Burke et al v. Clearview AI, Inc. et al
| James Pomerene and Sean Burke |
| Richard Schwartz, Hoan Ton-That, Clearview AI, Inc. and Does 1 through 10 |
| David Mutnick |
| 1:2020cv03104 |
| April 17, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Colleen McMahon |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.
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Received e-mail from the United States District Court - Northern District of Illinois acknowledging receipt of transferred case. Assigned Case Number: 1:21-cv-00171, filed on 01/12/2021. (sjo)
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Filing 55
CERTIFIED TRUE COPY OF CONDITIONAL MDL TRANSFER OUT ORDER FROM THE MDL PANEL...transferring this action from the U.S.D.C. - S.D.N.Y to the United States District Court - Northern District of Illinois. (Signed by MDL Panel on 1/8/2021) (sjo)
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MDL TRANSFER OUT ELECTRONICALLY: to the United States District Court - Northern District of Illinois. (sjo)
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Minute Entry for proceedings held before Judge Colleen McMahon: Telephone Conference held on 9/9/2020. Decision: Conference held. Proceedings in these six matters are stayed pending a disposition from the Judicial Panel on Multidistrict Litigation. There will be no conference September 16, 2020.Submitted by: Chloe Lewis (Court Reporter Pamela Utter). (mde)
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Filing 54
CALENDAR NOTICE: Please take notice that the above captioned matter has been scheduled for a: Telephone Conference on Wednesday, September 9, 2020 at 10:30 A.M. before the Honorable Colleen McMahon, United States District Judge. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference Any scheduling difficulties must be brought to the attention of the Court in writing and faxed to Chambers at (212) 805-6326. SO ORDERED. Telephone Conference set for 9/9/2020 at 10:30 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 8/18/2020) (mml)
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Filing 53
MOTION to Transfer Case / Motion of the Clearview Defendants for Transfer of Actions to the Southern District of New York Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That. (Attachments: #1 Brief, #2 Schedule of Actions, #3 Exhibit 1 - Declaration of Richard Schwartz, #4 Exhibit 2 - Declaration of Hoan Ton-That, #5 Proof of Service, #6 ILN 1:20-512, #7 ILN 1:20-846, #8 ILN 1:20-2989, #9 ILN 1:20-3843, #10 NYS 1:20-1296, #11 NYS 1:20-2222, #12 NYS 1:20-3053, #13 NYS 1:20-3104, #14 NYS 1:20-3481, #15 NYS 1:20-3705).(Wolosky, Lee)
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Filing 52
NOTICE OF APPEARANCE by Joel Laurence Kurtzberg on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Kurtzberg, Joel)
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Filing 51
NOTICE OF APPEARANCE by Floyd Abrams on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Abrams, Floyd)
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Filing 50
MEMORANDUM DECISION AND ORDER DENYING THE MOTION TO INTERVENE AND TO DISMISS OR, ALTERNATIVELY, TO STAY CASES OR TRANSFER VENUE denying #16 Motion to Intervene. Mutnick's motion for leave to intervene permissively is, therefore, DENIED. This constitutes the decision and order of the Court. It is a written opinion. The Clerk of the Court is directed to remove the motion at Dkt. No. 22 from the Court's list of pending motions. (Signed by Judge Colleen McMahon on 5/29/2020) (mml)
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Filing 49
NOTICE of David Mutnick's Notice of Supplemental Information in Support of Motion to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit Exhibit 1).(Drury, Scott)
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Filing 48
MEMO ENDORSEMENT on #44 Supplemental Letter granting #42 Letter Motion for Extension of Time to Answer. ENDORSEMENT: Defendants' time to respond to complaints in these actions is adjourned sine die. (Signed by Judge Colleen McMahon on 5/14/2020) (mml)
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Filing 47
SUPPLEMENTAL LETTER addressed to Judge Colleen McMahon from Lee Wolosky dated May 12, 2020 re: David Mutnick's May 11, 2020 supplemental filing [Dkt. 46]. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)
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Filing 46
NOTICE of Supplemental Authority and Information re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Drury, Scott)
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Filing 45
ORDER granting #26 Motion for Alreen Haeggquist to Appear Pro Hac Vice; granting #28 Motion for Ian Pike to Appear Pro Hac Vice; granting #30 Motion for Amber L. Eckto Appear Pro Hac Vice; granting #38 Motion for Scott Robert Drury to Appear Pro Hac Vice; granting #24 Motion for Aaron M. Olsen to Appear Pro Hac Vice. (Signed by Judge Colleen McMahon on 5/11/2020). (mde)
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Filing 44
SUPPLEMENTAL LETTER addressed to Judge Colleen McMahon from Lee Wolosky dated May 11, 2020 re: Motion to Extend Time to File Answer. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)
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Filing 43
SUPPLEMENTAL LETTER addressed to Judge Colleen McMahon from Lee Wolosky dated May 5, 2020 re: Motion to Extend Time to File Answer. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)
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Filing 42
LETTER MOTION for Extension of Time to File Answer re: #6 Amended Complaint addressed to Judge Colleen McMahon from Lee Wolosky dated May 4, 2020. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)
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Filing 41
DECLARATION of Scott R. Drury in Support re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5).(Drury, Scott)
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Filing 40
REPLY MEMORANDUM OF LAW in Support re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by David Mutnick..(Drury, Scott)
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Filing 39
MEMO ENDORSED ORDER granting #37 DAVID MUTNICK'S REQUEST TO FILE REPLY MEMORANDUM EXCEEDING 10 PAGES. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 5/4/2020) (mml)
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Filing 38
MOTION for Scott Robert Drury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19694681. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by David Mutnick. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Affidavit Affidavit of Scott R. Drury, #3 Exhibit Exhibit 1 to Affidavit).(Drury, Scott)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #38 MOTION for Scott Robert Drury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19694681. 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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Filing 37
LETTER MOTION for Leave to File Excess Pages addressed to Judge Colleen McMahon from Karen Newirth dated 05/01/2020. Document filed by David Mutnick..(Newirth, Karen)
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Filing 36
DECLARATION of Joseph P. Guglielmo in Opposition re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by Sean Burke, James Pomerene. (Attachments: #1 Exhibit 1 - Burke - Mem ISO Transfer Mot, #2 Exhibit 2 - Roberson - Mem ISO Transfer Mot, #3 Exhibit 3 - Roberson - Mulcaire Decl, #4 Exhibit 4 - Mutnick - Mem ISO Stay Mot, #5 Exhibit 5 - Mutnick - Mem ISO Transfer Mot, #6 Exhibit 6 - Mutnick - Schwartz Decl, #7 Exhibit 7 - Mutnick - Ton-That Decl, #8 Exhibit 8 - ND ILL - 3d Gen Am Order, #9 Exhibit 9 - BuzzFeed Article, #10 Exhibit 10 - Mutnick - Briefing Schedule).(Guglielmo, Joseph)
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Filing 35
MEMORANDUM OF LAW in Opposition re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by Sean Burke, James Pomerene..(Guglielmo, Joseph)
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Filing 34
DECLARATION of Lee S. Wolosky in Opposition re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Wolosky, Lee)
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Filing 33
MEMORANDUM OF LAW in Opposition re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)
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Filing 32
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #31 Proposed Order, #29 Proposed Order, #27 Proposed Order was reviewed and approved as to form. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #30 MOTION for Amber L. Eck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19583003. Motion and supporting papers to be reviewed by Clerk's Office staff., #28 MOTION for Ian Pike to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19582400. Motion and supporting papers to be reviewed by Clerk's Office staff., #26 MOTION for Alreen Haeggquist to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19582199. 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 31
PROPOSED ORDER. Document filed by Sean Burke, James Pomerene. Related Document Number: #30 ..(Eck, Amber) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 30
MOTION for Amber L. Eck to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19583003. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sean Burke, James Pomerene. (Attachments: #1 Affidavit, #2 Exhibit 1 - Certificate of Good Standing).(Eck, Amber)
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Filing 29
PROPOSED ORDER. Document filed by Sean Burke, James Pomerene. Related Document Number: #28 ..(Pike, Ian) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 28
MOTION for Ian Pike to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19582400. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sean Burke, James Pomerene. (Attachments: #1 Affidavit, #2 Exhibit 1 - Certificate of Good Standing).(Pike, Ian)
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Filing 27
PROPOSED ORDER. Document filed by Sean Burke, James Pomerene. Related Document Number: #26 ..(Haeggquist, Alreen) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 26
MOTION for Alreen Haeggquist to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19582199. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sean Burke, James Pomerene. (Attachments: #1 Affidavit, #2 Exhibit 1 - Certificate of Good Standing).(Haeggquist, Alreen)
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Filing 25
PROPOSED ORDER. Document filed by Sean Burke, James Pomerene. Related Document Number: #24 ..(Olsen, Aaron) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 24
MOTION for Aaron M. Olsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19579638. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sean Burke, James Pomerene. (Attachments: #1 Affidavit, #2 Exhibit 1 - Certificate of Good Standing).(Olsen, Aaron)
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Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (ad)
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NOTICE OF CASE REASSIGNMENT to Judge Colleen McMahon. Judge Unassigned is no longer assigned to the case. (ad)
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CASE ACCEPTED AS RELATED. Create association to 1:20-cv-01296-CM. Notice of Assignment to follow. (ad)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #24 MOTION for Aaron M. Olsen to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19579638. 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 23
NOTICE of Substitution of Attorney. Old Attorney: Kate T. Spelman, New Attorney: Lee S. Wolosky, Address: Jenner & Block LLP, 919 Third Avenue, 38th Floor, New York, New York, USA 10022, (212) 891-1600. Document filed by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That. (Attachments: #1 Exhibit A - Declaration of Kate T. Spelman).(Wolosky, Lee)
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Filing 22
NOTICE OF APPEARANCE by Lee Scott Wolosky on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Wolosky, Lee)
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Filing 21
NOTICE OF APPEARANCE by Andrew Joshua Lichtman on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That..(Lichtman, Andrew)
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Filing 20
ORDER: The plaintiffs are hereby ORDERED to respond to Mutnick's Motion to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue in their respective dockets by 5 PM on April 29, 2020. (Responses due by 4/29/2020.) (Signed by Judge Colleen McMahon on 4/22/2020) (mml)
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Filing 19
NOTICE OF APPEARANCE by Karen Anne Newirth on behalf of David Mutnick..(Newirth, Karen)
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Filing 18
DECLARATION of Scott R. Drury in Support re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue.. Document filed by David Mutnick. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L).(Newirth, Karen)
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Filing 17
MEMORANDUM OF LAW in Support re: #16 MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. . Document filed by David Mutnick..(Newirth, Karen)
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Filing 16
MOTION to Intervene and to Dismiss or, Alternatively, to Stay Cases or Transfer Venue. Document filed by David Mutnick..(Newirth, Karen)
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Filing 15
NOTICE OF APPEARANCE by Carey Alexander on behalf of Sean Burke, James Pomerene..(Alexander, Carey)
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Filing 14
STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-01296. Document filed by Sean Burke, James Pomerene..(Guglielmo, Joseph)
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Filing 13
NOTICE OF APPEARANCE by Joseph Peter Guglielmo on behalf of Sean Burke, James Pomerene..(Guglielmo, Joseph)
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Filing 12
CASE TRANSFERRED IN from the United States District Court - District of California Southern; Case Number: 3:20-cv-00370. Original file certified copy of transfer order and docket entries received. (sjo)
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Case Designated ECF. (sjo)
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CASE REFERRED TO Judge Colleen McMahon as possibly related to 1:20-cv-01296. (sjo)
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NOTE TO OUT OF STATE ATTORNEYS: Please visit the Court's website at https://nysd.uscourts.gov/ for information regarding admission to the S.D.N.Y. Bar and the CM/ECF Rules & Filing Instructions. (sjo)
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Filing 11
Case transferred to District of Southern District of New York. Files transferred electronically to: *District of Southern District of New York*.. Signed by Judge Cynthia Bashant on 4/15/20. (Attachments: #1 Transfer Order) (dlg) [Transferred from California Southern on 4/17/2020.]
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Filing 10
Joint MOTION to Change Venue Pursuant to 28 USC 1404(a) by Sean Burke, James Pomerene. (Olsen, Aaron) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 9
WAIVER OF SERVICE Returned Executed by Sean Burke, James Pomerene, as to Richard Schwartz. (Olsen, Aaron) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 8
WAIVER OF SERVICE Returned Executed by Sean Burke, James Pomerene, as to Hoan Ton-That. (Olsen, Aaron) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 7
WAIVER OF SERVICE Returned Executed by Sean Burke, James Pomerene, as to Clearview AI, Inc.. (Olsen, Aaron) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 6
AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Sean Burke, James Pomerene. (Olsen, Aaron) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 5
NOTICE of Party With Financial Interest by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That . No Parties With Financial Interest. (Spelman, Kate) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 4
MOTION to Transfer Venue and Stay Case Pending Decision on Transfer by Clearview AI, Inc., Richard Schwartz, Hoan Ton-That. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion to Transfer Venue and Stay Case Pending Decision on Transfer, #2 Declaration of Thomas Mulcaire, #3 Table of Contents for Exhibits 1 and 2, #4 Exhibit 1, #5 Exhibit 2)(Spelman, Kate) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 3
NOTICE of Appearance by Kate Spelman on behalf of Clearview AI, Inc., Richard Schwartz, Hoan Ton-That (Spelman, Kate)Attorney Kate Spelman added to party Clearview AI, Inc.(pty:dft), Attorney Kate Spelman added to party Richard Schwartz(pty:dft), Attorney Kate Spelman added to party Hoan Ton-That(pty:dft) (jmo). [Transferred from California Southern on 4/17/2020.]
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Filing 2
Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (smd) [Transferred from California Southern on 4/17/2020.]
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Filing 1
COMPLAINT with Jury Demand against Clearview AI, Inc., DOES 1 through 10, James Pomerene, Richard Schwartz, Hoan Ton-That ( Filing fee $ 400 receipt number 0974-13535863.), filed by Sean Burke. (Attachments: #1 Civil Cover Sheet)The new case number is 3:20-cv-370-BAS-MSB. Judge Cynthia Bashant and Magistrate Judge Michael S. Berg are assigned to the case. (Olsen, Aaron)(smd)(sjt). [Transferred from California Southern on 4/17/2020.]
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