ZURU Inc. et al v. The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto
| ZURU Inc. and Antsy Labs, LLC |
| The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto, Charmy Charly and Tomly |
| 1:2021cv06635 |
| August 5, 2021 |
| US District Court for the Southern District of New York |
| P Kevin Castel |
| Copyright |
| 17 U.S.C. § 101 |
| None |
Docket Report
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Filing 39
PLAINTIFF NOTICE OF VOLUNTARY DISMISSAL OF CERTAIN DEFENDANTS: PLEASE TAKE NOTICE that, pursuant to Fed. R. Civ. Pro. 41(a)(1)(i), Plaintiffs ANTSY LABS, LLC and ZURU INC. (collectively "Plaintiffs") voluntarily dismiss the following Defendants listed on Schedule A to the Complaint without prejudice: As set forth herein. GRANTED. SO ORDERED., Charmy Charly and Tomly terminated. (Signed by Judge P. Kevin Castel on 10/01/2021) (ama)
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| Filing 38 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, against the defendant(s) Charmy Charly, Tomly. Document filed by ZURU Inc., Antsy Labs, LLC. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)...(Holland, Andrew) |
| ***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. #38 Notice of Voluntary Dismissal was reviewed and referred to Judge P. Kevin Castel 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. (km) |
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Filing 37
ORDER: granting #36 Letter Motion for Extension of Time to File Response/Reply re #36 SECOND LETTER MOTION for Extension of Time to File Response/Reply. addressed to Judge P. Kevin Castel from Wei Zhang dated September 22, 2021. Revised Schedule approved. SO ORDERED. Replies due by 10/18/2021. (Signed by Judge P. Kevin Castel on 9/22/2021) (ama)
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| Filing 36 SECOND LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge P. Kevin Castel from Wei Zhang dated September 22, 2021. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto..(Zhang, Wei) |
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Filing 35
ORDER: granting #33 Letter Motion for Extension of Time to File Response/Reply re #33 LETTER MOTION for Extension of Time to File Response/Reply. addressed to Judge P. Kevin Castel from Wei Zhang dated September 13, 2021. Application Granted. SO ORDERED. Responses due by 9/24/2021 Replies due by 10/1/2021. (Signed by Judge P. Kevin Castel on 9/13/2021) (ama)
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| Filing 34 SUMMONS RETURNED EXECUTED. All Defendants. Document filed by ZURU Inc., Antsy Labs, LLC..(Holland, Andrew) |
| Filing 33 LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge P. Kevin Castel from Wei Zhang dated September 13, 2021. Document filed by The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto..(Zhang, Wei) |
| Filing 32 NOTICE OF APPEARANCE by Wei Zhang on behalf of The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto..(Zhang, Wei) |
| Filing 31 DECLARATION of Andrew Holland Supplemental Declaration in response to the Court's Order (Dkt. No. 30). Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Holland, Andrew) |
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Filing 30
ORDER: terminating #9 Letter Motion to Seal. The defendants identified at numbers 10, 13, 14, 24, 35, 44, 57, 75, 93, 101, 107, 109, 116, and 119 of Schedule A to the Complaint shall respond to the memorandum in support of a preliminary injunction by September 14, 2021. Plaintiffs may reply by September 21, 2021. Plaintiff shall submit a supplemental affidavit outlining the sufficiency of service of process on all defendants by September 2, 2021. The Temporary Restraining Order is extended as to all defendants through the determination of the entry of a preliminary injunction. The Clerk is directed to terminate docket entry 9 and unseal docket entries 10 and 11 so that they may be viewed publicly. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/31/2021) (ama)
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| Filing 29 ELECTRONIC SUMMONS ISSUED as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto..(pc) |
| Minute Entry for proceedings held before Judge P. Kevin Castel: Show Cause Hearing held on 8/31/2021. The Temporary Restraining Order is extended as to all defendants through the determination of the entry of a preliminary injunction. (See Order filed 8/31/2021). (Court Reporter Sam Mauro) (Nacanther, Florence) |
| Set/Reset Deadlines: Responses due by 9/14/2021 Replies due by 9/21/2021. (ama) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #28 Proposed Order was reviewed and approved as to form. (km) |
| Filing 28 PROPOSED ORDER. Document filed by Antsy Labs, LLC, ZURU Inc.. Related Document Number: #14 ..(Yellin, Michael) Proposed Order to be reviewed by Clerk's Office staff. |
| Filing 27 DECLARATION of Michael R. Yellin in Support re: #14 Order to Show Cause,,,, Set Deadlines/Hearings,,,. Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) |
| Filing 26 REPLY MEMORANDUM OF LAW re: #14 Order to Show Cause,,,, Set Deadlines/Hearings,,, . Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) |
| Filing 25 REQUEST FOR ISSUANCE OF SUMMONS as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, re: #1 Complaint,. Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) |
| Filing 24 MEMO ENDORSEMENT on re: #23 Letter filed by ZURU Inc., Antsy Labs, LLC. ENDORSEMENT: Plaintiffs counsel wishes to waive physical appearance at the preliminary injunction hearing that counsel requested. The hearing will proceed as scheduled in Courtroom 11D. Plaintiffs counsel may appear telephonically. Dial in: 888-363-4749. Access Code: 3667981. (Signed by Judge P. Kevin Castel on 8/26/2021) (ate) |
| Filing 23 LETTER addressed to Judge P. Kevin Castel from Andrew P. Holland dated August 26, 2021 re: Hearing on August 31, 2021. Document filed by Antsy Labs, LLC, ZURU Inc...(Holland, Andrew) |
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Filing 22
ORDER granting #21 Motion for Harry J. Moren to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #21 MOTION for Harry J. Moren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24967916. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu) |
| Filing 21 MOTION for Harry J. Moren to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24967916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Moren, Harry) |
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Filing 20
ORDER granting #19 Motion for Andrew P. Holland to Appear Pro Hac Vice (HEREBY ORDERED by Judge P. Kevin Castel)(Text Only Order) (Nacanther, Florence)
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| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #19 MOTION for Andrew P. Holland 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. (wb) |
| Filing 19 MOTION for Andrew P. Holland to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Holland, Andrew) |
| Filing 18 FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - (SEE #19) MOTION for Andrew P. Holland to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24931581. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Holland, Andrew) Modified on 8/13/2021 (kj). |
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Filing 17
ORDER: granting #16 Letter Motion to Continue. The TRO is extended through the August 31, 2021 hearing date without prejudice to the right of any person to seek modification or vacatur of this Order. SO ORDERED. (Signed by Judge P. Kevin Castel on 8/11/2021) (ama)
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| Filing 16 LETTER MOTION to Continue Temporary Restraints Until Hearing Date addressed to Judge P. Kevin Castel from Michael R Yellin dated August 11, 2021. Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Michael R. Yellin to RE-FILE Document No. #15 Request for Issuance of Summons. The filing is deficient for the following reason(s): the Request for Issuance of Summons cannot be issued for the party requested because it does not identify the party subject to service. Pursuant to FRCP Rule 4(a)(1)(A) and FRCP Rule 4(a)(1)(B) : a summons must name the parties and be directed to the defendant. Once the party has been identified, the filing party may request a summons at that time;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) |
| Filing 15 FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A to the Complaint, re: #1 Complaint,. Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) Modified on 8/11/2021 (jgo). |
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Filing 14
ORDER TO SHOW CAUSE FOR PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER: IT IS FURTHER ORDERED that a hearing shall be held on August 31, 2021 at 1:00p.m. which Plaintiffs may present their arguments in support of their request for issuance of a preliminary injunction. At such time, any Defendants may also be heard as to opposition to Plaintiffs' Application.IT IS FURTHER ORDERED that opposing papers, if any, shall be filed and served on or before August 23, 2021. This Temporary Restraining Order without notice is entered at 2:00 p.m. on August 6, 2021, and shall remain in effect for fourteen (14) days. And as set forth herein. SO ORDERED. Show Cause Hearing set for 8/31/2021 at 01:00 PM before Judge P. Kevin Castel. Show Cause Response due by 8/23/2021. (Signed by Judge P. Kevin Castel on 8/06/2021) (ama)
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| Filing 13 AO 121 FORM COPYRIGHT - CASE OPENING - SUBMITTED. In compliance with the provisions of 17 U.S.C. 508, the Register of Copyrights is hereby advised that a court action has been filed on the following copyright(s) in the U.S. District Court Southern District of New York. Form e-mailed to Register of Copyrights. (vf) |
| Filing 12 MOTION for Leave to File Excess Pages . Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Exhibit A (Memo of Law), #2 Text of Proposed Order).(Yellin, Michael) |
| Filing 11 ***EX-PARTE***REDACTION to #7 Declaration in Support, Exhibit 2 by Antsy Labs, LLC, ZURU Inc. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement)Motion or Order to File Under Seal: #9 .(Yellin, Michael) |
| Filing 10 ***EX-PARTE***REDACTION to #1 Complaint, Schedule A by Antsy Labs, LLC, ZURU Inc.Motion or Order to File Under Seal: #9 .(Yellin, Michael) |
| Filing 9 MOTION to Seal Schedule A to Complaint and Exhibit 2 to Drysdale Declaration. Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) |
| Filing 8 DECLARATION of Michael R. Yellin re: #5 Proposed Order to Show Cause With Emergency Relief, . Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Exhibit 1 (January 2011 Mark Monitor report), #2 Exhibit 2 (IP Rights Seizures Statistics Report), #3 Exhibit 3 (BASCAP Report), #4 Exhibit 4 (ICANN Registrar Accreditation Agreement), #5 Exhibit 5 (Hague Convention on Service Abroad), #6 Exhibit 6 (Translation of Civil Procedure Law of the People's Republic of China)).(Yellin, Michael) |
| Filing 7 DECLARATION of Stephen Drysdale in Support re: #5 Proposed Order to Show Cause With Emergency Relief,. Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Exhibit 1 (Copyright Registration), #2 Exhibit 2 (Screenshot Printouts - Redacted)).(Yellin, Michael) |
| Filing 6 MEMORANDUM OF LAW in Support re: #5 Proposed Order to Show Cause With Emergency Relief, . Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) |
| Filing 5 PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Antsy Labs, LLC, ZURU Inc.. (Attachments: #1 Exhibit Schedule A) Related Document Number: #1 ..(Yellin, Michael) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 4 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Antsy Labs, LLC, ZURU Inc...(Yellin, Michael) |
| Filing 3 CIVIL COVER SHEET filed..(Yellin, Michael) |
| Filing 2 AO 121 FORM COPYRIGHT - NOTICE OF SUBMISSION BY ATTORNEY. AO 121 Form Copyright for case opening submitted to court for review..(Yellin, Michael) |
| Filing 1 COMPLAINT against The Individuals, Corporations, Limited Liability Companies, Partnerships, and Unincorporated Associations Identified on Schedule A hereto. (Filing Fee $ 402.00, Receipt Number ANYSDC-24894835)Document filed by ZURU Inc., Antsy Labs, LLC. (Attachments: #1 Exhibit 1 (Copyright Registration), #2 Exhibit Schedule A).(Yellin, Michael) |
| Magistrate Judge Kevin Nathaniel Fox 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. (vf) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT COPYRIGHT FORM. Notice to Attorney Michael R. Yellin re: Document No. #2 AO 121 Form Copyright - Notice of Submission by Attorney. The filing is deficient for the following reason(s): the Docket Number field on the AO 121 Copyright form was not completed by the attorney. Do not re-file the form. The Court has corrected the deficiency/deficiencies. (vf) |
| Case Designated ECF. (vf) |
| ***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) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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..(vf) |
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