Friel v. Dapper Labs, Inc. et al
| Jeeun Friel and John Austin |
| Dapper Labs, Inc. and Roham Gharegozlou |
| Gary Leuis |
| 1:2021cv05837 |
| July 7, 2021 |
| US District Court for the Southern District of New York |
| Victor Marrero |
| Contract: Other |
| 15 U.S.C. § 77 Securities Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 4, 2024. A more recent docket listing may be available from PACER.
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Set/Reset Deadlines: Expert Discovery due by 10/21/2024. (jca)
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Filing 51
CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Scheduling Order and Case Management Plan is adopted in accordance with Fed. R. Civ. P. 16-26(f). This case is to be tried to a jury. No additional parties to be joined without leave of the Court. No further amended pleadings may be filed without leave of the Court. Depositions to be completed by June 17, 2024. Plaintiffs: Motion for class certification due January 17, 2024. Motions due by 11/19/2024. Responses due by 12/23/2024 Replies due by 1/23/2025. Deposition due by 10/21/2024. Fact Discovery due by 6/17/2024. Case Management Conference set for 8/4/2023 at 11:00 AM before Judge Victor Marrero. (And as further set forth herein.) SO ORDERED. (Signed by Judge Victor Marrero on 4/18/2023) (jca)
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Filing 50
JOINT LETTER addressed to Judge Victor Marrero from Phillip Kim and Kenneth P. Herzinger dated 4/17/23 re: Case and Case History. Document filed by John Austin, Gary Leuis. (Attachments: #1 Text of Proposed Order re Case Management and Scheduling).(Kim, Phillip)
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Filing 49
ORDER FOR WITHDRAWAL OF ABIGAIL H. WALD AS COUNSEL OF RECORD, SO ORDERED. (Attorney Abigail Wald terminated.) (Signed by Judge Victor Marrero on 3/24/23) (yv)
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Filing 48
ORDER FOR WITHDRAWAL OF ZACHARY ZWILLINGER AS COUNSEL OF RECORD. SO ORDERED., (Attorney Zachary Zwillinger terminated.) (Signed by Judge Victor Marrero on 3/24/23) (yv)
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Filing 47
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Dapper Labs, Inc., Roham Gharegozlou..(Wald, Abigail)
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Filing 46
PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Dapper Labs, Inc., Roham Gharegozlou..(Zwillinger, Zachary)
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Filing 45
ORDER It is hereby ordered that the parties submit a joint letter, within thirty (30) days of the date of this Order, addressing the following in separate paragraphs: (1) a brief description of the case, including the key factual and legal issues for which discovery is required; (2) any contemplated motions; (3) the prospect for settlement; and (4) whether the parties consent to proceed for all purposes before the Magistrate Judge designated for this action. The parties are also directed to submit a completed Case Management Plan that provides that discovery is to be completed within four months unless otherwise permitted by the Court. A model Case Management Plan is available on the Court's website: https://nysd.uscourts.gov/hon-victormarrero. SO ORDERED. (Signed by Judge Victor Marrero on 3/16/2023) (jca)
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Filing 44
ANSWER to #27 Amended Complaint. Document filed by Dapper Labs, Inc., Roham Gharegozlou..(Herzinger, Kenneth)
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Filing 43
DECISION AND ORDER denying #37 Motion to Dismiss. For the reasons discussed above, it is hereby ORDERED that the motion (Dkt. No. 37) of Dapper Labs Inc. and Roham Gharegozlou (together, "Defendants") to dismiss Plaintiffs' Amended Complaint pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure is DENIED. Defendants are directed to Answer within twenty-one (21) days of the date of this Order. SO ORDERED. (Signed by Judge Victor Marrero on 2/22/2023) (jca)
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Filing 42
REPLY MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss . . Document filed by Dapper Labs, Inc., Roham Gharegozlou..(Herzinger, Kenneth)
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Filing 41
MEMORANDUM OF LAW in Opposition re: #37 MOTION to Dismiss . . Document filed by John Austin, Gary Leuis..(Kim, Phillip)
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Filing 40
DECLARATION of Erin Zatlin in Support re: #37 MOTION to Dismiss .. Document filed by Dapper Labs, Inc.. (Attachments: #1 Exhibit Exhibit 1 - Verge Article, #2 Exhibit Exhibit 2 - Sports Illustrated, #3 Exhibit Exhibit 3 - New York Times, #4 Exhibit Exhibit 4 - Yahoo, #5 Exhibit Exhibit 5 - Leuis PSLRA, #6 Exhibit Exhibit 6 - Austin PSLRA, #7 Exhibit Exhibit 7 - NBA Top Shot Terms of Service).(Zatlin, Erin)
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Filing 39
MEMORANDUM OF LAW in Support re: #37 MOTION to Dismiss . . Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 38
NOTICE of Defendants' Request for Judicial Notice re: #37 MOTION to Dismiss .. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 37
MOTION to Dismiss . Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Erin Zatlin to RE-FILE Document #36 MOTION to Dismiss Notice of Motion.. ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents; Memorandum of Law In Support of Motion and Declaration in Support of Motion found under the Event List. Use Notice (Other) from the event list found under the event type Other Document. (kj)
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Filing 36
FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION to Dismiss Notice of Motion. Document filed by Dapper Labs, Inc.. (Attachments: #1 Supplement Memorandum of Law In Support of Defendants' Motion to Dismiss, #2 Supplement Request for Judicial Notice In Support Of Defendants' Motion to Dismiss, #3 Exhibit Declaration of E. Zatlin In Support of Defendants' Request for Judicial Notice, #4 Exhibit Exhibit 1 - Verge Article, #5 Exhibit Exhibit 2 - Sports Illustrated, #6 Exhibit Exhibit 3 - New York Times, #7 Exhibit Exhibit 4 - Yahoo, #8 Exhibit Exhibit 5 - Leuis PSLRA, #9 Exhibit Exhibit 6 - Austin PSLRA, #10 Exhibit Exhibit 7 - NBA Top Shot Terms of Service).(Zatlin, Erin) Modified on 8/31/2022 (kj).
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Filing 35
MEMO ENDORSEMENT on re: #34 Letter, filed by Dapper Labs, Inc. ENDORSEMENT: The Court adopts the parties' proposed briefing schedule. The Defendants' motion to dismiss is due by August 30, 2022; the Plaintiffs' opposition is due by October 31, 2022; and the Defendants' reply is due by November 30, 2022. The Court modifies the parties' proposed pagination for their briefs. The memoranda of law in support of and in opposition to the motion shall not exceed 30 pages, and the reply in support of the motion shall not exceed 12 pages. SO ORDERED. ( Motions due by 8/30/2022., Responses due by 10/31/2022, Replies due by 11/30/2022.) (Signed by Judge Victor Marrero on 7/5/2022) (jca)
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Filing 34
JOINT LETTER addressed to Judge Victor Marrero from Kenneth P. Herzinger and Phillip Kim dated 07/01/2022 re: Your Honors June 24, 2022 Order (Dkt No. 33) directing the parties to submit a proposed briefing schedule for the motion to dismiss. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 33
ORDER: IT IS HEREBY ORDERED, Defendants' request for a pre-motion conference (Dkt No. 32) is DENIED, and the parties are directed to submit to the Court, by July 1, 2022, a proposed briefing schedule for the motion to dismiss. SO ORDERED. (Signed by Judge Victor Marrero on 6/24/2022) (ama) (Main Document 33 replaced on 6/27/2022) (va).
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Filing 32
LETTER addressed to Judge Victor Marrero from Kenneth P. Herzinger dated February 22, 2022 re: pursuant to Section II.B.2 of Honorable Victor Marrero's Individual Practices requesting conference on proposed motion to dismiss. Document filed by Dapper Labs, Inc.. (Attachments: #1 Exhibit 1 - January 27, 2022 Letter from K. Herzinger to P. Kim, #2 Exhibit 2 - February 3, 2022 Letter from P. Kim to K. Herzinger).(Herzinger, Kenneth)
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Filing 31
LETTER addressed to Judge Victor Marrero from Phillip Kim dated 02/03/2022 re: Letter from Phillip Kim to Kenneth P. Herzinger dated 02/03/2022 pursuant to Section II.B.1 of the Honorable Victor Marrero's Individual Practices regarding Mr. Herzinger's 01/27/2022 letter. Document filed by John Austin, Gary Leuis..(Kim, Phillip)
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Filing 30
LETTER addressed to Judge Victor Marrero from Kenneth P. Herzinger dated 01/27/2022 re: Letter from Kenneth P. Herzinger to Phillip Kim dated 1/27/2022 pursuant to Section II.B.1 of the Honorable Victor Marrero's Individual Practices regarding proposed Motion to Dismiss. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 29
ELECTRONIC SUMMONS ISSUED as to Roham Gharegozlou. (vf)
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Filing 28
REQUEST FOR ISSUANCE OF SUMMONS as to Roham Gharegozlou, re: #27 Amended Complaint. Document filed by John Austin, Gary Leuis..(Kim, Phillip)
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Filing 27
AMENDED COMPLAINT against Dapper Labs, Inc., Roham Gharegozlou with JURY DEMAND.Document filed by Gary Leuis, John Austin. (Attachments: #1 Austin PSLRA Certification).(Kim, Phillip)
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Filing 26
ORDER granting #25 Letter Motion for Extension of Time to Amend #25 JOINT LETTER MOTION for Extension of Time to Amend Complaint and Respond to Amended Complaint addressed to Judge Victor Marrero from Phillip Kim and Kenneth P. Herzinger dated October 20, 2021. Request GRANTED. The scheduled is modified as requested above. SO ORDERED. Amended Pleadings due by 12/27/2021.. (Signed by Judge Victor Marrero on 10/22/2021) (kv)
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Filing 25
JOINT LETTER MOTION for Extension of Time to Amend Complaint and Respond to Amended Complaint addressed to Judge Victor Marrero from Phillip Kim and Kenneth P. Herzinger dated October 20, 2021. Document filed by Gary Leuis..(Kim, Phillip)
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Filing 24
NOTICE OF APPEARANCE by Michael Alex Cohen on behalf of Gary Leuis..(Cohen, Michael)
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Filing 23
ORDER APPOINTING LEAD PLAINTIFF, AND APPROVING LEAD PLAINTIFF'S SELECTION OF COUNSEL: IT IS HEREBY ORDERED THAT:APPOINTMENT OF LEAD PLAINTIFF AND LEAD COUNSEL Pursuant to Section 27 of the Securities Act of 1933, Movant is appointed as Lead Plaintiff for the class as it has the largest financial interest in this litigation and otherwise satisfies the requirements of Fed. R. Civ. P. 23. Movant's choice of counsel is approved and accordingly, The Rosen Law Firm, P.A. is appointed as Lead Counsel. Lead Counsel, after being appointed by the Court, shall manage the prosecution of this litigation. Lead Counsel is to avoid duplicative or unproductive activities and is hereby vested by the Court with the responsibilities that include, without limitation, the following: to prepare all pleadings; to direct and coordinate the briefing and arguing of motions in accordance with the schedules set by the orders and rules of this Court; to initiate and direct discovery; prepare the case for trial; and to engage in settlement negotiations on behalf of Lead Plaintiff and the Class. So Ordered. (Signed by Judge Victor Marrero on 10/8/2021) (js) Modified on 10/14/2021 (js).
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***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #21 Proposed Order was reviewed and approved as to form. (km)
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Filing 22
MEMORANDUM OF LAW in Support re: #20 MOTION to Appoint Gary Leuis to serve as lead plaintiff(s) . MOTION to Appoint Counsel The Rosen Law Firm, P.A. . Document filed by Gary Leuis. (Attachments: #1 Exhibit 1 - PSLRA Early Notice, #2 Exhibit 2 - PSLRA Certification, #3 Exhibit 3 - Loss Chart, #4 Exhibit 4 - Firm Resume).(Kim, Phillip)
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Filing 21
PROPOSED ORDER. Document filed by Gary Leuis. Related Document Number: #20 ..(Kim, Phillip) Proposed Order to be reviewed by Clerk's Office staff.
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Filing 20
MOTION to Appoint Gary Leuis to serve as lead plaintiff(s) ., MOTION to Appoint Counsel The Rosen Law Firm, P.A. Document filed by Gary Leuis..(Kim, Phillip)
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Filing 19
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF ABIGAIL HEATHER WALD granting #15 Motion for Abigail Heather Wald to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case 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 Victor Marrero on 9/1/2021) (rj)
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Filing 18
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF SEAN DAVID UNGER granting #14 Motion for Sean David Unger to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case 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 Victor Marrero on 9/1/2021) (rj)
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Filing 17
ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE OF ERIN LOUISE LEE ZATLIN granting #16 Motion for Erin Louise Lee Zatlin to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case 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 Victor Marrero on 9/1/2021) (rj)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #14 MOTION for Sean David Unger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24975119. Motion and supporting papers to be reviewed by Clerk's Office staff., #16 MOTION for Erin Louise Lee Zatlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24975262. Motion and supporting papers to be reviewed by Clerk's Office staff., #15 MOTION for Abigail Heather Wald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24975202. 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 16
MOTION for Erin Louise Lee Zatlin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24975262. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dapper Labs, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Zatlin, Erin)
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Filing 15
MOTION for Abigail Heather Wald to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24975202. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dapper Labs, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Wald, Abigail)
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Filing 14
MOTION for Sean David Unger to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24975119. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dapper Labs, Inc.. (Attachments: #1 Affidavit in Support of Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Unger, Sean)
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Filing 13
SCHEDULING ORDER: (Signed by Judge Victor Marrero on 8/15/2021)
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Filing 12
CERTIFICATE OF SERVICE of Second Letter Motion for Extension of Time served on Plaintiff Jeeun Friel on 08/11/2021. Service was made by Mail. Document filed by Dapper Labs, Inc...(Zwillinger, Zachary)
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Filing 11
SECOND LETTER MOTION for Extension of Time to File Response/Reply to Plaintiff Jeeun Friel's Complaint addressed to Judge Victor Marrero from Kenneth P. Herzinger dated 08/11/2021. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 10
CERTIFICATE OF SERVICE of Letter Motion for Extension of Time served on Plaintiff Jeeun Friel on 07/13/2021. Service was made by Mail. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 9
ORDER granting #8 Letter Motion for Extension of Time. Request GRANTED. Defendant's request for an extension of time to respond to the Complaint is hereby granted. Defendant's response is due August 13, 2021. SO ORDERED. (Signed by Judge Victor Marrero on 7/13/2021) (ate)
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Set/Reset Deadlines: Dapper Labs, Inc. answer due 8/13/2021. (ate)
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Filing 8
LETTER MOTION for Extension of Time to Respond to Plaintiff Jeeun Friel's Complaint addressed to Judge Victor Marrero from Kenneth P. Herzinger dated 07/12/2021. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Victor Marrero. 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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Magistrate Judge Ona T. Wang 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 Designated ECF. (pc)
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Filing 7
NOTICE OF APPEARANCE by Zachary Zwillinger on behalf of Dapper Labs, Inc...(Zwillinger, Zachary)
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Filing 6
CERTIFICATE OF SERVICE of Notice of Removal served on Phillip Kim, Laurence M. Rosen, Michael Cohen on July 7, 2021. Service was made by Mail. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 5
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 4
NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 653134/2021. (Filing Fee $ 402.00, Receipt Number ANYSDC-24764855).Document filed by Dapper Labs, Inc.. (Attachments: #1 Exhibit A- Summons and Complaint).(Herzinger, Kenneth)
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Filing 3
NOTICE OF APPEARANCE by Kenneth Patrick Herzinger on behalf of Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 2
NOTICE OF APPEARANCE by Kenneth Patrick Herzinger on behalf of Dapper Labs, Inc...(Herzinger, Kenneth)
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Filing 1
CIVIL COVER SHEET filed..(Herzinger, Kenneth)
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