HomeAway.com, Inc. v. City of New York
| HomeAway.com, Inc. |
| City of New York |
| Apartment Investment and Management Company ("AIMCO"), OfferUp Inc., Linden Research, Inc., Postmates Inc. and Electronic Frontier Foundation |
| NetChoice |
| 1:2018cv07742 |
| August 24, 2018 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on March 1, 2021. A more recent docket listing may be available from PACER.
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Filing 119
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)
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| Filing 118 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) |
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Filing 117
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)
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| 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) |
| Filing 116 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) |
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Filing 115
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)
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| 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) |
| Filing 114 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) |
| Filing 113 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) |
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Filing 112
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)
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Filing 111
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)
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| Filing 110 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) |
| Filing 109 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) |
| Filing 108 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) |
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Filing 107
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)
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| Set/Reset Deadlines: Motions due by 1/17/2020. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(jwh) |
| Filing 106 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) |
| Filing 105 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) |
| Filing 104 NOTICE OF APPEARANCE by Patrick Hayden on behalf of HomeAway.com, Inc.. (Hayden, Patrick) |
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Filing 103
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)
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| Filing 102 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) |
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Filing 101
ORDER: granting #99 Letter Motion for Discovery. Home Away argues that its production of the agreements with its marketing affiliate manager satisfies the Court's September 20, 2019 Order. The Court disagrees. The Court therefore grants the City's first request, as follows: The Court orders HomeAway to produce copies of all agreements, within its custody or control, that its marketing affiliate managers have entered into with marketing affiliates. The Court directs HomeAway to produce these documents, forthwith, and, in any event, no later than October 25, 2019. The Court denies the balance of the relief sought by the City. The Court denies the request for an additional deposition on the grounds that the City's request for relief is untimely and not merited. The Court denies, without prejudice, the City's request for an extension for the parties' joint statement of stipulated facts, because the parties will not be taking an additional deposition and the additional agreements will be produced well before the joint statement is due. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/18/2019) (ama)
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| Filing 100 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Kristin A. Linsley dated October 17, 2019 re: #99 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated October 11, 2019. . Document filed by HomeAway.com, Inc.. (Linsley, Kristin) |
| Filing 99 LETTER MOTION for Discovery addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated October 11, 2019. Document filed by City of New York.(Ugalde Alvarez, Carlos) |
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Filing 98
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)
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| 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) |
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Filing 97
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).
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| Filing 96 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) |
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Filing 95
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)
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| Set/Reset Deadlines: Motions due by 9/25/2019. Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(rj) |
| Filing 94 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) |
| Filing 93 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) |
| Filing 92 LETTER RESPONSE to Motion addressed to Judge Paul A. Engelmayer from Kristin A. Linsley dated September 20, 2019 re: #85 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 HomeAway.com, Inc.. (Linsley, Kristin) |
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Filing 91
ORDER: denying #88 Letter Motion for Conference. The Court has reviewed the letter from defendant City of New York ("City") raising certain discovery disputes with defendant HomeAway, Inc. ("HomeAway"), Dkt. 88, and the letter in response from HomeAway, Dkt. 90. With one exception, the Court denies the relief sought by the City, on the grounds that the City's request for relief is untimely, the City having first raised these issues with the Court after the close of fact discovery. The Court does, however, find good cause to order HomeAway to produce the contracts between HomeAway and third parties relating to disclosure of host information. The Court directs HomeAway to produce these forthwith. To the extent that HomeAway contends that such agreements are irrelevant, the Court is not prepared conclusively to so find at this stage. HomeAway is at liberty, however, later in this litigation, to so argue in connection with any motion presenting that issue. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/19/2019) (ama)
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| Filing 90 LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Kristin A. Linsley dated September 17, 2019 re: #88 LETTER MOTION for Conference Regarding Discovery Dispute addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 12, 2019. . Document filed by HomeAway.com, Inc.. (Linsley, Kristin) |
| Filing 89 SEALED DOCUMENT placed in vault.(mhe) |
| Filing 88 LETTER MOTION for Conference Regarding Discovery Dispute addressed to Judge Paul A. Engelmayer from Karen B. Selvin dated September 12, 2019. Document filed by 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, #10 Exhibit J, #11 Exhibit K)(Selvin, Karen) |
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Filing 87
ORDER. The Court has received a letter from the City of New York (the "City"), dated September 12, 2019, requesting to file a discovery dispute letter and certain exhibits thereto in redacted form. The Court has reviewed and approved of the proposed redactions. Therefore, the request is granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/16/19) (yv)
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| Filing 86 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - 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 HomeAway.com, Inc..(Linsley, Kristin) Modified on 11/27/2019 (db). |
| Filing 85 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) |
| Filing 84 MEMO ENDORSEMENT granting #53 Motion for Carl Michael Szabo to Appear Pro Hac Vice. ENDORSEMENT: Granted. (Signed by Judge Paul A. Engelmayer on 8/9/2019) (jwh) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Carl Michael Szabo 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) |
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Filing 83
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)
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| 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) |
| Filing 82 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) |
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Filing 81
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).
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| Filing 80 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) |
| Filing 79 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) |
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Filing 78
ORDER granting #77 Letter Motion for Extension of Time. Granted. Deposition due by 8/2/2019. (Signed by Judge Paul A. Engelmayer on 6/27/2019) (mro)
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| Filing 77 LETTER MOTION for Extension of Time / extension of the deposition deadline addressed to Judge Paul A. Engelmayer from Joshua D. Dick dated June 26, 2019. Document filed by HomeAway.com, Inc..(Linsley, Kristin) |
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Filing 76
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)
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| Filing 75 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) |
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Filing 74
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)
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Filing 73
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).
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| 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) |
| Filing 72 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) |
| Filing 71 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) |
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Filing 70
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)
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Filing 69
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)
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Filing 68
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)
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| 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) |
| Filing 67 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) |
| Filing 66 PROPOSED PROTECTIVE ORDER. Document filed by The City Of New York,, City of New York. (Ugalde Alvarez, Carlos) |
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Filing 65
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)
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| Filing 64 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) |
| 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) |
| Filing 63 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) |
| 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) |
| 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) |
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Filing 62
OPINION AND ORDER re: #9 MOTION for Preliminary Injunction . filed by HomeAway.com, 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)
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| Filing 61 LETTER addressed to Judge Paul A. Engelmayer from Kristin A. Linsley dated December 12, 2018 re: comments on the rules proposed by the Mayor's Office of Special Enforcement. Document filed by HomeAway.com, Inc.. (Attachments: #1 Exhibit A - rule commentary)(Linsley, Kristin) |
| Filing 60 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) |
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Filing 59
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)
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| Filing 58 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) |
| Filing 57 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) |
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Filing 56
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)
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| Filing 55 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) |
| Filing 54 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) |
| Filing 53 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) |
| Filing 52 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). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #52 MOTION for Carl Michael Szabo 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): 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) |
| Filing 51 ANSWER to #1 Complaint. Document filed by City of New York.(Selvin, Karen) |
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Filing 50
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)
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| Filing 49 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) |
| Filing 48 LETTER addressed to Judge Paul A. Engelmayer from Kristin A. Linsley dated October 12, 2018 re: issuance of subpoenas by the Office of Special Enforcement. Document filed by HomeAway.com, Inc..(Linsley, Kristin) |
| 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) |
| Filing 47 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) |
| Filing 46 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) |
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Filing 45
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).
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| Filing 44 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) |
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Filing 43
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)
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Filing 42
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).
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Filing 41
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)
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| Filing 40 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) |
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Filing 39
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)
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| Filing 38 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) |
| Filing 37 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) |
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Filing 36
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).
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Filing 35
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).
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| Filing 34 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). |
| Filing 33 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). |
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Filing 32
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)
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| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #23 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) |
| >>>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) |
| Filing 31 REPLY MEMORANDUM OF LAW in Support re: #9 MOTION for Preliminary Injunction . . Document filed by HomeAway.com, Inc.. (Linsley, Kristin) |
| Filing 30 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) |
| Filing 29 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) |
| Filing 28 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) |
| Filing 27 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) |
| Filing 26 PROPOSED CASE MANAGEMENT PLAN. Document filed by Airbnb, Inc.. (Kaplan, Roberta) |
| Filing 25 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) |
| Filing 24 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) |
| Filing 23 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). |
| Filing 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. (Attachments: #1 Exhibit A and B)Filed In Associated Cases: 1:18-cv-07712-PAE, 1:18-cv-07742-PAE(Szabo, Carl) |
| Filing 21 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) |
| Filing 20 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) |
| Filing 19 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) |
| Filing 18 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) |
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Filing 17
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting #16 Motion for Joshua D. Dick to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 9/17/2018) (jwh)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #16 MOTION for JOSHUA D. DICK to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15568397. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb) |
| Filing 16 MOTION for JOSHUA D. DICK to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15568397. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by HomeAway.com, Inc.. (Attachments: #1 Declaration of Joshua D. Dick, #2 Exhibit A - Certificate of Good Standing - California, #3 Text of Proposed Order)(Dick, Joshua) |
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Filing 15
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)
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| 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. (wb) |
| CASE ACCEPTED AS RELATED. Create association to 1:18-cv-07712-PAE. Notice of Assignment to follow. (wb) |
| CONSOLIDATED MEMBER CASE: Create association to 1:18-cv-07712-PAE. (rjm) |
| NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge Unassigned is no longer assigned to the case. (wb) |
| 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) |
| Set/Reset Deadlines: City of New York answer due 10/15/2018. (rjm) |
| Filing 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.(Selvin, Karen) |
| Filing 13 AFFIDAVIT OF SERVICE of Plaintiff's Notice of Motion for Preliminary Injunction, Memorandum of Law in Support of Motion for Preliminary Injunction and Declaration of William Furlong with Exhibits in Suport of Motion for Preliminary Injunction served on City of New York on 09/05/2018. Service was accepted by Jerry Bradshaw, Clerk. Document filed by HomeAway.com, Inc.. (Linsley, Kristin) |
| Filing 12 NOTICE OF APPEARANCE by Karen Beth Selvin on behalf of City of New York. (Selvin, Karen) |
| Filing 11 DECLARATION of WILLIAM FURLONG in Support re: #9 MOTION for Preliminary Injunction .. Document filed by HomeAway.com, Inc.. (Attachments: #1 Exhibit A - Terms and Conditions, #2 Exhibit B - Privacy Policy)(Linsley, Kristin) |
| Filing 10 MEMORANDUM OF LAW in Support re: #9 MOTION for Preliminary Injunction . . Document filed by HomeAway.com, Inc.. (Linsley, Kristin) |
| Filing 9 MOTION for Preliminary Injunction . Document filed by HomeAway.com, Inc..(Linsley, Kristin) |
| Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint. City of New York served on 8/30/2018, answer due 9/20/2018. Service was accepted by Betty Mazyck, Clerk. Document filed by HomeAway.com, Inc.. (Linsley, Kristin) |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to City of New York. (dnh) |
| Filing 6 REQUEST FOR ISSUANCE OF SUMMONS as to City of New York, re: #1 Complaint. Document filed by HomeAway.com, Inc.. (Linsley, Kristin) Modified on 8/29/2018 (dnh). Modified on 8/29/2018 (dnh). |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Kristin Andrea Linsley. 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 XX Out of State. (pc) |
| Case Designated ECF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pc) |
| CASE REFERRED TO Judge Paul A. Engelmayer as possibly related to 18cv7712. (pc) |
| Filing 5 NOTICE OF APPEARANCE by Mylan Lee Denerstein on behalf of HomeAway.com, Inc.. (Denerstein, Mylan) |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Expedia Group, Inc., Corporate Parent HomeAway Holdings, Inc., Corporate Parent Expedia, Inc. for HomeAway.com, Inc.. Document filed by HomeAway.com, Inc..(Linsley, Kristin) |
| Filing 3 STATEMENT OF RELATEDNESS re: that this action be filed as related to 18-cv-7712. Document filed by HomeAway.com, Inc..(Linsley, Kristin) |
| Filing 2 CIVIL COVER SHEET filed. (Linsley, Kristin) |
| Filing 1 COMPLAINT against City of New York. (Filing Fee $ 400.00, Receipt Number 0208-15492145)Document filed by HomeAway.com, Inc..(Linsley, Kristin) |
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