Everytown for Gun Safety Action Fund, Inc. v. Defcad, Inc. et al
| Everytown for Gun Safety Action Fund, Inc. |
| Defcad, Inc., Odysee User xYeezySZN, Defcad User xYeezySZN, Odysee User TheGatalog-PrintableMagazines, The Gatalog, Defcad User Freeman1337, Twitter User xYeezySZN and Phillip Royster |
| 1:2021cv08704 |
| October 22, 2021 |
| US District Court for the Southern District of New York |
| Paul G Gardephe |
| Trademark |
| 15 U.S.C. § 1114 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.
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Filing 73
EMERGENCY LETTER MOTION to Stay re: #30 Order to Show Cause,,,,,,, #72 Order on Motion to Intervene,,,,,, Order on Motion for Discovery,,,,, EMERGENCY LETTER MOTION FOR STAY PENDING APPEAL addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/18/2021. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 72
ORDER APPROVING STIPULATION BETWEEN PLAINTIFF EVERYTOWN FOR GUN SAFETY ACTION FUND, INC. AND THIRD-PARTY TWITTER, INC. denying as moot #43 Letter Motion to Intervene; denying as moot #44 Letter Motion for Discovery. The Court has again considered the five-factor unmasking standard articulated in Arista Records, LLC v. Doe 3, 604 F.3d 110 (2d Cir. 2010), finds it has been met in this case, and accordingly orders that: 1. Within seven (7) days of the date the Court enters this Order, Twitter will produce certain basic subscriber information of the anonymous defendants contained in Twitter's records, specifically: any names, telephone numbers, email addresses, and dates of birth provided by the registrant / user(s) of the Account(s); 2. Twitter is not required to produce the remainder of the materials identified in Court's November 5 expedited discovery order [ECF 30]; 3. To the extent Everytown For Gun Safety Action Fund, Inc. seeks further discovery from Twitter in this case, it must seek such discovery by Federal Rule of Civil Procedure 45 subpoena; and 4. Twitter's Motion to Intervene [ECF 43] and its Motion to Modify [ECF 44] are denied as moot. (Signed by Judge Paul G. Gardephe on 12/17/2021) (ate)
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Filing 71
RESPONSE to Motion re: #44 THIRD PARTY MOTION for Discovery Order re Modification. OBJECTION TO PROPOSED ORDER APPROVING STIPULATION BETWEEN PLAINTIFF EVERYTOWN FOR GUN SAFETY ACTION FUND, INC. AND THIRD-PARTY TWITTER, INC.. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Odysee User xYeezySZN, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 70
LETTER MOTION for Discovery CONTAINING RESPONSE TO COURT'S ORDER DATED 12/14/2021 AND SEEKING ENTRY OF PROTECTIVE ORDER addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/15/2021. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 69
PROPOSED STIPULATION AND ORDER. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 68
ORDER: The hearing scheduled for December 15, 2021 is adjourned sine die. Plaintiff is directed to file a letter brief explaining its trademark infringement theory against Defendant Defcad, Inc., including whether it intends to proceed on a direct or contributory theory. If Plaintiff is proceeding on a direct infringer theory as to Defcad, it will cite case law demonstrating that its factual allegations are sufficient. If Plaintiff is proceeding on a contributory infringer theory as to Defcad, amendment will be necessary, because the Complaint does not plead contributory infringement as to Defcad. The letter brief is due by December 22, 2021. Any opposition papers are due by December 31, 2021. On November 5, 2021, this Court ordered Defcad to produce to Plaintiff the following information on an expedited basis: As further set forth in this order. Defcad, Inc. will submit a letter by 5:00 p.m. on December 15, 2021, stating whether it intends to comply- forthwith-with this Court's November 5, 2021 order. In the event that it does not, this Court will entertain a motion for contempt sanctions. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/14/2021) (ks)
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Filing 67
LETTER MOTION for Oral Argument re Miscellaneous Relief for Hearing addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/14/2021. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Attachments: #1 Exhibit).(Schmutter, Daniel)
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Filing 66
MANDATE of USCA (Certified Copy) USCA Case Number 21-2806. Petitioners seek a writ of mandamus and a stay of a discovery order pending decision on the mandamus petition. Upon due consideration, it is hereby ORDERED that the mandamus petition is DENIED because Petitioners have not demonstrated that their right to the writ is clear and indisputable or that granting the writ is appropriate under the circumstances. See Cheney v. U.S. Dist. Ct. for D.C., 542 U.S. 367, 38081 (2004). It is further ORDERED that the stay motion is DENIED as moot. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Order: 12/14/2021. (tp)
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Filing 65
REPLY MEMORANDUM OF LAW in Support re: #56 Response to Order to Show Cause,, . Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Affidavit Reply Declaration in Support of OSC, #2 Exhibit A of Reply Declaration in Support, #3 Exhibit B of Reply Declaration in Support, #4 Exhibit C of Reply Declaration in Support, #5 Exhibit D of Reply Declaration in Support, #6 Exhibit E of Reply Declaration in Support, #7 Exhibit F of Reply Declaration in Support).(Ballard, Marcella)
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Filing 64
MEMO ENDORSEMENT on re: #63 Response in Support of Motion,, filed by The Gatalog, Defcad User xYeezySZN, Twitter User xYeezySZN, Phillip Royster, Defcad, Inc., Defcad User Freeman1337, Odysee User xYeezySZN. ENDORSEMENT : The application is granted. No page limit will be applicable to Plaintiff's reply, which is now due by December 10, 2021. The hearing currently scheduled for December 9, 2021 will now take place on December 15, 2021 at 2:00 p.m. at the U.S. Courthouse, 40 Foley Square, New York, NY. So Ordered., ( Replies due by 12/10/2021., Show Cause Hearing set for 12/15/2021 at 02:00 PM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/6/21) (yv)
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Filing 63
LETTER RESPONSE in Support of Motion addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/6/2021 re: #61 LETTER MOTION for Leave to File Excess Pages for Brief in Opposition to Order to Show Cause Seeking Preliminary Injunction addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/6/2021. . Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 62
MOTION for Protective Order to Formally Join Third Party Motion of Twitter, Inc. Docketed at ECF No. 44. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 61
LETTER MOTION for Leave to File Excess Pages for Brief in Opposition to Order to Show Cause Seeking Preliminary Injunction addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 12/6/2021. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 60
LETTER addressed to Judge Paul G. Gardephe from Marcella Ballard dated December 6, 2021 re: Defendants Memorandum of Law in Opposition to Preliminary Injunction [ECF 56]. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 59
REPLY MEMORANDUM OF LAW in Support re: #44 THIRD PARTY MOTION for Discovery Order re Modification. . Document filed by Twitter..(Shapiro, David)
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Filing 58
REPLY MEMORANDUM OF LAW in Support re: #43 THIRD PARTY MOTION to Intervene To Modify Discovery Order. . Document filed by Twitter..(Shapiro, David)
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Filing 57
RESPONSE re: #56 Response to Order to Show Cause,, CERTIFICATE OF SERVICE. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 56
RESPONSE TO ORDER TO SHOW CAUSE re: #30 Order to Show Cause,,,,,,,. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Attachments: #1 Affidavit Declaration of Cody Wilson, #2 Affidavit Declaration of Garret Walliman, #3 Affidavit DECLARATION OF DEFCAD USER FREEMAN1337, #4 Affidavit DECLARATION OF ODYSEE USER XYEEZYSZN, DEFAD USER XYEEZYSZN, AND TWITTER USER XYEEZYSZN, #5 Affidavit DECLARATION OF THE GATALOG, #6 Affidavit Declaration of Phillip Royster, #7 Affidavit Declaration of Daniel L. Schmutter).(Schmutter, Daniel)
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Filing 55
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent DEFENSE DISTRIBUTED for Defcad, Inc.. Document filed by Defcad, Inc...(Schmutter, Daniel)
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Filing 54
RESPONSE in Opposition to Motion re: #44 THIRD PARTY MOTION for Discovery Order re Modification. . Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Exhibit A).(Ballard, Marcella)
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Filing 53
RESPONSE in Opposition to Motion re: #43 THIRD PARTY MOTION to Intervene To Modify Discovery Order. . Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 52
NOTICE OF APPEARANCE by Maria Rose Sinatra on behalf of Everytown for Gun Safety Action Fund, Inc...(Sinatra, Maria)
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Filing 51
LETTER addressed to Judge Paul G. Gardephe from Marcella Ballard dated December 2, 2021 re: Response to Defendants' pre-motion conference letter [ECF 46]. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 50
ORDER granting #49 Letter Motion to Adjourn Conference. The show cause hearing scheduled for December 2, 2021 will now take place on December 9, 2021 at 2:00 p.m. Defendants' opposition papers are now due by December 3, 2021 and Plaintiff's reply, if any, is due by December 7, 2021. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 12/1/2021) Show Cause Hearing set for 12/9/2021 at 02:00 PM before Judge Paul G. Gardephe. (ks)
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Set/Reset Deadlines: Responses due by 12/3/2021 Replies due by 12/7/2021. (ks)
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Filing 49
JOINT LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Marcella Ballard dated November 30, 2021. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 48
ORDER: Plaintiff is directed to respond to third party Twitter's motions to intervene and to modify the November 5, 2021 discovery order (Dkt. Nos. 43-44) by December 2, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/30/2021) ( Responses due by 12/2/2021) (ks)
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Filing 47
ORDER RE: MOTION FOR ADMISSION OF ALICIA M. SHARON PRO HAC VICE granting #42 Motion for Alicia M. Sharon to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 11/30/2021) (rro)
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Set/Reset Deadlines: Responses due by 11/5/2021 (ks)
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Filing 46
LETTER addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/29/2021 re: Request for Pre-Motion Conference. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 45
LETTER addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/29/2021 re: Various Issues. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Attachments: #1 Exhibit Amicus Curiae Brief of Electronic Frontier Foundation).(Schmutter, Daniel)
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Filing 44
THIRD PARTY MOTION for Discovery Order re Modification. Document filed by Twitter..(Shapiro, David)
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Filing 43
THIRD PARTY MOTION to Intervene To Modify Discovery Order. Document filed by Twitter..(Shapiro, David)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #42 MOTION for Alicia M. Sharon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25371818. 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 42
MOTION for Alicia M. Sharon to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25371818. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Affidavit In Support of Pro Hac Vice Motion, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Sharon, Alicia)
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Filing 41
LETTER addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/19/2021 re: Inquiry regarding Court's desire to conduct conference call re new briefing/hearing schedule after Second Circuit rules. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 40
MEMO ENDORSEMENT on re: #37 Letter, filed by The Gatalog, Defcad User xYeezySZN, Twitter User xYeezySZN, Phillip Royster, Defcad, Inc., Defcad User Freeman1337, Odysee User xYeezySZN. MEMO ENDORSED: Defendant will file any opposition by November 19, 2021. Plaintiff's reply will now be due on November 29, 2021. SO ORDERED. (Responses due by 11/19/2021, Replies due by 11/29/2021.) (Signed by Judge Paul G. Gardephe on 11/10/2021) (mml)
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Filing 39
ORDER of USCA (Certified Copy) USCA Case Number 21-2806. Defendants-Petitioners filed an emergency motion seeking an administrative stay and stay of the district court's order dated November 5, 2021, pending the petition for a writ of mandamus regarding that order. IT IS HEREBY ORDERED that the request for an administrative stay is GRANTED pending consideration of this matter by a three-judge motions panel. The petition for writ of mandamus and request for a stay pending decision on the petition are REFERRED to a three-judge motions panel on an expedited basis. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 11/10/2021..(nd)
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Filing 38
ORDER denying #31 Motion to Stay re: #31 EMERGENCY LETTER MOTION to Stay re: #30 Order to Show Cause,,,,,,, TO STAY EX PARTE THIRD PARTY DISCOVERY ORDER SEEKING TO UNMASK ANONYMOUS FIRST AMENDMENT SPEAKERS addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/5. For the reasons stated above, Defcad's application for a stay of the expedited discovery order (Dkt. No. 31-33) is denied. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 11/9/2021) (ks)
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Filing 37
LETTER addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/9/2021 re: Request for Extension of Time to File Opposition to Order to Show Cause. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 36
NOTICE OF APPEARANCE by Daniel Louis Schmutter on behalf of Defcad User Freeman1337..(Schmutter, Daniel)
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Filing 35
LETTER RESPONSE in Support of Motion addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/9/2021 re: #31 EMERGENCY LETTER MOTION to Stay re: #30 Order to Show Cause,,,,,,, TO STAY EX PARTE THIRD PARTY DISCOVERY ORDER SEEKING TO UNMASK ANONYMOUS FIRST AMENDMENT SPEAKERS addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/5 DEFENDANTS BRIEF IN FURTHER SUPPORT OF EMERGENCY LETTER MOTION FOR STAY OF EX PARTE EXPEDITED DISCOVERY ORDER OR IN THE ALTERNATIVE IN SUPPORT OF A STAY PENDING EMERGENCY APPEAL TO THE SECOND CIRCUIT INTENDED TO BE FILED LATER TODAY. Document filed by Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 34
NOTICE OF APPEARANCE by Daniel Louis Schmutter on behalf of Defcad User xYeezySZN, Defcad, Inc., Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN..(Schmutter, Daniel)
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Filing 33
AFFIDAVIT OF SERVICE of Summons and Complaint,,. Defcad User xYeezySZN served on 11/5/2021, answer due 11/26/2021; Defcad, Inc. served on 11/5/2021, answer due 11/26/2021; Odysee User xYeezySZN served on 11/5/2021, answer due 11/26/2021; Phillip Royster served on 11/5/2021, answer due 11/26/2021; Twitter User xYeezySZN served on 11/5/2021, answer due 11/26/2021. Service was made by Email, Pursuant to the Courts Order dated November 5, 2021. Document filed by Everytown for Gun Safety Action Fund, Inc.., AFFIDAVIT OF SERVICE of Plaintiffs Application for Order to Show Cause, Declarations of Marcella Ballard, Delia Green, Erin Galloway, and Matthew McTighe in Support of Application for Order to Show Cause, Order Granting Order to Show Cause and Setting Hearing, Rule 7.1 Corporate Disclosure Statement, AO 120 Form Report, Pro Hac Vice Order Regarding M. Kent, Civil Cover Sheet served on Defcad, Inc., Odysee User xYeezySZN, Defcad User xYeezySZN, Twitter User xYeezySZN and Phillip Royster on 11/5/2021. Service was made by Email, Pursuant to the Courts Order dated November 5, 2021. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B).(Sinatra, Maria)
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Filing 32
LETTER RESPONSE in Support of Motion addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/8/2021 re: #31 EMERGENCY LETTER MOTION to Stay re: #30 Order to Show Cause,,,,,,, TO STAY EX PARTE THIRD PARTY DISCOVERY ORDER SEEKING TO UNMASK ANONYMOUS FIRST AMENDMENT SPEAKERS addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/5 CLARIFYING/SUPPLEMENTING THAT RELIEF IS ALSO SOUGHT WITH RESPECT TO DISCOVERY ORDERED TO BE PRODUCED BY DEFENDANT DEFCAD. Document filed by Defcad, Inc...(Schmutter, Daniel)
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Filing 31
EMERGENCY LETTER MOTION to Stay re: #30 Order to Show Cause,,,,,,, TO STAY EX PARTE THIRD PARTY DISCOVERY ORDER SEEKING TO UNMASK ANONYMOUS FIRST AMENDMENT SPEAKERS addressed to Judge Paul G. Gardephe from Daniel L. Schmutter dated 11/5/2021. Document filed by Defcad, Inc...(Schmutter, Daniel)
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Filing 30
ORDER TO SHOW CAUSE: Defendants Defcad, Inc., Odysee User XYEEZYSZN, Defcad User XYEEZYSZN, Odysee User THEGATALOG-PRINTABLEMAGAZINES, The Gatalog, Defcad User FREEMAN1337, Twitter User XYEEZYSZN, and Phillip Royster shall show cause as to why a preliminary injunction should not be issued enjoining and restraining the Defendants and their officers, agents, servants, employees, and attorneys, and all others in active concert or participation with them ("Restrained Parties"), from directly or indirectly: 1. manufacturing, making, buying, purchasing, importing, shipping, delivering, advertising, marketing, promoting, offering to sell, selling, or otherwise distributing or disposing of, in any manner, the Infringing Products or any other files, instructions for manufacture or infringing products, including but not limited to, or firearms, firearm parts and/or accessories, as further set forth in this Order. Opposition papers, if any, are to be filed by Defendants with this Court and served by personal service, notice of electronic filing, facsimile, or email upon Everytown's legal counsel, Marcella Ballard, Meaghan Kent, and Maria Sinatra, of Venable LLP, at their offices at 1270 Avenue of the Americas, 24th Floor, New York, NY 10020, on or before November 11, 2021, and reply papers shall be filed and served in the same manner on or before November 26, 2021, as further set forth. It is further ORDERED that, good cause having been shown, service of the foregoing papers shall be made on Defendants within (5) five business days of November 5, 2021. Service may be made upon any third-party service provider at an earlier date to ensure full execution of the terms of this Order. SO ORDERED. Show Cause Hearing set for 12/2/2021 at 11:30 AM before Judge Paul G. Gardephe. Show Cause Response due by 11/11/2021. (Signed by Judge Paul G. Gardephe on 11/5/2021) (mml)
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Filing 29
ORDER MOTION FOR ADMISSION OF MEAGHAN H. KENT PRO HAC VICE granting #28 Motion for Meaghan H. Kent to Appear Pro Hac Vice. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 11/3/2021) (ks)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #28 MOTION for Meaghan H. Kent to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25257985. 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 28
MOTION for Meaghan H. Kent to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25257985. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Affidavit, #2 Certificates of Good Standing, #3 Text of Proposed Order).(Kent, Meaghan)
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Filing 27
AO 120 FORM TRADEMARK - CASE OPENING - SUBMITTED. In compliance with the provisions of 15 U.S.C. 1116, the Director of the U.S. Patent and Trademark Office is hereby advised that a court action has been filed on the following trademark(s) in the U.S. District Court Southern District of New York. Director of the U.S. Patent and Trademark Office electronically notified via Notice of Electronic Filing (NEF). (gp)
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Filing 26
ELECTRONIC SUMMONS ISSUED as to Twitter User xYeezySZN..(gp)
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Filing 25
ELECTRONIC SUMMONS ISSUED as to Phillip Royster..(gp)
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Filing 24
ELECTRONIC SUMMONS ISSUED as to The Gatalog..(gp)
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Filing 23
ELECTRONIC SUMMONS ISSUED as to Defcad User Freeman1337..(gp)
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Filing 22
ELECTRONIC SUMMONS ISSUED as to Odysee User TheGatalog-PrintableMagazines..(gp)
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Filing 21
ELECTRONIC SUMMONS ISSUED as to Defcad User xYeezySZN..(gp)
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Filing 20
ELECTRONIC SUMMONS ISSUED as to Odysee User xYeezySZN..(gp)
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Filing 19
ELECTRONIC SUMMONS ISSUED as to Defcad, Inc...(gp)
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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. (gp)
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Case Designated ECF. (gp)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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..(gp)
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***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document No. #13 Proposed Order to Show Cause With Emergency Relief was reviewed and approved as to form. (km)
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Filing 18
DECLARATION of Matthew McTighe in Support re: #13 Proposed Order to Show Cause With Emergency Relief,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 17
DECLARATION of Erin Galloway in Support re: #13 Proposed Order to Show Cause With Emergency Relief,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 16
DECLARATION of Delia Green in Support re: #13 Proposed Order to Show Cause With Emergency Relief,. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Ballard, Marcella)
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Filing 15
DECLARATION of Marcella Ballard in Support re: #13 Proposed Order to Show Cause With Emergency Relief,. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Ballard, Marcella)
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Filing 14
MEMORANDUM OF LAW in Support re: #13 Proposed Order to Show Cause With Emergency Relief, for Preliminary Injunction, Expedited Discovery, and Alternative Service. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 13
PROPOSED ORDER TO SHOW CAUSE WITH EMERGENCY RELIEF. Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Exhibit A - Proposed Order Granting Expedited Discovery, Alternative Service, and Order to Show Cause re: Preliminary Injunction).(Ballard, Marcella) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
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Filing 12
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 11
AO 120 FORM TRADEMARK - NOTICE OF SUBMISSION BY ATTORNEY. AO 120 Form Patent/Trademark for case opening submitted to court for review..(Ballard, Marcella)
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Filing 10
REQUEST FOR ISSUANCE OF SUMMONS as to Phillip Royster, re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 9
REQUEST FOR ISSUANCE OF SUMMONS as to Twitter User xYeezySZN, re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 8
REQUEST FOR ISSUANCE OF SUMMONS as to Defcad User Freeman1337, re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 7
REQUEST FOR ISSUANCE OF SUMMONS as to The Gatalog, re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to Odysee User TheGatalog-PrintableMagazines, re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 5
REQUEST FOR ISSUANCE OF SUMMONS as to Defcad User xYeezySZN, re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 4
REQUEST FOR ISSUANCE OF SUMMONS as to Odysee User xYeezySZN, re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Defcad, Inc., re: #1 Complaint,,. Document filed by Everytown for Gun Safety Action Fund, Inc...(Ballard, Marcella)
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Filing 2
CIVIL COVER SHEET filed..(Ballard, Marcella)
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Filing 1
COMPLAINT against Defcad User Freeman1337, Defcad User xYeezySZN, Defcad, Inc., Odysee User TheGatalog-PrintableMagazines, Odysee User xYeezySZN, Phillip Royster, The Gatalog, Twitter User xYeezySZN. (Filing Fee $ 402.00, Receipt Number ANYSDC-25235246)Document filed by Everytown for Gun Safety Action Fund, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4 (1 of 5), #5 Exhibit 4 (2 of 5), #6 Exhibit 4 (3 of 5), #7 Exhibit 4 (4 of 5), #8 Exhibit 4 (5 of 5), #9 Exhibit 5).(Ballard, Marcella)
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