Team Rubicon Global, Ltd. v. Team Rubicon, Inc.
| Team Rubicon Global, Ltd. |
| Team Rubicon, Inc. |
| 1:2020cv02537 |
| March 24, 2020 |
| US District Court for the Southern District of New York |
| Kevin Nathaniel Fox |
| Laura Taylor Swain |
| Contract: Other |
| 28 U.S.C. § 2201 dj |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 7, 2021. A more recent docket listing may be available from PACER.
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Filing 120
MEMO ENDORSEMENT on re: #119 Status Report filed by Team Rubicon, Inc. ENDORSEMENT: The stay of this action is continued. The next status report must be filed by March 1, 2022. (See docket entry no. 115.) SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/7/2021) (tg)
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Filing 119
STATUS REPORT. Document filed by Team Rubicon, Inc...(Salerno, Matthew)
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Filing 118
NOTICE OF CHANGE OF ADDRESS by Elizabeth Anna Parvis on behalf of Team Rubicon, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY, United States 10020, 212.906.1200..(Parvis, Elizabeth)
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Filing 117
NOTICE OF CHANGE OF ADDRESS by Jeff G. Hammel on behalf of Team Rubicon, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY, United States 10020, 212.906.1200..(Hammel, Jeff)
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Filing 116
NOTICE OF CHANGE OF ADDRESS by Matthew S Salerno on behalf of Team Rubicon, Inc.. New Address: Latham & Watkins LLP, 1271 Avenue of the Americas, New York, NY, United States 10020, 212.906.1200..(Salerno, Matthew)
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Filing 115
ORDER terminating without prejudice to restoration #108 Motion to Amend/Correct #108 MOTION to Amend/Correct. In light of the Notice of Bankruptcy filed by Plaintiff/Counterclaim Defendant Team Rubicon Global, Ltd., at Docket Entry No. 114, this action is stayed in its entirety, without prejudice to any application to the bankruptcy court for relief from the automatic stay. Defendant/Counterclaim Plaintiff is directed to file a status report on or before September 1, 2021, and each March 1 and September 1 thereafter, as to the status of the bankruptcy proceedings and whether, if the stay has been lifted or the bankruptcy proceedings have been concluded, this action should be returned to the active calendar or dismissed. The Clerk of Court is respectfully directed to terminate the motion at Docket Entry No. 108 without prejudice to restoration after the stay of this action is lifted. (Signed by Judge Laura Taylor Swain on 3/8/2021) (mro)
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Case Stayed (mro)
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Filing 114
NOTICE of BANKRUPTCY AND AUTOMATIC STAY. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 113
ORDER granting #112 Letter Motion for Local Rule 37.2 Conference. The defendant's request for a pre-motion conference, Docket Entry No. 112, is denied. On or before March 8, 2021, the parties shall: (1) meet and confer via telephone or a video conference platform, such as Zoom; and (2) attempt in good faith during that meeting to resolve all outstanding discovery disputes without the Court's assistance. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 3/4/2021) (va)
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Filing 112
LETTER MOTION for Local Rule 37.2 Conference addressed to Magistrate Judge Kevin Nathaniel Fox from Matthew S. Salerno dated March 2, 2021. Document filed by Team Rubicon, Inc...(Salerno, Matthew)
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Filing 111
DECLARATION of Elizabeth A. Parvis in Support re: #108 MOTION to Amend/Correct /Supplement Counterclaim Plaintiff Team Rubicon, Inc.'s Answer and Counterclaims with Additional Facts and Claims.. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- Proposed Supplemental Answer and Counterclaims, #2 Exhibit B- Redline comparing Proposed Supplemental Answer and Counterclaims to Answer and Counterclaims (ECF No. 28)).(Parvis, Elizabeth)
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Filing 110
DECLARATION of Jacob Wood in Support re: #108 MOTION to Amend/Correct /Supplement Counterclaim Plaintiff Team Rubicon, Inc.'s Answer and Counterclaims with Additional Facts and Claims.. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A - TRG July 31, 2020 Email, #2 Exhibit B - Team Rubicon Employee Email, #3 Exhibit C - Team Rubicon Volunteer Email, #4 Exhibit D - Team Rubicon Employee Family Email, #5 Exhibit E - Domain Name Information for teamrubiconnor.org, #6 Exhibit F - Domain Name Information for teamrubiconnorway.org, #7 Exhibit G - Domain Name Information for teamrubiconaustralia.org).(Salerno, Matthew)
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Filing 109
MEMORANDUM OF LAW in Support re: #108 MOTION to Amend/Correct /Supplement Counterclaim Plaintiff Team Rubicon, Inc.'s Answer and Counterclaims with Additional Facts and Claims. . Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 108
MOTION to Amend/Correct /Supplement Counterclaim Plaintiff Team Rubicon, Inc.'s Answer and Counterclaims with Additional Facts and Claims. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: Telephone Conference held on 2/4/2021. (Potter, Elizabeth)
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Filing 107
MANDATE of USCA (Certified Copy) as to #96 Notice of Appeal, filed by Team Rubicon Global, Ltd. USCA Case Number 20-1852.IT IS HEREBY ORDERED, ADJUDGED and DECREED that the order of the district court is AFFIRMED.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 12/11/2020..(nd)
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Filing 106
ORDER re: #103 Letter filed by Team Rubicon Global, Ltd. The Court has considered the parties' letters and their respective representations, including: (1) the plaintiff's failure to make citation to legal authorities in support of certain discovery issues it raised; and (2) the fact that the defendant started producing documents on the same date on which the plaintiff filed its letter raising certain discovery issues with the Court, as well as the defendant's willingness to work in good faith with the plaintiff and its confidence that "most, if not all, of these issues can be resolved without expending the Court's valuable resources." The Court is not convinced that the parties exhausted their good faith efforts to resolve any remaining discovery issues without the Court's assistance. Accordingly, the plaintiff's request for a pre-motion conference, Docket Entry No. 103, is denied as premature. (Signed by Magistrate Judge Kevin Nathaniel Fox on 10/5/2020) (va)
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Filing 105
LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Majed Dakak dated October 5, 2020 re: TR-USA letter [dkt. 104]. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 104
LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Jeff G. Hammel dated October 1, 2020 re: Plaintiff Team Rubicon Global, Ltd.'s September 30, 2020 letter to the Court. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 103
LETTER addressed to Magistrate Judge Kevin Nathaniel Fox from Majed Dakak dated September 30, 2020 re: Plaintiffs Request for A Pre-Motion Discovery Conference. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 102
ORDER of USCA (Certified Copy) as to #96 Notice of Appeal, filed by Team Rubicon Global, Ltd. USCA Case Number 20-1852. Appellant moves to stay the district court's preliminary injunction order and for expedited review. Upon due consideration, it is hereby ORDERED that the motion for a stay is DENIED. See Nken v. Holder, 556 U.S. 418, 43435 (2009). It is further ORDERED that the motion to expedite is GRANTED to the following extent: Appellant's brief is due 14 days from this order; Appellee's brief is due 14 days thereafter; and Appellant's reply brief is due 7 days thereafter. Oral argument is to be scheduled before the first available panel thereafter. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 08/21/2020..(nd)
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Filing 101
ORDER: IT IS HEREBY ORDERED that: 1. all discovery, of whatever nature, be initiated so as to be completed on or before April 15, 2021; 2. the last date on which to amend pleadings will be September 15, 2020; 3. the last date on which to join additional parties will be September 15, 2020; 4. a telephonic status conference will be held with the parties on February 4, 2021, at 10:00 a.m. The parties shall use dial in (888) 557-8511 and enter access code 4862532; and 5. a settlement conference will be held with the parties via telephone on April 29, 2021, at 10:30 a.m. The parties are directed to review and comply with the undersigned's Procedures Applicable to Cases Referred for Settlement, which may be found on the Court's website. As set forth in the procedures, no later than 3 days before the conference, the parties must provide Judge Fox: (1) a pre-conference letter; and (2) a completed attendance form, except that these submissions shall be made via e-mail to: laura_midwood@nysd.uscourts.gov. SO ORDERED. ( Discovery due by 4/15/2021. Amended Pleadings due by 9/15/2020. Joinder of Parties due by 9/15/2020. Telephone Conference set for 2/4/2021 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox. Telephone Conference set for 4/29/2021 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox. ) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/15/2020) (va)
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Minute Entry for proceedings held before Magistrate Judge Kevin Nathaniel Fox: A Telephone Conference was held on 7/15/2020. (Midwood, Laura)
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Filing 100
INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. For Initial Pretrial Conference Per Order (Dkt. 97) Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 99
ORDER of USCA (Certified Copy) as to #96 Notice of Appeal, filed by Team Rubicon Global, Ltd. USCA Case Number 20-1852. IT IS HEREBY ORDERED that a temporary administrative stay of the preliminary injunction is granted pending decision on this motion by a three-judge motions panel. The motion is REFERRED to the panel sitting on Tuesday, August 18, 2020. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 7/13/2020. (tp)
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Filing 98
INJUNCTION BOND, BOND #107272536 in the amount of $1,000,000.00 posted by defendant.(km)
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Filing 97
ORDER: An initial pretrial conference will be held in the above-captioned action on July 15, 2020, at 10:30 a.m. The conference will be held by telephone. The parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. Initial Conference set for 7/15/2020 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox. (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/17/2020) (va)
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Filing 96
NOTICE OF APPEAL from #57 Memorandum & Opinion,,,,,,,,,,,,. Document filed by Team Rubicon Global, Ltd.. Filing fee $ 505.00, receipt number ANYSDC-20239094. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Dakak, Majed)
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Filing 95
MEMORANDUM ORDER: denying #61 Letter Motion to Stay. For the foregoing reasons, Plaintiff's motion to stay the May Order is denied and Plaintiff's request to set bond is granted. It is hereby ordered that Defendant shall post security with the Clerk of Court in the amount of one million Dollars ($1,000,000), in cash or in the form of a letter of credit. The security must be posted by June 19, 2020. This case remains referred to Magistrate Judge Fox for general pretrial management. Docket Entry No. 61 is resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 6/12/2020) (ama)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #96 Notice of Appeal, filed by Team Rubicon Global, Ltd. were transmitted to the U.S. Court of Appeals. (tp)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #96 Notice of Appeal. (tp)
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Filing 94
DECLARATION of Elizabeth A. Parvis in Opposition re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A - Letter from Team Rubicon to TRG, dated May 21, 2020, #2 Exhibit B - Team Rubicon press release dated June 11, 2020).(Parvis, Elizabeth)
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Filing 93
DECLARATION of John D. Pitts in Opposition re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 92
DECLARATION of Christopher Perkins in Opposition re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 91
RESPONSE in Opposition to Motion re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, . / Sur-Reply in Further Opposition to Motion to Stay Preliminary Injunction. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 90
MEMO ENDORSEMENT on re: #89 Letter filed by Team Rubicon, Inc. ENDORSEMENT: The request for permission to file a surreply of no more than five (5) pages is granted. The surreply must be filed by June 11, 2020. DE # 89 resolved. SO ORDERED., ( Surreplies due by 6/11/2020.) (Signed by Judge Laura Taylor Swain on 6/08/2020) (ama)
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Filing 89
LETTER addressed to Judge Laura Taylor Swain from Jeff G. Hammel dated June 8, 2020 re: reply brief and supporting documents submitted to the Court by Team Rubicon Global, Ltd. on June 4, 2020 (Dkt. Nos. 81-88). Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 88
DECLARATION of Sir Nick Parker in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 87
DECLARATION of Nick Parker in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Paluch, Mark)
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Filing 86
DECLARATION of Sara George in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 85
DECLARATION of Ole A. Fauske in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 84
DECLARATION of Sara George in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Paluch, Mark)
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Filing 83
DECLARATION of William McNulty in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 82
MEMORANDUM OF LAW in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, . . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 81
DECLARATION of David Fascinato in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 80
DECLARATION of Jacob Wood in Opposition re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 79
DECLARATION of Dana Barata in Opposition re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 78
MEMORANDUM OF LAW in Opposition re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, . . Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 77
DECLARATION of Elizabeth A. Parvis in Opposition re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A Letter from Team Rubicon to TRG dated April 17, 2020, #2 Exhibit B Email from Team Rubicon to TRG dated May 20, 2020, #3 Exhibit C Letter from Team Rubicon to Team Rubicon Australia dated May 22, 2020, #4 Exhibit D Letter from Team Rubicon to Team Rubicon UK dated May 22, 2020, #5 Exhibit E Letter from Team Rubicon to Team Rubicon Norway dated May 22, 2020, #6 Exhibit F Letter from TR-AUS to Team Rubicon dated May 28, 2020, #7 Exhibit G Email from TR-UK to Team Rubicon dated May 28, 2020, #8 Exhibit H Letter from TR-NOR to Team Rubicon dated May 29, 2020, #9 Exhibit I Letter from Team Rubicon to TR-AUS dated June 1, 2020, #10 Exhibit J Letter from Team Rubicon to TR-UK dated June 1, 2020, #11 Exhibit K Letter from Team Rubicon to TR-NOR dated June 1, 2020, #12 Exhibit L Screenshot dated June 2, 2020 of www.disasterreliefaus.org, #13 Exhibit M Screenshot dated June 2, 2020 of a Twitter account for @React_Response, #14 Exhibit N Team Rubicon email correspondence with GoDaddy dated June 1, 2020, #15 Exhibit O Team Rubicon email correspondence with Airbnb dated May 29, 2020).(Parvis, Elizabeth)
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Filing 76
STATUS REPORT. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 75
MEMO ENDORSEMENT on re: #71 Letter filed by Team Rubicon Global, Ltd. ENDORSEMENT: The request for an immediate stay is denied. The Court will consider the stay application when it has been fully briefed. The parties are urged to conduct meaningful good faith negotiations, including as to measures to ensure the continued housing of volunteer personnel who are already abroad and a means of electronic communication, such as a non-TR address to which the teamrubicon global email can be forwarded on atemporary basis. DE# 71 resolved. So Ordered. (Signed by Judge Laura Taylor Swain on 5/28/2020) (js)
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Filing 74
LETTER addressed to Judge Laura Taylor Swain from Jeff G. Hammel dated May 29, 2020 re: response to letter filed May 28, 2020 (Dkt. No. 73). Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 73
LETTER addressed to Judge Laura Taylor Swain from Majed Dakak dated May 28, 2020 re: #70 SDNY Memo Endorsed re Expedited Schedule. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 72
RESPONSE re: #71 Letter . Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 71
LETTER addressed to Judge Laura Taylor Swain from Majed Dakak dated May 28, 2020 re: #70 SDNY Memo Endorsed re Expedited Schedule. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 70
MEMO ENDORSEMENT on re: #68 LETTER addressed to Judge Laura Taylor Swain from Majed Dakak dated May 26, 2020 re: Expedited Schedule re Motion to Stay Preliminary Injunction and Set Bond [ECF 61]. Document filed by Team Rubicon Global, Ltd. ENDORSEMENT: The request for expedited briefing is granted. Opposition papers must be filed by June 2, 2020, and reply papers must be filed by June 4, 2020. The parties are directed to meet and confer promptly to use their best efforts to reach a negotiated resolution of the issues of security and stay pending an application to the Court of Appeals for a further stay pending appeal, and shall file a status report by June 1, 2020, as to whether they have reached agreement on either or both of those issues. DE# 68 resolved. SO ORDERED. (Responses due by 6/2/2020. Replies due by 6/4/2020.) (Signed by Judge Laura Taylor Swain on 5/27/2020) (rjm)
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Filing 69
LETTER addressed to Judge Laura Taylor Swain from Jeff G. Hammel dated May 27, 2020 re: response to the letter submitted to the Court by Team Rubicon Global, Ltd. (Dkt. No. 68). Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 68
LETTER addressed to Judge Laura Taylor Swain from Majed Dakak dated May 26, 2020 re: Expedited Schedule re Motion to Stay Preliminary Injunction and Set Bond [ECF 61]. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 67
DECLARATION of Sara George in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 66
DECLARATION of Sir Nick Parker in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 65
DECLARATION of Ole A. Fauske in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 64
DECLARATION of David Fascinato in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 63
DECLARATION of William McNulty in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 62
MEMORANDUM OF LAW in Support re: #61 MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, . . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 61
MOTION to Stay re: #57 Memorandum & Opinion,,,,,,,,,,,, . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 60
ORDER denying #58 Letter Motion for Leave to File Document. Defendant and Counter Claimant Team Rubicon, Inc.'s request to add the May 15, 2020, Declaration of Elizabeth Parvis, which was not part of the record upon which the Court formulated its Memorandum Opinion and Order Granting Defendant's Motion for Preliminary Injunction and Denying Plaintiff's Motion, is denied. (Docket Entry No. 58.) Defendant is directed to provide information regarding the nature of the "sensitive personal information" revealed by the metadata in the April 24, 2020, Declaration of Elizabeth Parvis (docket entry no. 30) that it now seeks to redact or seal, including an explanation of why redacting or sealing such information would be consistent with the presumption in favor of public access to judicial documents. See, e.g., Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119-20 (2d Cir. 2006). Defendant's submission must be filed by Wednesday, May 27, 2020. Plaintiff's response, if any, must be filed by Thursday, May 28, 2020.The Clerk of Court is respectfully directed to unseal Docket Entry No. 30-1. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/22/2020) (ama)
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Filing 59
LETTER addressed to Judge Laura Taylor Swain from Majed Dakak dated May 21, 2020 re: Mr. Hammels May 21, 2020 letter (dkt 58). Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 58
LETTER MOTION for Leave to File /Re-File Declaration and Exhibits addressed to Judge Laura Taylor Swain from Jeff G. Hammel dated May 21, 2020. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit 1 --Parvis Declaration, #2 Exhibit 1-1 --Ex A to Parvis Declaration (The Intercept article), #3 Exhibit 1-2 --Ex B to Parvis Declaration (Declaration of George Young), #4 Exhibit 2 --Replacement for Docket Entry No. 30-2).(Hammel, Jeff)
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Filing 57
MEMORANDUM OPINION AND ORDER GRANTING DEFENDANT'S MOTION FOR PRELIMINARY INJUNCTION AND DENYING PLAINTIFF'S MOTION: re: #19 MOTION for Preliminary Injunction filed by Team Rubicon Global, Ltd., #27 MOTION for Preliminary Injunction filed by Team Rubicon, Inc. For the foregoing reasons, Plaintiff's motion for a preliminary injunction is denied and Defendant's motion for preliminary injunction is granted. Plaintiff and all others acting in concert with it with notice of this injunction (collectively, the "Enjoined Parties") are hereby enjoined, pending resolution of this action, from (i) publishing, using, displaying, distributing or sublicensing Team Rubicon's trademarks, including the TEAM RUBICON mark and the Team Rubicon logo (the "TR Marks") and any confusingly similar variations thereof, in, on, or with any products or services, or in connection with the advertising, marketing or other promotion,distribution, offering for sale, or sale of any products or services, including on any social media accounts; (ii) using any false designation of origin, false representation, or any false or misleading description of fact, that can, or is likely to, lead the consuming public or individual members thereof, to believe that any products or services produced, offered, promoted, marketed, advertised, provided, sold or otherwise distributed by the Enjoined Parties is in any manner associated or connected with Team Rubicon, or are licensed, approved, or authorized in any way by Team Rubicon; (iii) representing or suggesting in any fashion to any third party, or performing any act that may give rise to the belief, that the Enjoined Parties, or any of their products or services, are related to, authorized by, or sponsored by Team Rubicon; (iv) registering any domain name that contains the TR Marks or any misspelling or variation of those marks, or any domain name confusingly similar to those marks; (v) operating or authorizing the operation of any website using any domain name incorporating any of the TR Marks or any misspelling or variation of those marks, or any domain name confusingly similar to the TR Marks; (vi) using any social media or similar accounts or social media websites, andregistering any social media accounts, that uses any of the TR Marks, any misspelling or variation of those marks or any other confusingly similar mark; (vii) unfairly competing with Team Rubicon in any manner whatsoever, or engaging in any unfair, fraudulent, or deceptive business practices that relate in any way to the production, distribution, marketing and/or sale of products and services bearing the TR Marks or any other mark likely to cause confusion with the TR Marks, including any misspelling or variation of those marks or any other confusingly similar mark; and (viii) assisting, aiding or abetting any other person or entity in engaging in or performing any such activities. This Memorandum Opinion and Order resolves Docket Entry Nos. 19 and 27. This case remains referred to Magistrate Judge Fox for general pretrial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/19/2020) (ama)
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Filing 56
DECLARATION of Bryan Riddell in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- Text Conversation between Riddell and DeMeda).(Hammel, Jeff)
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Filing 55
DECLARATION of Richard Sharp in Support re: #19 MOTION for Preliminary Injunction .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 54
DECLARATION of Elizabeth A. Parvis in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- May 13, 2020 The Intercept article, #2 Exhibit B- Corrected Declaration of George Young).(Parvis, Elizabeth)
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Filing 53
DECLARATION of William McNulty in Support re: #19 MOTION for Preliminary Injunction .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 52
REPLY MEMORANDUM OF LAW in Support re: #19 MOTION for Preliminary Injunction . . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 51
DECLARATION of Jacob Wood in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- July 8, 2019 Letter from TRG to Team Rubicon, #2 Exhibit B- TRUK sublicense agreement).(Hammel, Jeff)
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Filing 50
DECLARATION of Shantal Merchain in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- April 2, 2020 NonProfit Times Article, #2 Exhibit B- Team Rubicon Employee Handbook, #3 Exhibit C- August 23, 2019 Sharp Report, #4 Exhibit D- August 23, 2019 Evans Report).(Hammel, Jeff)
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Filing 49
FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #56) - DECLARATION of Bryan Riddell in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- Excerpt of TR-UK report).(Hammel, Jeff) Modified on 5/18/2020 (ldi).
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Filing 48
REPLY MEMORANDUM OF LAW in Support re: #27 MOTION for Preliminary Injunction . . Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 47
ANSWER to #28 Counterclaim. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 46
DECLARATION of Adam Szafran in Opposition re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 45
DECLARATION of William McNulty in Opposition re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 44
DECLARATION of Melissa DeMeda in Opposition re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 43
MEMORANDUM OF LAW in Opposition re: #27 MOTION for Preliminary Injunction . . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 42
DECLARATION of Suzanne M. Bock in Opposition re: #19 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 41
DECLARATION of Rowena Zimmers in Opposition re: #19 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 40
DECLARATION of Jacob Wood in Opposition re: #19 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- Dec. 17, 2019 Letter from TRG).(Hammel, Jeff)
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Filing 39
MEMORANDUM OF LAW in Opposition re: #19 MOTION for Preliminary Injunction . . Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 38
LETTER addressed to Judge Laura Taylor Swain from Jeff G. Hammel dated April 30, 2020 re: clarification of timing issue. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 37
MEMO ENDORSEMENT: on re: #36 Letter filed by Team Rubicon Global, Ltd. ENDORSEMENT: In light of Defendant's delay in completing the filing of its motion, Plaintiff's opposition to Defendant's motion is now due on May 9, 2020. Defendant's opposition to Plaintiff's motion remains due on May 8, 2020, and both reply briefs remain due on May 15, 2020. DE #36 resolved. SO ORDERED., ( Responses due by 5/9/2020, Replies due by 5/15/2020.) (Signed by Judge Laura Taylor Swain on 4/29/2020) (ama)
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Filing 36
LETTER addressed to Judge Laura Taylor Swain from Majed Dakak dated April 29, 2020 re: Deadline for Plaintiffs Opposition to Defendants Motion. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 35
ORDER granting #25 Motion for Matthew W. Walch to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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Filing 34
DECLARATION of Bryan Riddell in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A - Nov. 5, 2019 letter from TR-Can to TRG).(Hammel, Jeff)
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Filing 33
DECLARATION of Jacob Wood in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A - Team Rubicon Certificate of Registration of Trademark No. 5,048,837, #2 Exhibit B - Team Rubicon Certificate of Registration of Trademark No. 5,048,836, #3 Exhibit C - NPR article titled "Veterans Deploy to Northeast After Superstorm Sandy," by Quil Lawrence, dated November 11, 2015, #4 Exhibit D - Patch article titled "Team Rubicon Helps Mom Rebuild Home Nearly Lost To Harvey," by Bryan Kirk, dated July 5, 2019, #5 Exhibit E - Forbes article titled "Vets Who Still Serve: After Disasters, Team Rubicon Picks Up the Pieces," by Howard Husock, dated September 10, 2015, #6 Exhibit F - Forbes article titled, "NASCAR's Dale Earnhardt Jr., Team Rubicon and Mountain Dew Partner in Disaster Relief," by Andy Fryo, dated February 22, 2019, #7 Exhibit G - CNN article titled "Team Rubicon mobilizes veterans to serve neighbors during Covid-19 pandemic," dated April 16, 2020, #8 Exhibit H - Master Trademark License Agreement ("MTLA"), #9 Exhibit I - Code of Conduct from Team Rubicon Leadership Conference, #10 Exhibit J - October 9, 2019 letter from Team Rubicon to TRG, #11 Exhibit K - December 9, 2019 letter from Team Rubicon to TRG, #12 Exhibit L - January 8, 2020 letter from Team Rubicon to TRG, #13 Exhibit M - landing page of TRG website, #14 Exhibit N - TRG's Facebook page downloaded on April 15, 2020, #15 Exhibit O - TRG's Twitter page downloaded on April 15, 2020, #16 Exhibit P - April 15, 2020 TRG newsletter).(Hammel, Jeff)
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Filing 32
DECLARATION of George Young in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A - Nov. 5, 2019 letter from TR-Can to TRG).(Hammel, Jeff)
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Filing 31
DECLARATION of Adam Miller in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- Jan. 13, 2020 TRG Twitter post, #2 Exhibit B- Mar. 28, 2020 TRG Twitter post, #3 Exhibit C-Apr. 15, 2020 TRG email newsletter, #4 Exhibit D- Apr. 15, 2020 TRG Facebook post).(Hammel, Jeff)
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Filing 30
DECLARATION of Elizabeth A. Parvis in Support re: #27 MOTION for Preliminary Injunction .. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- November 19, 2019 Letter to General Sir Nicholas Parker, #2 Exhibit B- November 18, 2019 Letter to General Sir Nicholas Parker).(Parvis, Elizabeth)
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Filing 29
MEMORANDUM OF LAW in Support re: #27 MOTION for Preliminary Injunction . . Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 28
ANSWER to #12 Amended Complaint., COUNTERCLAIM against Team Rubicon Global, Ltd.. Document filed by Team Rubicon, Inc.. (Attachments: #1 Exhibit A- MTLA, #2 Exhibit B- Intentionally Omitted, #3 Exhibit C-Oct. 9, 2019 letter from Team Rubicon to TRG, #4 Exhibit D-Dec. 9, 2019 letter from Team Rubicon to TRG terminating the MTLA., #5 Exhibit E-Jan. 8, 2020 letter from Team Rubicon to TRG that TRGs use of the TR Marks was unauthorized., #6 Exhibit F-Mar. 28, 2020 tweet, #7 Exhibit G- Jan. 13, 2020 tweet, #8 Exhibit H-Apr. 15, 2020 Facebook post, #9 Exhibit I Apr. 15, 2020 TRG email newsletter).(Hammel, Jeff)
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Filing 27
MOTION for Preliminary Injunction . Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 26
ORDER granting #23 Letter Motion for Extension of Time to File Response/Reply. The foregoing schedule is approved and shall govern opposition and reply briefing on Plaintiffs pending motion as well as briefing on any motion filed by Defendant by 4:00 p.m. on April 24, 2020. DE#23 resolved. So Ordered. (Signed by Judge Laura Taylor Swain on 4/24/2020) (js)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #25 MOTION for Matthew W. Walch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19559708. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)
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Set/Reset Deadlines: Motions due by 4/24/2020. Responses due by 5/8/2020 Replies due by 5/15/2020. (js)
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Filing 25
MOTION for Matthew W. Walch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19559708. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Team Rubicon, Inc.. (Attachments: #1 Declaration in Support of Motion for Admission Pro Hac Vice, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Walch, Matthew)
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Filing 24
LETTER RESPONSE to Motion addressed to Judge Laura Taylor Swain from Majed Dakak dated April 23, 2020 re: #23 LETTER MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Preliminary Injunction . with proposed briefing schedule addressed to Judge Laura Taylor Swain from Jeff G. Hammel dated April 22, 2020. . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 23
LETTER MOTION for Extension of Time to File Response/Reply as to #19 MOTION for Preliminary Injunction . with proposed briefing schedule addressed to Judge Laura Taylor Swain from Jeff G. Hammel dated April 22, 2020. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 22
AFFIDAVIT of Rev. Charles F. Kalmbach, Ph.D. in Support re: #19 MOTION for Preliminary Injunction .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 21
AFFIDAVIT of William McNulty in Support re: #19 MOTION for Preliminary Injunction .. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION for Preliminary Injunction . . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 19
MOTION for Preliminary Injunction . Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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Filing 18
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Preliminary Injunction . Document filed by Team Rubicon Global, Ltd.. (Attachments: #1 Affidavit OF WILLIAM MCNULTY IN SUPPORT OF TEAM RUBICON GLOBAL, LTD.'S MOTION FOR PRELIMINARY INJUNCTION, #2 Affidavit OF Rev. CHARLES F KALMBACH, Ph.D. IN SUPPORT OF TEAM RUBICON GLOBAL, LTD'S MOTION FOR PRELIMINARY INJUNCTION).(Dakak, Majed) Modified on 4/22/2020 (db).
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Filing 17
NOTICE of OF TEAM RUBICON GLOBAL, LTD.'S MOTION FOR PRELIMINARY INJUNCTION. Document filed by Team Rubicon Global, Ltd...(Dakak, Majed)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Majed Dakak to RE-FILE Document #18 MOTION for Preliminary Injunction . Use the event type Memorandum in Support of Motion found under the event list Replies, Oppositions and Supporting Documents. ***REMINDER*** - First refile the #17 Notice AS THE MOTION for a Preliminary Injunction, then file and link any supporting document. Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents). Refile 4 separate documents. (db)
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Filing 16
NOTICE OF APPEARANCE by Matthew S Salerno on behalf of Team Rubicon, Inc...(Salerno, Matthew)
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Filing 15
NOTICE OF APPEARANCE by Elizabeth Anna Parvis on behalf of Team Rubicon, Inc...(Parvis, Elizabeth)
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Filing 14
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Team Rubicon, Inc...(Hammel, Jeff)
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Filing 13
NOTICE OF APPEARANCE by Jeff G. Hammel on behalf of Team Rubicon, Inc...(Hammel, Jeff)
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Filing 12
FIRST AMENDED COMPLAINT amending #1 Complaint against Team Rubicon, Inc. with JURY DEMAND.Document filed by Team Rubicon Global, Ltd.. Related document: #1 Complaint..(Brantly, Amy)
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Filing 11
ORDER granting #9 Motion for Majed Dakak to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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Filing 10
ORDER granting #8 Motion for Mark Paluch to Appear Pro Hac Vice (HEREBY ORDERED by Magistrate Judge Kevin Nathaniel Fox)(Text Only Order) (Fox, Kevin Nathaniel)
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Filing 9
MOTION for Majed Dakak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19365978. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Team Rubicon Global, Ltd.. (Attachments: #1 Affidavit IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #2 Text of Proposed Order).(Dakak, Majed)
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Filing 8
MOTION for Mark Eugene Paluch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19364237. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Team Rubicon Global, Ltd.. (Attachments: #1 Affidavit IN SUPPORT OF MOTION FOR ADMISSION PRO HAC VICE, #2 Text of Proposed Order).(Paluch, Mark)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Majed Dakak to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19365978. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Mark Eugene Paluch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19364237. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ad)
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Filing 7
SUMMONS RETURNED EXECUTED Summons and Complaint served. Team Rubicon, Inc. served on 3/26/2020, answer due 4/16/2020. Service was accepted by Jake Wood, CEO of Team Rubicon, Inc.. Document filed by Team Rubicon Global, Ltd...(Brantly, Amy)
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Filing 6
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 Kevin Nathaniel Fox. (Signed by Judge Laura Taylor Swain on 3/26/2020) (rro)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Team Rubicon, Inc...(pc)
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Magistrate Judge Kevin Nathaniel Fox 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Case Designated ECF. (pc)
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| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Team Rubicon Global, Ltd...(Brantly, Amy) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Team Rubicon, Inc., a Minnesota Corporation, re: #1 Complaint. Document filed by Team Rubicon Global, Ltd...(Brantly, Amy) |
| Filing 2 CIVIL COVER SHEET filed..(Brantly, Amy) |
| Filing 1 COMPLAINT against Team Rubicon, Inc.. (Filing Fee $ 400.00, Receipt Number BNYSDC-19215514)Document filed by Team Rubicon Global, Ltd...(Brantly, Amy) |
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