Gill v. National Football League et al
| Sietel Singh Gill |
| National Football League and NFL Enterprises LLC |
| 1:2021cv01032 |
| February 4, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Both |
Docket Report
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This docket was last retrieved on February 13, 2023. A more recent docket listing may be available from PACER.
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Filing 106
ORDER: The Court having been advised that all claims asserted herein have been settled in principle, Dkt. 105, it is ORDERED that the above-entitled action is hereby dismissed and discontinued without costs, and without prejudice to the right to reopen the action within 30 days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within 30 days of this Order; any application to reopen filed thereafter may be denied solely on that basis. Further, if the parties wish for the Court to retain jurisdiction for the purposes of enforcing any settlement agreement, they must submit the settlement agreement to the Court within the same 30-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Court's Individual Rules and Practices for Civil Cases, unless the Court orders otherwise, the Court will not retain jurisdiction to enforce a settlement agreement unless it is made part of the public record. Any proposed order approving the settlement agreement that seeks the Court's continued jurisdiction should either (1) expressly state that the Court retains jurisdiction to enforce the agreement or (2) incorporate the terms of the settlement agreement in the order. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/13/2023) (va)
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Filing 105
NOTICE of Resolution. Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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Filing 104
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/20/2023 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 103
TRANSCRIPT of Proceedings re: CONFERENCE held on 1/20/2023 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: George Malinowski, (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 2/27/2023. Redacted Transcript Deadline set for 3/9/2023. Release of Transcript Restriction set for 5/8/2023..(McGuirk, Kelly)
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Filing 102
CIVIL CASE MANAGEMNT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Deposition due by 5/10/2023. Fact Discovery due by 5/22/2023. Expert Discovery due by 6/3/2023. Case Management Conference set for 6/28/2023 at 10:00 AM before Judge Paul A. Engelmayer. The Court will not entertain such a motion until the resolution of any motions for summary judgement. Counsel for the parties have conferred and their present best estimate of the length of trial is 7 days. (Signed by Judge Paul A. Engelmayer on 1/30/2023) (ks)
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Filing 101
PROPOSED CASE MANAGEMENT PLAN. Document filed by Sietel Singh Gill..(Pollock, Adam)
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Oral Argument held on 1/20/2023. Court reporter present. (ajs)
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Filing 100
ORDER: terminating #71 Motion for Summary Judgment. On January 20, 2023, the Court held oral argument on defendants' pending motion for summary judgment. During argument, the Court made use of a chart with counsel, marked as Court Exhibit 1, which is attached here for access on the public docket. At the conclusion of the hearing, the Court rendered an on-the-record bench decision denying defendants' motion for summary judgment. The case will now proceed to plenary fact discovery. The parties are directed to file by January 30, 2023, a case management plan consistent with the instructions provided by the Court to the parties at the hearing. The Clerk of Court is respectfully directed to terminate the motion pending at docket 71. SO ORDERED.. (Signed by Judge Paul A. Engelmayer on 1/20/2023) (ama)
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Filing 99
ORDER: On December 18, 2022, the Court received notice that a lawyer in this matter would not be able to appear in-person, for health-related reasons, at the in-person oral argument scheduled for December 20, 2022. Accordingly, the Court reschedules argument on defendants' pending motion for summary judgment for January 20, 2023, at 10:00 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. ( Oral Argument set for 1/20/2023 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/19/2022) (vfr)
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Filing 98
ORDER: re: #71 MOTION for Summary Judgment Pursuant to Rule 56 filed by NFL Enterprises LLC, National Football League, Set Deadlines/Hearing as to #71 MOTION for Summary Judgment Pursuant to Rule 56. On December 5, 2022, the Court received notice that a lawyer in this matter would not be able to appear in-person tomorrow, for health-related reasons, at the scheduled oral argument. Accordingly, the Court reschedules argument on defendants' pending motion for summary judgment for December 20, 2022, at 10:00 a.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. ( Motion Hearing set for 12/20/2022 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 12/05/2022) (ama)
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Filing 97
LETTER addressed to Judge Paul A. Engelmayer from Thomas A. Leghorn dated November 30, 2022 re: in response to Your Honors Order dated November 18, 2022 (Doc. No. 96). Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - DEF6-12 - 2013 Website T&C, #2 Exhibit B - Terms and Conditions 2014 and 2015 webterms, #3 Exhibit C -2016 NFL Website T&C, #4 Exhibit D - DEF87-95 - 2017 Website T&C, #5 Exhibit E - 2017 FULL NFL.com - Subscriptions - Terms and Conditions).(Leghorn, Thomas)
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Filing 96
ORDER re: #71 MOTION for Summary Judgment Pursuant to Rule 56. filed by NFL Enterprises LLC, National Football League, Set Deadlines/Hearing as to #71 MOTION for Summary Judgment Pursuant to Rule 56. : Argument on defendants' pending motion for summary judgment is scheduled for December 6, 2022, at 2:30 p.m. in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. In preparation for argument, the Court has identified certain documentary issues as to which clarification or amplification would assist the Court in its analysis. As these concern defendants' business records, the Court tasks defendants with responding to these questions. Defendants' submission attaching the requested documentation is due on November 30, 2022. The Court expects that the responsive records have been produced to plaintiff in discovery. 1. The 2013, 2014, 2015, and 2017 subscription terms and conditions refer to the "website terms and conditions." However, the record does not supply the website terms and conditions. Please provide copies of all website terms and conditions in place during this period. As further set forth in this Order. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/18/2022) ( Motion Hearing set for 12/6/2022 at 02:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (ks)
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Filing 95
NOTICE of Recent Decision. Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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Filing 94
RESPONSE in Support of Motion re: #71 MOTION for Summary Judgment Pursuant to Rule 56. and Reply to Plaintiff's Counter-Statement and Statement of additional Material Facts. Document filed by NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 93
REPLY MEMORANDUM OF LAW in Support re: #71 MOTION for Summary Judgment Pursuant to Rule 56. and in Reply to Plaintiff's Opposition to Defendants' Motion for Summary Judgment. Document filed by NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 92
ORDER granting #90 JOINT LETTER MOTION to Seal Exhibit A to Kronenberger Decl. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 7/1/2022) (jca)
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Filing 91
***SELECTED PARTIES*** RESPONSE to Motion re: #90 JOINT LETTER MOTION to Seal Exhibit A to Kronenberger Decl. addressed to Judge Paul A. Engelmayer from Raphael Janove dated June 30, 2022. Sealed Unredacted Exhibit A. Document filed by Sietel Singh Gill, NFL Enterprises LLC, National Football League. Motion or Order to File Under Seal: #90 .(Janove, Raphael)
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Filing 90
JOINT LETTER MOTION to Seal Exhibit A to Kronenberger Decl. addressed to Judge Paul A. Engelmayer from Raphael Janove dated June 30, 2022. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 89
DECLARATION of Karl Kronenberger in Opposition re: #71 MOTION for Summary Judgment Pursuant to Rule 56.. Document filed by Sietel Singh Gill. (Attachments: #1 Exhibit Ex.A Neulion Contract).(Janove, Raphael)
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Filing 88
RESPONSE in Opposition to Motion re: #71 MOTION for Summary Judgment Pursuant to Rule 56. Plaintiff's Rule 56.1 Counterstatement. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 87
MEMORANDUM OF LAW in Opposition re: #71 MOTION for Summary Judgment Pursuant to Rule 56. . Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 86
ORDER granting #85 Letter Motion for Extension of Time. Granted. The Court congratulates counsel and his family. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/15/2022) (tg)
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Filing 85
LETTER MOTION for Extension of Time of the current briefing schedule in connection to the Defendant's Summary Judgment Motion (Doc No. 67) addressed to Judge Paul A. Engelmayer from Jason M. Myers dated June 15, 2022. Document filed by NFL Enterprises LLC, National Football League..(Myers, Jason)
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Set/Reset Deadlines: Responses due by 6/30/2022 Replies due by 7/29/2022. (tg)
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Filing 84
JOINT PRETRIAL STATEMENT re: Stipulation of Undisputed Facts. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - Perform Contract (Doc No. 70-1)).(Myers, Jason)
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Filing 83
ORDER granting #81 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/26/2022) (jca)
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Filing 82
JOINT PRETRIAL STATEMENT re: Undisputed Material Facts. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit B - DEF1044-1107 - OT K, #2 Exhibit C - DEF1183-1244 - OT and NFLILI,).(Myers, Jason)
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Filing 81
LETTER MOTION for Extension of Time to comply with Your Honors Order dated May 23, 2002 (Doc. No. 80) addressed to Judge Paul A. Engelmayer from Jason M. Myers dated May 25, 2022. Document filed by NFL Enterprises LLC, National Football League..(Myers, Jason)
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Filing 80
MEMO ENDORSEMENT: on re: #79 Letter filed by NFL Enterprises LLC, National Football League. ENDORSEMENT: The Court authorizes defendants' redactions as proper but declines their request to file the entirety of the documents under seal. By May 25, 2022, defendants are to file all exhibits currently under seal at docket 70, redacted as approved by the Court, on the public docket of this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/23/2022) (ama)
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Filing 79
LETTER addressed to Judge Paul A. Engelmayer from Jason M. Myers dated May 18, 2022 re: to Seal Document Numbers 70-1, 70-2 and 70-3. Document filed by NFL Enterprises LLC, National Football League..(Myers, Jason)
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Filing 78
DECLARATION of Max Boigon in Support re: #71 MOTION for Summary Judgment Pursuant to Rule 56.. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - Excel Chart).(Leghorn, Thomas)
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Filing 77
AFFIDAVIT of Richard Johnston in Support re: #71 MOTION for Summary Judgment Pursuant to Rule 56.. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - Excel Chart).(Leghorn, Thomas)
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Filing 76
MEMORANDUM OF LAW in Support re: #71 MOTION for Summary Judgment Pursuant to Rule 56. . Document filed by NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 75
DECLARATION of Thomas A. Leghorn in Support re: #71 MOTION for Summary Judgment Pursuant to Rule 56.. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - Amended Complaint, #2 Exhibit B - Answer to Amended Complaint, #3 Exhibit C - 2014 Terms and Conditions, #4 Exhibit D - 2015 Terms and Conditions, #5 Exhibit E - 2018 Terms and Conditions, #6 Exhibit F - Boigon Deposition, #7 Exhibit G - Gill Deposition, #8 Exhibit H - Deltatre Screenshot).(Leghorn, Thomas)
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Filing 74
AFFIDAVIT of Richard Johnston in Support re: #71 MOTION for Summary Judgment Pursuant to Rule 56.. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - Table of References).(Leghorn, Thomas)
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Filing 73
RULE 56.1 STATEMENT. Document filed by NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 72
DECLARATION of Max Boigon in Support re: #71 MOTION for Summary Judgment Pursuant to Rule 56.. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - Excel Chart Being Submitted Directly To Court).(Leghorn, Thomas)
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Filing 71
MOTION for Summary Judgment Pursuant to Rule 56. Document filed by NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 70
JOINT PRETRIAL STATEMENT re: Undisputed Material Facts. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - Perform Contract, #2 Exhibit B - DEF1044-1107 - OT K, #3 Exhibit C - DEF1183-1244 - OT and NFLILI, #4 Exhibit D -DEF1-4 - 2013 T&C, #5 Exhibit E - GILL8-9 -2013 Signup Email, #6 Exhibit F - Credit Card Statements - Excerpts from GILL00248 - GILL00271, #7 Exhibit G - DEF1271-1272 - July 2017 Email, #8 Exhibit H - DEF64-65 - 2017 T&C, #9 Exhibit I -DEF231-232 - 6.19.19 Email, #10 Exhibit J- DEF1521-1528 - 2019 T&C, #11 Exhibit K - DEF990-991 - 7.1.19 Email, #12 Exhibit L - DEF1006-1007 - 7.16.19 Email, #13 Exhibit M -GILL22-23 - 8.2.19 Payment Email, #14 Exhibit N - DEF169-174 -Gill Account Information, #15 Exhibit O - DEF1012-1016 - 8.28.19 Email, #16 Exhibit P DEF1011 - 10.28.19 Email, #17 Exhibit Q - DEF1529-1537 - Updated 2019 T&C).(Leghorn, Thomas)
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Filing 69
ORDER granting #68 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/2/2022) (va)
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Filing 68
JOINT LETTER MOTION for Extension of Time addressed to Judge Paul A. Engelmayer from Raphael Janove dated April 29, 2022. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephone Conference held on 4/5/2022. Court reporter present. (ajs)
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Filing 67
ORDER: At today's case management conference, the Court set the following schedule for defendants' motion for summary judgment: Defendants' brief in support of summary judgment is due May 16, 2022. Defendants' brief in opposition to defendants' motion is due June 20, 2022. Defendants' reply brief is due July 8, 2022. ( Motions due by 5/16/2022., Responses due by 6/20/2022, Replies due by 7/8/2022.) (Signed by Judge Paul A. Engelmayer on 4/5/2022) (ate)
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Filing 66
JOINT LETTER addressed to Judge Paul A. Engelmayer from Thomas A. Leghorn dated April 1, 2022 re: Defendants' Motion for Summary Judgment. Document filed by NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 65
ORDER: By April 1, 2022, the parties are directed to file a joint letter providing an update on the status of this case following limited discovery and previewing any issues that the parties would like to raise at the case management conference scheduled for April 5, 2022 at 2 p.m. The case management conference will be a telephonic conference. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound(#) key. Counsel are directed to review the Court's Emergency Individual Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/28/2022) ( Telephone Conference set for 4/5/2022 at 02:00 PM before Judge Paul A. Engelmayer.) (ks)
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Filing 64
ORDER granting #63 Motion for Eugene Rome to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 3/22/2022) (ate)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #63 AMENDED MOTION for Eugene Rome 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 63
AMENDED MOTION for Eugene Rome to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 62
AMENDED CASE MANAGEMENT PLAN GOVERNING DISCOVERY ON CONTRACT ISSUES: All parties do not consent to conducting all further proceedings before a Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried to a jury. Any motion to amend or to join additional parties shall be filed within 30 days from the date of this Order. Deposition due by 3/2/2022. Fact Discovery due by 3/4/2022. Estimate length of trial is 7 days. Case Management Conference set for 4/5/2022 at 02:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 1/19/2022) (tg)
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Filing 61
ORDER granting #59 Letter Motion for Extension of Time. Granted. No further extensions should be expected, absent extraordinary circumstances. The case management conference previously scheduled for March 15, 2022 at 2 p.m. is hereby adjourned until April 5, 2022 at 2 p.m. SO ORDERED. Discovery due by 3/4/2022. (Signed by Judge Paul A. Engelmayer on 1/19/2022) (tg)
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Filing 60
PROPOSED CASE MANAGEMENT PLAN. Document filed by NFL Enterprises LLC, National Football League..(Myers, Jason)
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Set/Reset Hearings: Case Management Conference set for 4/5/2022 at 02:00 PM before Judge Paul A. Engelmayer. (tg)
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Filing 59
LETTER MOTION for Extension of Time for limited discovery addressed to Judge Paul A. Engelmayer from Jason M Myers dated January 18, 2022. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Text of Proposed Order Proposed Amended Case Management Plan and Scheduling Order).(Myers, Jason)
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Filing 58
ANSWER to #23 Amended Complaint with JURY DEMAND. Document filed by NFL Enterprises LLC, National Football League..(Myers, Jason)
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Filing 57
STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Judge Paul A. Engelmayer on 11/22/2021) (va)
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Filing 56
PROPOSED PROTECTIVE ORDER. Document filed by NFL Enterprises LLC, National Football League..(Futterman, Virginia)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #55 MOTION for Eugene Rome to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25335654. 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 California. We do not accept certificates from state bar registrar.;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu)
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Filing 55
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Eugene Rome to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25335654. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Sietel Singh Gill. (Attachments: #1 Affidavit Notarized Affidavit in support of Motion, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order Proposed Order).(Janove, Raphael) Modified on 11/16/2021 (bcu).
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Filing 54
CASE MANAGEMENT PLAN GOVERNING DISCOVERY ON CONTRACT ISSUES: All parties do not consent to conducting all further proceedings before Magistrate Judge, including motions and trial. 28 U.S.C. 636(c). This case is to be tried by a jury. Fact Discovery due by 2/11/2021. Deposition due by 2/9/2022. Counsel for the parties have conferred and their present best estimate of the length of trial is seven days. Case Management Conference set for 3/15/2022 at 02:00 PM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 11/10/2021) (va)
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Filing 53
JOINT LETTER addressed to Judge Paul A. Engelmayer from Raphael Janove dated November 9, 2021 re: Joint Proposed Case Management Plan. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 52
OPINION & ORDER re: #15 MOTION to Dismiss the Complaint filed by NFL Enterprises LLC, National Football League; #25 MOTION to Dismiss the First Amended Class Action Complaint or in the alternative to Strike Class Allegations filed by NFL Enterprises LLC, National Football League. For the reasons above, the Court denies defendants' motion to dismiss, save that the Court grants the motion to dismiss the FAC's unjust enrichment claim. The Court also denies defendants' motion to strike the class allegations, without prejudice to defendants' right, later in this litigation, to oppose class certification on similar grounds. The case will now proceed to discovery. The Court directs the parties to submit a joint case management plan within one week of this order. The Court's judgment is that in the first instance, discovery should be limited to the contractual relationship governing the Game Pass service provided to Gill, and that such discovery should be capable of completion within three months. If, following such discovery and any ensuing motion for summary judgment, plaintiffs claims has survived, discovery would then be warranted on issues of breach, damages, and potential class certification. The Court directs counsel to formulate a case management plan consistent with these parameters. The Court respectfully directs the Clerk of the Court to close the motions pending at dockets 15 and 25. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 11/2/2021) (va)
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Filing 51
LETTER addressed to Judge Paul A. Engelmayer from Raphael Janove dated October 13, 2021 re: Oct. 12 Conference and Order. Document filed by Sietel Singh Gill. (Attachments: #1 Exhibit Ex. A - 2013 Terms, #2 Exhibit Ex. B - 2019-20 Terms, #3 Exhibit Ex. C - Feb. 7, 2020 Email, #4 Exhibit Ex. D - Feb. 14, 2020 Email, #5 Exhibit Ex. E - Sept. 10, 2013 Email, #6 Exhibit Ex. F - Aug. 19, 2019 Email, #7 Exhibit Ex. G - July 9, 2020 Email.).(Janove, Raphael)
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Filing 50
ORDER granting #37 Letter Motion to Stay re: #37 LETTER MOTION to Stay Discovery Pending Resolution of the Motion to Dismiss the First Amended Complaint addressed to Judge Paul A. Engelmayer from Sara A. Ricciardi dated September 3, 2021. On October 12, 2021, an initial pretrial conference was held in this case. See Dkt. 45. For the reasons stated at the conference, discovery is stayed pending the Court's review of cognizable materials. Plaintiff is directed to submit the materials discussed at the conference and agreed on by the parties as cognizable by end of day on October 13, 2021. The Clerk of Court is respectfully directed to close the motion pending at docket 37. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/12/2021) (ate)
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Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephonic Initial Pretrial Conference held on 10/12/2021. (ajs)
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Filing 49
ORDER: An initial pretrial conference in this case is scheduled for October 12, 2021, at 10 a.m. Dkt. 45. The Court will inquire then of counsel whether, inter alia, the First Amended Complaint incorporates by reference the 2013 contract that plaintiff alleges he made with defendants, see, e.g., Dkt. 23, 30, 33. Counsel should be prepared to address that issue, and, if the Court determines that that contract is cognizable, to file that contract on the docket of this case forthwith. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/7/2021) (jca)
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Filing 48
LETTER addressed to Judge Paul A. Engelmayer from Raphael Janove dated October 5, 2021 re: Joint Statement and Proposed CMO for Oct. 12 Conference. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 47
ORDER granting #46 Letter Motion to Substitute Attorney. Granted. SO ORDERED. Attorney Sara Ann Ricciardi and Tyler Brooks Robinson terminated. (Signed by Judge Paul A. Engelmayer on 9/23/2021) (va)
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Filing 46
LETTER MOTION to Substitute Attorney. Old Attorney: Simpson Thacher & Bartlett LLP, New Attorney: London Fischer LLP addressed to Judge Paul A. Engelmayer from Sara A. Ricciardi dated September 23, 2021. Document filed by NFL Enterprises LLC, National Football League..(Ricciardi, Sara)
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Filing 45
ORDER granting #44 Letter Motion to Adjourn Conference. Granted. The initial pretrial conference previously scheduled for September 29, 2021 is hereby adjourned until 10 a.m. on October 12, 2021. The due date for filings required prior to the conference date is now October 6, 202l. SO ORDERED. Initial Conference set for 10/12/2021 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 9/21/2021) (va)
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Filing 44
LETTER MOTION to Adjourn Conference addressed to Judge Paul A. Engelmayer from Thomas A. Leghorn dated September 20, 2021. Document filed by NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 43
NOTICE OF APPEARANCE by Jason Marc Myers on behalf of NFL Enterprises LLC, National Football League..(Myers, Jason)
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Filing 42
NOTICE OF APPEARANCE by Joshua Kelly on behalf of NFL Enterprises LLC, National Football League..(Kelly, Joshua)
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Filing 41
NOTICE OF APPEARANCE by Thomas Arthur Leghorn on behalf of NFL Enterprises LLC, National Football League..(Leghorn, Thomas)
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Filing 40
CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on NFL and NFL Enterprises on September 9, 2021. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 39
LETTER RESPONSE in Opposition to Motion addressed to Judge Paul A. Engelmayer from Raphael Janove dated September 9, 2021 re: #37 LETTER MOTION to Stay Discovery Pending Resolution of the Motion to Dismiss the First Amended Complaint addressed to Judge Paul A. Engelmayer from Sara A. Ricciardi dated September 3, 2021. . Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 38
NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court has received the parties' letters regarding discovery and a case management plan. Dkts. 36, 37. An initial pretrial conference is hereby scheduled for September 29, 2021 at 10 a.m. This conference will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Initial Conference set for 9/29/2021 at 10:00 AM before Judge Paul A. Engelmayer. (Signed by Judge Paul A. Engelmayer on 9/7/2021) (va)
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Filing 37
LETTER MOTION to Stay Discovery Pending Resolution of the Motion to Dismiss the First Amended Complaint addressed to Judge Paul A. Engelmayer from Sara A. Ricciardi dated September 3, 2021. Document filed by NFL Enterprises LLC, National Football League..(Ricciardi, Sara)
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Filing 36
LETTER addressed to Judge Paul A. Engelmayer from Raphael Janove dated September 3, 2021 re: Rule 16 Case Management Conference. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter filed by NFL Enterprises LLC, National Football League. ENDORSEMENT: The Court thanks counsel for this letter. The Court is mindful that the motion is pending. A decision on the motion will issue in due course. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 8/25/2021) (tg)
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Filing 34
LETTER addressed to Judge Paul A. Engelmayer from Sara A. Ricciardi dated August 24, 2021 Document filed by NFL Enterprises LLC, National Football League..(Ricciardi, Sara)
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Filing 33
REPLY MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint or in the alternative to Strike Class Allegations. . Document filed by NFL Enterprises LLC, National Football League..(Robinson, Tyler)
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Filing 32
LETTER addressed to Judge Paul A. Engelmayer from Raphael Janove dated June 17, 2021 re: Plaintiff's Request for Oral Argument. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 31
MEMORANDUM OF LAW in Opposition re: #25 MOTION to Dismiss the First Amended Class Action Complaint or in the alternative to Strike Class Allegations. . Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 30
ORDER granting #29 Letter Motion for Extension of Time to File Response/Reply re #29 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from Raphael Janove dated May 24, 2021. Granted. Plaintiff's response is due by June 17, 2021. Defendants' reply, if any, is due by June 24, 2021. SO ORDERED. Responses due by 6/17/2021 Replies due by 6/24/2021. (Signed by Judge Paul A. Engelmayer on 5/24/2021) (vfr)
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Filing 29
FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Paul A. Engelmayer from Raphael Janove dated May 24, 2021. Document filed by Sietel Singh Gill..(Janove, Raphael)
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Filing 28
NOTICE of Corrected Exhibit A to DECLARATION of Sara A. Ricciardi in Support re: #25 MOTION to Dismiss re: #27 Declaration in Support of Motion,. Document filed by NFL Enterprises LLC, National Football League..(Ricciardi, Sara)
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Filing 27
DECLARATION of Sara A. Ricciardi in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint or in the alternative to Strike Class Allegations.. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Ricciardi, Sara)
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Filing 26
MEMORANDUM OF LAW in Support re: #25 MOTION to Dismiss the First Amended Class Action Complaint or in the alternative to Strike Class Allegations. . Document filed by NFL Enterprises LLC, National Football League..(Robinson, Tyler)
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Filing 25
MOTION to Dismiss the First Amended Class Action Complaint or in the alternative to Strike Class Allegations. Document filed by NFL Enterprises LLC, National Football League..(Robinson, Tyler)
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Filing 24
EXHIBIT TO PLEADING re: #23 Amended Complaint. Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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Filing 23
FIRST AMENDED COMPLAINT amending #1 Complaint against NFL Enterprises LLC, National Football League with JURY DEMAND.Document filed by Sietel Singh Gill. Related document: #1 Complaint..(Kronenberger, Karl)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Karl Stephen Kronenberger to RE-FILE re: Document No. #22 Amended Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was selected; each party must be individually selected; the pleading was filed incorrectly on the due date, therefore new Court's leave must be granted. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (jgo)
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Filing 22
FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending #1 Complaint against All Defendants with JURY DEMAND.Document filed by Sietel Singh Gill. Related document: #1 Complaint..(Kronenberger, Karl) Modified on 4/30/2021 (jgo).
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Filing 21
NOTICE OF APPEARANCE by Christopher Kin Leung on behalf of Sietel Singh Gill..(Leung, Christopher)
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Filing 20
NOTICE OF APPEARANCE by Raphael Janove on behalf of Sietel Singh Gill..(Janove, Raphael)
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Filing 19
NOTICE OF APPEARANCE by Adam Lewis Pollock on behalf of Sietel Singh Gill..(Pollock, Adam)
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Filing 18
ORDER re: #15 MOTION to Dismiss the Complaint, filed by NFL Enterprises LLC, National Football League. Accordingly, it is hereby ORDERED that plaintiff shall file any amended complaint by April 29, 2021. No further opportunities to amend will ordinarily be granted. If plaintiff does amend, by May 20, 2021, defendants shall: (1) file an answer; (2) file a new motion to dismiss; or (3) submit a letter to the Court, copying plaintiff, stating that they rely on the previously filed motion to dismiss. It is further ORDERED that if no amended complaint is filed, plaintiff shall serve any opposition to the motion to dismiss by April 29, 2021. Defendants' reply, if any, shall be served by May 13, 2021. At the time any reply is served, the moving party shall supply the Court with a courtesy copy of all motion papers by attaching them as PDF files to a single email addressed to EngelmayerNYSDChambers@nysd.uscourts.gov. The Court will determine later, after receipt of plaintiff's anticipated brief opposing a motion to dismiss the current or amended complaint, whether to schedule oral argument. SO ORDERED. ( Amended Pleadings due by 4/29/2021. Motions due by 5/20/2021.) (Signed by Judge Paul A. Engelmayer on 4/9/2021) (va)
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Filing 17
DECLARATION of Sara A. Ricciardi in Support re: #15 MOTION to Dismiss the Complaint.. Document filed by NFL Enterprises LLC, National Football League. (Attachments: #1 Exhibit A - NFL Game Pass Homepage, #2 Exhibit B - Terms and Conditions NFL.com, #3 Exhibit C - NFL Game Pass International Home Page, #4 Exhibit D - Subscription Product Terms).(Ricciardi, Sara)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss the Complaint. . Document filed by NFL Enterprises LLC, National Football League..(Robinson, Tyler)
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Filing 15
MOTION to Dismiss the Complaint. Document filed by NFL Enterprises LLC, National Football League..(Robinson, Tyler)
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Filing 14
ORDER granting #10 LETTER MOTION for Extension of Time to respond to the complaint. Granted. Defendants' response to the Complaint is due by April 8, 2021. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/26/2021) (jca)
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Filing 13
SUMMONS RETURNED EXECUTED Summons and Complaint served. NFL Enterprises LLC served on 2/8/2021, answer due 3/1/2021. Service was accepted by Gina Martinez, Clerk for the Building. Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent NFL Ventures, L.P. for NFL Enterprises LLC. Document filed by NFL Enterprises LLC..(Robinson, Tyler)
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Filing 11
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Football League..(Robinson, Tyler)
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Filing 10
LETTER MOTION for Extension of Time to respond to the complaint addressed to Judge Paul A. Engelmayer from Sara A. Ricciardi dated February 26, 2021. Document filed by NFL Enterprises LLC, National Football League..(Ricciardi, Sara)
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Filing 9
NOTICE OF APPEARANCE by Sara Ann Ricciardi on behalf of NFL Enterprises LLC, National Football League..(Ricciardi, Sara)
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Filing 8
NOTICE OF APPEARANCE by Tyler Brooks Robinson on behalf of NFL Enterprises LLC, National Football League..(Robinson, Tyler)
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Set/Reset Deadlines: NFL Enterprises LLC answer due 4/8/2021; National Football League answer due 4/8/2021. Motions due by 4/8/2021. (jca)
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Filing 7
SUMMONS RETURNED EXECUTED Summons and Complaint served. National Football League served on 2/16/2021, answer due 3/9/2021. Service was accepted by Bonnie Jarrett - Agent for Service. Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to NFL Enterprises LLC..(jgo)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to National Football League..(jgo)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. 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..(jgo)
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Magistrate Judge Robert W. Lehrburger 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. (jgo)
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Case Designated ECF. (jgo)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to NFL Enterprises, LLC, re: #1 Complaint. Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to National Football League, re: #1 Complaint. Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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Filing 2
CIVIL COVER SHEET filed..(Kronenberger, Karl)
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Filing 1
COMPLAINT against NFL Enterprises LLC, National Football League. (Filing Fee $ 402.00, Receipt Number ANYSDC-23825966)Document filed by Sietel Singh Gill..(Kronenberger, Karl)
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