Dapper Labs Inc. v. John Does Nos. 1 to 25
| Dapper Labs Inc. |
| John Does Nos. 1 to 25 and Emily Goetz |
| 1:2021cv01289 |
| February 12, 2021 |
| US District Court for the Southern District of New York |
| Paul A Engelmayer |
| Trademark |
| 15 U.S.C. § 1125 la |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 15, 2021. A more recent docket listing may be available from PACER.
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| Filing 42 DECLARATION of Vijay K. Toke re: #41 Order of Dismissal,,,,,, Re Service of Provisional Dismissal Order (ECF Dkt. 40) on Grant Gulovsen. Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit A).(Toke, Vijay) |
Filing 41
ORDER: The Court having been advised by the parties that all claims asserted herein have been settled in principle, Dkt. 40, 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 thirty days of the date of this Order if the settlement is not consummated. To be clear, any application to reopen must be filed within thirty 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 thirty-day period to be "so ordered" by the Court. Per Paragraph 4(C) of the Courts 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. Plaintiff is directed to serve notice of this Order forthwith on Grant Gulovsen, and file an affidavit reflecting service of this Order on Mr. Gulovsen by March 18, 2021 at 5:00 p.m. The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/16/2021) (jca)
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| Terminate Transcript Deadlines (jca) |
| Filing 40 LETTER addressed to Judge Paul A. Engelmayer from Vijay K. Toke dated 03/15/2021 re: Settlement. Document filed by Dapper Labs Inc...(Toke, Vijay) |
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Filing 39
ORDER: The Clerk of Court is respectfully directed to amend the caption of this case to reflect the caption above. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/11/2021) (jca)
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Filing 38
ORDER FOR PRO HAC VICE ADMISSION OF ALEKZANDIR MORTON granting #36 MOTION for ALEKZANDIR MORTON to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 3/10/2021) (jca)
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| Filing 37 DECLARATION of Vijay K. Toke re: #35 Order,,,,,,, SERVICE OF PRELIMINARY INJUNCTION ORDER ON GRANT GULOVSEN. Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit A).(Toke, Vijay) |
| Filing 36 MOTION for ALEKZANDIR MORTON to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24225493. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dapper Labs Inc.. (Attachments: #1 Declaration of Alekzandir Morton, #2 Exhibit A - Certificate of Good Standing, #3 Text of Proposed Order).(Morton, Alekzandir) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #36 MOTION for ALEKZANDIR MORTON to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24225493. 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 35
ORDER GRANTING PRELIMINARY INJUNCTION re: #27 Order to Show Cause. For good cause shown, and for the reasons set forth in Plaintiffs application for a preliminary injunction and on the record during the March 5, 2021 hearing, it is hereby ORDERED that, sufficient reason having been shown therefore, pursuant to Rule 65 of the Federal Rules of Civil Procedure, Defendants, and the directors, officers, agents, servants, employees, attorneys, and all other persons in active conceit or participation with Defendants who receive notice of this Order, are preliminarily enjoined and prohibited from using the Flow Mark in connection with the sale, offering for sale, advertising, marketing, and promoting of the FP Token, including but not limited to as the ticker symbol for the FP Token or in the domain name |
| Minute Entry for proceedings held before Judge Paul A. Engelmayer: Telephone Conference held on 3/5/2021. Court reporter present. (ajs) |
| Filing 34 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/19/21 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) |
| Filing 33 TRANSCRIPT of Proceedings re: CONFERENCE held on 2/19/2021 before Judge Paul A. Engelmayer. Court Reporter/Transcriber: Andrew Walker, (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 3/24/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/1/2021..(McGuirk, Kelly) |
| Filing 32 DECLARATION of of Vijay K. Toke re: #31 Order to Show Cause,,,, . Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Toke, Vijay) |
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Filing 31
ORDER TO SHOW CAUSE: The Court orders Grant Gulovsen, Esq., to show cause, by means of a letter memorandum citing apposite authority, why he should not be ordered to identify all John Doe defendants inthis case whom he represents or has represented. This letter memorandum is due Wednesday, March 3, 2021, at noon, and is to be filed on the docket of this case and separately emailed to the Court's chambers, at EngelmayerNYSDChambers@nysd.uscourts.gov. The failure to submit such a letter memorandum will lead the Court to treat plaintiffs' application for such relief as unopposed. Plaintiffs' counsel is directed to serve this order on Mr. Gulovsen forthwith today and to promptly file a declaration attesting to such service on the docket of this case. The Court authorizes plaintiffs' counsel to so serve Mr. Gulovsen by email, at the email address or addresses that counsel has previously used to communicate with Mr. Gulovsen; if plaintiffs' counsel elects to effect service by email, counsel's declaration is to set out in detail the basis on which that email address is known to be that of Mr. Gulovsen. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/26/2021) (jca)
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| Filing 30 LETTER MOTION to Compel attorney Grant Gulovsen to Identify all John Doe Defendants addressed to Judge Paul A. Engelmayer from Vijay K. Toke dated February 25, 2021. Document filed by Dapper Labs Inc...(Toke, Vijay) |
| Filing 29 DECLARATION of Vijay K. Toke regarding service of court's February 22, 2021 Order. Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Toke, Vijay) |
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Filing 28
ORDER. On February 19, 2021, plaintiff Dapper Labs, Inc., after bring suit against Emily Goetz, voluntarily dismissed Ms. Goetz as a defendant in this case. Dkt. 26. This order memorizes the Court's finding - with which all parties, including Dapper Labs, agree - that she was wrongly named as a defendant in this suit. In fact, Dapper Labs has acknowledged that it lacks any basis to believe that Ms. Goetz engaged in any conduct at all with respect to it, and has apologized to Ms. Goetz for errantly naming her as a defendant. Dapper Labs' inclusion of Ms. Goetz in this lawsuit appears to have been based on vindictive social media postings about her by a third party which Dapper Labs now acknowledges were false. The Court issues this Order to assist Ms. Goetz to respond in the event of future inquiries about the circumstances of this lawsuit. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 2/23/2021) (rjm)
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Filing 27
AMENDED ORDER TO SHOW CAUSE FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION: It is hereby ORDERED that Defendants John Does Nos 1 to 25 ("Defendants") (and any Defendant who can be named and substituted in place of a Doe prior to the hearing date) or Grant Gulovsen (or any other counsel who files a notice of appearance on behalf of Defendants prior to the hearing date) appear before this Court for a telephonic conference on the day of March 5, 2021 at 10 o'clock a.m. and show cause why an order should not be issued, pursuant to Rule 65 of the Federal Rules of Civil Procedure, preliminarily enjoining and prohibiting Defendants, and the directors, officers, agents, servants, employees, attorneys, and all other persons in active concert or participation with Defendant who receive notice of this Order, from using the word mark "FLOW" (the "Flow Mark") in connection with the sale, offering for sale, advertising, marketing, and promoting of the Flow Protocol cryptocurrency token (the "FP Token"), including but not limited to as the ticker symbol for the FP Token or in the domain name |
| Set/Reset Deadlines: (Replies due by 3/3/2021.), Set/Reset Hearings:(Telephone Conference set for 3/5/2021 at 10:00 AM before Judge Paul A. Engelmayer.) (jca) |
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Filing 26
NOTICE OF VOLUNTARY DISMISSAL OF ALL CLAIMS AGAINST DEFENDANT EMILY GOETZ WITHOUT PREJUDICE: NOTICE IS HEREBY GIVEN that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), plaintiff Dapper Labs Inc. ("Plaintiff") voluntarily dismisses all claims against defendant Emily Goetz ("Defendant Goetz") in the above-captioned action, without prejudice. Plaintiff, however, maintains the claims for relief against John Does Nos 1 to 25 alleged in the Complaint (ECF Dkt. No. 1). This Notice has been filed before Defendant Goetz served either an answer or a motion for summary judgment. SO ORDERED. Emily Goetz terminated. (Signed by Judge Paul A. Engelmayer on 2/19/2021) (jca)
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| Filing 25 BRIEF re: #11 Order,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,, . Document filed by Dapper Labs Inc...(Toke, Vijay) |
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Filing 24
ORDER FOR PRO HAC VICE ADMISSION OF STACIE O. KINSER granting #19 MOTION for Stacie O. Kinser to Appear Pro Hac Vice. (Signed by Judge Paul A. Engelmayer on 2/18/2021) (jca)
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| Filing 23 CERTIFICATE OF SERVICE of Notice of Voluntary Dismissal served on Emily Goetz on 2/18/2021. Service was made by Mail. Document filed by Dapper Labs Inc...(Toke, Vijay) |
| Filing 22 NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) Emily Goetz. Document filed by Dapper Labs Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Toke, Vijay) |
| Filing 21 SUMMONS RETURNED EXECUTED. Emily Goetz served on 2/16/2021, answer due 3/9/2021. Service was accepted by Emily Goetz. Document filed by Dapper Labs Inc...(Toke, Vijay) |
| Filing 19 MOTION for Stacie O. Kinser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23987732. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dapper Labs Inc.. (Attachments: #1 Declaration of Stacie O. Kinser, #2 Exhibit A Certificate of Good Standing, #3 Text of Proposed Order, #4 Certificate of Service).(Kinser, Stacie) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #22 Notice of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Stacie O. Kinser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23987732. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 20 AFFIDAVIT OF DEFENDANT EMILY GOETZ, re: in opposition to #11 Order, Set Deadlines/Hearings. Document filed by Emily Goetz. (Attachments: #1 Exhibit, #2 Affidavit of Service)(sc) |
| Filing 18 DECLARATION of Vijay K. Toke re: #16 Order,, . Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit A Email Correspondence).(Toke, Vijay) |
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Filing 17
ORDER FOR PRO HAC VICE ADMISSION OF VIJAY K. TOKE granting #14 Motion for Vijay K. Toke to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Vijay K. Toke is admitted to practice Pro Hac Vice in the above-captioned matter in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul A. Engelmayer on 2/17/2021) (kv) Modified on 2/17/2021 (kv).
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Filing 16
ORDER: The Court declined to enter a temporary injunction without the benefit of a response from defendants and scheduled a telephonic hearing on Friday, February 19, at 10 a.m., for the purpose of determining whether to enter preliminary relief. Dkt. 11. The Court now orders Grant Gulovsen, Esq., who has held himself out as representing the developers of Flow Protocol, to attend this telephonic hearing. The Court directs the plaintiff to serve this order on Mr. Gulovsen via email forthwith, and to file an affirmation of that service on the docket by tonight at 7:00 p.m. (As further set forth in this Order.) (Signed by Judge Paul A. Engelmayer on 2/17/2021) (cf)
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| Filing 15 LETTER MOTION to Compel / seeking an order to compel the attendance of Mr. Grant Gulovsen addressed to Judge Paul A. Engelmayer from Vijay K. Toke dated February 17, 2021. Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit 1 Email correspondence, #2 Exhibit 2 Screenshot of Illinois State Bar).(Lefever, Anne) |
| Filing 14 MOTION for Vijay K. Toke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23960824. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dapper Labs Inc.. (Attachments: #1 Declaration of Vijay K. Toke, #2 Exhibit A Certificate of Good Standing, #3 Text of Proposed Order, #4 Certificate of Service).(Toke, Vijay) |
| Filing 13 AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF)..(dnh) |
| Filing 12 DECLARATION of Vijay K. Toke re: #11 Order,,,,,,,,,, Set Deadlines/Hearings,,,,,,,,, . Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit 1 - Email exchange).(Lefever, Anne) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Vijay K. Toke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23960824. 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 11
ORDER: In this newly filed case, the Court has received an ex parte application from plaintiff Dapper Labs Inc. seeking a temporary restraining order ("TRO") and a preliminary injunction ("PI") enjoining defendants Emily Goetz and John Does Nos. 1 to 25 from using the FLOW mark in connection with the sale, offering for sale, advertising, marketing, and promoting of Flow Protocol Token so to prevent the erosion of the goodwill associated with plaintiffs FLOW Mark. The Court declines to enter a temporary injunction without the benefit of a response from defendants. Insofar as plaintiff's application reflects that the parties have had extended negotiations in advance of this application, entry of temporary relief on an ex parte basis is not merited or appropriate. Plaintiff's claims, however, appear substantial, and the Court intends to litigate plaintiff's request for preliminary relief with dispatch. Accordingly, the Court orders that (1) plaintiff fo1thwith serve all papers submitted to the Court upon defendants, and file these on the docket of this case; (2) defendants file a response to plaintiffs application by Wednesday, February 17, 2021, at 5 p.m.; and (3) plaintiff file any reply by Thursday, February 18, at 5 p.m. The Court will convene a hearing on Friday, February 19, 2021 at 10 a.m., for the purpose of determining whether to enter preliminary relief. This hearing 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. 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. The Court directs plaintiff to serve this order forthwith on defendants, and to file an affidavit reflecting service of this order on the docket of this case by noon on Tuesday, February 16, 2021. ( Responses due by 2/17/2021, Replies due by 2/18/2021., Telephone Conference set for 2/19/2021 at 10:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 2/12/2021) (mro)
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| Filing 10 AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Lefever, Anne) |
| Filing 9 DECLARATION of Vijay K. Toke in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit 1 March 6, 2020 Article, #2 Exhibit 2 March 6, 2020 Article, #3 Exhibit 3 March 6, 2020 Article, #4 Exhibit 4 March 6, 2020 Article, #5 Exhibit 5 Flow Protocol Reddit Post, #6 Exhibit 6 Screenshot taken from the webpage Etherscan, #7 Exhibit 7 Comments posted on the online forum 4chan, #8 Exhibit 8 Copy of email chain between in-house counsel for Dapper and Mr. Gulovsen through December 29, 2020).(Lefever, Anne) |
| Filing 8 ELECTRONIC SUMMONS ISSUED as to Emily Goetz..(jgo) |
| Filing 7 DECLARATION of Roham Gharegozlou in Support re: #5 Proposed Order to Show Cause With Emergency Relief. Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit 1 November 4, 2014 Article, #2 Exhibit 2 March 5, 2020 Article, #3 Exhibit 3 Flow Primer and FAQ dated July 2020, #4 Exhibit 4 Articles regarding Flow).(Lefever, Anne) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief . Document filed by Dapper Labs Inc...(Lefever, Anne) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Dapper Labs Inc...(Lefever, Anne) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Launch Labs, Inc. (d/b/a Axiom Zen) for Dapper Labs Inc.. Document filed by Dapper Labs Inc...(Lefever, Anne) |
| Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Emily Goetz, re: #1 Complaint,,. Document filed by Dapper Labs Inc...(Lefever, Anne) |
| Filing 2 CIVIL COVER SHEET filed..(Lefever, Anne) |
| Filing 1 COMPLAINT against Emily Goetz, John Does Nos. 1 to 25. (Filing Fee $ 402.00, Receipt Number ANYSDC-23918850)Document filed by Dapper Labs Inc.. (Attachments: #1 Exhibit A September 12, 2019 Article, #2 Exhibit B May 27, 2020 Article, #3 Exhibit C August 6, 2020 Article, #4 Exhibit D Flow Protocol Reddit Post, #5 Exhibit E Copy of flowprotocol.io website, #6 Exhibit F Examples of Consumer Confusion, #7 Exhibit G Flow Protocol CoinGecko Chart, #8 Exhibit H Flow (Dapper Labs) Chart, #9 Exhibit I Flow Protocol Etherscan Chart, #10 Exhibit J Flow Protocol Etherscan Chart, #11 Exhibit K Examples of Consumer Confusion).(Lefever, Anne) |
| 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) |
| ***NOTICE TO ATTORNEY TO SUBMIT AO 120 FORM PATENT/TRADEMARK. Notice to Attorney Anne Catharine Lefever to submit a completed AO 120 Form Patent/Trademark to court for review. Use the event type AO 120 Form Patent/Trademark - Notice of Submission by Attorney found under the event list Other Documents. (jgo) |
| Case Designated ECF. (jgo) |
| Magistrate Judge Sarah L. Cave 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) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #5 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (dt) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Anne Catharine Lefever. The following case opening statistical information was erroneously selected/entered: County code Kings;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S.;. (jgo) |
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