Compass, Inc. et al v. Real Estate Board of New York, Inc.
| Compass, Inc. and Compass RE NY, LLC |
| Real Estate Board of New York, Inc. |
| NRT New York LLC d/b/a The Corcoran Group |
| 1:2021cv02195 |
| March 12, 2021 |
| US District Court for the Southern District of New York |
| Alison J Nathan |
| Lorna G Schofield |
| Anti-Trust |
| 15 U.S.C. § 1 Antitrust Litigation (Monopolizing Trade) |
| Both |
Docket Report
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This docket was last retrieved on June 2, 2023. A more recent docket listing may be available from PACER.
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Filing 90
MEMO ENDORSEMENT: on re: #89 LETTER MOTION for Conference (Request for Pre-Motion Conference on Motion for Voluntary Dismissal Without Prejudice) addressed to Judge Lorna G. Schofield from Chahira Solh dated December 9, 2022. filed by Compass, Inc., Compass RE NY, LLC. ENDORSEMENT: Defendant shall file a response, not to exceed three pages, by December 16, 2022. So Ordered, ( Responses due by 12/16/2022) (Signed by Judge Lorna G. Schofield on 12/12/2022) (ama)
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Filing 89
LETTER MOTION for Conference (Request for Pre-Motion Conference on Motion for Voluntary Dismissal Without Prejudice) addressed to Judge Lorna G. Schofield from Chahira Solh dated December 9, 2022. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 88
MEMO ENDORSEMENT on re: #87 Letter filed by Compass, Inc., Compass RE NY, LLC. ENDORSEMENT: The parties are reminded that further extensions of discovery will not be granted absent a showing of extraordinary circumstances and diligence in completing discovery. The parties are further reminded of the deadlines in the Amended Case Management Plan, Dkt. 63, including that the parties produce all responsive documents by January 16, 2023, and complete all depositions by February 17, 2023. ( Depositions due by 2/17/2023.) (Signed by Judge Lorna G. Schofield on 11/18/2022) (vfr)
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Filing 87
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh dated November 17, 2022 re: Joint Status Letter. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 86
ORDER: No such status letter was filed. It is hereby ORDERED that the parties shall file the required status letter as soon as possible, and no later than November 18, 2022. (Signed by Judge Lorna G. Schofield on 11/17/2022) (mml)
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Filing 85
ORDER terminating #68 Letter Motion for Conference re: #68 LETTER MOTION for Conference (request for pre-motion conference and leave to file motion to compel) addressed to Judge Lorna G. Schofield from Eric Fanchiang dated September 29, 2022., #80 LETTER MOTION to Seal Joint Letter of Compass and Corcoran addressed to Judge Lorna G. Schofield from Eric Fanchiang dated November 4, 2022. ; granting #80 Letter Motion to Seal. Application GRANTED. For the reasons stated in Plaintiffs' letter, the joint letter may be filed under seal. The Clerk of Court is respectfully directed to close the gavels at Dkts. No. 68 and 80. (Signed by Judge Lorna G. Schofield on 11/15/2022) (tg)
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Filing 84
JOINT LETTER addressed to Judge Lorna G. Schofield from Eric Fanchiang dated November 14, 2022 re: Discovery Dispute. Document filed by Compass RE NY, LLC, Compass, Inc...(Fanchiang, Eric)
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Filing 83
MEMO ENDORSEMENT on re: #82 Letter, filed by Compass, Inc., Compass RE NY, LLC. ENDORSEMENT: For the reasons discussed in Plaintiffs' statement of the issues, the Settlement Agreement provides no basis for Corcoran to decline to respond to a discovery subpoena. Further, res judicata does not prevent Compass from seeking discovery from Corcoran as a third-party in this action. In light of these holdings, the parties shall meet and confer and by November 14, 2022, file a letter on ECF stating whether any issues remain in need of judicial resolution. So Ordered. (Signed by Judge Lorna G. Schofield on 11/7/2022) (vfr)
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Filing 82
JOINT LETTER addressed to Judge Lorna G. Schofield from Eric Fanchiang dated November 4, 2022 re: Discovery Dispute Between Compass and Corcoran. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Exhibit A - Confidential Settlement Agreement).(Fanchiang, Eric)
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Filing 81
***SELECTED PARTIES***JOINT LETTER addressed to Judge Lorna G. Schofield from Eric Fanchiang dated November 4, 2022 re: Discovery Dispute Between Compass and Corcoran. Document filed by NRT New York LLC d/b/a The Corcoran Group, Compass, Inc., Compass RE NY, LLC. (Attachments: #1 Exhibit A - Confidential Settlement Agreement)Motion or Order to File Under Seal: #80 .(Fanchiang, Eric)
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Filing 80
LETTER MOTION to Seal Joint Letter of Compass and Corcoran addressed to Judge Lorna G. Schofield from Eric Fanchiang dated November 4, 2022. Document filed by Compass RE NY, LLC, Compass, Inc...(Fanchiang, Eric)
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Filing 79
ORDER granting #78 Letter Motion for Extension of Time. Application GRANTED. The parties shall meet and confer pursuant to the Order issued October 18, 2022, and file the required joint letter by November 4, 2022. No further extensions will be granted absent extraordinary circumstances. So Ordered. (Signed by Judge Lorna G. Schofield on 10/21/2022) (mml)
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Filing 78
JOINT LETTER MOTION for Extension of Time to Comply with Courts October 18, 2022 Order (Dkt. No. 77) addressed to Judge Lorna G. Schofield from Chahira Solh dated October 20, 2022. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 77
ENDORSED LETTER addressed to Judge Lorna G. Schofield from Nicholas A. Sarokhanian dated 10/14/2022 re: Response to Request for Pre-Motion Conference on Motion to Compel. ENDORSEMENT: The disputants' letters do not convince the Court they have met and conferred in a sincere effort to narrow the issues requiring judicial resolution. Plaintiff and non-party Corcoran shall meet and confer in good faith to resolve this dispute to the extent possible. By October 25, 2022, the disputants shall file a joint letter, not to exceed five pages, identifying any remaining areas of dispute and their respective positions on each. They shall also email the referenced settlement agreement to chambers at Schofield_NYSDChambers@nysd.uscourts.gov, and file it under seal. So Ordered. (Signed by Judge Lorna G. Schofield on 10/18/2022) (tg)
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Filing 76
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh dated October 17, 2022 re: Joint Status Letter. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 75
ORDER granting #74 Motion for Nicholas Alex Sarokhanian to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 74
MOTION for Nicholas Alex Sarokhanian to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NRT New York LLC d/b/a The Corcoran Group. (Attachments: #1 Affidavit of Nicholas A. Sarokhanian, #2 Exhibit Ex. 1 - Certificate of Good Standing from the Supreme Court of Texas, #3 Exhibit Ex. 2 - Certificate of Good Standing from the Supreme Court of Minnesota, #4 Text of Proposed Order Proposed Order).(Sarokhanian, Nicholas)
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #73 MOTION for Nicholas Alex Sarokhanian 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 TEXAS (Not State Bar). 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. (aea)
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Filing 73
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicholas Alex Sarokhanian to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NRT New York LLC d/b/a The Corcoran Group. (Attachments: #1 Affidavit Declaration of N. Sarokhanian, #2 Exhibit Ex. 1 - Certificate of Good Standing (Texas), #3 Exhibit Ex. 2 - Certificate of Good Standing (MN), #4 Text of Proposed Order Proposed Order).(Sarokhanian, Nicholas) Modified on 10/7/2022 (aea).
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>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. #72 MOTION for Nicholas Alex Sarokhanian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26775366. 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 Texas; missing Proposed Order. 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. (aea)
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Filing 72
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Nicholas Alex Sarokhanian to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26775366. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NRT New York LLC d/b/a The Corcoran Group..(Sarokhanian, Nicholas) Modified on 10/6/2022 (aea).
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Filing 71
ORDER granting in part #70 Letter Motion to Adjourn Conference. Application GRANTED IN PART. Non-party NRT New York LLC d/b/a The Corcoran Group ("Corcoran") shall file a response to Plaintiffs' letter by October 14, 2022. Any pre-motion conference, if necessary, will be scheduled upon receipt of Corcoran's letter. Plaintiffs shall serve this Order on non-party Corcoran by October 4, 2022. (Signed by Judge Lorna G. Schofield on 10/3/2022) (mml)
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Set/Reset Deadlines: Responses due by 10/14/2022. (mml)
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Filing 70
CONSENT LETTER MOTION to Adjourn Conference /pre-motion conference to held no sooner than October 28, 2022, and to extend Corcoran's deadline to file a response to the Pre-Motion Letter until October 14, 2022, addressed to Judge Lorna G. Schofield from Robert J. Burns dated September 30, 2022. Document filed by NRT New York LLC d/b/a The Corcoran Group..(Burns, Robert)
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Filing 69
ORDER with respect to #68 Letter Motion for Conference re: #68 LETTER MOTION for Conference (request for pre-motion conference and leave to file motion to compel) addressed to Judge Lorna G. Schofield from Eric Fanchiang dated September 29, 2022. By October 10, 2022, non-party NRT New York LLC d/b/a The Corcoran Group ("Corcoran") shall email a letter response, not to exceed three pages, to Plaintiffs' letter to Schofield_NYSDChambers@nysd.uscourts.gov. Plaintiffs shall serve this Order on non-party Corcoran by October 3, 2022. (Signed by Judge Lorna G. Schofield on 9/30/2022) (rro)
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Filing 68
LETTER MOTION for Conference (request for pre-motion conference and leave to file motion to compel) addressed to Judge Lorna G. Schofield from Eric Fanchiang dated September 29, 2022. Document filed by Compass RE NY, LLC, Compass, Inc...(Fanchiang, Eric)
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Filing 67
NOTICE OF APPEARANCE by Marlee Santos on behalf of Compass RE NY, LLC, Compass, Inc...(Santos, Marlee)
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Filing 66
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh dated September 15, 2022 re: Joint Status Letter. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 65
NOTICE OF APPEARANCE by Eric Fanchiang on behalf of Compass RE NY, LLC, Compass, Inc...(Fanchiang, Eric)
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Filing 64
ORDER granting #51 Motion for Eric S. Fanchiang to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
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Filing 63
AMENDED CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plan is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). The parties have conferred pursuant to Fed. R. Civ. P. 26(f). Settlement discussions have not taken place. All fact discovery shall be completed no later than February 17, 2023. The deadlines in paragraph 8 cannot be changed without a showing of cause and a court order. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than June 7, 2023. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is eight (8) trial days. On July 5, 2023 at 4:10 P.M. pre-motion conference will be held for any anticipated dispositive motions. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (And as further set forth herein.) SO ORDERED. Telephone Conference set for 7/5/2023 at 04:10 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/31/2022) (jca)
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Filing 62
MEMO ENDORSEMENT on re: #61 Letter filed by Compass, Inc., Compass RE NY, LLC. ENDORSEMENT: Application GRANTED. A revised case management plan will issue separately. The parties' attention is particularly directed to the change to paragraph 8(g) making these dates firm. No further extensions will be granted absent extraordinary circumstances. (Deposition due by 2/17/2023., Expert Discovery due by 6/7/2023., Fact Discovery due by 2/17/2023.) (Signed by Judge Lorna G. Schofield on 8/31/2022) (jca)
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Filing 61
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh dated August 30, 2022 re: revised discovery and other deadlines. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 60
ORDER: THIS MATTER is before the Court on the Motion to Withdraw Appearance of Diane A. Shrewsbury as Counsel for Plaintiffs Compass, Inc. and Compass RE NY, LLC. Upon due consideration and for good cause shown, it is hereby ORDERED that the Motion to Withdraw is GRANTED and Diane A. Shrewsbury is removed as counsel for Plaintiffs Compass, Inc. and Compass RE NY, LLC and from the electronic notification system for the case. It is SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/29/2022) Attorney Diane Shrewsbury terminated. (ks)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Chahira Solh to RE-FILE Document #59 MOTION for Diane A. Shrewsbury to Withdraw as Attorney for Plaintiffs Compass, Inc. and Compass RE NY, LLC.. ERROR(S): Supporting documents are filed separately, each receiving their own document #. (db)
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Filing 59
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Diane A. Shrewsbury to Withdraw as Attorney for Plaintiffs Compass, Inc. and Compass RE NY, LLC.. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Affidavit Declaration of Chahira Solh, #2 Affidavit Declaration of Diane A. Shrewsbury, #3 Text of Proposed Order [Proposed] Order).(Solh, Chahira) Modified on 8/29/2022 (db).
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Filing 58
MEMO ENDORSEMENT: on re: #56 Letter filed by Compass, Inc., Compass RE NY, LLC. ENDORSEMENT: Application GRANTED in part. The discovery schedule is extended by four months. By August 31, 2022, the parties shall file a joint letter providing dates for when each step in the schedule will be completed. The parties shall continue to file status letters every thirty days, with the next status letter due September 15, 2022. No further extensions will be granted absent extraordinary circumstances. (Signed by Judge Lorna G. Schofield on 8/24/2022) (ama)
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Filing 57
MEMO ENDORSED ORDER denying without prejudice #55 Motion to Withdraw as Attorney. ENDORSEMENT: Application DENIED without prejudice. Counsel shall file an application in compliance with Local Civil Rule 1.4, including a statement about "whether or not the attorney is asserting a retaining or charging lien." Alternatively, according to the Committee Note, counsel may be substituted by a "stipulation which has been signed by counsel, the counsel's client, and all other parties." (Signed by Judge Lorna G. Schofield on 8/24/2022) (mml)
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Filing 56
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh dated August 23, 2022 re: Further explaining why a six-month extension of the discovery schedule is justified. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 55
MOTION for Diane A. Shrewsbury to Withdraw as Attorney for Plaintiffs Compass, Inc. and Compass RE NY, LLC. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Text of Proposed Order Proposed Order).(Shrewsbury, Diane)
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Filing 54
ORDER terminating #52 Letter Motion for Extension of Time to Complete Discovery. The parties are reminded that, pursuant to the Case Management Plan and Scheduling Order, the deadline to produce responsive documents "may be set by the written consent of the parties, without application to the Court, so long as all fact discovery is completed by October 17, 2022." (Dkt. No. 39 at 2.) To the extent that the parties seek to extend the remaining deadlines in the Case Management Plan, by August 24, 2022, the parties shall submit a joint letter further explaining why a six-month extension of the discovery schedule is justified. The letter shall include (1) what discovery has been completed and when; and (2) the discovery that remains to be completed -- i.e., the approximate number of documents to be produced, the number and names of deponents and a brief description of their relation to the case and any other forms of discovery that are contemplated, including any interrogatories and/or any requests for admission. So Ordered. (Signed by Judge Lorna G. Schofield on 8/17/2022) (mml)
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Filing 53
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh dated August 16, 2022 re: Joint Status Letter. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 52
JOINT LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Lorna G. Schofield from Chahira Solh dated August 16, 2022. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #51 MOTION for Eric S. Fanchiang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26499706. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz)
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Filing 51
MOTION for Eric S. Fanchiang to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-26499706. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Affidavit of Eric S. Fanchiang, #2 Exhibit Certificate of Good Standing, #3 Text of Proposed Order for Admission Pro Hac Vice).(Fanchiang, Eric)
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Filing 50
ORDER denying #36 MOTION for Reconsideration re: #32 Memorandum & Opinion, filed by Real Estate Board of New York, Inc.; denying #36 MOTION for Reconsideration re: #32 Memorandum & Opinion. It is hereby ORDERED that, for the foregoing reasons, Defendants' motion for reconsideration is DENIED. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 36. (Signed by Judge Lorna G. Schofield on 7/27/2022) (mml)
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Filing 49
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh dated July 18, 2022 re: Joint Status Letter. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 48
ORDER ADOPTING PROTOCOL FOR THE PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION granting #46 Letter Motion for Discovery. Pursuant to the agreement reached between Plaintiffs Compass, Inc. and Compass RE NY, LLC ("Plaintiffs" or collectively, "Compass") and Defendant Real Estate Board of New York, Inc. ("Defendant" or "REBNY") (Compass and REBNY, together, "the Parties") herein, this Court adopts and orders the following Protocol relating to the Production of Documents and Electronically Stored Information in these Proceedings, which binds all Parties and their counsel of record in this Action, whether they currently are involved or become so in the future. The failure of this Protocol to address any particular issue is without prejudice to any position that a Party may take on that issue, as further set forth herein. So Ordered. (Signed by Judge Lorna G. Schofield on 6/23/2022) (mml)
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Filing 47
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...The parties are advised that the Court retains discretion as to whether to afford confidential treatment to redacted information in Orders and Opinions. The parties are further directed to follow the Court's Individual Rule I.D.3 regarding motions for approval of sealed or redacted filings. So Ordered. (Signed by Judge Lorna G. Schofield on 6/23/2022) (jca)
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Filing 46
JOINT LETTER MOTION for Discovery enclosing for the Courts approval the Parties Proposed Protective Order and Proposed Order Adopting Protocol for the Production of Documents and Electronically Stored Information addressed to Judge Lorna G. Schofield from Chahira Solh dated June 22, 2022. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Text of Proposed Order (Proposed) Protective Order, #2 Text of Proposed Order (Proposed) Order Adopting Protocol for the Production of Document and Electronically Stored Information).(Solh, Chahira)
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Filing 45
JOINT LETTER addressed to Judge Lorna G. Schofield from Chahira Solh and Claude G. Szyfer dated June 17, 2022 re: Joint Status Letter. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 44
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 43
ANSWER to #1 Complaint with JURY DEMAND. Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 42
ORDER denying #41 Letter Motion for Leave to File Document. Application DENIED. The motion for reconsideration is now fully briefed. (See Dkt. No. 38.) (Signed by Judge Lorna G. Schofield on 5/3/2022) (mml)
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Filing 41
LETTER MOTION for Leave to File Reply to Opposition to Motion for Reconsideration addressed to Judge Lorna G. Schofield from Claude G. Szyfer dated April 29, 2022. Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 40
MEMORANDUM OF LAW in Opposition re: #36 MOTION for Reconsideration re; #32 Memorandum & Opinion,,, . MOTION for Reargument re: #32 Memorandum & Opinion,,, . . Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 39
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). Amended Pleadings due by 5/19/2022. Joinder of Parties due by 5/19/2022. Deposition due by 10/17/2022. Fact Discovery due by 10/17/2022. The deadlines in 8(b) through 8(f) may be set by the written consent of the parties, without application to the Court, so long as all fact discovery is completed by October 17, 2022. Expert Discovery due by 2/7/2023. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is eight (8) trial days. Telephone Conference set for 3/1/2022 at 04:10 PM before Judge Lorna G. Schofield. A party wishing to file a summary judgment or other dispositive motion shall file a pre-motion letter at least two weeks before the conference and in the form provided in the Court's Individual Rule III.A.1. Any party wishing to oppose shall file a responsive letter as provided in the same Individual Rule. The motion will be discussed at the conference. To join the conference, the parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. The Clerk of Court is directed to enter the dates under paragraphs 5, 6, 8(a), 9(b)-(c) and 13(a)-(c) into the Court's calendar. (Signed by Judge Lorna G. Schofield on 4/15/2022) (mml)
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Filing 38
ORDER: It is hereby ORDERED that, by April 28, 2022, Plaintiff shall file any opposition, not to exceed ten pages. No reply will be accepted absent leave of court. Responses due by 4/28/2022. (Signed by Judge Lorna G. Schofield on 4/15/2022) (mml)
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Filing 37
MEMORANDUM OF LAW in Support re: #36 MOTION for Reconsideration re; #32 Memorandum & Opinion,,, . MOTION for Reargument re: #32 Memorandum & Opinion,,, . . Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 36
MOTION for Reconsideration re; #32 Memorandum & Opinion,,, ., MOTION for Reargument re: #32 Memorandum & Opinion,,, . Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 35
PROPOSED CASE MANAGEMENT PLAN. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 34
MEMO ENDORSEMENT on MOTION FOR EXTENSION OF TIME TO ANSWER: granting #33 Motion for Extension of Time to Answer re #33 MOTION for Extension of Time to File Answer re: #1 Complaint (on consent)ENDORSEMENT: Application GRANTED. By May 5, 2022, Defendant shall answer the complaint. The parties are advised that the deadline to file a revised case management plan remains April 14, 2022. Real Estate Board of New York, Inc. answer due 5/5/2022. (Signed by Judge Lorna G. Schofield on 4/13/2022) (ama)
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NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge Alvin K. Hellerstein is no longer assigned to the case. (laq)
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Filing 33
MOTION for Extension of Time to File Answer re: #1 Complaint (on consent). Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Alison J. Nathan is no longer assigned to the case. (vba)
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Filing 32
OPINION & ORDER re: #13 MOTION to Dismiss /Notice of Motion to Dismiss for failure to state a claim under FRCP 12(b)(6) and for lack of subject matter jurisdiction under FRCP 12(b)(1). filed by Real Estate Board of New York, Inc. For the above reasons, the Court GRANTS IN PART and DENIES IN PART Defendant's motion to dismiss. The Court dismisses the claim for tortious interference with prospective economic advantage, and denies the motion to dismiss the claims under the Sherman Act and Donnelly Act. The parties are ORDERED to submit a revised case management plan within two weeks of the date of this Opinion & Order. This resolves docket number 13. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/31/2022) (vfr)
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Filing 31
MEMO ENDORSEMENT on re: #30 Letter, filed by Real Estate Board of New York, Inc. ENDORSEMENT: The Court thanks Defendant for its letter. The Court will address the pending motion in due course. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/5/2021) (vfr)
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Filing 30
LETTER addressed to Judge Alison J. Nathan from Claude G. Szyfer dated November 2, 2021 re: notification of Motion to Dismiss pursuant to Rule 3(H) of the Individual Practices of the Hon. Alison J. Nathan. Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 29
REPLY MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss /Notice of Motion to Dismiss for failure to state a claim under FRCP 12(b)(6) and for lack of subject matter jurisdiction under FRCP 12(b)(1).. . Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 28
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/25/21 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)
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Filing 27
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/25/2021 before Judge Alison J. Nathan. Court Reporter/Transcriber: Rose Prater, (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 8/12/2021. Redacted Transcript Deadline set for 8/23/2021. Release of Transcript Restriction set for 10/20/2021..(McGuirk, Kelly)
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Filing 26
LETTER addressed to Judge Alison J. Nathan from Chahira Solh dated July 2, 2021 re: Requesting Oral Argument on Real Estate Board of New York, Inc.'s Motion to Dismiss. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 25
MEMORANDUM OF LAW in Opposition re: #13 MOTION to Dismiss /Notice of Motion to Dismiss for failure to state a claim under FRCP 12(b)(6) and for lack of subject matter jurisdiction under FRCP 12(b)(1).. . Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 24
ORDER granting #21 Motion for Diane Shrewsbury to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Minute Entry for proceedings held before Judge Alison J. Nathan: Initial Pretrial Conference held on 6/25/2021. See Order. (Court Reporter Rose Prater) (kwi)
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Filing 23
MEMO ENDORSEMENT on re: #22 Letter, filed by Compass, Inc., Compass RE NY, LLC. ENDORSEMENT: The Court will hold the initial pretrial conference by phone as scheduled and will address the request to stay discovery at the conference. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/22/2021) (vfr)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Diane Shrewsbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24687374. 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 22
JOINT LETTER addressed to Judge Alison J. Nathan from Chahira Solh and Claude G. Szyfer dated June 17, 2021 re: Rule 16 Initial Pretrial Conference. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Proposed Case Management Plan and Scheduling Order).(Solh, Chahira)
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Filing 21
MOTION for Diane Shrewsbury to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24687374. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Affidavit of Diane Shrewsbury in support of Motion for Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order (Proposed) Order Granting Motion for Admission Pro Hac Vice).(Shrewsbury, Diane)
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Filing 20
ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. Per the Court's notice of initial pretrial conference, the parties shall submit their proposed case management plan and joint letter no later than seven days prior to the scheduled conference. In the joint letter, the parties should advise the Court if they can do without a conference altogether. If so, the Court may enter a case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone. The parties and members of the public may access the proceeding by dialing (888) 363-4749 and entering access code 919-6964. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison- j-nathan.SO ORDERED. (Signed by Judge Alison J. Nathan on 6/15/2021) (vfr)
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Filing 19
LETTER addressed to Judge Alison J. Nathan from Chahira Solh dated June 1, 2021 re: Notifying Court of Intent to Oppose Motion to Dismiss. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 18
ORDER: On May 18, 2021, the Defendant filed a motion to dismiss. Pursuant to Rule 3.F. of this Court's Individual Practices in Civil Cases, on or before June 1, 2021, the Plaintiffs must notify the Court and their adversary in writing whether (1) they intend to file an amended pleading and when they will do so or (2) they will rely on the pleading being attacked. The Plaintiffs are on notice that declining to amend their pleadings to timely respond to a fully briefed argument in the Defendant's motion to dismiss may constitute a waiver of the Plaintiffs' right to use the amendment process to cure any defects that have been made apparent by the Defendant's briefing. See Loreley Fin. (Jersey) No. 3 Ltd. v. Wells Fargo Sec., LLC., 797 F.3d 160, 190 (2d Cir. 2015) (leaving unaltered the grounds on which denial of leave to amend has long been held proper, such as undue delay, bad faith, dilatory motive, and futility). If the Plaintiffs choose to amend, the Defendant may then (a) file an answer; (b) file a new motion to dismiss; or (c) submit a letter stating that it will rely on the initially filed motion to dismiss. Nothing in this Order alters the time to amend, answer or move provided by the Federal Rules of Civil Procedure or Local Rules. (Signed by Judge Alison J. Nathan on 5/20/2021) (nb)
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Filing 17
LETTER addressed to Judge Alison J. Nathan from Claude G. Szyfer dated May 18, 2021 re: Requesting Oral Argument on Motion to Dismiss. Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 16
NOTICE OF APPEARANCE by Patrick Nicholas Petrocelli on behalf of Real Estate Board of New York, Inc...(Petrocelli, Patrick)
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Filing 15
DECLARATION of Claude G. Szyfer in Support re: #13 MOTION to Dismiss /Notice of Motion to Dismiss for failure to state a claim under FRCP 12(b)(6) and for lack of subject matter jurisdiction under FRCP 12(b)(1)... Document filed by Real Estate Board of New York, Inc.. (Attachments: #1 Exhibit 1 - Defendants' Answer to Plaintiffs' Second Amended Complaint, Defenses, Counterclaims, and Third-Party Complaint, #2 Exhibit 2 - Memorandum of Law in Support of Defendants' Motion to Compel Arbitration and Stay, #3 Exhibit 3 - Memorandum of Law in Support of Defendants' Motion to Compel Arbitration and Stay Proceedings, #4 Exhibit 4 - Brief for Defendants-Appellants).(Szyfer, Claude)
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Filing 14
MEMORANDUM OF LAW in Support re: #13 MOTION to Dismiss /Notice of Motion to Dismiss for failure to state a claim under FRCP 12(b)(6) and for lack of subject matter jurisdiction under FRCP 12(b)(1).. . Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 13
MOTION to Dismiss /Notice of Motion to Dismiss for failure to state a claim under FRCP 12(b)(6) and for lack of subject matter jurisdiction under FRCP 12(b)(1).. Document filed by Real Estate Board of New York, Inc...(Szyfer, Claude)
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Filing 12
ORDER granting #11 JOINT LETTER MOTION to Continue Initial Case Management Conference and Set Motion to Dismiss Briefing Schedule addressed to Judge Alison J. Nathan from Chahira Solh dated 05/11/2021. Document filed by Compass RE NY, LLC, Compass, Inc. The initial pretrial conference scheduled for May 28, 2021, is adjourned to June 25, 2021, at 3:15 p.m. The Court adopts the parties' proposed briefing schedule for the anticipated motion to dismiss. SO ORDERED. (Motions due by 5/18/2021. Responses due by 7/2/2021. Replies due by 7/30/2021. Initial Conference set for 6/25/2021 at 03:15 PM before Judge Alison J. Nathan). (Signed by Judge Alison J. Nathan on 5/11/2021) (rjm)
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Filing 11
JOINT LETTER MOTION to Continue Initial Case Management Conference and Set Motion to Dismiss Briefing Schedule addressed to Judge Alison J. Nathan from Chahira Solh dated 05/11/2021. Document filed by Compass RE NY, LLC, Compass, Inc...(Solh, Chahira)
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Filing 10
WAIVER OF SERVICE RETURNED EXECUTED. Real Estate Board of New York, Inc. waiver sent on 3/19/2021, answer due 5/18/2021. Document filed by Compass, Inc.; Compass RE NY, LLC..(Solh, Chahira)
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Filing 9
ORDER granting #7 Motion for Chahira Solh to Appear Pro Hac Vice (HEREBY ORDERED by Judge Alison J. Nathan)(Text Only Order) (kwi)
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Filing 8
NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 5/28/2021 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/17/2021) (jca)
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Filing 7
MOTION for Chahira Solh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24252770. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Compass RE NY, LLC, Compass, Inc.. (Attachments: #1 Affidavit of Chahira Solh, #2 Exhibit Certificate of Good Standing of Chahira Solh, #3 Text of Proposed Order).(Solh, Chahira)
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Filing 6
ELECTRONIC SUMMONS ISSUED as to Real Estate Board of New York, Inc...(pc)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Chahira Solh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24252770. 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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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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc)
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Case Designated ECF. (pc)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Real Estate Board of New York, Inc., re: #1 Complaint. Document filed by Compass RE NY, LLC, Compass, Inc...(McGorty, Glen)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Compass, Inc. for Compass RE NY, LLC. Document filed by Compass RE NY, LLC..(McGorty, Glen)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent SoftBank Group Corp., Corporate Parent SVF Excalibur (Cayman) Limited for Compass, Inc.. Document filed by Compass, Inc...(McGorty, Glen)
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Filing 2
CIVIL COVER SHEET filed..(McGorty, Glen)
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Filing 1
COMPLAINT against Real Estate Board of New York, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-24245470)Document filed by Compass, Inc., Compass RE NY, LLC..(McGorty, Glen)
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