Joyce v. Remark Holdings, Inc. et al
| Danielle Joyce |
| Remark Holdings, Inc., Kai-Shing Tao, Shannon Follansbee, Bikini.com, LLC and Remark Media, Inc. |
| 1:2019cv06244 |
| July 3, 2019 |
| US District Court for the Southern District of New York |
| Stewart D Aaron |
| Alison J Nathan |
| Civil Rights: Jobs |
| 42 U.S.C. § 2003 |
| Plaintiff |
Docket Report
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Filing 57
JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Amelia Hochman dated December 16, 2020 re: joint letter pursuant to the Courts October 23, 2020 Order. (Dkt. No. 46).. Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Hochman, Amelia)
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Filing 56
ORDER denying #49 Letter Motion for Local Rule 37.2 Conference. Following a telephone conference with the parties, for the reasons stated on the record, it is hereby Ordered that Plaintiff's letter motion at ECF No. 49 is DENIED as follows: 1. With regard to that portion of Plaintiff's letter motion concerning Slack messages, "the motion is denied as moot. 2. With regard to that portion of Plaintiff's letter motion concerning documents itemized on Defendants' privilege log (ECF No. 54-1), the Court finds these documents prima facie privileged and/or subject to work product protection, and on the present record the Court finds no waiver. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/4/2020) (kl)
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Filing 55
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... Nothing in this Order affects the parties' obligation to comply with Rule 4 of the Court's Individual Practices in Civil Cases governing redactions and filing under seal, or with any of the Court's other Individual Practices as relevant. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2020) (rjm)
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Filing 54
LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from Edgar M. Rivera dated December 4, 2020 re: #49 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Stewart D. Aaron from Edgar M. Rivera dated December 1, 2020. . Document filed by Danielle Joyce. (Attachments: #1 Exhibit Ex. A, Defendants' Privilege Log, #2 Exhibit Ex. B, Ahmed's Resignation Letter).(Rivera, Edgar)
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Filing 53
LETTER addressed to Magistrate Judge Stewart D. Aaron from Amelia Hochman dated December 3, 2020 re: pursuant to the Courts December 2, 2020 Order. (Dkt. No. 50). Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Hochman, Amelia)
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Filing 52
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 12/3/2020) (kl)
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Filing 51
PROPOSED STIPULATION AND ORDER. Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Hochman, Amelia)
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Filing 50
ORDER re: #49 LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Stewart D. Aaron from Edgar M. Rivera dated December 1, 2020. filed by Danielle Joyce: Given the timing of the upcoming deposition, Defendants shall respond to Plaintiff's Letter Motion (ECF No. 49) no later than Thursday, 12/3/2020, at 6 p.m.; Plaintiff shall reply no later than Friday, 12/4/2020, at 12 noon; and the Court shall hold a telephonic conference on Friday, 12/4/2020, at 2:30 p.m. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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Set/Reset Hearings: Telephone Conference set for 12/4/2020 at 02:30 PM before Magistrate Judge Stewart D. Aaron. (kl)
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Filing 49
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Stewart D. Aaron from Edgar M. Rivera dated December 1, 2020. Document filed by Danielle Joyce..(Rivera, Edgar)
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Filing 48
LETTER addressed to Magistrate Judge Stewart D. Aaron from Michael J. Passarella dated November 6, 2020 re: pursuant to the Courts October 23, 2020 Order. (Dkt. No. 46). Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Passarella, Michael)
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Set/Reset Deadlines: Discovery due by 1/29/2021. (va) Modified on 11/9/2020 (va).
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Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Motion Hearing held on 10/23/2020. (kl)
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Filing 47
ORDER: The case management conference scheduled for October 30, 2020, is adjourned to February 12, 2021, at 3:15 p.m. SO ORDERED. Dated: (Signed by Judge Alison J. Nathan on 10/23/2020) ( Case Management Conference set for 2/12/2021 at 03:15 PM before Judge Alison J. Nathan.) (ks)
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Filing 46
ORDER granting in part and denying in part #40 Letter Motion for Local Rule 37.2 Conference. it is hereby Ordered as follows: 1. Plaintiff's Letter Motion (ECF No. 40) seeking production of certain communications by Defendants is GRANTED IN PART AND DENIED IN PART for the reasons stated on the record. Defendants shall use their best efforts to determine, no later than November 6, 2020, whether WeChat or Slack messages (as referenced in ECF No. 44) exist within their possession custody or control. By that date, Defendants shall file a letter advising the Court as to the status of their efforts to locate such messages. 2. The deadline for the completion of all discovery is extended until January 29, 2021. 3. The parties shall file a joint letter regarding the status of discovery on December 16, 2020. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/23/2020) (va)
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Filing 45
ORDER Setting Hearing on Motion #40 FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Edgar M. Rivera dated October 14, 2020: The parties shall appear via Telephone for a conference in the above-captioned matter on Friday, October 23, 2020, at 12 noon EST. During the conference, the parties should be prepared to address Plaintiff's Letter Motion filed at ECF No. 40. At the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. Motion Hearing set for 10/23/2020 at 12:00 PM before Magistrate Judge Stewart D. Aaron. (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron) (Text Only Order) (Aaron, Stewart)
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Filing 44
LETTER REPLY to Response to Motion addressed to Magistrate Judge Stewart D. Aaron from Edgar M. Rivera dated 10/21/20 re: #40 FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Edgar M. Rivera dated October 14, 2020. . Document filed by Danielle Joyce..(Rivera, Edgar)
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Filing 43
LETTER addressed to Judge Alison J. Nathan from Michael J. Passarella dated October 19, 2020 re: in response to Plaintiffs October 14, 2020 letter (Letter) (Dkt. No. 40) and pursuant to this Courts October 15, 2020 Order (Dkt. No. 42). Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Passarella, Michael)
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Filing 42
ORDER re: #40 FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Edgar M. Rivera dated October 14, 2020, filed by Danielle Joyce. Defendants shall respond to the Letter-Motion at ECF No. 40 no later than October 19, 2020. Any reply shall be filed no later than October 21, 2020. SO ORDERED. (Responses due by 10/19/2020, Replies due by 10/21/2020.) (Signed by Magistrate Judge Stewart D. Aaron on 10/15/2020) (Text Only Order) (kl)
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Filing 41
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Stewart D. Aaron. Motions referred to Stewart D. Aaron. (Signed by Judge Alison J. Nathan on 10/15/2020) (rjm)
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Filing 40
FIRST LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Alison J. Nathan from Edgar M. Rivera dated October 14, 2020. Document filed by Danielle Joyce. (Attachments: #1 Exhibit Defendants Objections and Responses to Plaintiffs First Requests for the Production of Documents).(Rivera, Edgar)
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Filing 39
ORDER granting #38 Letter Motion for Extension of Time to Complete Discovery. The above request for an extension of discovery is hereby GRANTED. The case management conference currently scheduled for August 28, 2020 is adjourned to October 30, 2020 at 4:00 p.m. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/31/2020) (rro)
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Set/Reset Deadlines: ( Deposition due by 9/28/2020., Expert Discovery due by 11/9/2020., Fact Discovery due by 9/29/2020.), Set/Reset Hearings:( Case Management Conference set for 8/28/2020 at 04:00 PM before Judge Alison J. Nathan.) (rro)
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Filing 38
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Michael J. Passarella dated July 30, 2020. Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Passarella, Michael)
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Filing 37
NOTICE OF APPEARANCE by Amelia Hochman on behalf of Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Hochman, Amelia)
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Filing 36
NOTICE OF CHANGE OF ADDRESS by Edgar Mikel Rivera on behalf of Danielle Joyce. New Address: Liddle & Robinson, LLP, 1177 Avenue of the Americas, 5th Floor, NEW YORK, NY, United States 10036, 6464527211..(Rivera, Edgar)
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Filing 35
ORDER granting #34 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Michael J. Passarella dated 4/30/2020. Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao. The above request for an extension of discovery is hereby GRANTED. The case management conference currently scheduled for May 22, 2020 is hereby adjourned to August 28, 2020 at 3:00 p.m. SO ORDERED. (Deposition due by 7/29/2020). (Signed by Judge Alison J. Nathan on 5/4/2020) (rjm)
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Set/Reset Deadlines: (Expert Discovery due by 9/10/2020. Fact Discovery due by 7/30/2020.) Set/Reset Hearings: (Case Management Conference set for 8/28/2020 at 03:00 PM before Judge Alison J. Nathan.) (rjm)
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Filing 34
LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Michael J. Passarella dated 4/30/2020. Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Passarella, Michael)
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Filing 33
ORDER granting #32 Motion for Extension of Time to Complete Discovery. The parties' request for an extension of discovery is hereby GRANTED. The Court adopts the schedule proposed by the parties. The case management conference currently scheduled for March 27, 2020 is hereby adjourned to May 22, 2020 at 3:15 p.m. Deposition due by 4/30/2020. (Signed by Judge Alison J. Nathan on 2/20/2020) (tro)
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Set/Reset Deadlines: ( Expert Discovery due by 6/12/2020., Fact Discovery due by 5/1/2020.), Set/Reset Hearings:( Case Management Conference set for 5/22/2020 at 03:15 PM before Judge Alison J. Nathan.) (tro) Modified on 2/24/2020 (kgo).
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Filing 32
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Alison J. Nathan from Michael J. Passarella dated February 14, 2020. Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao..(Passarella, Michael)
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Filing 31
ANSWER to #30 Amended Complaint. Document filed by Bikini.com, LLC, Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao.(Passarella, Michael)
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Filing 30
FIRST AMENDED COMPLAINT amending #1 Complaint against Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao, Bikini.com, LLC with JURY DEMAND.Document filed by Danielle Joyce. Related document: #1 Complaint.(Harman, Walker)
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Filing 29
ORDER granting #26 Motion to Amend/Correct ; granting #26 Motion for Joinder. Accordingly, the Court hereby GRANTS Plaintiffs leave to file its proposed Amended Complaint. Plaintiff shall file their amended complaint within seven days of this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/20/2019) (kv)
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Filing 28
DECLARATION of Edgar M. Rivera in Support re: #26 MOTION to Amend/Correct Complaint. MOTION for Joinder of Bikini.com, LLC.. Document filed by Danielle Joyce. (Attachments: #1 Exhibit Ex. A, First Amended Complaint)(Rivera, Edgar)
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Filing 27
MEMORANDUM OF LAW in Support re: #26 MOTION to Amend/Correct Complaint. MOTION for Joinder of Bikini.com, LLC. . Document filed by Danielle Joyce. (Rivera, Edgar)
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Filing 26
MOTION to Amend/Correct Complaint., MOTION for Joinder of Bikini.com, LLC. Document filed by Danielle Joyce.(Rivera, Edgar)
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Filing 24
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Remark Holdings, Inc..(Patton, Katelyn)
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Filing 23
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 pursuant to 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). This case is to be tried to a jury. Depositions shall be completed by 1/31/2020. Deposition due by 4/14/2020. Fact Discovery due by 3/2/2020. Expert Discovery due by 4/14/2020. Case Management Conference set for 3/27/2020 at 03:45 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 11/1/2019) (kv)
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Minute Entry for proceedings held before Judge Alison J. Nathan. Initial pre-trial conference held. Case management plan entered. See transcript for complete details. (Court Reporter Steven Greenblum) (qs)
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Filing 22
JOINT LETTER addressed to Judge Alison J. Nathan from Edgar M. Rivera dated 10/25/2019 re: Court Order [Docket No. 14]. Document filed by Danielle Joyce. (Attachments: #1 Supplement Case Management Plan & Scheduling Order)(Rivera, Edgar)
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Filing 21
ORDER: Due to the Court's unavailability, the initial pretrial conference previously scheduled for Friday, November 1, 2019 at 3:00 p.m. is hereby rescheduled to Friday, November 1, 2019 at 11:15 a.m. SO ORDERED. Initial Conference set for 11/1/2019 at 11:15 AM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 10/24/2019) (kv)
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MEDIATION CONFERENCE SCHEDULED First Mediation Conference scheduled for 11/20/2019 at 10:00 AM in Mediator's Office.(smc)
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Filing 20
ORDER granting #18 Letter Motion to Adjourn Conference. The initial pretrial conference scheduled for October 25, 2019 is hereby rescheduled to November 1, 2019 at 3:00 PM. The pre-conference materials described in the Court's previous order, Dkt. No. 14, shall be due on October 25, 2019. So Ordered Initial Conference set for 11/1/2019 at 03:00 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 9/16/2019) (js)
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NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 10/16/2019.(mf)
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Filing 19
ORDER OF AUTOMATIC REFERRAL TO MEDIATION (See M-10-468 Second Amended Standing Order). Please reference the Pilot Discovery Protocols, attached, and the Mediation Program Procedures (http://nysd.uscourts.gov/mediation). E-mail MediationOffice@nysd.uscourts.gov, telephone 212-805-0643. Mediator to be Assigned by 9/23/2019. (Signed by Judge Loretta A. Preska on 10/1/2015) (mf)
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Filing 18
FIRST LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from Edgar M. Rivera dated September 12, 2019. Document filed by Danielle Joyce.(Rivera, Edgar)
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Filing 17
NOTICE OF APPEARANCE by Michael John Passarella on behalf of Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao. (Passarella, Michael)
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Filing 16
ANSWER to #1 Complaint. Document filed by Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao.(Patton, Katelyn)
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Filing 15
NOTICE OF APPEARANCE by Katelyn Jeanne Patton on behalf of Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao. (Patton, Katelyn)
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Filing 14
NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 10/25/2019 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 8/28/2019) (jca)
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Filing 13
WAIVER OF SERVICE RETURNED EXECUTED. Shannon Follansbee waiver sent on 7/8/2019, answer due 9/6/2019; Remark Holdings, Inc. waiver sent on 7/8/2019, answer due 9/6/2019; Kai-Shing Tao waiver sent on 7/8/2019, answer due 9/6/2019. Document filed by Danielle Joyce. (Rivera, Edgar)
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Filing 12
NOTICE OF APPEARANCE by Edgar Mikel Rivera on behalf of Danielle Joyce. (Rivera, Edgar)
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Filing 11
ELECTRONIC SUMMONS ISSUED as to Remark Holdings, Inc.. (dnh)
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Filing 10
ELECTRONIC SUMMONS ISSUED as to Kai-Shing Tao. (dnh)
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Filing 9
ELECTRONIC SUMMONS ISSUED as to Shannon Follansbee. (dnh)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Remark Holdings, Inc. f/k/a Remark Media, Inc., re: #1 Complaint. Document filed by Danielle Joyce. (Harman, Walker)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to Kai-Shing Tao, re: #1 Complaint. Document filed by Danielle Joyce. (Harman, Walker)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Shannon Follansbee, re: #1 Complaint. Document filed by Danielle Joyce. (Harman, Walker)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Walker Green Harman, Jr.. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:2003; County code Albany;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:2000e; the County code has been modified to New York;. (pc)
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Magistrate Judge Stewart D. Aaron 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 OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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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Case Designated ECF. (pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Walker Green Harman, Jr. to RE-FILE Document No. #5 Request for Issuance of Summons, #3 Request for Issuance of Summons, #4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Each summons must have the same caption title;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Shannon Follansbee, re: #1 Complaint. Document filed by Danielle Joyce. (Harman, Walker) Modified on 7/8/2019 (pc).
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Filing 4
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Kai-Shing Tao, re: #1 Complaint. Document filed by Danielle Joyce. (Harman, Walker) Modified on 7/8/2019 (pc).
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Remark Holdings, Inc., f/k/a Remark Media, Inc., re: #1 Complaint. Document filed by Danielle Joyce. (Harman, Walker) Modified on 7/8/2019 (pc).
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Filing 2
CIVIL COVER SHEET filed. (Harman, Walker)
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Filing 1
COMPLAINT against Shannon Follansbee, Remark Holdings, Inc., Kai-Shing Tao. (Filing Fee $ 400.00, Receipt Number ANYSDC-17192169)Document filed by Danielle Joyce.(Harman, Walker)
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