Toretto et al v. Donnelley Financial Solutions, Inc., et al
| Phillip Toretto, Daniel C. King and Sheri Braun |
| MEDIANT COMMUNICATIONS, INC. and Donnelley Financial Solutions, Inc., |
| 1:2020cv02667 |
| March 30, 2020 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Personal Property: Other |
| 28 U.S.C. § 1332 Diversity Action |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 5, 2023. A more recent docket listing may be available from PACER.
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Filing 170
FINAL JUDGMENT: Pursuant to Federal Rule of Civil Procedure 58 and consistent with its Order Certifying Class, Approving Settlement, and Awarding Attorneys' Fees and Service Awards, this Court enters final judgment on and hereby dismisses the above-captioned Action and the Released Claims (as defined in the Settlement) on the merits and with prejudice, and without costs to any parties as against any other settling party, except as provided in the Settlement Agreement and herein. This Court retains jurisdiction over this action and the parties to administer, supervise, interpret and enforce the Settlement Agreement and this Order. The Clerk of Court is directed to terminate all pending motions and to close this case. (Signed by Judge Gregory H. Woods on 1/5/2023) (rro)
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Filing 169
ORDER CERTIFYING CLASS, APPROVING CLASS ACTION SETTLEMENT, AND AWARDING ATTORNEYS' FEES AND SERVICE AWARDS: IT IS HEREBY ORDERED as follows: 1. Unless otherwise defined, all terms capitalized herein shall have the same meaning ascribed to those terms in the Settlement. 2. The Court has jurisdiction over this litigation, Plaintiffs Phillip Torretto, Daniel C. King, and Sheri Braun ("Plaintiffs"), Mediant, the Settlement Class Members, and the Released Parties. 3. The Court finally and unconditionally grants approval of the Parties' Settlement Agreement, including but not limited to, the Settlement Benefits, the Releases therein, and the procedures for distribution of Settlement Benefits to the Settlement Benefits, the Releases therein, and the procedures for distribution of Settlement Benefits to Settlement Class Members. 4. All Settlement Class Members who have not timely excluded themselves from the Settlement Class are bound by this Final Approval Order and Judgment, and this Final Approval Order shall have maximum res judicata, collateral estoppel, and all other preclusive effect on all causes of action, claims for relief, demands, petitions, or any other challenges or allegations that arise out of or relate to the subject matter of the Litigation and shall permanently bar Plaintiffs and each Settlement Class Member who did not timely opt-out from bringing or participating in any action against Mediant or the Released Parties asserting any of the Released Claims, as provided in the Settlement Agreement. (As further set forth herein.) IT IS SO ORDERED. (Signed by Judge Gregory H. Woods on 1/5/2023) (va)
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Case Stay Lifted. (rro)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Fairness Hearing held on 1/5/2023. (Court Reporter present) (wv)
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Filing 168
PROPOSED JUDGMENT. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John) Proposed Judgment to be reviewed by Clerk's Office staff.
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Filing 167
FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - PROPOSED ORDER. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. Related Document Number: #163 ..(Moore, John) Proposed Order to be reviewed by Clerk's Office staff. Modified on 12/22/2022 (km).
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Filing 166
PROPOSED ORDER. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. Related Document Number: #163 ..(Moore, John) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 165
DECLARATION of Cameron R. Azari in Support re: #163 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Proposed Class Action Settlement Pursuant to Rule 23(e).. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 164
MEMORANDUM OF LAW in Support re: #163 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Proposed Class Action Settlement Pursuant to Rule 23(e). . Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 163
MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of Proposed Class Action Settlement Pursuant to Rule 23(e). Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #166 Proposed Order was reviewed and approved as to form. (km)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney John Moore to RE-FILE Document #167 Proposed Order. Use the event type Proposed Orders, Proposed Judgment. (km)
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***NOTICE TO COURT REGARDING PROPOSED JUDGMENT. Document No. #168 Proposed Judgment was reviewed and approved as to form. (km)
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Filing 162
ORDER granting #161 Letter Motion for Leave to File Excess Pages. Application granted. Plaintiffs are given leave to use up to 35 pages in their forthcoming Memorandum in Support of Unopposed Motion for Final Approval of Class Action Settlement. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 161. (Signed by Judge Gregory H. Woods on 12/15/2022) (rro)
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Filing 161
LETTER MOTION for Leave to File Excess Pages for Plaintiffs' Memorandum in Support of Unopposed Motion for Final Approval of Class Action Settlement addressed to Judge Gregory H. Woods from J. Austin Moore dated 12/15/2022. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 160
MEMO ENDORSEMENT on re: #159 Request to Participate filed by Mediant Communications, Inc. ENDORSEMENT: Application denied. The Court encourages counsel to consider requesting that a final fairness hearing be conducted by remote means prior to court approval of the notice to class members. At this point, the Court declines to deviate from the procedure outlined in the notice. (Signed by Judge Gregory H. Woods on 11/28/2022) (rro)
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Filing 159
REQUEST TO PARTICIPATE in Final Fairness Hearing by Videoconference. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 158
DECLARATION of J. Austin Moore, Elaine Ryan and John A. Yanchunis in Support re: #156 MOTION for Attorney Fees Class Counsel's Unopposed Motion for an Award of Attorneys' Fees and Expenses and for Plaintiff Service Awards.. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 157
MEMORANDUM OF LAW in Support re: #156 MOTION for Attorney Fees Class Counsel's Unopposed Motion for an Award of Attorneys' Fees and Expenses and for Plaintiff Service Awards. . Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 156
MOTION for Attorney Fees Class Counsel's Unopposed Motion for an Award of Attorneys' Fees and Expenses and for Plaintiff Service Awards. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 155
ORDER granting #144 Letter Motion to Seal. Having evaluated these factors, the motion to seal is granted. Exhibit A to the parties' settlement agreement is a judicial document because it was filed in connection with Plaintiff's motion for preliminary approval of the class action settlement. The weight of the presumption is modest. The Court considered the details of Mediant's business and security commitments, but those aspects of the settlement are prophylactic and intended to guard against possible future breaches; they do not provide class members with redress for asserted injuries. Further, the parties contend that Exhibit A contains "nonpublic, confidential, and commercially sensitive information" and that "public availability of the details of [Mediant's] operating systems and system protections could serve as a roadmap to anyone seeking unauthorized access to Mediant's network." Dkt. No. 144. Because release of the information contained in Exhibit A could pose a security risk or cause commercial harm to Mediant, and because the parties' request is narrowly tailored to protect only a limited portion of the settlement agreement, the presumption of public access is overcome as to Exhibit A. As a result, the motion to seal is granted. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 144. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/24/2022) (va)
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Filing 153
ORDER PRELIMINARILY APPROVING CLASS ACTION SETTLEMENT AND DIRECTING NOTICE OF PROPOSED SETTLEMENT granting #145 Motion for Settlement. IT IS HEREBY ORDERED as follows: 1. Unless otherwise defined herein, all terms capitalized herein shall have the same meaning ascribed to those terms in the Settlement. 2. The Court has jurisdiction over this litigation, Plaintiffs, Mediant Communications, Inc. ("Mediant"), the Settlement Class Members, and the Released Parties. 26. The Court will hold a Final Fairness Hearing on January 5, 2023, at 10:00 a.m., in Courtroom 12C of the United States District Court for the Southern District of New York, United States Courthouse, 500 Pearl Street, New York, NY 10007-1312. The Court may require or allow the Parties and any objectors to appear at the Final Fairness Hearing by telephone or videoconference. (As further set forth herein.) IT IS SO ORDERED. (Signed by Judge Gregory H. Woods on 6/24/2022) (va)
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***DELETED DOCUMENT. Deleted document number 154 ORDER TO SHOW CAUSE. The document was incorrectly filed in this case. (va)
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Set/Reset Hearings: Fairness Hearing set for 1/5/2023 at 10:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (va)
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Filing 152
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #145 MOTION for Settlement Preliminary Settlement Approval (Unopposed). . Document filed by Phillip Toretto, Sheri Braun, Daniel C. King, Mediant Communications, Inc.. (Attachments: #1 Exhibit 1 - Settlement Agreement)Motion or Order to File Under Seal: #144 .(Moore, John)
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Filing 151
ORDER. On June 17, 2022 the parties submitted a joint letter motion requesting leave to file a document under seal in connection with Plaintiff's motion for preliminary approval of class action settlement. Dkt. No. 144. The document is Exhibit A to the parties' Settlement Agreement, which in turn is Exhbit 1 to Plaintiff's memorandum of law in support of its motion. However, the parties have not submitted Exhbit A to the Court. See Dkt. No. 149 Ex. 1-A. Plaintiff is directed to resubmit their memorandum of law under seal with all exhibits attached, including Exhbit A, no later than June 22, 2022. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #150 Proposed Order was reviewed and approved as to form. (km)
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Filing 150
PROPOSED ORDER. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. Related Document Number: #145 ..(Moore, John) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 149
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #145 MOTION for Settlement Preliminary Settlement Approval (Unopposed). . Document filed by Phillip Toretto, Sheri Braun, Daniel C. King, Mediant Communications, Inc.. (Attachments: #1 Exhibit 1 - Settlement Agreement (Sealed))Motion or Order to File Under Seal: #144 .(Moore, John)
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Filing 148
DECLARATION of Cameron Azari in Support re: #145 MOTION for Settlement Preliminary Settlement Approval (Unopposed).. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 147
DECLARATION of Class Counsel in Support re: #145 MOTION for Settlement Preliminary Settlement Approval (Unopposed).. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 146
MEMORANDUM OF LAW in Support re: #145 MOTION for Settlement Preliminary Settlement Approval (Unopposed). . Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Exhibit 1 - Settlement Agreement).(Moore, John)
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Filing 145
MOTION for Settlement Preliminary Settlement Approval (Unopposed). Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 144
JOINT LETTER MOTION to Seal Exhibit in connection with Motion for Preliminary Approval of Class Action Settlement addressed to Judge Gregory H. Woods from J. Austin Moore dated 06-17-2022. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 143
ORDER granting #141 Letter Motion for Extension of Time to File ; granting #142 Letter Motion for Extension of Time to File. Application granted. The deadline for Plaintiffs to file a motion for preliminary approval of the class action settlement is extended to June 17, 2022. The Clerk of Court is directed to terminate the motion pending at Dkt. Nos. 141 and 142. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/11/22) (yv)
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Set/Reset Deadlines: Motions due by 6/17/2022. (yv)
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Filing 142
AMENDED LETTER MOTION for Extension of Time to File Motion for Preliminary Approval of Class Action (Joint) addressed to Judge Gregory H. Woods from Casie D. Collignon dated 06/10/2022. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 141
JOINT LETTER MOTION for Extension of Time to File Motion for Preliminary Approval of Class Action addressed to Judge Gregory H. Woods from Casie D. Collignon dated 06/10/2022. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 140
ORDER granting #139 Letter Motion for Leave to File Excess Pages. Application granted. The page limit for Plaintiff's memorandum is extended to 35 pages. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/9/2022) (vfr)
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Filing 139
LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from J. Austin Moore dated 06-09-2022. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 138
ORDER granting #137 Letter Motion for Extension of Time. Application granted. The deadline for Plaintiffs to file a motion for preliminary approval of the class action settlement is extended to June 13, 2022. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 137. Motions due by 6/13/2022. (Signed by Judge Gregory H. Woods on 5/13/2022) (rro)
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Filing 137
JOINT LETTER MOTION for Extension of Time to File Plaintiffs' Motion for Preliminary Approval addressed to Judge Gregory H. Woods from Casie. D. Collignon dated May 13, 2022. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 136
ORDER granting #135 Motion to Withdraw as Attorney. Matthew C. Baisley is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to terminate Matthew C. Baisley from the list of active counsel in this case. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 135. Attorney Matthew C Baisley terminated. (Signed by Judge Gregory H. Woods on 4/19/2022) (rro)
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Filing 135
MOTION for Matthew C. Baisley to Withdraw as Attorney . Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 134
MEMO ENDORSEMENT on re: #133 Notice of Settlement filed by Mediant Communications, Inc. ENDORSEMENT: Application granted. The deadline for Plaintiffs to file a motion for preliminary approval of the class action settlement is May 30, 2022. ( Motions due by 5/30/2022.) (Signed by Judge Gregory H. Woods on 4/15/2022) (rro)
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Filing 133
NOTICE of Settlement and Stipulation to Set Deadlines for Preliminary Approval of Class Action Settlement. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 132
MEMO ENDORSEMENT on re: #131 Letter filed by Sheri Braun, Phillip Toretto, Daniel C. King. ENDORSEMENT: Application granted. The parties are directed to provide a joint letter regarding the status of their settlement negotiations no later than April 25, 2022. (Signed by Judge Gregory H. Woods on 3/25/2022) (rro)
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Filing 131
JOINT LETTER addressed to Judge Gregory H. Woods from J. Austin Moore dated 03-25-2022 re: Status of Settlement Negotiations. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 130
ORDER granting #129 . The parties' request for a stay of this action in order to engage in settlement negotiations, Dkt. No. 129, is granted. The parties are directed to provide a joint letter regarding the status of their settlement negotiations no later than March 25, 2022. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 129
JOINT LETTER MOTION to Stay all pending deadlines addressed to Judge Gregory H. Woods from J. Austin Moore dated 02/24/2022. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 128
ORDER: The Court held an initial pre-trial conference in this matter on March 31, 2021. Following the initial pre-trial conference, the Court granted Defendants motion to stay discovery pending the resolution of Defendants' motions to dismiss. Dkt. No. 88. A case management plan has not yet been established in this case. On February 4, 2022, the Court granted Mediant's motion to dismiss in part and denied it in part and granted Donnelley's motion to dismiss in full. Dkt. No. 127. Having resolved the motions to dismiss, the Court will hold a status conference with respect to this matter by telephone on March 18, 2022 at 10:00 a.m. The parties are directed to submit a proposed case management plan as described in the Courts March 31, 2020 order no later than March 11, 2022. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Courts Emergency Rules. On February 4, 2022, the Court also granted Plaintiffs leave to replead the dismissed claims. Any amended complaint must be filed no later than ten days from the date of this order. So Ordered. (Telephone Conference set for 3/18/2022 at 10:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 2/18/2022) (js)
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Filing 127
MEMORANDUM OPINION AND ORDER re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint. filed by Mediant Communications, Inc., #96 MOTION to Dismiss Second Amended Complaint. filed by Donnelley Financial Solutions, Inc.,, #93 LETTER MOTION to Seal a document in connection with Defendant's Motion to Dismiss and to redact the portions of its Memorandum in Support of its Motion to Dismiss addressed to Judge Gregory H. Woods from Douglas H. Meal dated 5/3/2021. filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc., #106 LETTER MOTION to Seal portions of Plaintiffs' Response to Defendants' Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from J. Austin Moore dated 06/07/2021. filed by Sheri Braun, Phillip Toretto, Daniel C. King, #115 LETTER MOTION to Seal Defendants Reply Brief in Support of their Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from Doug Meal dated June 28, 2021. filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc. For the reasons described above, Mediants motion to dismiss is GRANTED in part and DENIED in part. Donnelleys motion to dismiss is GRANTED in full. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 93, 94, 96, 106, 115. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/4/2022) (jca) Transmission to Orders and Judgments Clerk for processing.
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Filing 126
NOTICE OF CHANGE OF ADDRESS by Elaine A. Ryan on behalf of Sheri Braun, Daniel C. King, Phillip Toretto. New Address: Auer Ryan, PLLC, 20987 N. John Wayne Parkway, B104-374, Maricopa, Arizona, United States 85139, 520-705-7332..(Ryan, Elaine)
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Filing 125
MEMO ENDORSEMENT granting #123 MOTION for Carrie A. Laliberte to Withdraw as Attorney. ENDORSEMENT: Carrie A. Laliberte is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to terminate Carrie A. Laliberte from the list of active counsel in this case and to terminate the motion pending at Dkt. No. 123. SO ORDERED. Attorney Carrie Ann Laliberte terminated. (Signed by Judge Gregory H. Woods on 12/17/2021) (jca)
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Filing 124
MEMO ENDORSEMENT granting #122 MOTION for Patricia N. Syverson to Withdraw as Attorney. ENDORSEMENT: Patricia N. Syverson is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to terminate Patricia N. Syverson from the list of active counsel in this case and to terminate the motion pending at Dkt. No. 122. SO ORDERED. Attorney Patricia N. Syverson terminated. (Signed by Judge Gregory H. Woods on 12/17/2021) (jca)
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Filing 123
MOTION for Carrie A. Laliberte to Withdraw as Attorney . Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Declaration).(Laliberte, Carrie)
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Filing 122
MOTION for Patricia N. Syverson to Withdraw as Attorney . Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Declaration).(Syverson, Patricia)
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Filing 121
MEMO ENDORSEMENT ORDER: granting #119 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney David T Cohen terminated. (Signed by Judge Gregory H. Woods on 8/28/2021) (ama)
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Filing 120
DECLARATION of David T. Cohen in Support re: #119 MOTION for David T. Cohen to Withdraw as Attorney .. Document filed by Donnelley Financial Solutions, Inc.,..(Cohen, David)
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Filing 119
MOTION for David T. Cohen to Withdraw as Attorney . Document filed by Donnelley Financial Solutions, Inc.,. (Attachments: #1 Certificate of Service).(Cohen, David)
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Filing 118
NOTICE OF CHANGE OF ADDRESS by Patricia N. Syverson on behalf of Sheri Braun, Daniel C. King, Phillip Toretto. New Address: Patricia N. Syverson, 9655 Granite Ridge Drive, Suite 200, San Diego, California, United States 92123, 619-798-4593..(Syverson, Patricia)
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Filing 117
***SELECTED PARTIES*** REPLY to Response to Motion re: #96 MOTION to Dismiss Second Amended Complaint. Sealed. Document filed by Donnelley Financial Solutions, Inc.,, Sheri Braun, Daniel C. King, Mediant Communications, Inc., Phillip Toretto. Motion or Order to File Under Seal: #115 .(Meal, Douglas)
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Filing 116
REPLY to Response to Motion re: #96 MOTION to Dismiss Second Amended Complaint. Public. Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc...(Meal, Douglas)
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Filing 115
LETTER MOTION to Seal Defendants Reply Brief in Support of their Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from Doug Meal dated June 28, 2021. Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc...(Meal, Douglas)
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Filing 114
REPLY MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 113
ORDER granting #112 Motion for Matthew C. Baisley to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #112 MOTION for Matthew C. Baisley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24689382. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)
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Filing 112
MOTION for Matthew C. Baisley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24689382. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mediant Communications, Inc.. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice Admission, #2 Colorado Certificate of Good Standing, #3 Proposed Order).(Baisley, Matthew)
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Filing 111
ORDER granting #110 . Defendants' June 10, 2021 request for an extension of time to file their reply briefs, Dkt. No. 110, is granted. The deadline for Defendants to file their reply briefs is extended to June 28, 2021. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 110
LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from Casie D. Collignon dated June 11, 2021. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 109
LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from Douglas H. Meal dated June 9, 2021 re: #106 LETTER MOTION to Seal portions of Plaintiffs' Response to Defendants' Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from J. Austin Moore dated 06/07/2021. . Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc...(Meal, Douglas)
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Filing 108
***SELECTED PARTIES*** RESPONSE in Opposition to Motion re: #96 MOTION to Dismiss Second Amended Complaint., #94 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by All Plaintiffs. Motion or Order to File Under Seal: #106 .(Moore, John)
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Filing 107
RESPONSE in Opposition to Motion re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint., #96 MOTION to Dismiss Second Amended Complaint. REDACTED. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 106
LETTER MOTION to Seal portions of Plaintiffs' Response to Defendants' Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from J. Austin Moore dated 06/07/2021. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 105
ORDER granting #104 . Plaintiffs' for permission to exceed the page limit for Plaintiffs' forthcoming opposition to Defendants' motions to dismiss, Dkt. No. 104, is granted. Plaintiffs are permitted to file an opposition brief not to exceed 60 pages. Defendants are permitted to file reply briefs not to exceed 20 pages. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 104
LETTER MOTION for Leave to File Excess Pages re: Forthcoming Consolidated Memorandum in Opposition to Defendants Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from Norman E. Siegel dated 5/28/2021. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Siegel, Norman)
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Filing 103
LETTER addressed to Judge Gregory H. Woods from Douglas H. Meal dated 5/6/2021 re: Update to the Court with respect to Defendants' letter of May 3, 2021 seeking leave to file documents under seal (Doc. #93). Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc...(Meal, Douglas)
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Filing 102
***SELECTED PARTIES***DECLARATION of Craig Clay in Support re: #96 MOTION to Dismiss Second Amended Complaint.. Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)Motion or Order to File Under Seal: #93 .(Meal, Douglas)
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Filing 101
DECLARATION of Craig Clay in Support re: #96 MOTION to Dismiss Second Amended Complaint.. Document filed by Donnelley Financial Solutions, Inc.,. (Attachments: #1 Exhibit A, #2 Exhibit B).(Meal, Douglas)
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Filing 100
***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #96 MOTION to Dismiss Second Amended Complaint. . Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc.. Motion or Order to File Under Seal: #93 .(Meal, Douglas)
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Filing 99
***SELECTED PARTIES***DECLARATION of William Lauricella in Support re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Mediant Communications, Inc., Sheri Braun, Donnelley Financial Solutions, Inc.,, Daniel C. King, Phillip Toretto. (Attachments: #1 Exhibit A- Supplier Agreement with Donnelley Financial Solutions (Unredacted))Motion or Order to File Under Seal: #93 .(Collignon, Casie)
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Filing 98
MEMORANDUM OF LAW in Support re: #96 MOTION to Dismiss Second Amended Complaint. . Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 97
DECLARATION of William Lauricella in Support re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint.. Document filed by Mediant Communications, Inc.. (Attachments: #1 Exhibit A- Supplier Agreement with Donnelley Financial Solutions (Redacted), #2 Exhibit B- RRD & Sons' Purchase Order Terms and Conditions).(Collignon, Casie)
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Filing 96
MOTION to Dismiss Second Amended Complaint. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 95
MEMORANDUM OF LAW in Support re: #94 MOTION to Dismiss Plaintiff's Second Amended Complaint. . Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 94
MOTION to Dismiss Plaintiff's Second Amended Complaint. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 93
LETTER MOTION to Seal a document in connection with Defendant's Motion to Dismiss and to redact the portions of its Memorandum in Support of its Motion to Dismiss addressed to Judge Gregory H. Woods from Douglas H. Meal dated 5/3/2021. Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc...(Meal, Douglas)
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Filing 92
ORDER granting #91 . Defendants' request for permission to exceed the page limit for Defendants' forthcoming motions to dismiss, Dkt. No. 91, is granted. Each Defendant is permitted to file a brief not to exceed 30 pages. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 91
LETTER MOTION for Leave to File Excess Pages re: Forthcoming Motions to Dismiss the Second Amended Complaint addressed to Judge Gregory H. Woods from Doug Meal dated 4/29/2021. Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc...(Meal, Douglas)
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Filing 90
ORDER granting #89 . Defendant's April 9, 2021 request for an extension of the briefing schedule, Dkt. No. 89, is granted. Plaintiffs' oppositions to Defendants' motions to dismiss are due no later than June 7, 2021. Defendants' replies, if any, are due no later than June 21, 2021. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 89
LETTER MOTION for Extension of Time for Opposition and Reply in connection with Defendants' Motions to Dismiss addressed to Judge Gregory H. Woods from Doug Meal dated 4/9/2021. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 88
ORDER: Defendants' request for leave to file motions to dismiss, Dkt. Nos. 82 and 86, are granted. The deadline for Defendant to file and serve their motions to dismiss is May 3, 2021. Plaintiff's oppositions are due within twenty-eight days after service of Defendants' motions; Defendants' replies, if any, are due within fourteen days after service of Plaintiff's oppositions. Defendants' motion to stay discovery pending the briefing and resolution of Defendants' motions is dismiss is granted. SO ORDERED., ( Motions due by 5/3/2021.) (Signed by Judge Gregory H. Woods on 4/01/2021) (ama)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/31/2021. (Court Reporter present) (wv)
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Filing 87
LETTER addressed to Judge Gregory H. Woods from Norman E. Siegel dated 3/29/2021 re: Response to Defendant Mediant Communications, Inc.'s Letter Requesting Pre-Motion Conference. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Siegel, Norman)
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Filing 86
LETTER addressed to Judge Gregory H. Woods from Norman E. Siegel dated 3/29/2021 re: Response to Defendant Donnelley Financial Solutions, Inc.'s Letter Requesting Pre-Motion Conference. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Siegel, Norman)
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Filing 85
JOINT LETTER addressed to Judge Gregory H. Woods from J. Austin Moore, Casie D. Collignon, Douglas H. Meal dated 3/24/2021 re: Initial Pretrial Conference. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 84
ORDER granting #82 . Defendants' March 22, 2021 requests for a pre-motion conference, Dkt. Nos. 82 and 83, are granted. The Court will discuss Defendants' proposed motions to dismiss at the conference scheduled for March 31, 2021, Dkt. No. 77. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 83
LETTER addressed to Judge Gregory H. Woods from Douglas H. Meal dated March 22, 2021 re: Pre-Motion Conference. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 82
LETTER MOTION for Conference re: Mediant's Anticipated Motion to Dismiss Plaintiff's Second Amended Complaint addressed to Judge Gregory H. Woods from Casie D. Collignon dated March 22, 2021. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 81
ORDER. The Court declines to adjourn the initial pretrial conference at this time. If any party wishes to make an application to stay the case pending resolution of any 12(b)(6) motion, the parties should address this in their letter requesting a pre-motion conference. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
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Filing 80
INTERNET CITATION NOTE: Material from decision with Internet citation re: #76 Memorandum & Opinion. (sjo)
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Filing 79
LETTER addressed to Judge Gregory H. Woods from Norman E. Siegel dated March 17, 2021 re: Response to Defendants Request to Cancel Initial Pretrial Conference. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Siegel, Norman)
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Filing 78
LETTER addressed to Judge Gregory H. Woods from Casie D. Collignon dated March 16, 2021 re: Motion to Dismiss Second Amended Complaint. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 77
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/31/2021 at 04:00 PM before Judge Gregory H. Woods. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (Signed by Judge Gregory H. Woods on 3/8/2021) (mro)
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Filing 76
MEMORANDUM OPINION AND ORDER re: #64 MOTION to Dismiss Count III of Plaintiffs' Second Amended Complaint filed by Mediant Communications, Inc., #67 MOTION to Dismiss Second Amended Complaint filed by Donnelley Financial Solutions, Inc. "While the pleading of a cause of action must possess enough heft to show that the pleader is entitled to relief, to plead standing, the pleader need only show that allowing her to raise her claim in federal court would not move so beyond the court's ken as to usurp the power of the political branches." Harry, 889 F.3d at 110 (internal quotation marks and citation omitted). Plaintiffs have met that modest burden here. As a result, Donnelley's motion to dismiss is DENIED. Mediant's motion to dismiss Count III is also DENIED. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 64 and 67. (Signed by Judge Gregory H. Woods on 3/5/2021) (mro)
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Filing 75
REPLY to Response to Motion re: #67 MOTION to Dismiss Second Amended Complaint. REPLY IN SUPPORT OF MOTION TO DISMISS SECOND AMENDED COMPLAINT. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 74
REPLY MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Count III of Plaintiffs' Second Amended Complaint. . Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 73
ORDER granting #72 Letter Motion for Extension of Time to File Response/Reply. Defendants October 6, 2020 request for a seven-day extension of time for Defendants to file their replies in support of their motions to dismiss, Dkt No. 72, is granted. The deadline for Defendants to file their replies is extended to October 14, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
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Filing 72
LETTER MOTION for Extension of Time to File Response/Reply in Support of Motions to Dismiss addressed to Judge Gregory H. Woods from Casie D. Collignon dated October 6, 2020. Document filed by Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc...(Collignon, Casie)
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Filing 71
RESPONSE in Opposition to Motion re: #64 MOTION to Dismiss Count III of Plaintiffs' Second Amended Complaint., #67 MOTION to Dismiss Second Amended Complaint. . Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Moore, John)
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Filing 70
ORDER granting #69 Motion for Ryan J. McGee to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 69
MOTION for Ryan J. McGee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21667161. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit, #2 Text of Proposed Order, #3 Exhibit Certificate of Good Standing).(McGee, Ryan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #69 MOTION for Ryan J. McGee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21667161. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 68
MEMORANDUM OF LAW in Support re: #67 MOTION to Dismiss Second Amended Complaint. . Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 67
MOTION to Dismiss Second Amended Complaint. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 66
MEMORANDUM OF LAW in Support re: #64 MOTION to Dismiss Count III of Plaintiffs' Second Amended Complaint. . Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 65
DECLARATION of Casie D. Collignon in Support re: #64 MOTION to Dismiss Count III of Plaintiffs' Second Amended Complaint.. Document filed by Mediant Communications, Inc.. (Attachments: #1 Exhibit A-March 6, 2020 Hearing Transcript, #2 Exhibit B-Pre-Motion Hearing Transcript).(Collignon, Casie)
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Filing 64
MOTION to Dismiss Count III of Plaintiffs' Second Amended Complaint. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 63
ORDER granting #62 Motion for John A. Yanchunis to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 62
MOTION for John A. Yanchunis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21244201. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit Affidavit of J. Yanchunis, #2 Text of Proposed Order Proposed Order, #3 Exhibit COGS).(Yanchunis, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #62 MOTION for John A. Yanchunis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-21244201. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
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Filing 61
MEMO ENDORSEMENT: on re: #59 Letter filed by Donnelley Financial Solutions, Inc. ENDORSEMENT: Defendants Donnelley Financial Solutions, Inc. and Mediant Communications, Inc. submitted letters requesting leave to file motionsto dismiss the second amended complaint for lack of subject-matter jurisdiction. Dkt Nos. 59-60. Those requests are granted. The motions and accompanying papers are due no later than August 26, 2020. Plaintiffs' opposition is due no later than four weeks following service of the motions. Defendants' replies are due no later than two weeks following service of Plaintiff's' oppositions. SO ORDERED., ( Motions due by 8/26/2020.) (Signed by Judge Gregory H. Woods on 8/13/2020) (ama)
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Filing 60
LETTER addressed to Judge Gregory H. Woods from Casie D. Collignon dated August 13, 2020 re: Motion to Dismiss Second Amended Complaint. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 59
LETTER addressed to Judge Gregory H. Woods from Douglas H. Meal dated August 13, 2020 re: Response to the Court's Order entered on August 7, 2020. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 58
ORDER denying as moot #46 Motion to Dismiss; denying as moot #49 Motion to Dismiss. On August 5, 2020, Plaintiffs filed a second amended complaint. See Dkt No. 57. Accordingly, the pending motions to dismiss, Dkt Nos. 46 and 49, are denied as moot. Defendants are directed to inform the Court by letter no later than August 13, 2020 if they intend to file renewed motions to dismiss. This need not be a pre-motion conference letter, as the Court is likely to waive the requirement for a pre-motion conference. Defendants should propose a new filing date in their letter to the Court if they intend to file renewed motions to dismiss. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 57
SECOND AMENDED COMPLAINT amending #23 Amended Complaint, against Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc. with JURY DEMAND.Document filed by Phillip Toretto, Sheri Braun, Daniel C. King. Related document: #23 Amended Complaint,..(Siegel, Norman)
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Filing 56
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/19/2020 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)
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Filing 55
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/19/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: Karen Gorlaski, (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 8/18/2020. Redacted Transcript Deadline set for 8/28/2020. Release of Transcript Restriction set for 10/26/2020..(McGuirk, Kelly)
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Filing 54
ORDER granting #53 Motion for Elaine A Ryan to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #53 MOTION for Elaine A Ryan 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. (aea)
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Filing 53
MOTION for Elaine A Ryan to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit, #2 Exhibit Certificates of good standing, #3 Text of Proposed Order).(Ryan, Elaine)
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Filing 52
DECLARATION of David T. Cohen in Support re: #49 MOTION to Dismiss First Amended Complaint.. Document filed by Donnelley Financial Solutions, Inc.,. (Attachments: #1 Exhibit A - Pre-motion Conference Transcript Excerpt).(Cohen, David)
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Filing 51
DECLARATION of Bridget Hughes in Support re: #49 MOTION to Dismiss First Amended Complaint.. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 50
MEMORANDUM OF LAW in Support re: #49 MOTION to Dismiss First Amended Complaint. . Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 49
MOTION to Dismiss First Amended Complaint. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 48
DECLARATION of Casie D. Collignon in Support re: #46 MOTION to Dismiss Counts III, IV, V, and X of Plaintiffs' First Amended Complaint.. Document filed by Mediant Communications, Inc.. (Attachments: #1 Exhibit A-Hearing Transcript for the Motion to Dismiss, #2 Exhibit B-Pre-Motion Hearing Transcript).(Collignon, Casie)
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Filing 47
MEMORANDUM OF LAW in Support re: #46 MOTION to Dismiss Counts III, IV, V, and X of Plaintiffs' First Amended Complaint. . Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 46
MOTION to Dismiss Counts III, IV, V, and X of Plaintiffs' First Amended Complaint. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 45
ORDER granting #42 Motion for Carrie A Laliberte to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 44
ORDER granting #41 Motion for Patricia N. Syverson to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Carrie A Laliberte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20683964. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #43 MOTION for Elaine A Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20684204. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from SUPREME COURT OF UTAH;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (vba)
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Filing 43
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Elaine A Ryan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20684204. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Ryan, Elaine) Modified on 7/15/2020 (vba).
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Filing 42
MOTION for Carrie A Laliberte to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20683964. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Laliberte, Carrie)
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Filing 41
MOTION for Patricia N. Syverson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20682155. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit, #2 Exhibit Certificates of Good Standing, #3 Text of Proposed Order).(Syverson, Patricia)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #41 MOTION for Patricia N. Syverson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20682155. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
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Filing 40
ORDER granting #39 Motion for Lindsay Todd Perkins to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 39
MOTION for Lindsay Todd Perkins to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20638900. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit Lindsay Todd Perkins, #2 Text of Proposed Order).(Perkins, Lindsay)
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Filing 38
ORDER granting #29 Motion for John Austin Moore to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #39 MOTION for Lindsay Todd Perkins to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-20638900. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 37
ORDER. As discussed on the record during the telephone conference held on June 19, 2020, Defendants' motion to dismiss and accompanying papers under Federal Rule of Civil Procedure 12(b)(1) are due no later than July 17, 2020. Plaintiffs' opposition is due no later than four weeks following service of Defendants' motion. Defendants' reply is due no later than 2 weeks following service of Plaintiffs' opposition. In addition, the initial pretrial conference scheduled for July 16, 2020 is adjourned sine die. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
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Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/19/2020. (Daniels, Anthony)
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Filing 36
LETTER addressed to Judge Gregory H. Woods from Norman E. Siegel dated 6/19/2020 re: Response to Defendant Mediant's Pre-Motion Letter Regarding Anticipated Motion to Dismiss. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Siegel, Norman)
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Filing 35
LETTER addressed to Judge Gregory H. Woods from Norman E. Siegel dated 6/19/2020 re: Response to Defendant Donnelley's Pre-Motion Letter Regarding Anticipated Motion to Dismiss. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto..(Siegel, Norman)
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Filing 34
ORDER terminating #33 LETTER MOTION for Extension of Time to File Response to Defendants' letter motions seeking a conference regarding anticipated motions to dismiss as well as adjournment on conference scheduled for June 22, 2020 addressed to Judge Gregory H. Woods from Norman E. Siegel on behalf of Plaintiffs dated June 17, 2020. LETTER MOTION for Extension of Time to File Response/Reply as to #32 Order on Motion for Conference, addressed to Judge Gregory H. Woods from Norman E. Siegel on behalf of Plaintiffs dated June 17, 2020. Document filed by Daniel C. King, Phillip Toretto. The conference scheduled for June 22, 2020 is rescheduled for June 19, 2020 at 3 p.m. If Plaintiffs cannot submit a responsive letter before that date, the Court will hear their arguments during the conference. The Clerk of Court is directed to terminate the motion pending at Dkt No. 33. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/18/2020) (rjm)
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Set/Reset Hearings: Telephone Conference set for 6/19/2020 at 03:00 PM before Judge Gregory H. Woods. (rjm)
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Filing 33
LETTER MOTION for Extension of Time to File Response to Defendants' letter motions seeking a conference regarding anticipated motions to dismiss as well as adjournment on conference scheduled for June 22, 2020 addressed to Judge Gregory H. Woods from Norman E. Siegel on behalf of Plaintiffs dated June 17, 2020., LETTER MOTION for Extension of Time to File Response/Reply as to #32 Order on Motion for Conference,,,,, addressed to Judge Gregory H. Woods from Norman E. Siegel on behalf of Plaintiffs dated June 17, 2020. Document filed by Daniel C. King, Phillip Toretto..(Peterson, Amanda)
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Filing 32
ORDER granting #30 Letter Motion for Conference; granting #31 Letter Motion for Conference. The Court will hold a pre-motion conference on both Defendants' proposed motions to dismiss June 22, 2020 at 3 p.m. Plaintiffs are directed to file a responsive letter no later than June 18, 2020. The parties are directed to consult the Court's Emergency Rules in Light of COVID-19 for dial-in information and other instructions. The parties are specifically directed to comply with Emergency Rule 2.C. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 30 and 31. Telephone Conference set for 6/22/2020 at 03:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/16/2020) (mro)
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Filing 31
LETTER MOTION for Conference re: Donnelley's anticipated motion to dismiss Plaintiffs' First Amended Class Action Complaint addressed to Judge Gregory H. Woods from Doug Meal dated 6/16/2020. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 30
LETTER MOTION for Conference re: Mediant's Anticipated Motion to Dismiss Plaintiff's First Amended Complaint addressed to Judge Gregory H. Woods from Casie D. Collignon dated June 16, 2020. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Pro Hac Vice Fee Payment: for #29 MOTION for John Austin Moore to Appear Pro Hac Vice Corrected Motion for J. Austin Moore to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff.. Filing fee $ 200.00, receipt number ANYSDC-20212908..(Moore, John)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for John Austin Moore to Appear Pro Hac Vice Corrected Motion for J. Austin Moore 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. (ad)
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Filing 29
MOTION for John Austin Moore to Appear Pro Hac Vice Corrected Motion for J. Austin Moore to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. Filing fee $ 200.00, receipt number ANYSDC-20212908 (Attachments: #1 Affidavit J. Austin Moore, #2 Text of Proposed Order).(Moore, John) Modified on 7/9/2020 (ad).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice re: Document No. #29 MOTION for John Austin Moore to Appear Pro Hac Vice Corrected Motion for J. Austin Moore to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): the filing fee was not paid;.. Pay the filing fee using the event Pro Hac Vice Fee Payment found under the event list Other Documents. (laq)
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Pro Hac Vice Fee Due: for #29 MOTION for John Austin Moore to Appear Pro Hac Vice Corrected Motion for J. Austin Moore to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff...(laq)
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Filing 28
ORDER granting #21 Motion for Michelle Visser to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 27
ORDER granting #26 Letter Motion for Extension of Time. Application granted. The deadline for Defendants to respond to the amended complaint is extended to June 16, 2020. (Signed by Judge Gregory H. Woods on 5/28/2020) (mro)
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Set/Reset Deadlines: Donnelley Financial Solutions, Inc., answer due 6/16/2020; Mediant Communications, Inc. answer due 6/16/2020. (mro)
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Filing 26
LETTER MOTION for Extension of Time for Mediant Communications Inc.and Co-Defendant Donnelley Financial Solutions, Inc. to Respond to the Complaint addressed to Judge Gregory H. Woods from Casie D. Collignon dated May 28, 2020. Document filed by Mediant Communications, Inc...(Collignon, Casie)
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Filing 25
MOTION for John Austin Moore to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit J. Austin Moore, #2 Text of Proposed Order).(Moore, John)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #25 MOTION for John Austin Moore to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff... The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Missouri and Supreme Court of Illinois;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (laq)
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Filing 24
FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for John Austin Moore to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sheri Braun, Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit J. Austin Moore, #2 Text of Proposed Order).(Moore, John) Modified on 5/20/2020 (ad).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #24 MOTION for John Austin Moore to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The filing is deficient for the following reason(s): The Affidavit pursuant to Local Rule 1.3 is not notarized;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad)
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Filing 23
FIRST AMENDED COMPLAINT amending #1 Complaint against Donnelley Financial Solutions, Inc.,, Mediant Communications, Inc. with JURY DEMAND.Document filed by Phillip Toretto, Daniel C. King, Sheri Braun. Related document: #1 Complaint..(Siegel, Norman)
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Filing 22
NOTICE OF APPEARANCE by David T Cohen on behalf of Donnelley Financial Solutions, Inc.,..(Cohen, David)
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Filing 21
MOTION for Michelle Visser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19579394. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Donnelley Financial Solutions, Inc.,. (Attachments: #1 Declaration in Support, #2 Certificate of Good Standing - MA, #3 Certificate of Good Standing - CA, #4 Text of Proposed Order).(Visser, Michelle)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Michelle Visser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19579394. 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 20
ORDER granting #14 Motion for Norman E. Siegel to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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Filing 19
ORDER granting #18 Letter Motion for Extension of Time to Answer. Application granted. Defendant Donnelley Financial Solutions, Inc.'s deadline to respond to the complaint is extended to June 1, 2020. (Signed by Judge Gregory H. Woods on 4/19/2020) (mro)
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Filing 18
LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Gregory H. Woods from Doug Meal dated 4/17/2020. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 17
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent BlackRock, Inc. for Donnelley Financial Solutions, Inc.,. Document filed by Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 16
NOTICE OF APPEARANCE by Douglas H. Meal on behalf of Donnelley Financial Solutions, Inc.,..(Meal, Douglas)
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Filing 15
ORDER granting #11 Motion for Casie D. Collignon to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Norman E. Siegel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19457511. 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 14
MOTION for Norman E. Siegel to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19457511. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Daniel C. King, Phillip Toretto. (Attachments: #1 Affidavit Norman E. Siegel, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order).(Siegel, Norman)
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Filing 13
WAIVER OF SERVICE RETURNED EXECUTED. Mediant Communications, Inc. waiver sent on 4/2/2020, answer due 6/1/2020. Document filed by Phillip Toretto; Daniel C. King..(Peterson, Amanda)
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Filing 12
AFFIDAVIT OF SERVICE of Summons and Complaint. Donnelley Financial Solutions, Inc., served on 4/2/2020, answer due 6/1/2020. Service was accepted by Sean O'Hara Authorized Agent. Document filed by Phillip Toretto; Daniel C. King..(Peterson, Amanda)
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Filing 11
MOTION for Casie D. Collignon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19394661. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Mediant Communications, Inc.. (Attachments: #1 Affidavit in Support of Motion for Pro Hac Vice Admission, #2 Certificate of Good Standing, #3 Proposed Order).(Collignon, Casie)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #11 MOTION for Casie D. Collignon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19394661. 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 10
ELECTRONIC SUMMONS ISSUED as to Mediant Communications, Inc...(jgo)
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Filing 9
NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/16/2020 at 04:30 PM in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 3/31/2020) (mro)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to MEDIANT COMMUNICATIONS, INC, re: #1 Complaint. Document filed by Daniel C. King, Phillip Toretto..(Peterson, Amanda)
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Filing 7
ELECTRONIC SUMMONS ISSUED as to Donnelley Financial Solutions, Inc.,..(pne)
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Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pne)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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..(pne)
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***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Amanda Peterson. The following case opening statistical information was erroneously selected/entered: Citizenship Defendant code 1 (Citizen of This State); Dollar Demand $5,000,000,000; County code New York. The following correction(s) have been made to your case entry: the Citizenship Defendant code has been modified to 4 (Incorporated/Principal Place of Business-This State); the Dollar Demand has been modified to none; no dollar demand entered on civil cover sheet; the County code has been modified to XX Out of State. (pne)
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Case Designated ECF. (pne)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Amanda Peterson. The party information for the following party/parties has been modified: Mediant Communications, Inc., Phillip Toretto, Daniel C. King. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted. (pne)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Amanda Peterson 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; Use the AO 440 Summons form, not the FOIA Summons form. 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. (pne)
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Filing 6
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Daniel C. King..(Peterson, Amanda)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Phillip Toretto..(Peterson, Amanda)
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Filing 4
FILING ERROR - DEFICIENT SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to MEDIANT COMMUNICATIONS, INC, re: #1 Complaint. Document filed by Daniel C. King, Phillip Toretto..(Peterson, Amanda) Modified on 3/31/2020 (pne).
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Donnelley Financial Solutions, Inc., re: #1 Complaint. Document filed by Daniel C. King, Phillip Toretto..(Peterson, Amanda)
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Filing 2
CIVIL COVER SHEET filed..(Peterson, Amanda)
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Filing 1
COMPLAINT against MEDIANT COMMUNICATIONS, INC., Donnelley Financial Solutions, Inc.,. (Filing Fee $ 400.00, Receipt Number ANYSDC-19273342)Document filed by Phillip Toretto, Daniel C. King..(Peterson, Amanda)
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