Sprint Spectrum L.P. et al v. AT&T Inc.
| Sprint Spectrum L.P., Sprint/United Management Company and SprintCom, Inc. |
| AT&T Inc. and AT&T Mobility LLC |
| 1:2019cv01215 |
| February 7, 2019 |
| US District Court for the Southern District of New York |
| Vernon S Broderick |
| Trademark |
| 15 U.S.C. § 1125 la |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 18, 2019. A more recent docket listing may be available from PACER.
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Filing 100
ORDER: I am in receipt of Defendant's motion to take judicial notice, (Doc. 84), and motion to exclude expert testimony, (Doc. 96). Accordingly, it is hereby: ORDERED that the parties shall appear for a telephonic status conference today, April 18, 2019, at 1:30 p.m. Counsel for Defendant is directed to provide Plaintiffs and the Court, via email at BroderickNYSDChambers@nysd.uscourts.gov, with one dial-in number and one meeting code that all of the parties will use for the telephone conference. SO ORDERED. (Telephone Conference set for 4/18/2019 at 01:30 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 4/18/2019) (rro)
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Filing 99
MEMO ENDORSEMENT on re: #87 Letter, filed by AT&T Mobility LLC. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Defendant shall file the redacted papers on the public docket no later than April 19, 2019. (Signed by Judge Vernon S. Broderick on 4/18/2019) (rro)
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| Filing 101 SEALED DOCUMENT placed in vault.(rz) |
| Filing 98 DECLARATION of Peter Marketos in Support re: #96 MOTION to Exclude the Expert Testimony of Hal Poret re: #90 Declaration in Support, .. Document filed by AT&T Mobility LLC. (Attachments: #1 Ex. 1 Poret Deposition, #2 Ex. 2 Poret Depo. Ex. 62, #3 Ex. 3 Desicare Report, #4 Ex. 4 Bauer Report)(Marketos, Peter) |
| Filing 97 MEMORANDUM OF LAW in Support re: #96 MOTION to Exclude the Expert Testimony of Hal Poret re: #90 Declaration in Support, . . Document filed by AT&T Mobility LLC. (Marketos, Peter) |
| Filing 96 MOTION to Exclude the Expert Testimony of Hal Poret re: #90 Declaration in Support, . Document filed by AT&T Mobility LLC. (Attachments: #1 Text of Proposed Order)(Marketos, Peter) |
| Filing 95 NOTICE OF APPEARANCE by Nicole Bergstrom on behalf of Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Bergstrom, Nicole) |
| Filing 94 MEMORANDUM OF LAW in Support re: #18 Order to Show Cause,,,,,,,, (Redacted). Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
| Filing 93 DECLARATION of Craig B. Whitney in Support re: #18 Order to Show Cause,,,,,,,,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit 52 (Redacted), #2 Exhibit 53 (Redacted), #3 Exhibit 54 (Redacted), #4 Exhibit 55 (Redacted), #5 Exhibit 56 (Redacted), #6 Exhibit 57 (Redacted), #7 Exhibit 58, #8 Exhibit 59 (Redacted), #9 Exhibit 60 (Redacted), #10 Exhibit 61 (Redacted), #11 Exhibit 62 (Redacted), #12 Exhibit 63, #13 Exhibit 64 (Redacted), #14 Exhibit 65 (Redacted), #15 Exhibit 66 (Redacted), #16 Exhibit 67 (Redacted), #17 Exhibit 68, #18 Exhibit 69, #19 Exhibit 70 (Redacted), #20 Exhibit 71 (Redacted), #21 Exhibit 72 (Redacted), #22 Exhibit 73 (Redacted), #23 Exhibit 74 (Redacted), #24 Exhibit 75 (Redacted), #25 Exhibit 76 (Redacted), #26 Exhibit 77, #27 Exhibit 78, #28 Exhibit 79, #29 Exhibit 80 (Redacted), #30 Exhibit 81 (Redacted), #31 Exhibit 82, #32 Exhibit 83 (Redacted), #33 Exhibit 84 (Redacted), #34 Exhibit 85 (Redacted), #35 Exhibit 86 (Redacted), #36 Exhibit 87 (Redacted), #37 Exhibit 88 (Redacted), #38 Exhibit 89 (Redacted), #39 Exhibit 90 (Redacted), #40 Exhibit 91, #41 Exhibit 92 (Redacted), #42 Exhibit 93 (Redacted), #43 Exhibit 94 (Redacted), #44 Exhibit 95 (Redacted), #45 Exhibit 96 (Redacted), #46 Exhibit 97 (Redacted), #47 Exhibit 98 (Redacted), #48 Exhibit 99 (Redacted), #49 Exhibit 100 (Redacted), #50 Exhibit 101 (Redacted), #51 Exhibit 102 (Redacted), #52 Exhibit 103 (Redacted), #53 Exhibit 104 (Redacted), #54 Exhibit 105 (Redacted), #55 Exhibit 106 (Redacted), #56 Exhibit 107 (Redacted), #57 Exhibit 108 (Redacted), #58 Exhibit 109 (Redacted), #59 Exhibit 110 (Redacted), #60 Exhibit 111 (Redacted), #61 Exhibit 112 (Redacted), #62 Exhibit 113 (Redacted), #63 Exhibit 114 (Redacted), #64 Exhibit 115 (Redacted), #65 Exhibit 116 (Redacted), #66 Exhibit 117 (Redacted), #67 Exhibit 118 (Redacted), #68 Exhibit 119 (Redacted), #69 Exhibit 120 (Redacted), #70 Exhibit 121 (Redacted), #71 Exhibit 122 (Redacted), #72 Exhibit 123 (Redacted), #73 Exhibit 124 (Redacted), #74 Exhibit 125 (Redacted), #75 Exhibit 126 (Redacted), #76 Exhibit 127 (Redacted), #77 Exhibit 128 (Redacted), #78 Exhibit 129 (Redacted), #79 Exhibit 130 (Redacted), #80 Exhibit 131 (Redacted), #81 Exhibit 132 (Redacted), #82 Exhibit 133 (Redacted), #83 Exhibit 134.a (Redacted), #84 Exhibit 134.b (Redacted), #85 Exhibit 135 (Redacted), #86 Exhibit 136, #87 Exhibit 137, #88 Exhibit 138 (Redacted), #89 Exhibit 139 (Redacted), #90 Exhibit 140 (Part 1), #91 Exhibit 140 (Part 2), #92 Exhibit 140 (Part 3), #93 Exhibit 140 (Part 4), #94 Exhibit 140 (Part 5), #95 Exhibit 140 (Part 6), #96 Exhibit 140 (Part 7), #97 Exhibit 140 (Part 8), #98 Exhibit 140 (Part 9), #99 Exhibit 140 (Part 10), #100 Exhibit 140 (Part 11), #101 Exhibit 140 (Part 12), #102 Exhibit 140 (Part 13), #103 Exhibit 140 (Part 14), #104 Exhibit 140 (Part 15), #105 Exhibit 140 (Part 16), #106 Exhibit 141, #107 Exhibit 142, #108 Exhibit 143 (Redacted), #109 Exhibit 144, #110 Exhibit 145, #111 Exhibit 146 (Part 1), #112 Exhibit 146 (Part 2), #113 Exhibit 146 (Part 3), #114 Exhibit 146 (Part 4), #115 Exhibit 146 (Part 5), #116 Exhibit 146 (Part 6), #117 Exhibit 146 (Part 7), #118 Exhibit 147 (Part 1), #119 Exhibit 147 (Part 2), #120 Exhibit 147 (Part 3), #121 Exhibit 147 (Part 4), #122 Exhibit 147 (Part 5), #123 Exhibit 147 (Part 6), #124 Exhibit 147 (Part 7), #125 Exhibit 148, #126 Exhibit 149 (Redacted), #127 Exhibit 150 (Redacted), #128 Exhibit 151, #129 Exhibit 152, #130 Exhibit 153, #131 Exhibit 154, #132 Exhibit 155, #133 Exhibit 156, #134 Exhibit 157, #135 Exhibit 158, #136 Exhibit 159, #137 Exhibit 160 (Redacted), #138 Exhibit 161)(Whitney, Craig) |
| Filing 92 DECLARATION of Ryan Sullivan in Support re: #18 Order to Show Cause,,,,,,,,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit 45, #2 Exhibit 46, #3 Exhibit 47 (Redacted), #4 Exhibit 48 (Redacted), #5 Exhibit 49, #6 Exhibit 50 (Redacted), #7 Exhibit 51)(Whitney, Craig) |
| Filing 91 DECLARATION of James Curran in Support re: #18 Order to Show Cause,,,,,,,,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit 43 (Redacted), #2 Exhibit 44 (Redacted))(Whitney, Craig) |
| Filing 90 DECLARATION of Hal Poret in Support re: #18 Order to Show Cause,,,,,,,,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit 35, #2 Exhibit 36, #3 Exhibit 37, #4 Exhibit 38, #5 Exhibit 39, #6 Exhibit 40, #7 Exhibit 41, #8 Errata 42)(Whitney, Craig) |
| Filing 89 DECLARATION of Jay Bluhm in Support re: #18 Order to Show Cause,,,,,,,,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit 25 (Redacted), #2 Exhibit 26, #3 Exhibit 27, #4 Exhibit 28, #5 Exhibit 29, #6 Exhibit 30, #7 Exhibit 31 (Redacted), #8 Exhibit 32 (Redacted), #9 Exhibit 33, #10 Exhibit 34 (Redacted))(Whitney, Craig) |
| Filing 88 DECLARATION of Bryan Fries in Support re: #18 Order to Show Cause,,,,,,,,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit 1 (Redacted), #2 Exhibit 2 (Redacted), #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20 (Redacted), #21 Exhibit 21 (Redacted), #22 Exhibit 22 (Redacted), #23 Exhibit 23, #24 Exhibit 24)(Whitney, Craig) |
| Filing 87 LETTER addressed to Judge Vernon S. Broderick from Peter D. Marketos dated April 17, 2019 re: pursuant to Order dated April 4, 2019 and the Court's Individual Rule 5.B., setting forth the bases for proposed redactions to AT&T's memorandum of law in opposition to Sprint's motion for preliminary injunction, including declarations and exhibits. Document filed by AT&T Mobility LLC.(Marketos, Peter) |
| Filing 86 DECLARATION of Peter Marketos in Support re: #84 MOTION to Take Judicial Notice .. Document filed by AT&T Mobility LLC. (Attachments: #1 Exhibit 1 - Chart of Factual Statements, #2 Exhibit 2 - Press Release, #3 Exhibit 3 - FCC Public Notice, #4 Exhibit 4 - Public Interest Statement, #5 Exhibit 5 - Saw Declaration, #6 Exhibit 6 - Draper Declaration, #7 Exhibit 7 - April 15, 2019 letter)(Marketos, Peter) |
| Filing 85 MEMORANDUM OF LAW in Support re: #84 MOTION to Take Judicial Notice . . Document filed by AT&T Mobility LLC. (Marketos, Peter) |
| Filing 84 MOTION to Take Judicial Notice . Document filed by AT&T Mobility LLC. (Attachments: #1 Text of Proposed Order)(Marketos, Peter) |
| Filing 83 MEMO ENDORSEMENT on re: #81 Letter. ENDORSEMENT: APPLICATION GRANTED. (Set Deadlines/Hearing as to #67 MOTION to Dismiss the Amended Complaint: Responses due by 5/7/2019, Replies due by 5/17/2019.) (Signed by Judge Vernon S. Broderick on 4/16/2019) (jwh) |
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Filing 82
MEMO ENDORSEMENT on re: #75 Letter, filed by SprintCom, Inc., Sprint Spectrum L.P., Sprint/United Management Company. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Plaintiffs shall file the redacted papers on the public docket no later than April 17, 2019. (Signed by Judge Vernon S. Broderick on 4/15/2019) (rro)
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| Filing 81 JOINT LETTER addressed to Judge Vernon S. Broderick from Edward H. Rosenthal dated April 15, 2019 re: in response to Court's order dated April 8, 2019 proposing a briefing schedule with respect to AT&T's motion to dismiss. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc..(Rosenthal, Edward) |
| Filing 79 LETTER addressed to Judge Vernon S. Broderick from Peter D. Marketos dated April 13, 2019 re: Response to Order (Dkt. 78). Document filed by AT&T Mobility LLC. (Attachments: #1 Exhibit 1)(Marketos, Peter) |
| Filing 80 SEALED DOCUMENT placed in vault.(rz) |
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Filing 78
ORDER granting in part and denying in part #76 Letter Motion for Leave to File Excess Pages. Application granted in part and denied in part. Defendant may submit the additional declarations. Defendant's opposition brief shall not exceed thirty pages. Plaintiff's reply brief shall not exceed thirteen pages. I note that the deadline for Defendant to submit its opposition brief was April 11, 2019. I am aware that this matter involves an expedited briefing schedule. Nonetheless, Defendant shall file a letter demonstrating good cause for its failure to submit its request until 11:58 p.m. on the day its brief was due. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/12/2019) (rro)
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| Filing 77 LETTER addressed to Judge Vernon S. Broderick from Craig B. Whitney dated April 12, 2019 re: Sprint's response to AT&T's letter motion for acceptance of memorandum of law in opposition which exceeds 25-page limit set forth in Your Honor's rules. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc..(Whitney, Craig) |
| Filing 76 LETTER MOTION for Leave to File Excess Pages addressed to Judge Vernon S. Broderick from Peter D. Marketos dated April 11, 2019. Document filed by AT&T Mobility LLC.(Marketos, Peter) |
| Filing 75 LETTER addressed to Judge Vernon S. Broderick from Craig B. Whitney dated April 10, 2019 re: pursuant to Order dated April 4, 2019, and the Court's Individual Rule 5.B, setting the bases for proposed redactions to Sprint's supporting memorandum of law to motion for preliminary injunction, including declarations and exhibits. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc..(Whitney, Craig) |
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Filing 74
ORDER granting #73 Letter Motion for Extension of Time to File Response/Reply Responses due by 4/11/2019 Replies due by 4/17/2019. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/10/2019) (rro)
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| Filing 73 JOINT LETTER MOTION for Extension of Time to File Response/Reply as to 70 Sealed Document, #21 Scheduling Order,,,,,,,, Sprint's Memorandum of Law in Support of Motion for Preliminary Injunction addressed to Judge Vernon S. Broderick from Peter D. Marketos dated April 9, 2019. Document filed by AT&T Mobility LLC.(Marketos, Peter) |
| Filing 72 SEALED DOCUMENT placed in vault.(rz) |
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Filing 71
ORDER: On April 5, 2019, Defendant filed a motion to dismiss the amended complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 67.) Accordingly, it is hereby: ORDERED that the parties shall meet and confer regarding the briefing schedule for Defendant's motion, and to submit a proposed briefing schedule no later than April 15, 2019. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/8/2019) (rro)
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| Filing 69 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent AT&T Inc. for AT&T Mobility LLC. Document filed by AT&T Mobility LLC.(Marketos, Peter) |
| Filing 68 MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss the Amended Complaint. . Document filed by AT&T Mobility LLC. (Marketos, Peter) |
| Filing 67 MOTION to Dismiss the Amended Complaint. Document filed by AT&T Mobility LLC.(Marketos, Peter) |
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Filing 66
ORDER: granting in part and denying in part #65 Joint Letter Motion to Seal Document. Application granted in part and denied in part. The parties may file their respective memoranda and any supporting documents under seal on their respective due dates. Electronic courtesy copies of those documents shall be submitted to BroderckNYSDChambers@NYSD.uscourts.gov on the day they are filed under seal. Thereafter, the parties are directed to propose redactions within three days, following the procedures set forth in my Individual Rule 5.B. The proposed redactions should be justified by an accompanying letter and will be subject to my approval. SO ORDERED. (Signed by Judge Vernon S. Broderick on 04/04/2019) (ama)
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| Filing 65 JOINT LETTER MOTION to Seal Document #18 Order to Show Cause,,,,,,,, Joint request for both parties to file their upcoming memoranda of law in support and in opposition to Motion for Preliminary Injunction (along with any supporting declarations and exhibits) under seal addressed to Judge Vernon S. Broderick from Craig B. Whitney dated April 3, 2019. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc..(Whitney, Craig) |
| Filing 64 AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. AT&T Mobility LLC served on 3/15/2019, answer due 4/5/2019. Service was accepted by Melissa Page, Paralegal. Document filed by Sprint Spectrum L.P.; Sprint/United Management Company; SprintCom, Inc.. (Whitney, Craig) |
| Filing 63 NOTICE OF APPEARANCE by Viviane Scott on behalf of Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Scott, Viviane) |
| Filing 62 NOTICE OF APPEARANCE by William Clayton Lawrence on behalf of Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Lawrence, William) |
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Filing 61
ORDER granting #57 Motion for Michael N. Petegorsky to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 60
ORDER granting #56 Motion for Louis A. Schreiber to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 59
ORDER granting #55 Motion for Caitlin E. Olwell to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 58
ORDER granting #53 Motion for Steven M. Zager to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #56 MOTION for Louis A. Schreiber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16506055. Motion and supporting papers to be reviewed by Clerk's Office staff., #57 MOTION for Michael N. Petegorsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16506075. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 57 MOTION for Michael N. Petegorsky to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16506075. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility LLC. (Attachments: #1 Declaration of Michael N. Petegorsky, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Petegorsky, Michael) |
| Filing 56 MOTION for Louis A. Schreiber to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16506055. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility LLC. (Attachments: #1 Declaration of Louis A. Schreiber, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Schreiber, Louis) |
| Filing 55 MOTION for Caitlin E. Olwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16505534. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility LLC. (Attachments: #1 Declaration of Caitlin E. Olwell, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Olwell, Caitlin) |
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Filing 54
AGREED PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Vernon S. Broderick on 3/15/2019) (rro)
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| Filing 53 MOTION for Steven M. Zager to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16502088. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Mobility LLC. (Attachments: #1 Declaration of Steven M. Zager, #2 Certificates of Good Standing, #3 Text of Proposed Order)(Zager, Steven) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Steven M. Zager to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16502088. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #55 MOTION for Caitlin E. Olwell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16505534. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 52 PROPOSED PROTECTIVE ORDER. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
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Filing 51
ORDER terminating #43 Letter Motion for Discovery. ORDERED that Plaintiffs' objections to Requests 15, 19, 20, 25, 28, 29, 30, 32, 37, 3941, 4347, 50, 51, 5356, 6063, 66, 67, 69, 7179, 81, 84, 85, 87, and 8992 are SUSTAINED, and Plaintiffs need not produce any documents pursuant to these requests, except that Plaintiffs are ordered to produce any documents they have already agreed to produce either during the parties meet-and-confer sessions or in the text of any particular response and objection. IT IS FURTHER ORDERED that Plaintiffs' objections to the following requests are SUSTAINED IN PART and OVERRULED IN PART, and that Plaintiffs' shall produce non-privileged documents responsive to the following requests subject to the limitations described below: and further set forth in this Order. (Signed by Judge Vernon S. Broderick on 3/12/2019) (rro)
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| Filing 50 ELECTRONIC SUMMONS ISSUED as to AT&T Mobility LLC. (pne) |
| Filing 49 REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Mobility LLC, re: #48 Amended Complaint,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
| Filing 48 FIRST AMENDED COMPLAINT amending #1 Complaint, against AT&T Mobility LLC with JURY DEMAND.Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. Related document: #1 Complaint,. (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)(Whitney, Craig) |
| Filing 47 PROPOSED STIPULATION AND ORDER. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
| Filing 46 NOTICE OF APPEARANCE by Kristen Diane White on behalf of AT&T Inc.. (White, Kristen) |
| Filing 45 NOTICE OF APPEARANCE by Brian Thomas Carney on behalf of AT&T Inc.. (Carney, Brian) |
| Filing 44 NOTICE OF APPEARANCE by Robert Henry Hotz, Jr on behalf of AT&T Inc.. (Hotz, Robert) |
| Filing 43 JOINT LETTER MOTION for Discovery addressed to Judge Vernon S. Broderick from Pete Marketos dated March 7, 2019. Document filed by AT&T Inc.. (Attachments: #1 Exhibit A)(Marketos, Peter) |
| Filing 42 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 2/8/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) |
| Filing 41 TRANSCRIPT of Proceedings re: conference held on 2/8/2019 before Judge Vernon S. Broderick. Court Reporter/Transcriber: Steven Griffing, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2019. Redacted Transcript Deadline set for 4/4/2019. Release of Transcript Restriction set for 6/3/2019.(McGuirk, Kelly) |
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Filing 40
ORDER granting #39 Motion for Christopher A. Cole to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 39 MOTION for Christopher A. Cole to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16419367. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Declaration of Christopher A. Cole in support of his motion for admission pro hac vice (+ Cert. of Good Standing)., #2 Text of Proposed Order)(Cole, Christopher) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Christopher A. Cole to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16419367. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
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Filing 38
ORDER granting #25 Motion for Tyler J. Bexley to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 37
ORDER granting #34 Motion for Brett S. Rosenthal to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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Filing 36
ORDER granting #33 Motion for Sean F. Gallagher to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 35 NOTICE OF APPEARANCE by Edward Henry Rosenthal on behalf of Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Rosenthal, Edward) |
| Filing 34 MOTION for Brett S. Rosenthal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16397889. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Rosenthal, Brett) |
| Filing 33 MOTION for Sean F. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16397784. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Gallagher, Sean) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #33 MOTION for Sean F. Gallagher to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16397784. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #34 MOTION for Brett S. Rosenthal to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16397889. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 32 MEMORANDUM OF LAW in Support re: #12 Temporary Restraining Order, . Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
| Filing 31 DECLARATION of Bryan Fries in Support re: #12 Temporary Restraining Order,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
| Filing 30 DECLARATION of Jay Bluhm in Support re: #12 Temporary Restraining Order,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
| Filing 29 DECLARATION of Hal Poret in Support re: #12 Temporary Restraining Order,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit 1, #2 Appendix A, #3 Appendix B, #4 Appendix C, #5 Appendix D, #6 Appendix E)(Whitney, Craig) |
| Filing 28 DECLARATION of Craig B. Whitney in Support re: #12 Temporary Restraining Order,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Whitney, Craig) |
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Filing 27
ORDER granting #26 Motion for Katie Dolan-Galaviz to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| Filing 26 MOTION for Katie Dolan-Galaviz to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Dolan-Galaviz, Patricia) |
| Filing 25 MOTION for Tyler J. Bexley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16368989. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Bexley, Tyler) |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Katie Dolan-Galaviz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16368667. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Dolan-Galaviz, Patricia) Modified on 2/19/2019 (ma). |
| Filing 23 NOTICE OF APPEARANCE by Holly A. Melton on behalf of AT&T Inc.. (Melton, Holly) |
| Filing 22 NOTICE OF APPEARANCE by Glen Garrett McGorty on behalf of AT&T Inc.. (McGorty, Glen) |
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Filing 21
SCHEDULING ORDER FOR PRELIMINARY INJUNCTION HEARING: Pursuant to the Court's February 14, 2019 Order setting an April 22, 2019 hearing date for Sprints Motion for Preliminary Injunction, and by agreement of the parties, the Court hereby adopts the following Scheduling Order: The parties are to conduct expedited discovery, limited to issues directly relevant to the Motion for Preliminary Injunction, in accordance with the following deadlines (which may be extended by the parties on consent without application to the Court): AT&T shall identify all fact witnesses who will provide testimony via affidavit in support of its Opposition to Sprints Motion for Preliminary Injunction by February 27, 2019. Responsive documents shall be produced by March 8, 2019. Depositions of fact witnesses shall be completed by March 22, 2019. Each side is limited to taking the depositions of the affiants disclosed by the other side, plus up to two additional witnesses, including a Rule 30(b)(6) corporate representative. AT&T shall designate defensive expert witnesses and serve reports, if any, in accordance with Federal Rule of Civil Procedure 26(a)(2) by March 27, 2019. Depositions of AT&Ts expert witnesses shall be completed by April 5, 2019. Sprints deadline to file a memorandum of law and evidence in support of its Motion for Preliminary Injunction is April 5, 2019. The memorandum shall include all exhibits and affidavits of direct testimony that Sprint intends to offer in support of its Motion for Preliminary Injunction. AT&Ts deadline to file its memorandum of law and evidence in opposition to the Motion for Preliminary Injunction is April 10, 2019. The memorandum shall include all exhibits and affidavits of direct testimony that AT&T intends to offer in opposition to the Motion for Preliminary Injunction. Sprints deadline to file a reply memorandum of law and evidence in further support of its Motion for Preliminary Injunction is April 15, 2019. SO ORDERED. (Responses due by 4/10/2019 Replies due by 4/15/2019. Deposition due by 3/22/2019.) (Signed by Judge Vernon S. Broderick on 2/19/2019) (rro)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for Katie Dolan-Galaviz 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) |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for Katie Dolan-Galaviz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16368667. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): ALL THE DOCUMENTS MUST HAVE THE ORIGINAL SIGNATURE OF THE ATTORNEY SEEKING TO APPEAR PRO HAC VICE.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Tyler J. Bexley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16368989. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma) |
| Filing 20 PROPOSED SCHEDULING ORDER. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
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Filing 19
MEMO ENDORSEMENT on re: #13 Letter, filed by SprintCom, Inc., Sprint Spectrum L.P., Sprint/United Management Company. ENDORSEMENT: A hearing is set for April 22-23, 2019. The parties shall meet and confer to discuss a scheduling order in light of the hearing date, and they shall submit a joint proposed scheduling order no later than February 16, 2019. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/14/2019) (kv)
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Filing 18
AMENDED ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED: ORDERED, that defendant AT&T Inc. ("AT&T") show cause before this Court, in Courtroom 518 before the Honorable Vernon S. Broderick, United States District Judge for the Southern District of New York, in the Courthouse located at 40 Foley Square, in the City, County and State of New York on the 22nd day of April, 2019, 10:30 a.m. why the Court should not make and enter an Order, pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining and restraining AT&T, its respective affiliates, subsidiaries, divisions, agents, servants, officers, directors, employees, and all those acting under their control and/or on their behalf and/or in concert with them, during the pendency of this action: (1) from using the designation "5GE," "5G E," or "5G Evolution," or any designation containing "5G," in any and all advertisements in the United States, in any form whatsoever, for its wireless network and mobile devices, including on the screens of mobile devices connected to its wireless network, unless and until the wireless network that AT&T advertises as "5GE," "5G E," or "5G Evolution," or any designation containing "5G," complies with 3GPP 5G standards; and (2) granting such other and further relief as the Court may deem just and proper; on the grounds that: a) AT&T has violated Section 43(a) of the Lanham Act, 15 U.S.C. l 125(a); and b) AT&T has engaged in deceptive acts and practices and false advertising under Sections 349 and 350 of the New York General Business Law. ORDERED that AT&T shall preserve, and take steps to prevent the automatic or intentional deletion or modification of, all databases, cloud storage accounts including Dropbox, electronic files, emails, and media and computer hard drives that may contain information related to this action. SO ORDERED. (Show Cause Hearing set for 4/22/2019 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 2/14/2019) (rro)
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Filing 16
ORDER denying #14 Letter Motion for Conference. APPLICATION DENIED SO ORDERED. A hearing is set for April 22-23, 2019. The parties shall meet and confer to discuss a scheduling order in light of the hearing date, and they shall submit a joint proposed scheduling order no later than February 16, 2019. (Signed by Judge Vernon S. Broderick on 2/14/2019) (jca)
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Filing 15
ORDER granting #11 Motion for Peter D. Marketos to Appear Pro Hac Vice (HEREBY ORDERED by Judge Vernon S. Broderick)(Text Only Order) (msa)
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| ***DELETED DOCUMENT. Deleted document number 17 Order. The document was incorrectly filed in this case. (kv) |
| Filing 14 LETTER MOTION for Conference addressed to Judge Vernon S. Broderick from Peter D. Marketos dated February 12, 2019. Document filed by AT&T Inc.. (Attachments: #1 Text of Proposed Order)(Marketos, Peter) |
| Filing 13 LETTER addressed to Judge Vernon S. Broderick from Craig B. Whitney dated February 12, 2019 re: Sprint's proposed briefing schedule that the Court ordered the parties to submit by Feb. 12, 2019. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Proposed Amended Order to Show Cause)(Whitney, Craig) |
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Filing 12
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT BE GRANTED: Application Denied. For the reasons stated on the record at the February 8, 2019 conference. So Ordered (Signed by Judge Vernon S. Broderick on 2/11/2019) (js)
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| Filing 11 MOTION for Peter D. Marketos to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Declaration, #2 Certificate of Good Standing, #3 Text of Proposed Order)(Marketos, Peter) |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Peter D. Marketos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16326554. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by AT&T Inc.. (Attachments: #1 Certificate of Good Standing, #2 Text of Proposed Order)(Marketos, Peter) Modified on 2/11/2019 (ma). |
| >>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #10 MOTION for Peter D. Marketos to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16326554. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): MISSING AN AFFIDAVIT/DECLARATION PURSUANT TO LOCAL RULE 1.3.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (ma) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Peter D. Marketos 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. (bcu) |
| Minute Entry for proceedings held before Judge Vernon S. Broderick: Show Cause Hearing held on 2/8/2019. (Court Reporter Lisa Smith) (msa) |
| Filing 9 ELECTRONIC SUMMONS ISSUED as to AT&T Inc.. (dnh) |
| Filing 8 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sprint Communications Inc., Corporate Parent Sprint Corporation for Sprint/United Management Company, SprintCom, Inc.; Corporate Parent Sprint Communications, Inc., Other Affiliate MinorCo, LLC, Other Affiliate Sprint Spectrum Holding Company, LLC for Sprint Spectrum L.P.. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc..(Whitney, Craig) |
| Filing 7 NOTICE OF APPEARANCE by Lily Nicole Roos on behalf of Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Roos, Lily) |
| Filing 6 NOTICE OF APPEARANCE by Kimberly M. Maynard on behalf of Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Maynard, Kimberly) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Craig Brian Whitney to RE-FILE Document #3 Rule 7.1 Corporate Disclosure Statement,. ERROR(S): Not All Corporate Parents were added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s) one party name at a time. (lb) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Craig Brian Whitney. 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. (dnh) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Craig Brian Whitney to RE-FILE Document No. #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the date field on the offical A.O. Summons form was completed by the attorney. (dnh) |
| Case Designated ECF. (dnh) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (dnh) |
| Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Inc., re: #1 Complaint,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) |
| Filing 4 FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to AT&T Inc., re: #1 Complaint,. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Whitney, Craig) Modified on 2/8/2019 (dnh). |
| Filing 3 FILING ERROR NOT ALL CORPORATE PARENTS/OTHER AFFILIATES WERE ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Sprint Communications, Inc., Corporate Parent Sprint Corporation for Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc..(Whitney, Craig) Modified on 2/8/2019 (lb). |
| Filing 2 CIVIL COVER SHEET filed. (Whitney, Craig) |
| Filing 1 COMPLAINT against AT&T Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16314861)Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Whitney, Craig) |
| Filing 1 COMPLAINT against AT&T Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-16314861)Document filed by Sprint Spectrum L.P., Sprint/United Management Company, SprintCom, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Whitney, Craig) |
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