Bright Kids NYC Inc. v. Kelly et al
| Bright Kids NYC Inc. |
| LectureLab, Inc., Taylor Kelly, Sara Javed, MINGDE AIXIN EDUCATION TECHNOLOGY COMPANY LIMITED, Alina Adams, Trever Eymard and Matilda Academy |
| Bige Doruk |
| 1:2019cv01175 |
| February 7, 2019 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Defendant |
Docket Report
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This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
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Filing 144
CLERK'S JUDGMENT re: #143 Memorandum & Opinion in favor of Bright Kids NYC Inc. against Alina Adams. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum Opinion and Order dated September 2, 2021, upon review of the parties' submissions, Bright Kids's motion is GRANTED substantially for the reasons set forth in its motion papers. Bright Kids's motion to dismiss its own claims against Adams with prejudice is GRANTED; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/2/2021) (Attachments: #1 Right to Appeal) (km)
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Filing 143
MEMORANDUM OPINION AND ORDER: re: #140 MOTION to Dismiss Plaintiff's claims against Defendant Adams filed by Bright Kids NYC Inc. Upon review of the parties' submissions, Bright Kids's motion is GRANTED substantially for the reasons set forth in its motion papers. Accordingly, Bright Kids's motion to dismiss its own claims against Adams with prejudice is GRANTED. The Clerk of Court is directed to terminate ECF No. 140 and close this case. And as set forth herein. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/02/2021) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing 142
MEMORANDUM OF LAW in Support re: #140 MOTION to Dismiss Plaintiff's claims against Defendant Adams. . Document filed by Bright Kids NYC Inc...(Medinets, Dov)
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Filing 141
DECLARATION of Dov Medinets, Esq. in Support re: #140 MOTION to Dismiss Plaintiff's claims against Defendant Adams.. Document filed by Bright Kids NYC Inc.. (Attachments: #1 Exhibit Exhibit A - Complaint, #2 Exhibit Exhibit B - Adams Answer with Conterclaims).(Medinets, Dov)
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Filing 140
MOTION to Dismiss Plaintiff's claims against Defendant Adams. Document filed by Bright Kids NYC Inc...(Medinets, Dov)
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Filing 139
REPLY MEMORANDUM OF LAW in Support re: #137 MOTION to Dismiss Plaintiff's claims against Defendant Adams. . Document filed by Bright Kids NYC Inc...(Medinets, Dov)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Dov Ber Medinets to RE-FILE Document #137 MOTION to Dismiss Plaintiff's claims against Defendant Adams. ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. NOTE: The Declaration is missing a signature or s/. (ldi)
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Filing 138
MEMORANDUM OF LAW in Opposition re: #137 MOTION to Dismiss Plaintiff's claims against Defendant Adams. . Document filed by Alina Adams. (Attachments: #1 Affidavit Affidavit of T. Edward Williams, Esq.).(Williams, T. Edward)
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Filing 137
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Plaintiff's claims against Defendant Adams. Document filed by Bright Kids NYC Inc.. (Attachments: #1 Memorandum of Law, #2 Declaration of Dov Medinets, Esq., #3 Exhibit Exhibit A- Amended Complaint, #4 Exhibit Exhibit B - Adams Answer and Counterclaims).(Medinets, Dov) Modified on 8/31/2021 (ldi).
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Filing 136
LETTER addressed to Magistrate Judge Katharine H. Parker from Dov Medinets, Esq. dated August 13, 2021 re: Settlement Status. Document filed by Bright Kids NYC Inc...(Medinets, Dov)
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Filing 135
ORDER. A settlement conference was scheduled for 2:00 p.m. today. Plaintiff's counsel failed to appear. The parties shall submit a status report on their ongoing settlement discussions by Friday August 13, 2021. The Court will reschedule a conference based on the information provided in the status letter. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 8/10/2021. (ca)
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Filing 134
STIPULATION OF VOLUNTARY DISMISSAL UNDER FED. R. CIV. P. 41 (a)(l)(A)(i) : PLEASE TAKE NOTICE THAT plaintiff Bright Kids NYC Inc. ("Bright Kids" or "Plaintiff'), defendants Taylor Kelly ("Kelly") and LectureLab Inc. ("LectureLab") (collectively, "Defendants") have reached a Settlement Agreement resolving of all their respective claims, counterclaims, and cross-claim in this action and that, pursuant to their Agreement and Rule 41(a)(l)(A)(i) of the Federal Rules of Civil Procedure, they dismiss the Amended Complaint, Defendants Kelly's and LectureLab's remaining counterclaims and Defendants' cross-claim against defendant Sara Javed, with prejudice, each party to bear his or its own costs, expenses, and attorney's fees, and agree that Bright Kids, Kelly, and LectureLab waive any right to appeal. The Clerk of Court is directed to terminate Defendant Taylor Kelly and Defendant LectureLab, Inc. SO ORDERED., (Taylor Kelly and LectureLab, Inc. terminated.) (Signed by Judge Jesse M. Furman on 7/29/21) (yv)
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Filing 133
ORDER: As discussed on the record during today's conference: 1. Discovery in this case is now closed. 2. No later than August 23, 2021, Plaintiff shall file a motion to dismiss its claims against Defendant Alina Adams and to dismiss Defendant Adams's counterclaims for lack of jurisdiction. Defendant Adams shall file any opposition by August 30, 2021. Plaintiff shall file a reply, if any, by September 2, 2021. SO ORDERED. (Motions due by 8/23/2021, Responses due by 8/30/2021, Replies due by 9/2/2021.) (Signed by Judge Jesse M. Furman on 7/28/2021) (jca)
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Filing 132
STIPULATION OF VOLUNTARY DISMISSAL, WITH PREJUDICE: PLEASE TAKE NOTICE THAT this action, including all affirmative claims and cross-claims is voluntarily dismissed by Plaintiff, Bright Kids NYC, Inc. as to Defendant, Sara Javed only in its entirety., with prejudice waiving all rights of appeal, and without costs as to Bright Kids NYC, Inc. and Sara Javed, The dismissal is made pursuant to F.R.C.P. 41(a)(1)(A)(f) of the Federal Rules of civil Procedure. SO ORDERED. The Clerk of Court is directed to terminate Ms. Javed as a party. Sara Javed terminated. (Signed by Judge Jesse M. Furman on 7/28/2021) (jca)
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Filing 131
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) Sara Javed and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant). Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Medinets, Dov) Modified on 7/28/2021 (dt).
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***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Medinets, Dov. RE-FILE Document No. #131 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed(ink signatures) by all parties who have appeared;. 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 (scanned ink signature image) PDF. (dt)
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Filing 130
ORDER: The conference currently scheduled for July 28, 2021, at 3:45 p.m. is hereby RESCHEDULED for July 28, 2021, at 2:15 p.m. The conference will be held remotely by telephone in accordance with Rule 2(B) of the Court's Individual Rules and Practices in Civil Cases, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Counsel should review and comply with the rules regarding teleconferences in the Courts Individual Rules and Practices in Civil Cases, including Rule 2(B)(i), which requires the parties, no later than 24 hours before the conference, to send a joint email to the Court with a list of counsel who may speak during the teleconference and the telephone numbers from which counsel expect to join the call. SO ORDERED. ( Telephone Conference set for 7/28/2021 at 02:15 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 7/23/2021) (vfr)
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Filing 129
JOINT LETTER addressed to Judge Jesse M. Furman from Joint Letter-from Al Daniel dated July 22, 2021 re: Pretrial Conference scheduled for July 28, 2021 per Order. Document filed by Taylor Kelly, LectureLab, Inc...(Daniel, Al)
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Filing 128
ORDER SCHEDULING SETTLEMENT STATUS CONFERENCE: A follow up settlement call in this matter is hereby scheduled for August 10, 2021 at 2:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434- 5269, Access code: 4858267. The parties need not attend this call. SO ORDERED. ( Telephone Conference set for 8/10/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 7/20/2021) (vfr)
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Filing 127
ORDER: Counsel are reminded that they must submit a joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 100. In their joint letter, the parties should also indicate whether they believe they can do without a conference altogether. Unless and until the Court orders otherwise, the conference remains in effect and will be held in person in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY. (If counsel believe that the conference should be held by telephone, they should in accordance with Rule 2(B) of the Court's Individual Rules and Practices promptly file a letter motion to that effect. Any such letter motion should indicate other dates and times during the week of the conference when counsel would be available.) Additionally, unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/19/2021) (va)
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Filing 126
MEMO ENDORSEMENT on re: #124 Letter filed by Sara Javed. ENDORSEMENT: Defendant Javed's request to be excused from the settlement conference before Judge Parker is denied as moot in light of the conference's recent adjournment sine die. See ECF No. 125. Unless and until all claims involving Ms. Javed are dismissed, counsel should direct any future requests as to the settlement conference to Judge Parker. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/30/2021) (va)
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Filing 125
ORDER ADJOURNING SETTLEMENT STATUS CONFERENCE: The Settlement Status Conference in this matter scheduled for Thursday, July 1, 2021 at 12:45 p.m. is hereby adjourned sine die. (Signed by Magistrate Judge Katharine H. Parker on 6/30/2021) (cf)
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Filing 124
LETTER addressed to Judge Jesse M. Furman from Andrew S. Berns dated June 30, 2021 re: settlement between Plaintiff and Defendant, Sara Javed. Document filed by Sara Javed..(Berns, Andrew)
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Filing 123
MEMO ENDORSEMENT on re: #122 Letter joint status update filed by Sara Javed. ENDORSEMENT : The deadlines in the Case Management Plan, ECF No. 100, are hereby extended, but only by thirty days. Future extensions are not likely to be granted. The pretrial conference currently scheduled for June 23, 2021, is hereby rescheduled to July 28, 2021, at 3:45 p.m. The parties should submit a new joint letter in advance of that conference in accordance with ECF No. 100. SO ORDERED., ( Pretrial Conference set for 7/28/2021 at 03:45 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 6/16/21) (yv)
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Filing 122
LETTER addressed to Judge Jesse M. Furman from Andrew S. Berns dated June 15, 2021 re: joint status update. Document filed by Sara Javed..(Berns, Andrew)
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Filing 121
ORDER. In light of the circumstances surrounding COVID-19, the Court will not hold the upcoming conference in this case in person. Counsel should submit their joint status letter on ECF no later than the Thursday prior to the conference, the contents of which are described in the Case Management Plan and Scheduling Order. ECF No. 100. In their joint letter, the parties should also indicate whether they can do without a conference altogether. Unless and until the Court orders otherwise, all existing dates and deadlines including, as appropriate, the deadlines for summary judgment motions and/or a proposed joint pretrial order, as set forth in the Case Management Plan and Scheduling Order remain in effect. After reviewing the parties joint status letter, the Court will issue an order indicating whether the conference is cancelled and addressing any other relevant deadlines and information. If a conference is held, it will be by telephone, albeit perhaps at a different time. To that end, if counsel believe that a conference would be appropriate, they should indicate in their joint status letter dates and times during the week of the currently scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/14/21) (yv)
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Filing 120
MEMO ENDORSEMENT on re: #118 Status Report filed by Bright Kids NYC Inc. ENDORSEMENT: It was ill advised for counsel to posit objections and invoke privilege if no documents were actually withheld on those bases. Be that as it may, this letter suggests that there may be no dispute for the Court to resolve. If that is incorrect, counsel shall confer in an effort to resolve whatever remains in dispute before seeking any further Court intervention (by way of a letter-motion, not an ordinary letter or "status report"). In light of the foregoing, the conference scheduled for June 1, 2021, is canceled as unnecessary. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/26/21) (yv)
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Filing 119
ORDER re: #117 Status Report filed by Taylor Kelly, LectureLab, Inc. Plaintiff is ORDERED to file a letter responding to Defendants' letter no later than May 28, 2021. Additionally, the parties are instructed to appear for a conference on June 1, 2021, at 2:00 p.m. The conference will be held remotely by telephone in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) Among other things, the Court's Emergency Individual Rules and Practices in Light of COVID-19 require the parties to submit a joint email to Chambers no later than 24 hours in advance of the conference with the names and telephone numbers of counsel who may speak during the conference. (HEREBY ORDERED by Judge Jesse M. Furman) (Text Only Order) (Furman, Jesse)
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Filing 118
STATUS REPORT. Response to Defendants' Status Report Document filed by Bright Kids NYC Inc...(Medinets, Dov)
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Filing 117
STATUS REPORT. Joint Letter Report per Order of 5-14-21 re Plaintiff's Responses to Ds Discovery Requests Document filed by Taylor Kelly, LectureLab, Inc...(Daniel, Al)
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Filing 116
ORDER granting #115 Letter Motion for Conference re: #115 FIRST LETTER MOTION for Conference re motion to compel discovery by plaintiff addressed to Judge Jesse M. Furman from Al J Daniel Jr - Joint Letter Motion dated 05/10/2021. Per the Case Management Plan and the Court's Individual Rules and Practices, Plaintiff had three business days to respond to this letter. To date, the Court has received no response. Accordingly, the motion is GRANTED as unopposed. Plaintiff shall respond to Defendants' outstanding discove1y requests no later than May 21, 2021. Failure to do so will result in sanctions, up to and including dismissal of the Complaint for failure to prosecute. No later than May 24, 2021, Defendants shall file a status letter confirming whether Plaintiff has complied with this Order. The Clerk of Court is directed to terminate ECF No. 115. (Signed by Judge Jesse M. Furman on 5/14/2021) (rro)
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Filing 115
FIRST LETTER MOTION for Conference re motion to compel discovery by plaintiff addressed to Judge Jesse M. Furman from Al J Daniel Jr - Joint Letter Motion dated 05/10/2021. Document filed by Sara Javed, Taylor Kelly, LectureLab, Inc...(Daniel, Al)
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Filing 114
ORDER SCHEDULING CONFERENCE: A follow-up settlement call in this matter is hereby scheduled for July 1, 2021 at 12:45 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. The parties need not attend this call. Telephone Conference set for 7/1/2021 at 12:45 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 5/4/2021) (nb)
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Filing 113
SECOND LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew S. Berns dated May 3, 2021 re: To advise the Court of the settlement status of the case. Document filed by Sara Javed..(Berns, Andrew)
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Filing 112
MEMO ENDORSEMENT on re: #111 Letter, filed by Sara Javed. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 4/21/2021) (mro)
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Filing 111
LETTER addressed to Magistrate Judge Katharine H. Parker from Andrew S. Berns, Esq. dated April 21, 2021 re: a 10 day extension to respond to Judge Parker regarding the status of ongoing settlement discussions. Document filed by Sara Javed..(Berns, Andrew)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 3/16/2021. (ca)
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Filing 110
ENDORSED LETTER addressed to Judge Jesse M. Furman from Al J. Daniel, Jr. dated 2/16/21 re: scheduled conference. ENDORSEMENT: In light of this letter and the Answers, the conference scheduled for tomorrow is CANCELLED. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/16/21) (yv)
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Filing 109
ANSWER to #93 Counterclaim. Document filed by Bright Kids NYC Inc...(Medinets, Dov)
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Filing 108
ANSWER to #71 Amended Counterclaim,. Document filed by Bright Kids NYC Inc...(Medinets, Dov)
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Filing 107
ORDER, The parties are hereby ORDERED to appear for a conference on February 17, 2021, at 4:00 p.m. to advise the Court as to the parties intentions regarding the Counterclaims. The conference will be held remotely by teleconference in accordance with Rule 2(A) of the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. The parties should join the conference by calling the Court's dedicated conference line at (888) 363-4749 and using access code 542-1540, followed by the pound (#) key. (Members of the public and press may also attend using the same dial-in information; they will not be allowed to speak during the conference.) SO ORDERED. ( Telephone Conference set for 2/17/2021 at 04:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/9/21) (yv)
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Filing 106
ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic settlement conference in this matter is scheduled for Tuesday, March 16, 2021 at 2:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than March 9, 2021 by 5:00 p.m. ( Telephone Conference set for 3/16/2021 at 02:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/1/2021) (mro)
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Filing 105
ORDER denying without prejudice #104 Motion for Entry of Default as to Bright Kids NYC. To obtain a Clerk's Certificate of Default - a prerequisite to moving for entry of a default judgment - Ms. Adams should follow the procedures laid out on the Court's website at https://www.nysd.uscourts.gov/forms/clerks-certificate-default. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Telephone Conference held on 2/1/2021. (ca)
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Filing 104
MOTION for Entry of Default as to Bright Kids NYC, Inc. . Document filed by Alina Adams. (Attachments: #1 Text of Proposed Order Clerk's Certificate of Default, #2 Affidavit Affidavit of T. Edward Williams, Esq. In Support of Clerk's Certificate of Default).(Williams, T. Edward)
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Filing 103
ORDER SCHEDULING DEFAULT JUDGMENT BRIEFING AND SHOW SHOW CAUSE HEARING. It is hereby ORDERED that any motion for default judgment with respect to the Counterclaims shall be filed, in accordance with the Court's Individual Rules and Practices for Civil Cases (available at http://nysd.uscourts.gov/judge/Furman), no later than February 8, 2021. Plaintiff shall file any opposition no later than February 15, 2021. If a motion for default judgment is filed, it is further ORDERED that Plaintiff appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on February 24, 2021, at 4:30 p.m., why an order should not be issued granting a default judgment against Plaintiff with respect to the Counterclaims. Prior to that date, the party seeking default judgment must file the proposed default judgment order electronically, using the ECF Filing Event "Proposed Default Judgment," for the Clerk's approval.SO ORDERED. ( Show Cause Hearing set for 2/24/2021 at 04:30 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.), ( Motions due by 2/8/2021., Responses due by 2/15/2021) (Signed by Judge Jesse M. Furman on 1/25/21) (yv)
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Filing 102
ORDER SCHEDULING TELEPHONE CONFERENCE: This case has been referred to me for settlement purposes (docket no. 101). A telephone conference will be held on Monday, February 1, 2021 at 12:30 p.m. in advance of a settlement conference. The parties are directed to review Judge Parker's Individual Practices at http://nysd.uscourts.gov/judge/Parker concerning settlement conferences in advance of the call. Counsel for the parties are directed to call Judge Parker's Chambers court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. (Telephone Conference set for 2/1/2021 at 12:30 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/15/2021) (rro)
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Filing 101
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Katharine H. Parker. The parties are directed to contact the chambers of Magistrate Judge Parker no later than February 15, 2021 to schedule a settlement conference. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/15/21) (yv)
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Filing 100
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). The parties are free to withhold consent without adverse substantive consequences. Motions due by 2/19/2021. Deposition due by 8/3/2021. Fact Discovery due by 6/21/2021. Expert Discovery due by 8/3/2021. This case is to be tried to a jury. Counsel for the parties have conferred, and the present best estimate of the length of trial is six days. Pretrial Conference set for 6/23/2021 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. On December 23, 2020, Defendant Adams filed an answer to the Amended Complaint, as well as counterclaims. To date, Plaintiff has not answered or otherwise responded to the counterclaims. As a courtesy, the Court grants a nunc pro tunc extension; Plaintiff shall answer or otherwise respond to the counterclaims no later than January 22, 2021. The Court agrees that an initial pretrial conference is not necessary and therefore the conference currently scheduled for January 20, 2021, is hereby CANCELLED. Additionally, counsel should note the deadlines on the previous page. By separate order, the Court will refer this assigned Magistrate Judge for settlement purposes. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/15/21) (yv)
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Set/Reset Deadlines: Bright Kids NYC Inc. answer due 1/22/2021. (yv)
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Filing 99
SUPPLEMENTAL PRE-CONFERENCE STATEMENT for Initial Pretrial Conference scheduled for 1/20/2021 at 4pm. Document filed by Taylor Kelly, LectureLab, Inc.. (Attachments: #1 Text of Proposed Order Corrected Proposed Civil Case Management Plan & Sch. Order).(Daniel, Al)
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Filing 98
JOINT PRE-CONFERENCE STATEMENT . Document filed by Taylor Kelly, LectureLab, Inc.. (Attachments: #1 Text of Proposed Order Proposed Civil Case Management Plan & Sch. Order).(Daniel, Al)
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Filing 97
ORDER: In light of the COVID-19 situation, the Court will not hold the upcoming conference in this case in person. Counsel should submit their proposed case management plan and joint letter by the Thursday prior to the conference, as directed in the Court's earlier Scheduling Order. In their joint letter, the parties should also indicate whether they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial conference by telephone, albeit perhaps at a different time. To that end, counsel should indicate in their joint letter dates and times during the week of the conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://nysd.uscourts.gov/hon-jesse-m-furman. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/11/2021) (ks)
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Filing 96
ORDER: granting #94 Letter Motion to Adjourn Conference. The initial pretrial conference currently scheduled for January 6, 2021 is hereby RESCHEDULED to January 20, 2021 at 4:00 p.m. The Clerk of Court is directed to terminate ECF No. 94. SO ORDERED. Initial Conference set for 1/20/2021 at 04:00 PM before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 12/28/2020) (ama)
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Filing 95
RESPONSE TO ORDER TO SHOW CAUSE re: #92 Order to Show Cause. Document filed by Alina Adams..(Williams, T. Edward)
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Filing 94
JOINT LETTER MOTION to Adjourn Conference on Jan. 6, 2021 addressed to Judge Jesse M. Furman from Al J Daniel Jr - Joint Letter Motion dated 12/23/2020. Document filed by Taylor Kelly, LectureLab, Inc...(Daniel, Al)
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Filing 93
ANSWER to #52 Amended Complaint,., COUNTERCLAIM against Bright Kids NYC Inc.. Document filed by Alina Adams..(Williams, T. Edward)
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Filing 92
ORDER TO SHOW CAUSE. It is hereby ORDERED that, no later than December 28, 2020, Defendant Adams shall show good cause in writing why she should not be deemed to be in default. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/21/20) (yv)
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Filing 91
OPINION AND ORDER re: #75 SECOND MOTION to Dismiss . filed by Bright Kids NYC Inc., Bige Doruk, #57 MOTION to Dismiss Plaintiff's Amended Complaint. filed by Alina Adams. Adams's motion to dismiss the Amended Complaint is granted as to all claims other than the Lanham Act claims, the motion of Bright Kids and Doruk to dismiss counterclaims three through eight is granted, and the motion to strike is denied. Further, the Court declines to grant Bright Kids, Doruk, Kelly, or LectureLab leave to amend their dismissed claims. Although leave to amend a complaint should be freely given "when justice so requires," Fed. R. Civ. P. 15(a)(2), it is "within the sound discretion of the district court to grant or deny leave to amend," Ahmed v. GEO USA LLC, No. 14-CV-7486 (JMF), 2015 WL 1408895, at *5 (S.D.N.Y. Mar. 27, 2015) (internal quotation marks omitted). Here, none of the parties request leave to amend or suggest that they are in possession of facts that would cure the problems with their claims. See, e.g., Clark v. Kitt, No. 12-CV-8061 (CS), 2014 WL 4054284, at *15 (S.D.N.Y. Aug. 15, 2014). Additionally, the Court granted each side leave to amend their pleadings in response to the other side's motion to dismiss and explicitly warned that the side would "not be given any further opportunity to amend the [pleading] to address issues raised by the motion to dismiss." ECF Nos. 46, 66; see, e.g., Transeo S.A.R.L. v. Bessemer Venture Partners VI L.P., 936 F. Supp. 2d 376, 415 (S.D.N.Y. 2013) ("Plaintiff's failure to fix deficiencies in its previous pleadings is alone sufficient ground to deny leave to amend sua sponte." (citing cases)). And finally, many of the problems with the dismissed claims are substantive or jurisdictional, so amendment would be futile. See, e.g., Maragh v. Roosevelt Island Operating Corp., No. 16-CV-7530 (JMF), 2018 WL 6573452, at *6 (S.D.N.Y. Dec. 13, 2018); Croft v. AXA Equitable Life Ins. Co., No. 17-CV-9355 (JMF), 2018 WL 4007646, at *5 (S.D.N.Y. Aug. 22, 2018). Unless and until the Court orders otherwise, Adams shall file her answer to the Lanham Act claims within three weeks of the date of this Opinion and Order. In addition, the initial pretrial conference is reinstated and scheduled for January 6, 2021, at 4:00 p.m. The conference will be governed by the Court's notice of initial conference, see ECF No. 2, and the parties should prepare accordingly, including by submitting a joint status letter and proposed case management plan no later than the Thursday prior to the conference. The Clerk of Court is directed to terminate Dornuk as a party (because the only counterclaims naming Dornuk have been dismissed) and to terminate ECF Nos. 57 & 75. SO ORDERED., (Bige Doruk (Counterclaim Defendant), Bige Doruk (Counterclaim Defendant) and Bige Doruk (Counterclaim Defendant) terminated.) (Signed by Judge Jesse M. Furman on 11/24/20) (yv)
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Set/Reset Hearings: Initial Conference set for 1/6/2021 at 04:00 PM before Judge Jesse M. Furman. (yv)
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Filing 90
SUPPLEMENTAL BRIEF . Document filed by Alina Adams..(Williams, T. Edward)
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Filing 89
SUPPLEMENTAL MEMORANDUM OF LAW in Opposition re: #57 MOTION to Dismiss Plaintiff's Amended Complaint. Supplemental Memorandum of Law on Continuity Pursuant to Courts Order of 2/20/20. Document filed by Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant)..(Medinets, Dov)
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Filing 88
ORDER granting #87 Letter Motion for Extension of Time: Application GRANTED. The parties shall file supplemental briefs no later than today. The parties are reminded, however, that pursuant to Section 1.E of the Court's Individual Rules and Practices, extension requests must generally be filed at least 48 hours in advance of the deadline. The Clerk of Court is directed to terminate ECF No. 87. (Brief due by 3/3/2020.) (Signed by Judge Jesse M. Furman on 3/3/2020) (jwh)
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Filing 87
JOINT LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from T. Edward Williams, Esq. and Dov Madinets, Esq. dated March 2, 2020. Document filed by Alina Adams..(Williams, T. Edward)
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Filing 86
ORDER. No later than March 2, 2020, Plaintiff Bright Kids NYC Inc. and Defendant Alina Adams shall submit supplemental memoranda of law, not to exceed five pages each, addressing the following question as further set forth in this Order. SO ORDERED. (Signed by Judge Jesse M. Furman on 2/20/20) (yv)
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Filing 85
LETTER addressed to Judge Jesse M. Furman from Dov Medinets, Esq. dated September 10, 2019 re: Courtesy Copies of Motion Papers. Document filed by Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant).(Medinets, Dov)
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Filing 84
REPLY MEMORANDUM OF LAW in Support re: #75 SECOND MOTION to Dismiss . . Document filed by Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant). (Medinets, Dov)
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Filing 83
DECLARATION of Al J. Daniel, Jr., Esq. (duplicate, necessary to file Exhibit 1) in Opposition re: #75 SECOND MOTION to Dismiss .. Document filed by Taylor Kelly, LectureLab, Inc.. (Attachments: #1 Exhibit Daniel Decl Exhibit 1 Part 1, #2 Exhibit Daniel Decl Exhibit 1 Part 2, #3 Exhibit Daniel Decl Exhibit 1 Part 3)(Daniel, Al)
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Filing 82
MEMORANDUM OF LAW in Opposition re: #75 SECOND MOTION to Dismiss . . Document filed by Taylor Kelly, LectureLab, Inc.. (Attachments: #1 Affidavit Declaration of Al J. Daniel, Jr.)(Daniel, Al)
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Filing 81
MEMO ENDORSEMENT on re: #80 Letter correcting erroneous Docket Text Entry #79, filed by Taylor Kelly, LectureLab, Inc. ENDORSEMENT: The Clerk of Court is directed to re-add Mr. Daniel as counsel for LectureLab, Inc. and to amend the Court's August 28, 2019 Order, ECF No. 79, removing Mr. Daniel's name and indicating that only Mr. Dugan is terminated from the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/30/19) (yv)
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Filing 80
LETTER addressed to Judge Jesse M. Furman from Al J. Daniel, Jr., Esq. dated August 28, 2019 re: correct erroneous Docket Text Entry #79 (no appropriate motion category available). Document filed by Taylor Kelly, LectureLab, Inc..(Daniel, Al)
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Filing 79
CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the Court, Defendant Sara Javed substitutes Andrew S. Berns, Esq., of the Firm of Einhorn, Barbarito, Frost & Botwinick, PC, New Jersey State Bar No. 023061987 as counsel of record in place of Mark P. Dugan, Esq. of the Firm of Triarsi, Bentacourt, Wukovitz & Dugan, LLC; and as further set forth in this Order. SO ORDERED. Attorney Mark Dugan terminated. (Signed by Judge Jesse M. Furman on 8/28/2019) (jca) Modified on 8/30/2019 (yv).
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Filing 78
PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Sara Javed. (Berns, Andrew)
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Filing 77
MEMO ENDORSEMENT on re: #74 Notice of Substitution of Attorney, filed by Sara Javed. ENDORSEMENT: The motion to substitute is DENIED without prejudice to renewal in accordance with Local Civil Rule 1.4 (which, among other things, requires counsel to provide sufficient reasons for substitution or withdrawal). SO ORDERED. (Signed by Judge Jesse M. Furman on 8/21/2019) (jca)
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Filing 76
ORDER denying as moot #63 Motion to Dismiss. Bright Kids NYC Inc. and Bige Doruk's earlier motion to dismiss is denied as moot in light of their motion filed on August 20, 2019. Any response to the new motion shall be filed by September 3, 2019. Any reply shall be filed by September 10, 2019. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. SO ORDERED. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 75
SECOND MOTION to Dismiss . Document filed by Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant). (Attachments: #1 Memorandum of Law, #2 Affirmation, #3 Exhibit Exhibit A)(Medinets, Dov)
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Filing 74
NOTICE of Substitution of Attorney. Old Attorney: Mark P. Dugan, New Attorney: Andrew S. Berns, Address: Einhorn, Barbarito, Frost & Botwinick, PC, 165 East Main Street, Denville, New Jersey, United States 07834, 973-627-7300. Document filed by Sara Javed. (Berns, Andrew)
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Filing 73
ORDER granting #72 Motion for Andrew Seth Berns to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 72
MOTION for Andrew Seth Berns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17408309. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sara Javed. (Attachments: #1 Affidavit, #2 Exhibit, #3 Text of Proposed Order)(Berns, Andrew)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #72 MOTION for Andrew Seth Berns to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17408309. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 71
AMENDED COUNTERCLAIM amending #53 Answer to Amended Complaint, Crossclaim, Counterclaim against Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant).Document filed by Taylor Kelly, LectureLab, Inc.. Related document: #53 Answer to Amended Complaint, Crossclaim, Counterclaim.(Daniel, Al)
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Filing 70
ORDER denying #69 Letter Motion to Reopen and Amend June 24, 2019 ECF Entry. Adams's motion seeks unnecessary relief and is therefore DENIED as moot. Any claims dropped from the complaint upon Plaintiffs' amendment are no longer pending and need not be dismissed. In any event, the Court's Order of May 30, 2019 advised Adams that if she filed a new motion to dismiss, the Court would deny her previously filed motion as moot. ECF No. #50 , at 1. Had any relief from that Order been necessary, Adams had time and opportunity to seek it when filing her present motion to dismiss. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 69
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Reopen and Amend June 24, 2019 ECF Entry addressed to Judge Jesse M. Furman from T. Edward Williams, Esq. dated July 24, 2019. Document filed by Alina Adams.(Williams, Edward) Modified on 9/25/2019 (ldi).
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Filing 68
ORDER granting #67 Letter Motion for Extension of Time. The deadline to file any reply brief is hereby EXTENDED, nunc pro tunc, to July 24, 2019. The Court extends its congratulations to counsel and his family. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 67
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from T. Edward Williams, Esq. dated July 16, 2019. Document filed by Alina Adams.(Williams, Edward)
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Filing 66
CORRECTED SCHEDULING ORDER: Accordingly, it is hereby ORDERED that Kelly and LectureLab shall file any amended counterclaim by August 1, 2019. Kelly and LectureLab will not be given any further opportunity to amend the Counterclaim to address issues raised by the motion to dismiss. If Kelly and LectureLab do amend, by three (3) weeks after the amended counterclaim is filed, Bright Kids and Doruk shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to dismiss. If Bright Kids and Doruk file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Bright Kids and Doruk file a new motion to dismiss such an amended counterclaim, any opposition shall be filed within fourteen days of the motion, and any reply shall be filed within seven days of any opposition. Finally, it is ORDERED that the initial pretrial conference previously scheduled for August 7, 2019 is ADJOURNED sine die. SO ORDERED. (Signed by Judge Jesse M. Furman on 7/15/2019) (ne)
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Filing 65
SCHEDULING ORDER: Accordingly, it is hereby ORDERED that Kelly and LectureLab shall file any amended complaint by August 1, 2019. Kelly and LectureLab will not be given any further opportunity to amend the Counterclaim to address issues raised by the motion to dismiss. If Kelly and LectureLab do amend, by three (3) weeks after the amended counterclaim is filed, Bright Kids and Doruk shall: (1) file an answer; (2) file a new motion to dismiss; or (3) file a letter on ECF stating that they rely on the previously filed motion to dismiss. If Bright Kids and Doruk file an answer or a new motion to dismiss, the Court will deny the previously filed motion to dismiss as moot. If Bright Kids and Doruk file a new motion to dismiss such an amended counterclaim, any opposition shall be filed within fourteen days of the motion, and any reply shall be filed within seven days of any opposition. If no amended complaint is filed, Kelly and LectureLab shall serve any opposition to Bright Kids and Doruk's pending motion to dismiss by August 1, 2019. Bright Kids and Doruk's reply, if any, shall be served by August 8, 2019. At the time any reply is served, the moving party shall supply the Court with one, double-sided courtesy hard copy of all motion papers by mailing or delivering them to the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Finally, it is ORDERED that the initial pretrial conference previously scheduled for August 7, 2019 is ADJOURNED sine die. SO ORDERED. Amended Pleadings due by 8/1/2019. (Signed by Judge Jesse M. Furman on 7/15/2019) (jca)
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Filing 64
MEMORANDUM OF LAW in Support re: #63 MOTION to Dismiss . . Document filed by Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant). (Attachments: #1 Affidavit Affirmation in support, #2 Exhibit Pay Stubs)(Medinets, Dov)
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Filing 63
MOTION to Dismiss . Document filed by Bright Kids NYC Inc., Bige Doruk(Counterclaim Defendant).(Medinets, Dov)
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Filing 62
ANSWER to #54 Crossclaim. Document filed by Alina Adams, Taylor Kelly, LectureLab, Inc..(Daniel, Al)
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Filing 61
MEMORANDUM OF LAW in Opposition re: #57 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Bright Kids NYC Inc.. (Medinets, Dov)
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Filing 60
ANSWER to #53 Crossclaim. Document filed by Sara Javed.(Dugan, Mark)
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Filing 59
ORDER denying as moot #43 Motion to Dismiss. Alina Adams's earlier motion to dismiss is denied as moot in light of her motion filed on June 21, 2019. Any response to the new motion shall be filed by July 8, 2019. Any reply shall be filed by July 15, 2019. At the time any reply is served, the moving party shall deliver or mail one courtesy hard copy of all motion papers to the Court. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 58
MEMORANDUM OF LAW in Support re: #57 MOTION to Dismiss Plaintiff's Amended Complaint. . Document filed by Alina Adams. (Williams, Edward)
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Filing 57
MOTION to Dismiss Plaintiff's Amended Complaint. Document filed by Alina Adams. Responses due by 7/5/2019(Williams, Edward)
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Filing 56
AFFIDAVIT OF SERVICE of Answer to Amended Complaint and Cross Claim. Document filed by Sara Javed. (Dugan, Mark)
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Filing 55
CERTIFICATE OF SERVICE of Answer Amend Compl, Counterclaims & Crossclaim served on BIGE DORUK on JUNE 20, 2019. Service was made by MAIL. Document filed by Taylor Kelly, LectureLab, Inc.. (Daniel, Al)
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Filing 54
ANSWER to #52 Amended Complaint, with JURY DEMAND., CROSSCLAIM against Alina Adams, Taylor Kelly, LectureLab, Inc.. Document filed by Sara Javed. (Attachments: #1 Letter, #2 Affidavit Affirmation of Filing)(Dugan, Mark)
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Filing 53
ANSWER to #52 Amended Complaint, with JURY DEMAND., CROSSCLAIM against Sara Javed., COUNTERCLAIM against Bright Kids NYC Inc., Bige Doruk. Document filed by LectureLab, Inc., Taylor Kelly.(Daniel, Al)
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Filing 52
AMENDED COMPLAINT amending #49 Amended Complaint, against Alina Adams, Sara Javed, Taylor Kelly, LectureLab, Inc..Document filed by Bright Kids NYC Inc.. Related document: #49 Amended Complaint,. (Attachments: #1 Exhibit Kelly Contract, #2 Exhibit Javed Contract, #3 Exhibit Bright Kids Trademarks, #4 Exhibit Bright Kids Copyrights)(Medinets, Dov)
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Filing 51
CERTIFICATE OF SERVICE of Scheduling Order Dkt. #50 served on Bige Doruk on May 30, 2019. Service was made by Mail. Document filed by Taylor Kelly, LectureLab, Inc.. (Daniel, Al)
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Filing 50
SCHEDULING ORDER: Pursuant to the Court's Order of May 14, 2019, by June 20, 2019, Defendant Alina Adams shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying Plaintiff, stating that she relies on her previously filed motion to dismiss. See Docket No. 46. Further, in light of Plaintiffs' amendment, the deadlines to answer or otherwise respond to the Crossclaims and Counterclaim set forth in the Court's Order of May 14, 2019 are vacated. Instead, the following schedule shall govern further proceedings in this case: All Defendants shall answer or otherwise respond to the Amended Complaint, including by filing any amended crossclaims or counterclaims, by June 20, 2019. All parties shall answer or otherwise respond to any crossclaims or counterclaims then pending against them by July 11, 2019. If any motion to dismiss is filed, the nonmoving party shall file any opposition within fourteen days. Any reply shall be filed within seven days of any opposition. At the time the reply is served, the moving party shall mail or deliver one courtesy hard copy of all motion papers to the Court at 40 Centre Street, New York, New York 10007. It is further ORDERED that the initial pretrial conference previously scheduled for July 1, 2019 is ADJOURNED to August 7, 2019, at 3:15 p.m. Pursuant to the Court's Order of February 8, 2019, all remaining parties (including any new parties) are required to submit a joint letter addressing certain topics and proposed case management plan no later than the Thursday prior to the initial pretrial conference. See Docket No. 2, at 1-2. Finally, should the parties collectively agree that it would be fruitful to participate in settlement discussions under the supervision of either the designated Magistrate Judge or the Court-annexed mediation program prior to the initial pretrial conference, they should submit a joint letter to that effect. (Initial Conference set for 8/7/2019 at 03:15 PM before Judge Jesse M. Furman.) Alina Adams answer due 7/11/2019; Bright Kids NYC Inc. answer due 7/11/2019; Bige Doruk answer due 7/11/2019; Sara Javed answer due 7/11/2019; Taylor Kelly answer due 7/11/2019; LectureLab, Inc. answer due 7/11/2019. (Signed by Judge Jesse M. Furman on 5/30/2019) (ne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Dov Ber Medinets to RE-FILE re: Document No. #49 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; (Trever Eymard and Mingde Aixin Education Technology Company Limited have been terminated and must be added again if they are active parties to the case). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)
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Filing 49
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending #1 Complaint against Alina Adams, Sara Javed, Taylor Kelly, LectureLab, Inc.. Document filed by Bright Kids NYC Inc.. Related document: #1 Complaint. (Attachments: #1 Exhibit Employment Contract- Kelly, #2 Exhibit Employment Contract - Javed, #3 Exhibit Bright Kids Trademarks, #4 Exhibit Bright Kids Copyrights)(Medinets, Dov) Modified on 5/30/2019 (sj).
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Filing 48
AMENDED ANSWER to with JURY DEMAND., CROSSCLAIM against All Defendants. Document filed by Sara Javed. (Dugan, Mark)
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Filing 47
AFFIDAVIT OF SERVICE of Counterclaim Summons & Counterclaim served on Bige Doruk on 5/17/2019 (effective 5/28/2019). Service was made by Mail. Document filed by Taylor Kelly, LectureLab, Inc.. (Daniel, Al)
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Filing 46
Vacated as per Judge's Order dated 5/30/2019, Doc. # 50 ORDER, It is hereby ORDERED that Plaintiff shall file any amended complaint by May 29, 2019. Plaintiff will not be given any further opportunity to amend the complaint to address issues raised by the motion to dismiss. It is further ORDERED that if no amended complaint is filed, briefing on Defendant Adams' motion to dismiss shall follow the schedule set forth in the Court's Order of April 1, 2019: any brief in opposition to the motion shall be filed by June 7, 2019, and any reply in support of such a motion shall be filed by June 21, 2019. See Docket No. 29. At the time any reply is served, the moving party shall supply the Court with one courtesy hard copy of all motion papers by mailing or delivering them to the Chambers of Judge Furman, Thurgood Marshall United States Courthouse, 40 Centre Street, New York, New York. Defendant Javed is granted leave to file an Amended Answer by May 17, 2019. See Docket No. 45. In addition, to minimize duplicative filings, absent leave of Court the parties are directed to coordinate and file joint answers and/or motions to dismiss each Crossclaim or Counterclaim, respectively. The deadlines for each of those filings are hereby EXTENDED as follows: All defendants to Defendant Javed's Crossclaim shall jointly answer or otherwise respond to that Crossclaim by June 7, 2019; Defendant Javed shall answer or otherwise respond to Defendants Kelly and LectureLab, Inc.'s Crossclaim by June 7, 2019; Plaintiff-Counterclaim Defendant Bright Kids NYC Inc. and Counterclaim Defendant Bige Doruk shall jointly answer or otherwise respond to the Counterclaim by June 7, 2019, or twenty-one days after service of the summons and Crossclaim on Doruk, whichever is later. It is further ORDERED that the initial pretrial conference previously scheduled for May 22, 2019 is ADJOURNED to July 1, 2019, at 3:30 p.m. Pursuant to the Court's Order of February 8, 2019, all remaining parties (including any new parties) are required to submit a joint letter addressing certain topics and proposed case management plan no later than the Thursday prior to the initial pretrial conference. See Docket No. 2, at 1-2. SO ORDERED. (Alina Adams answer due 6/7/2019; Sara Javed answer due 6/7/2019; Taylor Kelly answer due 6/7/2019; LectureLab, Inc. answer due 6/7/2019.) (Amended Pleadings due by 5/29/2019., Initial Conference set for 7/1/2019 at 03:30 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 5/14/19) (yv) Modified on 5/30/2019 (ne).
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Filing 45
LETTER addressed to Judge Jesse M. Furman from Mark P. Dugan, Esq. dated May 13, 2019 re: Filing an Amended Answer. Document filed by Sara Javed.(Dugan, Mark)
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Filing 44
ELECTRONIC SUMMONS ISSUED as to Bige Doruk. (sj)
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Filing 43
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss . Document filed by Alina Adams. Responses due by 8/29/2019 (Attachments: #1 Memorandum of Law in Support of Motion to Dismiss)(Williams, Edward) Modified on 7/1/2019 (ldi).
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Filing 42
REQUEST FOR ISSUANCE OF SUMMONS as to Bige Doruk, re: #41 Answer to Complaint,, Answer to Crossclaim,,,, Counterclaim,. Document filed by Taylor Kelly, LectureLab, Inc.. (Daniel, Al)
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Filing 41
ANSWER to #1 Complaint, #39 Answer to Complaint, Crossclaim with JURY DEMAND., ANSWER to #1 , #39 Crossclaim., CROSSCLAIM against Sara Javed., COUNTERCLAIM against Bright Kids NYC Inc., Bige Doruk. Document filed by Taylor Kelly, LectureLab, Inc..(Daniel, Al)
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Filing 40
AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LectureLab, Inc..(Daniel, Al)
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Filing 39
ANSWER to #1 Complaint,., CROSSCLAIM against All Defendants. Document filed by Sara Javed.(Dugan, Mark)
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Filing 38
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LectureLab, Inc..(Daniel, Al) Modified on 5/8/2019 (lb).
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Filing 37
ORDER granting #36 Letter Motion for Leave to File Separate Answer and Possible Cross Claims. Pursuant to the Court's Order of earlier today, see Docket No. 35 , Defendant Javed may file a separate answer and any counterclaims by May 8, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 36
LETTER MOTION for Leave to File Separate Answer and Possible Cross Claims addressed to Judge Jesse M. Furman from Mark P. Dugan, Esq. dated May 1st 2019. Document filed by Sara Javed.(Dugan, Mark)
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Filing 35
ORDER granting #34 Letter Motion for Leave to File Separate Answer & Ctrclm for Ds Kelly & LectureLab. Defendants Taylor Kelly and LectureLab, Inc. may file their joint answer and any counterclaims separately from Defendant Javed, who may file an answer of her own. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 34
LETTER MOTION for Leave to File Separate Answer & Ctrclm for Ds Kelly & LectureLab addressed to Judge Jesse M. Furman from Al J. Daniel, Jr. dated 4/30/2019. Document filed by Taylor Kelly, LectureLab, Inc..(Daniel, Al)
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Filing 33
ORDER: In light of counsel's appearance in this action on behalf of Defendant Sara Javed, see Docket No. 32, it is hereby ORDERED that Defendant Javed's deadline to answer or otherwise respond to the Complaint is hereby EXTENDED, nunc pro tunc, to May 8, 2019. Defendant Javed shall coordinate with the other Defendants in this action and like the other Defendants shall join in either the single, joint answer or the single, joint motion to dismiss. See Docket No. 29, at 1. In light of the foregoing, the Show Cause Hearing previously scheduled for May 1, 2019 is CANCELED, as is the default-judgment briefing schedule previously set with respect to Defendant Javed. See Docket 29, at 1. All other dates and deadlines, including the schedules for Defendants' joint answer and joint motion to dismiss, respectively, remain in effect. See id. SO ORDERED. (Signed by Judge Jesse M. Furman on 4/12/2019) (jca)
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Filing 32
NOTICE OF APPEARANCE by Mark Dugan on behalf of Sara Javed. (Dugan, Mark)
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Filing 31
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff Bright Kids NYC Inc. and or its counsel hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant Trever Eymard. The Clerk of Court is directed to terminate Trever Eymard as a Defendant in this action. SO ORDERED. Trever Eymard terminated. (Signed by Judge Jesse M. Furman on 4/2/2019) (ne)
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Filing 30
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Trever Eymard. Document filed by Bright Kids NYC Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Medinets, Dov)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #30 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt)
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Filing 29
SCHEDULING ORDER: In light of the foregoing, it is hereby ORDERED that any motion for default judgment against Defendant Javed shall be filed no later than April 15, 2019. Defendant Javed shall file any opposition to the motion for default judgment no later than April 22, 2019. If a motion for default judgment is filed, it is further ORDERED that Defendant Javed appear and show cause before this Court, Courtroom 1105 of the Thurgood Marshall Courthouse, 40 Centre Street, New York, New York, on May 1, 2019, at 3:45 p.m., why an order should not be issued granting a default judgment against her. In light of the foregoing, the deadlines governing Defendants' forthcoming joint answer and joint motion-to-dismiss are hereby EXTENDED as follows: Any joint answer and counterclaims shall be filed no later than May 8, 2019. Any joint motion to dismiss shall be filed by May 8, 2019; any brief in opposition to such a motion shall be filed by June 7, 2019; and any reply in support of such a motion shall be filed by June 21, 2019. In addition, the initial pretrial conference previously scheduled for May 15, 2019 is hereby ADJOURNED to May 22, 2019, at 3:30 p.m.; the Court will reserve judgment on whether that conference should be adjourned or cancelled pending resolution of any motion to dismiss until after such a motion has been filed. (Alina Adams answer due 5/8/2019; Trever Eymard answer due 5/8/2019; Sara Javed answer due 5/8/2019; Taylor Kelly answer due 5/8/2019; LectureLab, Inc. answer due 5/8/2019. Motions due by 5/8/2019, Responses due by 6/7/2019, Replies due by 6/21/2019. Initial Conference set for 5/22/2019 at 03:30 PM before Judge Jesse M. Furman. Show Cause Hearing set for 5/1/2019 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 4/1/2019) (ne)
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Filing 28
NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): Pursuant to F.R.C.P. 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, Plaintiff, Bright Kids NYC Inc., hereby gives notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant MINGDE AIXIN EDUCATION TECHNOLOGY COMPANY LIMITED a/k/a MATILDA ACADEMY. The Clerk of Court is directed to terminate Mingde Aixin Education Technology Company Limited as a Defendant in this action. Mingde Aixin Education Technology Company Limited terminated. (Signed by Judge Jesse M. Furman on 3/28/2019) (cf)
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Filing 27
NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Mingde Aixin Education Technology Company Limited. Document filed by Bright Kids NYC Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).. (Medinets, Dov)
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Filing 26
AFFIDAVIT OF SERVICE. Sara Javed served on 3/8/2019, answer due 3/29/2019. Service was accepted by Nathaniel Tomkowski. Document filed by Bright Kids NYC Inc.. (Medinets, Dov)
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***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #27 Notice of Voluntary Dismissal was reviewed and referred to Judge Jesse M. Furman for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km)
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Filing 25
MEMO ENDORSEMENT on re: #23 Letter filed by Taylor Kelly, LectureLab, Inc. ENDORSEMENT: The Court adopts the proposed briefing schedule and page limits as to Defendants Kelly, LectureLab, Eymard, and Adams, but modified as follows: Any answer and counterclaims shall be filed no later than April 12, 2019, jointly by all answering or counterclaiming Defendants. Any motion to dismiss the complaint, and any memorandum of law in support of such a motion not to exceed 35 pages shall be filed no later than April 12, 2019, jointly by all moving Defendants. Any brief in opposition to such a motion not to exceed 35 pages shall be filed no later than May 13, 2019. Any reply brief not to exceed 15 pages shall be filed no later than May 31, 2019, jointly by all moving Defendants. Finally, Plaintiff shall file proof of service within two business days of effecting service on any remaining unserved Defendants. SO ORDERED. (Alina Adams answer due 4/12/2019; Trever Eymard answer due 4/12/2019; Taylor Kelly answer due 4/12/2019; LectureLab, Inc. answer due 4/12/2019. Motions due by 4/12/2019., Responses due by 5/13/2019, Replies due by 5/31/2019.) (Signed by Judge Jesse M. Furman on 3/20/2019) (jca)
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Filing 24
LETTER addressed to Judge Jesse M. Furman from Dov Medinets, Esq. dated March 19, 2019 re: Service on Defendant Mingde. Document filed by Bright Kids NYC Inc..(Medinets, Dov)
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Filing 23
JOINT LETTER addressed to Judge Jesse M. Furman from Al J. Daniel, Jr. dated 3/19/2019 re: Defs. Counsel Response to Order of 3/11/19. Document filed by Taylor Kelly, LectureLab, Inc..(Daniel, Al)
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Filing 22
NOTICE OF APPEARANCE by Steven David Skolnik on behalf of Trever Eymard. (Skolnik, Steven)
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Filing 21
ORDER: The Court would like to minimize duplicative filings as much as possible. To that end, counsel for all Defendants who have appeared shall promptly confer and, no later than March 19, 2019, submit a joint letter indicating whether each Defendant intends to file an answer or a motion in response to the Complaint. Any and all Defendants who intend to file a motion shall provide a brief description of the basis for the motion and shall propose a briefing schedule and structure (with proposed page lengths). In order to minimize duplicative briefing, unless and until the Court orders otherwise, any motion to dismiss the Complaint shall be filed and briefed jointly by all moving Defendants. Finally, no later than March 19, 2019, Plaintiff shall submit a letter updating the Court on its efforts to serve Defendant Mingde Aixin Education Technology Company Limited. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/11/2019) (ne)
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Filing 20
ORDER granting #19 Letter Motion for Extension of Time to Answer. The deadline for Defendants Taylor Kelly and Lecture Lab, Inc. to answer or otherwise respond to the Complaint is hereby EXTENDED to April 12, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 19
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Al J. Daniel, Jr. dated 03/11/2019. Document filed by Taylor Kelly, LectureLab, Inc..(Daniel, Al)
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Filing 18
NOTICE OF APPEARANCE by Al J. Daniel, Jr on behalf of Taylor Kelly, LectureLab, Inc.. (Daniel, Al)
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Filing 17
AFFIDAVIT OF SERVICE. Taylor Kelly served on 2/25/2019, answer due 3/18/2019. Document filed by Bright Kids NYC Inc.. (Medinets, Dov)
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Filing 16
AFFIDAVIT OF SERVICE. Trever Eymard served on 2/20/2019, answer due 3/13/2019. Document filed by Bright Kids NYC Inc.. (Medinets, Dov)
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Filing 15
AFFIDAVIT OF SERVICE. LectureLab, Inc. served on 2/19/2019, answer due 3/12/2019. Service was accepted by Gary Damini, Managing Agent. Document filed by Bright Kids NYC Inc.. (Medinets, Dov)
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Filing 14
AFFIDAVIT OF SERVICE. Alina Adams served on 2/14/2019, answer due 3/7/2019. Document filed by Bright Kids NYC Inc.. (Medinets, Dov)
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Filing 13
ORDER: As it now appears that multiple Defendants in this case have been served, no later than March 11, 2019, Plaintiff shall file proof of service on the docket with respect to any Defendant it believes to have been served as of that date. Failure to do so may result in sanctions. SO ORDERED. (Signed by Judge Jesse M. Furman on 3/11/2019) (Text Only Order) (Furman, Jesse)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. The deadline for Defendant Alina Adams to answer or otherwise respond to the Complaint is hereby EXTENDED to April 12, 2019. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 11
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from T. Edward Williams, Esq. dated March 8, 2019. Document filed by Alina Adams.(Williams, Edward)
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Filing 10
NOTICE OF APPEARANCE by Edward Williams on behalf of Alina Adams. (Williams, Edward)
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Filing 9
ORDER granting #7 Letter Motion for Extension of Time to Answer. The deadline for Defendant Trever Eymard to answer or otherwise respond to the Complaint is hereby EXTENDED to April 12, 2019. Plaintiff shall promptly file proof of service on the docket with respect to any defendant that it believes to have been served. (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse)
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Filing 8
NOTICE OF APPEARANCE by Noah Potter on behalf of Trever Eymard. (Potter, Noah)
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Filing 7
LETTER MOTION for Extension of Time addressed to Judge Jesse M. Furman from Steven D. Skolnik, Esq. dated March 7, 2019. Document filed by Trever Eymard.(Potter, Noah)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Alina Adams, Sara Javed, Taylor Kelly, LectureLab, Inc., Mingde Aixin Education Technology Company Limited. (dnh)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Dov Ber Medinets to RE-FILE Document No. #3 Civil Cover Sheet. The filing is deficient for the following reason(s): the form used for the civil cover sheet is not the official S.D.N.Y. Civil Cover Sheet form dated June 2017. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at#http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (dnh)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to TAYLOR KELLY, SARA JAVED, TREVER EYMARD, ALINA ADAMS, LECTURELAB, INC., and MINGDE AIXIN EDUCATION TECHNOLOGY COMPANY LIMITED a/k/a MATILDA ACADEMY, re: #1 Complaint,. Document filed by Bright Kids NYC Inc.. (Medinets, Dov)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Bright Kids NYC Inc..(Medinets, Dov)
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Filing 3
FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Medinets, Dov) Modified on 2/12/2019 (dnh).
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Filing 2
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/15/2019 at 03:45 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman. (Signed by Judge Jesse M. Furman on 2/8/2019) (ks) Modified on 2/8/2019 (ks).
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***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Dov Ber Medinets. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dov Ber Medinets. The party information for the following party/parties has been modified: MINGDE AIXIN EDUCATION TECHNOLOGY COMPANY LIMITED. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; alias party name was omitted;. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc)
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Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc)
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Case Designated ECF. (pc)
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Filing 1
COMPLAINT against Alina Adams, Sara Javed, Taylor Kelly, LectureLab, Inc., MINGDE AIXIN EDUCATION TECHNOLOGY COMPANY LIMITED. (Filing Fee $ 400.00, Receipt Number ANYSDC-16309710)Document filed by Bright Kids NYC Inc.. (Attachments: #1 Exhibit Exhibit A - Kelly Contract, #2 Exhibit Exhibit B - Javed Contract, #3 Exhibit Exhibit C - Bright Kids' Trademarked Logo, #4 Exhibit Exhibit D - Bright Kids' Coyrights)(Medinets, Dov)
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