Beijing Neu Cloud Oriental System Technology Co., Ltd. v. International Business Machines Corporation et al
| Beijing Neu Cloud Oriental System Technology Co., Ltd. |
| International Business Machines Corporation, IBM World Trade Corporation and IBM China Company Limited |
| 1:2021cv07589 |
| September 10, 2021 |
| US District Court for the Southern District of New York |
| Alvin K Hellerstein |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 9, 2022. A more recent docket listing may be available from PACER.
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Filing 53
NOTICE OF APPEAL from #51 Order on Motion to Dismiss,, #52 Clerk's Judgment,,,. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd.. Filing fee $ 505.00, receipt number ANYSDC-27067205. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Hnath, Gary)
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Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #53 Notice of Appeal. (tp)
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Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #53 Notice of Appeal, filed by Beijing Neu Cloud Oriental System Technology Co., Ltd. were transmitted to the U.S. Court of Appeals. (tp)
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Filing 52
CLERK'S JUDGMENT re: #51 Order on Motion to Dismiss. in favor of IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation against Beijing Neu Cloud Oriental System Technology Co., Ltd. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 09, 2022, the motion to dismiss for lack of personal jurisdiction is GRANTED as to IBM China. The motion to dismiss also is GRANTED as to all defendants because the action is time-barred, fails plausibly to state a claim for relief, and is foreclosed by Section 1837; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/10/2022) (Attachments: #1 Notice of Right to appeal) (nd)
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Filing 51
ORDER GRANTING MOTION TO DISMISS FIRST AMENDED COMPLAINT granting #41 Motion to Dismiss. The motion to dismiss for lack of personal jurisdiction is granted as to IBM China. The motion to dismiss also is granted as to all defendants because the action is time-barred, fails plausibly to state a claim for relief, and is foreclosed by Section 1837. The Clerk of Court shall terminate ECF No. 41, enter judgment in favor of Defendants, and mark the case closed. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 11/9/22) (yv) Transmission to Orders and Judgments Clerk for processing.
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Filing 50
SCHEDULING ORDER: In of the pending motion to dismiss, the conference schedule for June 17, 2022 is adjourned, sine die. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 6/10/22) (yv)
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Filing 49
DECLARATION of Jacques DeLisle in Support re: #41 MOTION to Dismiss 38 FIRST AMENDED COMPLAINT.. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 48
REPLY MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss 38 FIRST AMENDED COMPLAINT. . Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation. (Attachments: #1 Exhibit A to Reply Memorandum of Law).(Reed, Kevin)
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Filing 47
RESPONSE in Opposition to Motion re: #41 MOTION to Dismiss 38 FIRST AMENDED COMPLAINT. . Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd.. (Attachments: #1 Appendix 1).(Nese, Bryan)
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Filing 46
ORDER granting #44 Letter Motion to Seal. The request to file the identified documents under seal is granted. So ordered. (Signed by Judge Alvin K. Hellerstein on 5/18/22) (yv)
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Filing 45
***SELECTED PARTIES***DECLARATION of Kevin Reed in Support re: #41 MOTION to Dismiss 38 FIRST AMENDED COMPLAINT.. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation, Beijing Neu Cloud Oriental System Technology Co., Ltd.. (Attachments: #1 Exhibit A under seal, #2 Exhibit B under seal, #3 Exhibit C under seal, #4 Exhibit D under seal)Motion or Order to File Under Seal: #44 .(Reed, Kevin)
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Filing 44
LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Kevin S. Reed dated 05/13/2022. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 43
DECLARATION of Kevin Reed in Support re: #41 MOTION to Dismiss 38 FIRST AMENDED COMPLAINT.. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Reed, Kevin)
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Filing 42
MEMORANDUM OF LAW in Support re: #41 MOTION to Dismiss 38 FIRST AMENDED COMPLAINT. . Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 41
MOTION to Dismiss 38 FIRST AMENDED COMPLAINT. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 40
ORDER granting #39 Letter Motion for Extension of Time. The request is granted and the proposed modifications to the briefing schedule are approved. So ordered. Motions due by 5/13/2022. (Signed by Judge Alvin K. Hellerstein on 5/5/2022) (ate)
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Filing 39
JOINT LETTER MOTION for Extension of Time addressed to Judge Alvin K. Hellerstein from Kevin S. Reed dated May 5, 2022. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Set/Reset Deadlines: Responses due by 5/31/2022. Replies due by 6/7/2022. (ate)
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NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only. (sac)
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Filing 38
FIRST AMENDED COMPLAINT amending #1 Complaint, against IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation with JURY DEMAND.Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd.. Related document: #1 Complaint,..(Nese, Bryan)
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Filing 37
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/21/22 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....(Moya, Goretti)
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Filing 36
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/21/2022 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Steven Greenblum, (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 4/25/2022. Redacted Transcript Deadline set for 5/5/2022. Release of Transcript Restriction set for 7/5/2022..(Moya, Goretti)
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Filing 35
POST-ARGUMENT ORDER GRANTING MOTION TO DISMISS granting in part and denying in part #19 Motion to Dismiss. The motion to dismiss for lack of personal jurisdiction is granted as to defendant IBM China and the motion to dismiss for failure to state a claim is granted as to all defendants. The motion to dismiss for lack of subject matter jurisdiction is denied. Plaintiff may file an Amended Complaint, if it can, to cure the defects discussed in this opinion by April 11, 2022. Defendants shall move or answer by May 9, 2022. The initial case management conference will be held June 17, 2022 at 10:00 a.m. The Clerk shall terminate ECF No. 19. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/25/22) (yv)
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Set/Reset Deadlines: IBM China Company Limited answer due 5/9/2022.( Amended Pleadings due by 4/11/2022., Motions due by 5/9/2022.), Set/Reset Hearings:( Initial Conference set for 6/17/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (yv)
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Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 3/21/2022 re: #19 MOTION to Dismiss . filed by IBM China Company Limited, International Business Machines Corporation, IBM World Trade Corporation, ( Amended Pleadings due by 4/4/2022., Answer to amd complaint/ Motions due by 5/2/2022.). (Court Reporter Steve Greenblum) (Jones, Brigitte)
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Filing 34
SCHEDULING ORDER: The parties are hereby ordered to appear for oral argument of the pending motion to dismiss on March 21, 2022, at 12:00 p.m., which will be held in Courtroom 14D, 500 Pearl Street, New York, NY. Finally, no later than March 18, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. So Ordered. Oral Argument set for 3/21/2022 at 12:00 PM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 2/25/2022) (js)
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Filing 33
DECLARATION of Jacques deLisle in Support re: #19 MOTION to Dismiss .. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F).(Reed, Kevin)
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Filing 32
REPLY MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 31
DECLARATION of Wang Weihang in Support re: #27 Response in Opposition to Motion. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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Filing 30
DECLARATION of Hao Zhuangyan in Support re: #27 Response in Opposition to Motion. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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Filing 29
DECLARATION of Bryan Nese in Support re: #27 Response in Opposition to Motion. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Nese, Bryan)
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Filing 28
DECLARATION of Li Baofu in Support re: #27 Response in Opposition to Motion. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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Filing 27
RESPONSE in Opposition to Motion re: #19 MOTION to Dismiss . . Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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Filing 26
ORDER granting #24 Letter Motion to Seal. The request is approved. So ordered. (Signed by Judge Alvin K. Hellerstein on 11/24/2021) (vfr)
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Filing 25
***SELECTED PARTIES***Exhibit List OpenPower OEM Agreement. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation, Beijing Neu Cloud Oriental System Technology Co., Ltd..Motion or Order to File Under Seal: #24 .(Reed, Kevin)
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Filing 24
LETTER MOTION to Seal addressed to Judge Alvin K. Hellerstein from Kevin S. Reed dated November 12, 2021. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 23
DECLARATION of Kevin S. Reed in Support re: #19 MOTION to Dismiss .. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation. (Attachments: #1 Exhibit A).(Reed, Kevin)
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Filing 22
DECLARATION of Jacques Delisle in Support re: #19 MOTION to Dismiss .. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 21
DECLARATION of Sau Fong Tina Yeung in Support re: #19 MOTION to Dismiss .. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 20
MEMORANDUM OF LAW in Support re: #19 MOTION to Dismiss . . Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 19
MOTION to Dismiss . Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 18
NOTICE OF APPEARANCE by Robert Francis Longtin on behalf of IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Longtin, Robert)
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Filing 17
NOTICE OF APPEARANCE by Rachel Elizabeth Epstein on behalf of IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Epstein, Rachel)
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Filing 16
NOTICE OF APPEARANCE by Neil Thomas Phillips on behalf of IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Phillips, Neil)
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Filing 15
NOTICE OF APPEARANCE by Jeremy Andrew Baldoni on behalf of IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Baldoni, Jeremy)
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Filing 14
MEMO ENDORSEMENT on re: #12 Letter, filed by IBM China Company Limited, International Business Machines Corporation, IBM World Trade Corporation ENDORSEMENT: The request for an extension to respond to the Complaint is approved, as is the proposed briefing schedule. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/7/2021) (ks)
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Filing 13
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent International Business Machines Corporation for IBM China Company Limited, IBM World Trade Corporation. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 12
JOINT LETTER addressed to Judge Alvin K. Hellerstein from Kevin S. Reed and Bryan Nese dated October 6, 2021 re: Request for extension to respond to Complaint and entry of proposed briefing schedule. Document filed by IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation. (Attachments: #1 Joint Stipulation and Proposed Order).(Reed, Kevin)
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Filing 11
NOTICE OF APPEARANCE by Kevin Samuel Reed on behalf of IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(Reed, Kevin)
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Filing 10
ORDER GRANTING REGULATING PROCEEDINGS granting #7 Motion for Zhangyuan Ji to Appear Pro Hac Vice; granting #8 Motion for Zhangyuan Ji to Appear Pro Hac Vice; granting #9 Motion for Zhangyuan Ji to Appear Pro Hac Vice. In the above-captioned case, Clark S. Bakewell, Gary M. Hnath, and Zhangyuan Ji each moved to appear pro hac vice for Plaintiff (ECF 7, 8, and 9, respectively). Each motion is granted. The clerk shall terminate each motion (ECF 7, 8, and 9). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/5/21) (yv)
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Filing 9
MOTION for Zhangyuan Ji to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25125642. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd.. (Attachments: #1 Exhibit Certificate of Good Standing, #2 Affidavit Affidavit, #3 Text of Proposed Order Proposed Order).(Ji, Zhangyuan)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #9 MOTION for Zhangyuan Ji to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25125642. 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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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #8 MOTION for Gary M. Hnath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25109950. 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 8
MOTION for Gary M. Hnath to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25109950. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd.. (Attachments: #1 Affidavit of Gary M. Hnath, #2 Certificate of Good Standing - District of Columbia, #3 Certificate of Good Standing - Maryland, #4 Certificate of Good Standing - Virginia, #5 Text of Proposed Order).(Hnath, Gary)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #7 MOTION for Clark S. Bakewell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25095479. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
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Filing 7
MOTION for Clark S. Bakewell to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25095479. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd.. (Attachments: #1 Affidavit of Clark S. Bakewell, #2 Certificate of Good Standing - District of Columbia, #3 Certificate of Good Standing - Maryland).(Bakewell, Clark)
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Filing 6
AFFIDAVIT OF SERVICE. IBM World Trade Corporation served on 9/15/2021, answer due 10/6/2021; International Business Machines Corporation served on 9/15/2021, answer due 10/6/2021. Service was accepted by Margaret Shine, Manager. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation..(pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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 Debra C. Freeman 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 4
REQUEST FOR ISSUANCE OF SUMMONS as to International Business Machines Corporation, IBM World Trade Corporation, IBM China Company Limited, re: #1 Complaint,. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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Filing 3
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent IBM China Company Limited, Corporate Parent Beijing TeamSun Technology Co., Ltd. for Beijing Neu Cloud Oriental System Technology Co., Ltd.. Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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Filing 2
CIVIL COVER SHEET filed..(Nese, Bryan)
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Filing 1
COMPLAINT against IBM China Company Limited, IBM World Trade Corporation, International Business Machines Corporation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25046400)Document filed by Beijing Neu Cloud Oriental System Technology Co., Ltd...(Nese, Bryan)
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