus Brief in case 1:18-cv-07712-PAE; Granting (30) Motion to File Amicus Brief in case 1:18-cv-07742-PAE. (Signed by Judge Paul A. Engelmayer on 10/2/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm).
October 2, 2018 Filing 50 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eric Samuel Boorstin to Appear Pro Hac Vice for Apartment Investment and Management Company. Filing fee $ 200.00, receipt number 0208-15647184. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apartment Investment and Management Company ("AIMCO").Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Dixler, Scott) Modified on 10/2/2018 (jc).
October 2, 2018 Filing 49 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jeremy Brooks Rosen to Appear Pro Hac Vice for Apartment Investment and Management Company. Filing fee $ 200.00, receipt number 0208-15647140. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Apartment Investment and Management Company ("AIMCO").Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Dixler, Scott) Modified on 10/2/2018 (jc).
October 2, 2018 Opinion or Order Filing 48 ORDER GRANTING MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE granting (30) Motion for Leave to File Document; granting (34) Motion for Leave to File Document in case 1:18-cv-07712-PAE. The Court, having considered the TECH:NYC MOTION FOR LEAVE TO FILE BRIEF OF AMICUS CURIAE IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION, hereby GRANTS the motion. The BRIEF OF AMICUS CURIAE TECH:NYC IN SUPPORT OF THE PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION is accepted for filing. (Signed by Judge Paul A. Engelmayer on 10/1/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (mro)
October 2, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. (34 in 1:18-cv-07742-PAE) MOTION for Eric Samuel Boorstin to Appear Pro Hac Vice for Apartment Investment and Management Company. Filing fee $ 200.00, receipt number 0208-15647184. Motion and supporting papers to be reviewed by Clerk's O, (33 in 1:18-cv-07742-PAE) MOTION for Jeremy Brooks Rosen to Appear Pro Hac Vice for Apartment Investment and Management Company. Filing fee $ 200.00, receipt number 0208-15647140. Motion and supporting papers to be reviewed by Clerk's Of.. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (our court does not accept state bar certificates for California). 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/Declaration - attach Proposed Order. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(jc)
October 2, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #35 MOTION for Carl Michael Szabo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15642518. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): expired Certificate of Good Standing from Washington D.C.; Attorney Affidavit/Declaration missing per Local Rule 1.3;. Re-file the motion as a Corrected 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 Proposed Order.. (bcu)
October 1, 2018 Filing 47 REPLY MEMORANDUM OF LAW in Support re: #13 MOTION for Preliminary Injunction . . Document filed by Airbnb, Inc.. (Kaplan, Roberta)
October 1, 2018 Filing 46 MOTION to File Amicus Brief of Electronic Frontier Foundation. Document filed by Electronic Frontier Foundation. (Attachments: #1 Motion for Leave to File Amicus Curiae Brief of EFF, #2 Amicus Curiae Brief of EFF in Support of Plaintiffs' Motions for Preliminary Injunction, #3 Text of Proposed Order)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Stoltz, Mitchell)
October 1, 2018 Filing 45 MOTION to File Amicus Brief of Apartment Investment and Management Company. Document filed by Apartment Investment and Management Company ("AIMCO"). (Attachments: #1 Exhibit Amicus Curiae Brief of Apartment Investment and Management Company)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Dixler, Scott)
October 1, 2018 Filing 44 MEMORANDUM OF LAW in Support re: #37 MOTION for Leave to File Memorandum of Law in Opposition to Plaintiffs Motions for a Preliminary Injunction . . Document filed by Community Development Project at Urban Justice Center. (Arora, Reena)
October 1, 2018 Filing 43 DECLARATION of Puichun Li in Support re: #37 MOTION for Leave to File Memorandum of Law in Opposition to Plaintiffs Motions for a Preliminary Injunction .. Document filed by Community Development Project at Urban Justice Center. (Attachments: #1 Exhibit A- Senator Krueger Dec, #2 Exhibit B- Senator Hoylman Dec, #3 Exhibit C- Brew Dec, #4 Exhibit D- Assembly Member Rosenthal Dec., #5 Exhibit E- Assembly Member Gottfried Dec, #6 Exhibit F- Assembly Member Glick Dec, #7 Exhibit G- Assembly member Epstein Dec, #8 Exhibit H - UFA Dec, #9 Exhibit I - HCC Dec, #10 Exhibit J - Inside Airbnb Dec, #11 Exhibit K- Goddard Dec, #12 Exhibit L- ANHD Dec, #13 Exhibit M- St Nicks Statement, #14 Exhibit N - WSNA Statement, #15 Exhibit O- West 47th St Tenants Association Statement, #16 Exhibit P- MFJ Dec, #17 Exhibit Q - Legal Aid Dec, #18 Exhibit R - Rifflmacher Statement, #19 Exhibit S - Fleischer Statement, #20 Exhibit T- Markowich Statement, #21 Exhibit U - Abuelo Statement, #22 Exhibit V- Amelius Statement)(Arora, Reena)
October 1, 2018 Filing 42 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Electronic Frontier Foundation.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Stoltz, Mitchell)
October 1, 2018 Filing 41 NOTICE OF APPEARANCE by Mitchell L. Stoltz on behalf of Electronic Frontier Foundation. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Stoltz, Mitchell)
October 1, 2018 Filing 40 PROPOSED CASE MANAGEMENT PLAN. Document filed by Airbnb, Inc.. (Kaplan, Roberta)
October 1, 2018 Filing 39 Amicus Curiae APPEARANCE entered by Mitchell L. Stoltz on behalf of Electronic Frontier Foundation.Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Stoltz, Mitchell)
October 1, 2018 Filing 38 JOINT LETTER addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated October 1, 2018 re: Preliminary Conference. Document filed by Airbnb, Inc..Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Kaplan, Roberta)
October 1, 2018 Filing 37 MOTION for Leave to File Memorandum of Law in Opposition to Plaintiffs Motions for a Preliminary Injunction . Document filed by Community Development Project at Urban Justice Center. (Attachments: #1 Exhibit 1)(Arora, Reena)
October 1, 2018 Filing 36 Amicus Curiae APPEARANCE entered by Reena Arora on behalf of Community Development Project at Urban Justice Center.(Arora, Reena)
October 1, 2018 Filing 35 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Carl Michael Szabo to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15642518. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NetChoice. (Attachments: #1 Supplement Order for Pro Hac Vice, #2 Supplement Certificate of Good Standing)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Szabo, Carl) Modified on 10/2/2018 (bcu).
October 1, 2018 Filing 34 AMENDED MOTION for Leave to File Brief Amicus Curiae . Document filed by TECH: NYC. (Attachments: #1 Proposed Amicus Brief, #2 Text of Proposed Order)(Williamson, Aaron)
October 1, 2018 Filing 33 MOTION for Jason Michael Schultz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TECH: NYC. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Schultz, Jason)
October 1, 2018 Filing 32 LETTER MOTION to File Amicus Brief by NetChoice addressed to Judge Paul A. Engelmayer from NetChoice dated 10/01/2018. Document filed by NetChoice. (Attachments: #1 Exhibit A and B)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Szabo, Carl)
October 1, 2018 Filing 31 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jason Michael Schultz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15641580. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by TECH: NYC. (Attachments: #1 Exhibit Certificates of Good Standing, #2 Affidavit, #3 Text of Proposed Order)(Schultz, Jason) Modified on 10/1/2018 (jc).
October 1, 2018 Filing 30 MOTION for Leave to File Brief Amicus Curiae . Document filed by TECH: NYC. (Attachments: #1 Proposed Amicus Brief, #2 Text of Proposed Order)(Williamson, Aaron)
October 1, 2018 Filing 29 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by TECH: NYC.(Williamson, Aaron)
October 1, 2018 Filing 28 NOTICE OF APPEARANCE by Aaron Kyle Williamson on behalf of TECH: NYC. (Williamson, Aaron)
October 1, 2018 >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Jason Michael Schultz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (jc)
October 1, 2018 >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #31 MOTION for Jason Michael Schultz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15641580. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Attorney Affidavit or Declaration - see Local Rule 1.3. 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 or Declaration - attach Proposed Order. (jc)
September 24, 2018 Filing 27 MEMORANDUM OF LAW in Opposition re: (9 in 1:18-cv-07742-PAE) MOTION for Preliminary Injunction ., (13 in 1:18-cv-07712-PAE) MOTION for Preliminary Injunction . . Document filed by The City Of New York,, City of New York. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
September 24, 2018 Filing 26 DECLARATION of Karen B. Selvin in Opposition re: (9 in 1:18-cv-07742-PAE) MOTION for Preliminary Injunction ., (13 in 1:18-cv-07712-PAE) MOTION for Preliminary Injunction .. Document filed by The City Of New York,, City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
September 24, 2018 Filing 25 DECLARATION of Christian Klossner in Opposition re: (9 in 1:18-cv-07742-PAE) MOTION for Preliminary Injunction ., (13 in 1:18-cv-07712-PAE) MOTION for Preliminary Injunction .. Document filed by The City Of New York,, City of New York. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
September 24, 2018 Filing 24 NOTICE OF APPEARANCE by Carlos Fernando Ugalde Alvarez on behalf of The City Of New York,, City of New York. Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Ugalde Alvarez, Carlos)
September 11, 2018 Opinion or Order Filing 23 ORDER. The Court has received defendant's letter dated September 7, 2018, requesting (1) that the Court consolidate Airbnb, Inc. v. City of New York, 18-cv-7712, and HomeAway.com, Inc. v. City of New York, 18-cv-7742; (2) an additional 10 pages for defendant's brief in opposition to plaintiffs' motions for a preliminary injunction; (3) an extension of defendant's time to respond to plaintiffs' motions for a preliminary injunction until October 9, 2018; and (4) an extension of defendant's time to file a responsive pleading with respect to plaintiffs' complaints until October 30, 2018. Since defendant filed its letter, the two actions have been designated as related and both have been assigned to this Court. The Court grants defendant's motion for an additional 10 pages for its brief in opposition to the plaintiffs' motions for a preliminary injunction. The Court also grants plaintiff Airbnh, Inc.'s motion, currently pending at Dkt. 14 in No. 18-cv-7712, for leave to file an excess 10 pages for its memorandum in support of its motion for a preliminary injunction. To give defendant further opportunity to respond to plaintiffs' motions, the Court sets the following briefing schedule: Defendant's opposition to plaintiffs' motions for a preliminary injunction shall be due on September 24, 2018. Plaintiffs shall file any reply brief or briefs by October 1, 2018. The initial pretrial conference is adjourned to Friday, October 5, 2018, at 9 a.m. The parties' pre-conference materials, described in the Court's August 30, 2018 Order, are due on October 1, 2018. The Court grants defendant's request for an extension of time to answer or otherwise move with respect to plaintiffs' complaints until October 15, 2018. As stated in the Court's September 5, 2018 Order, at the October 5 conference the Court expects to take up with counsel the legal and factual issues implicated by plaintiffs' motions for a preliminary injunction; counsel are expected to be prepared to address these matters. The Court expects to set an expedited schedule for development of the factual record, and directs counsel to confer in advance of the conference and to propose, in their pre-conference materials, such a schedule. In light of the common issues presented by these two consolidated actions, the Court further expects plaintiffs' counsel in the two cases to work collegially together and to coordinate their efforts to the maximum extent possible. So ordered. Granting (14) LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated August 30, 2018. Document filed by Airbnb, Inc; granting (22) Letter Motion for Extension of Time; Ggranting (22) LETTER MOTION to Consolidate Cases 18-7742 addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018. LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018. LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018. Document filed by The City Of New York in case 1:18-cv-07712-PAE; Granting (14) LETTER MOTION to Consolidate Cases 18-7712 addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018. LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018. LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018. Document filed by City of New York in case 1:18-cv-07742-PAE. (Signed by Judge Paul A. Engelmayer on 9/11/2018) Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm)
September 11, 2018 Set/Reset Deadlines: Responses due by 9/24/2018. Replies due by 10/1/2018. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE (rjm)
September 11, 2018 Set/Reset Hearings: Initial Conference set for 10/5/2018 at 09:00 AM before Judge Paul A. Engelmayer. (rjm)
September 11, 2018 Set/Reset Deadlines: The City Of New York, answer due 10/15/2018. (rjm)
September 7, 2018 Filing 22 LETTER MOTION to Consolidate Cases 18-7742 addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018., LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018., LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 7, 2018. Document filed by The City Of New York,.(Selvin, Karen)
September 6, 2018 Filing 21 NOTICE OF APPEARANCE by Karen Beth Selvin on behalf of The City Of New York,. (Selvin, Karen)
September 5, 2018 Filing 20 AFFIDAVIT OF SERVICE of Order Setting Briefing Schedule on Plaintiff's Motion for Preliminary Injunction served on The City of New York on 9/5/2018. Service was accepted by Authorized Representative. Document filed by Airbnb, Inc.. (McCarthy, John)
September 5, 2018 Opinion or Order Filing 19 ORDER: The Court has received plaintiff's motion for a preliminary injunction. Dkt. 13. The Court sets the following briefing schedule for the motion: Any opposition to the motion shall be filed and served no later than September 18, 2018, i.e., 14 days from the date that defendant was served with the motion. Any reply shall be served and filed no later than September 25, 2018. The initial pretrial conference, previously scheduled for September 26, 2018, at 10 a.m.,is hereby adjourned to Friday, September 28, 2018, at 2 p.m. The parties' pre-conference materials, described in the Court's August 30, 2018 order, are due on or before September 25, 2018; and as further set forth herein. SO ORDERED. (Responses due by 9/18/2018. Replies due by 9/25/2018. Initial Conference set for 9/28/2018 at 02:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 9/5/2018) (anc)
September 4, 2018 Filing 18 AFFIDAVIT OF SERVICE of Motion for Preliminary Injunction (and accompanying documents) served on The City of New York on 8/31/2018. Service was accepted by Authorized Representative. Document filed by Airbnb, Inc.. (McCarthy, John)
September 4, 2018 Filing 17 AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on The City of New York on 8/31/2018. Service was accepted by Authorized Representative. Document filed by Airbnb, Inc.. (McCarthy, John)
August 30, 2018 Filing 16 DECLARATION of John C. Quinn in Support re: #13 MOTION for Preliminary Injunction .. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W)(Quinn, John)
August 30, 2018 Filing 15 DECLARATION of David Countryman in Support re: #13 MOTION for Preliminary Injunction .. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Kaplan, Roberta)
August 30, 2018 Filing 14 LETTER MOTION for Leave to File Excess Pages addressed to Judge Paul A. Engelmayer from Roberta A. Kaplan dated August 30, 2018. Document filed by Airbnb, Inc.. (Attachments: #1 Exhibit Memorandum of Law in Support of Plaintiff's Motion for a Preliminary Injunction)(Kaplan, Roberta)
August 30, 2018 Filing 13 MOTION for Preliminary Injunction . Document filed by Airbnb, Inc..(Kaplan, Roberta)
August 30, 2018 Opinion or Order Filing 12 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/26/2018 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer; and as further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/30/2018) (anc)
August 29, 2018 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint. The City Of New York, served on 8/27/2018, answer due 9/17/2018. Service was accepted by Betty Mazyck. Document filed by Airbnb, Inc.. (McCarthy, John)
August 28, 2018 Filing 10 NOTICE OF APPEARANCE by John Garrett McCarthy on behalf of Airbnb, Inc.. (McCarthy, John)
August 27, 2018 Filing 9 NOTICE OF CHANGE OF ADDRESS by John Charles Quinn on behalf of Airbnb, Inc.. New Address: Kaplan Hecker & Fink LLP, 350 Fifth Avenue, Suite 7110, New York City, NY, United States 10118, 2127630883. (Quinn, John)
August 27, 2018 Filing 8 NOTICE OF CHANGE OF ADDRESS by Roberta Ann Kaplan on behalf of Airbnb, Inc.. New Address: Kaplan Hecker & Fink LLP, 350 Fifth Avenue, Suite 7110, New York City, NY, United States 10118, 2127630883. (Kaplan, Roberta)
August 27, 2018 Filing 7 NOTICE OF APPEARANCE by John Charles Quinn on behalf of Airbnb, Inc.. (Quinn, John)
August 27, 2018 Filing 6 ELECTRONIC SUMMONS ISSUED as to The City Of New York,. (dnh)
August 27, 2018 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Roberta Ann Kaplan. The party information for the following party/parties has been modified: Airbnb, Inc. ; CITY OF NEW YORK. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party role was entered incorrectly. (dnh)
August 27, 2018 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Roberta Ann Kaplan. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to Albany. (dnh)
August 27, 2018 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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. (dnh)
August 27, 2018 Magistrate Judge Ona T. Wang 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. (dnh)
August 27, 2018 Case Designated ECF. (dnh)
August 24, 2018 Filing 5 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Airbnb, Inc..(Kaplan, Roberta)
August 24, 2018 Filing 4 NOTICE OF APPEARANCE by Sharon L. Nelles on behalf of Airbnb, Inc.. (Nelles, Sharon)
August 24, 2018 Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to CITY OF NEW YORK, re: #1 Complaint. Document filed by Airbnb, Inc.. (Kaplan, Roberta)
August 24, 2018 Filing 2 CIVIL COVER SHEET filed. (Kaplan, Roberta)
August 24, 2018 Filing 1 COMPLAINT against CITY OF NEW YORK. (Filing Fee $ 400.00, Receipt Number 0208-15489169)Document filed by Airbnb, Inc..(Kaplan, Roberta)

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Search for this case: Airbnb, Inc. v. The City of New York
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Defendant: The City Of New York,
Represented By: Carlos Fernando Ugalde Alvarez
Represented By: Karen Beth Selvin
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Plaintiff: Airbnb, Inc.
Represented By: Roberta Ann Kaplan
Represented By: Sharon L. Nelles
Represented By: John Charles Quinn
Represented By: Matthew J. Craig
Represented By: John Garrett McCarthy
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Amicus curiae: Apartment Investment and Management Company ("AIMCO")
Represented By: Scott Philip Dixler
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Amicus curiae: OfferUp Inc.
Represented By: David Ian Greenberger
Represented By: Ivo Entchev
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Amicus curiae: Linden Research, Inc.
Represented By: David Ian Greenberger
Represented By: Ivo Entchev
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Amicus curiae: TECH: NYC
Represented By: Jason Schultz
Represented By: Aaron Kyle Williamson
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Amicus curiae: Electronic Frontier Foundation
Represented By: Mitchell L. Stoltz
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Amicus curiae: Community Development Project at Urban Justice Center
Represented By: Reena Arora
Represented By: Puichun Li
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Amicus curiae: Postmates Inc.
Represented By: David Ian Greenberger
Represented By: Ivo Entchev
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Alternative dispute resolution (adr) provider: NetChoice
Represented By: Carl Michael Szabo
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