Google LLC v. Dmitry Starovikov, et al.
| ABC and Google LLC |
| DEF, Alexander Filippov and Does 1-15 |
| Dmitry Starovikov |
| 1:2021cv10260 |
| December 2, 2021 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Denise L Cote |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1030 Fraud & Related Activity in Connection with Computers |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 6, 2023. A more recent docket listing may be available from PACER.
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Filing 116
DECLARATION of Igor Litvak in Opposition re: #110 MOTION for Sanctions .. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Exhibit P Memo of Law - P. 17-19, #2 Exhibit Plaintiff June 3rd Letter, #3 Exhibit Dkt # 80 - Discovery Order - 06.09.22, #4 Exhibit Plaintiff Discovery Dispute Letter - 07.19.22, #5 Exhibit Letter Discovery - REPLY - 07.25.22, #6 Exhibit Letter depositon - REPLY, #7 Exhibit 02.15.22 Email to LH, #8 Exhibit 02.15.22 Email to LH, #9 Exhibit LH Email to IL - 02.16.22, #10 Exhibit Defendant's Declarations - 03.14.22, #11 Exhibit Reply & Opposition, #12 Exhibit Transcript 06.01.22, #13 Exhibit Defendant's Answer, #14 Exhibit Plaintiff Letter Response, #15 Exhibit Emails - 05.23-05.24, #16 Exhibit Notice of Voluntary Withdrawal, #17 Exhibit Passports Applied, #18 Exhibit Letter Regarding Deposition, #19 Exhibit Email 05.17.22, #20 Exhibit Email 05.17.22, #21 Exhibit Email 05.20.22, #22 Exhibit Email 05.31.22, #23 Exhibit Email 05.31.22, #24 Exhibit Email 05.31.22, #25 Exhibit Email 05.31.22, #26 Exhibit Email 05.31.22, #27 Exhibit Email 05.31.22, #28 Exhibit Email 05.31.22, #29 Exhibit Email 05.31.22, #30 Exhibit Email 05.31.22, #31 Exhibit Email 05.31.22, #32 Exhibit Joint Status Report, #33 Exhibit Initial Disclosures, #34 Exhibit P Complains Initial Disclosures, #35 Exhibit Email 05.24.22, #36 Exhibit MS Team Conference 06.27.22, #37 Exhibit Amended Initial Disclosures, #38 Exhibit Emails 07.18-07.19, #39 Exhibit Plaintiff Discovery Dispute Letter, #40 Exhibit Transcript 07.29.22, #41 Exhibit Google's Questions for Ds & Counsel, #42 Exhibit Ds' August 8 Email & Letter, #43 Exhibit August 12 Relpy to K&S, #44 Exhibit Google Dec 7 Posting, #45 Exhibit Botnet Investigation Presentation, #46 Exhibit Amended Initial Disclosures, #47 Exhibit Plaintiff Discovery Dispute Letter 07.19.22, #48 Exhibit Defendants Discovery Dispute Letter 07.25.22).(Litvak, Igor)
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Filing 115
MEMORANDUM OF LAW in Opposition re: #110 MOTION for Sanctions . and in Support of Defendants' Motion for Sanctions under the Court's Inherent Powers. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement Notice of Motion).(Litvak, Igor)
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Filing 114
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/12/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 113
TRANSCRIPT of Proceedings re: CONFERENCE held on 8/12/2022 before Judge Denise L. Cote. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2022. Redacted Transcript Deadline set for 9/30/2022. Release of Transcript Restriction set for 11/28/2022..(McGuirk, Kelly)
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Filing 112
DECLARATION of Laura Harris in Support re: #110 MOTION for Sanctions .. Document filed by Google LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19).(Harris, Laura)
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Filing 111
MEMORANDUM OF LAW in Support re: #110 MOTION for Sanctions . . Document filed by Google LLC..(Harris, Laura)
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Filing 110
MOTION for Sanctions . Document filed by Google LLC. (Attachments: #1 Text of Proposed Order Granting Google's Motion for Sanctions).(Harris, Laura)
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Filing 109
DECLARATION of Laura Harris in Support re: #92 MOTION for Default Judgment as to Does 1-15.. Document filed by Google LLC. (Attachments: #1 Exhibit 1 - Copy of the June 1, 2022 transcript from the Initial Pretrial Conference).(Harris, Laura)
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Filing 108
REPLY MEMORANDUM OF LAW in Support re: #92 MOTION for Default Judgment as to Does 1-15. Google LLC's Reply Memorandum of Law in Support of Motion for Default Judgment and Permanent Injunction Against Does 1-15. Document filed by Google LLC..(Harris, Laura)
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Filing 107
ORDER: It is hereby ORDERED that the plaintiff's motion for sanctions is due August 22, 2022. The defendants' motion for sanctions, and any opposition to the plaintiff's motion is due September 2, 2022. Any opposition to the defendants' motion, and any reply in support of the plaintiff's motion is due September 16, 2022. Any reply in support of the defendants' motion is due September 23, 2022. IT IS FURTHER ORDERED that at the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of the papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. SO ORDERED. ( Motions due by 9/2/2022., Responses due by 9/16/2022, Replies due by 9/23/2022.) (Signed by Judge Denise L. Cote on 8/12/2022) (tg)
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Filing 106
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 7/29/2022 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
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Filing 105
TRANSCRIPT of Proceedings re: CONFERENCE held on 7/29/2022 before Judge Denise L. Cote. Court Reporter/Transcriber: Eve Giniger, (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 9/2/2022. Redacted Transcript Deadline set for 9/12/2022. Release of Transcript Restriction set for 11/10/2022..(McGuirk, Kelly)
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Filing 104
LETTER addressed to Judge Denise L. Cote from Igor Litvak dated 08/12/2022 re: Discovery Dispute - ESI/DEvices. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Exhibit Exhibit 1 - Letter to K&S).(Litvak, Igor)
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Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held on 8/12/2022. (Court Reporter Rose Prater) (jwh)
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Filing 103
LETTER addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 8/11/2022 re: update the Court on Defendants' and their counsel's responses to Google's questions concerning the availability of discoverable information. Document filed by Google LLC. (Attachments: #1 Exhibit 1 - Google's Questions for Defendants and Counsel, #2 Exhibit 2 - Filippov Declaration, #3 Exhibit 3 - Starovikov Declaration, #4 Exhibit 4 - Litvak Letter to K&S dated 08/08/22, #5 Exhibit 5 - 7/29/22 Telephone Conference Transcript, #6 Exhibit 6 - Litvak Email w/ attached Rule 26(f), #7 Exhibit 7- Litvak Email w/ attached draft Rule 26(f), #8 Exhibit 8 - Russian Documentary Translated).(Harris, Laura)
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Filing 102
MEMORANDUM OF LAW in Opposition re: #92 MOTION for Default Judgment as to Does 1-15. . Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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Filing 101
ORDER. The parties were instructed to complete the Settlement Conference Summary Report and file pre-conference submissions no later than August 3, 2022. Having not received the parties pre-conference submissions, the settlement conference for August 10, 2022 at 2:00 p.m. is cancelled. The parties may contact the Court to reschedule a conference at their convenience. SO ORDERED. (Signed by Magistrate Judge Valerie Figueredo on 8/5/22) (yv)
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Filing 100
ORDER: granting #91 Letter Motion for Conference re: #91 LETTER MOTION for Conference informal conference with the Court to remedy Defendants' deficient initial disclosures. addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 7/19/2022. As set forth at the telephonic conference held on July 29,2022, it is hereby ORDERED that the plaintiff shall serve the defendants and the defendants' counsel with any questions regarding their knowledge of or access to discoverable information by August 1, 2022. Any response is due August 8, 2022. IT IS FURTHER ORDERED that the parties shall appear in a conference to be held telephonically Friday, August 12 at 3:00 p.m. The parties shall use the following dial-in instructions for the telephone conference: Dial-in: 888-363-4749; Access code: 4324948. The parties shall use a landline if one is available. Telephone Conference set for 8/12/2022 at 03:00 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 7/29/2022) (ama)
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Filing 99
Minute Entry for proceedings held before Judge Denise L. Cote: Discovery Hearing held on 7/29/2022. (Court Reporter Eve Giniger) (jwh)
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Filing 98
LETTER addressed to Judge Denise L. Cote from Igor Litvak dated 07/25/22 re: Initial Disclosures Discovery Dispute. Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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Filing 97
ORDER: Having received on July 20, 2022 the plaintiff's motion for default judgment against the Doe defendants, it is hereby ORDERED that any opposition to the motion shall be submitted by August 5, 2022. Any reply in support of the motion shall be submitted by August 12, 2022. IT IS FURTHER ORDERED that at the time the motion papers are filed, the party shall supply Chambers with two (2) courtesy copies of the papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. ( Responses due by 8/5/2022, Replies due by 8/12/2022.) (Signed by Judge Denise L. Cote on 7/20/2022) (vfr)
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Filing 96
ORDER: Having received on July 20, 2022 the plaintiff's letter motion requesting a discovery conference, it is hereby ORDERED that any response to the letter motion shall be submitted by July 25, 2022. IT IS FURTHER ORDERED that the parties shall appear at a conference on Friday, July 29 at 2:00 p.m. to be held telephonically. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749 Access code: 4324948. The parties shall use a landline if one is available. SO ORDERED. ( Responses due by 7/25/2022, Telephone Conference set for 7/29/2022 at 2:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 7/20/2022) (vfr)
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***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #93 Proposed Default Judgment was reviewed and approved as to form. (km)
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Filing 95
DECLARATION of Laura Harris in Support re: #92 MOTION for Default Judgment as to Does 1-15.. Document filed by Google LLC. (Attachments: #1 Exhibit 1- Complaint, #2 Exhibit 2- Answer, #3 Exhibit 3- Proof of Service, #4 Exhibit 4- Clerk's Certificate of Default, #5 Exhibit 5- Copy of website, www.serviceofprocess.xyz/glupteba).(Harris, Laura)
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Filing 94
MEMORANDUM OF LAW in Support re: #92 MOTION for Default Judgment as to Does 1-15. / Memorandum of Law in Support of Motion for Default Judgment and Permanent Injunction. Document filed by Google LLC..(Harris, Laura)
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Filing 93
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Google LLC..(Harris, Laura) Proposed Default Judgment to be reviewed by Clerk's Office staff.
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Filing 92
MOTION for Default Judgment as to Does 1-15. Document filed by Google LLC..(Harris, Laura)
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Filing 91
LETTER MOTION for Conference / informal conference with the Court to remedy Defendants' deficient initial disclosures addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 7/19/2022. Document filed by Google LLC. (Attachments: #1 Exhibit A - Defendants' Initial Disclosures, #2 Exhibit B - Defendants' Amended Initial Disclosures).(Harris, Laura)
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Filing 90
MEMO ENDORSEMENT on re: #89 Letter filed by Dmitry Starovikov, Alexander Filippov. ENDORSEMENT: Denied. (Signed by Judge Denise L. Cote on 6/23/2022) (vfr)
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Filing 89
LETTER addressed to Judge Denise L. Cote from Igor Litvak dated 06/22/2022 re: Stay of Defendant's Discovery. Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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Filing 88
ORDER: it is hereby ORDERED that the defendants shall diligently pursue allreasonable means to obtain an international passport. The defendants shall submit a status letter by September 16, 2022 regarding the defendants' progress obtaining an international passport. IT IS FURTHER ORDERED that all discovery of the plaintiff remains stayed. (Signed by Judge Denise L. Cote on 6/17/2022) (ama)
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Filing 87
LETTER addressed to Judge Denise L. Cote from Igor Litvak dated 06/14/2022 re: Location for Defendants' depositions - Reply. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2).(Litvak, Igor)
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Filing 86
LETTER addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 6/10/2022 re: Plaintiff Google proposes to hold the depositions of Defendants Dmitry Starovikov and Alexander Filippov in the United Kingdom, Ireland or Spain (ECF Doc. #80 ). Document filed by Google LLC..(Harris, Laura)
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Filing 85
CLERK'S CERTIFICATE OF DEFAULT as to Does 115.(km)
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Filing 84
NOTICE of Google LLC's Request for Entry of Default Against Doe Defendants re: #82 Proposed Clerk's Certificate of Default. Document filed by Google LLC..(Harris, Laura)
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Filing 83
DECLARATION of Laura Harris in Support re: #82 Proposed Clerk's Certificate of Default. Document filed by Google LLC. (Attachments: #1 Exhibit 1 - Copy of screenshot of the publicly available website, www.serviceofprocess.xyz/glupteba).(Harris, Laura)
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Filing 82
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Google LLC..(Harris, Laura) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 6/10/2022 (km).
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Filing 81
CERTIFICATE OF SERVICE of Doe Summons; the Temporary Restraining Order; the Preliminary Injunction; the Order authorizing service on the Doe Defendants; and additional supporting materials served on Does 1-15 on 5/12/2022 (via internet publication)& 5/13/2022 (email, txt message and WhatsApp). Document filed by Google LLC..(Harris, Laura)
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Filing 80
ORDER: Accordingly, it is hereby ORDERED that the pretrial scheduling Order of June 1 is vacated and all discovery of the plaintiff is stayed. IT IS FURTHER ORDERED that the defendants shall comply with their Rule 26(a)(1), Fed. R. Civ. P., initial disclosure obligations by June 17, 2022. IT IS FURTHER ORDERED that the plaintiff shall submit a letter by June 10, 2022 providing three countries in Europe at which they would be willing and able to depose the defendants during the first tranche of fact discovery. The defendants shall advise the Court by June 14, 2022 whether they will submit to a deposition in one of those three countries and shall proceed diligently to make the necessary arrangements to do so by the end of July. SO ORDERED. (Signed by Judge Denise L. Cote on 6/9/2022) (vfr)
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Filing 79
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/1/22 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 78
TRANSCRIPT of Proceedings re: CONFERENCE held on 6/1/2022 before Judge Denise L. Cote. Court Reporter/Transcriber: Kristen Carannante, (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 6/27/2022. Redacted Transcript Deadline set for 7/7/2022. Release of Transcript Restriction set for 9/6/2022..(Moya, Goretti)
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Filing 77
ORDER: Having received on June 3, 2022 the parties' letters regarding the location at which the defendants' depositions are to be conducted, it is hereby ORDERED that the June 1 pretrial scheduling Order is stayed pending further Order of this Court. (Signed by Judge Denise L. Cote on 6/3/2022) (vfr)
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Filing 76
ORDER SCHEDULING SETTLEMENT CONFERENCE: A settlement conference in this matter is scheduled for August 10, 2022, at 2:00 p.m., in Courtroom 17-A, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conferences for the most up to date information. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Figueredo's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than August 3, 2022. Settlement Conference set for 8/10/2022 at 02:00 PM in Courtroom 17A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Valerie Figueredo. (Signed by Magistrate Judge Valerie Figueredo on 6/3/2022) (rro)
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Filing 75
LETTER addressed to Judge Denise L. Cote from Igor Litvak dated 06/03/2022 re: Location for Defendants' depositions - Reply. Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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Filing 74
LETTER addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 6/3/2022 re: location for Defendants' depositions.. Document filed by Google LLC. (Attachments: #1 Exhibit 1 - June 2, 2022 Email from I. Litvak,, #2 Exhibit 2 - Excerpt from Interview with Igor Litvak posted on April 16, 2022 to the YouTube channel People PRO).(Harris, Laura)
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Filing 73
LETTER addressed to Judge Denise L. Cote from Igor Litvak dated 06/03/2022 re: Location of Defendants' Depositions. Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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Filing 72
JOINT LETTER addressed to Magistrate Judge Valerie Figueredo from Laura Harris, Esq. dated 6/2/2022 re: scheduling settlement conference. Document filed by Google LLC..(Harris, Laura)
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Filing 71
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Valerie Figueredo. (Signed by Judge Denise L. Cote on 6/1/2022) (kv)
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Filing 70
PRETRIAL SCHEDULING ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on June 1, 2022, the following schedule shall govern the further conduct of pretrial proceedings in this case: 1. The parties shall submit a letter to the Court by June 3, 2022 providing the location at which the defendants will be deposed, or explaining the parties' positions if agreement on a location could not be reached. IT IS HEREBY ORDERED that the trial will begin at 9:30 a.m. on March 14, 2023. IT IS FURTHER ORDERED that the following procedures shall govern the conduct of the trial. 1. All exhibits must be pre-marked and assembled sequentially in a digital folder labelled with the exhibit numbers for ready reference. 2. In advance of the trial, each party will send a complete list of exhibits to the Court's Chambers email: Cotenysdchambers@nysd.uscourts.gov. The list of exhibits should include witness affidavits and charts or summaries of evidence. The case name, case number, and email contents should be clearly set forth in the email's subject line. 3. Testimony will generally be taken between 9:30 and 5:00 from Monday through Thursday. There will be a mid-morning, a mid-afternoon and a lunch break from 12:45 to 2:00 p.m. 4. Counsel should make certain that they have custody of all original exhibits. The Court does not retain them and the Clerk is not responsible for them. SO ORDERED. Amended Pleadings due by 7/29/2022. Joinder of Parties due by 7/29/2022. Fact Discovery due by 9/30/2022. Pretrial Order due by 2/17/2023. Jury Trial set for 3/14/2023 at 09:30 AM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 6/1/2022) (kv)
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Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 6/1/2022. See Transcript. (Court Reporter Kristen Carannante) (jwh)
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Filing 69
RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Google LLC..(Harris, Laura)
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Filing 68
NOTICE OF VOLUNTARY DISMISSAL OF COUNTERCLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) and (c)(1): TO PLAINTIFF GOOGLE LLC AND ITS ATTORNEYS OF RECORD: Pursuant to Rule 41(a)(1)(A)(i) and (c)(1) of Federal Rules of Civil Procedure, Defendants Dmitry Starovikov and Alexander Filippov, and their counsel of record, hereby give notice that their Counterclaims in the above-entitled action are voluntarily dismissed without prejudice against Plaintiff. So Ordered. Dmitry Starovikov, Alexander Filippov and Google LLC terminated. (Signed by Judge Denise L. Cote on 5/25/2022) (vfr)
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Filing 67
NOTICE of NOTICE OF VOLUNTARY DISMISSAL OF COUNTERCLAIMS UNDER FEDERAL RULE OF CIVIL PROCEDURE 41(a)(1)(A)(i) and (c)(1). Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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Filing 66
ANSWER to #5 Complaint., COUNTERCLAIM against Google LLC. Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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SUMMONS ISSUED as to Does 1-15. (as per order #64).(gp)
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Filing 65
MEMO ENDORSEMENT on re: #64 Letter, filed by Google LLC. ENDORSEMENT: Granted. ( Service due by 5/13/2022.) (Signed by Judge Denise L. Cote on 5/5/2022) (vfr)
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Filing 64
LETTER addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 5/4/2022 re: service on the Doe Defendants, request for approval of certain alternative means of service and allow Google until May 13, 2022 to complete these alternative methods of service on the Doe Defendants.. Document filed by Google LLC..(Harris, Laura)
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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. (nb)
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Filing 63
NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. By the date of the pretrial conference counsel for all parties are required to register as filing users in accordance with the Procedures for Electronic Case Filing. DATE AND PLACE OF CONFERENCE: JUNE 1, 2022 AT 2:30 P.M. IN COURTROOM 18B AT THE UNITED STATES COURTHOUSE, 500 PEARL STREET, NEW YORK, NEW YORK, 10007. Initial Conference set for 6/1/2022 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 4/27/2022) (ama)
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Filing 62
OPINION AND ORDER: re: #49 MOTION for Default Judgment as to Defendants. MOTION for Permanent Injunction Defendants filed by Google LLC, #57 MOTION to Set Aside Entry of Default filed by Dmitry Starovikov, Alexander Filippov, #43 MOTION New Briefing Schedule to file a Motion to Set Aside Entry of Default filed by Dmitry Starovikov, Alexander Filippov. The defendants' March 14 motion to set aside the entry of default is granted. The defendants' March 14 motion to dismiss is denied. Google's March 25 motion for default judgment is denied. (Signed by Judge Denise L. Cote on 4/27/2022) (ama)
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Filing 61
REPLY MEMORANDUM OF LAW in Opposition re: #57 MOTION to Set Aside Entry of Default. . Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Litvak, Igor)
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Filing 60
MEMORANDUM OF LAW in Opposition re: #57 MOTION to Set Aside Entry of Default. - Google LLC's Memorandum of Law in Opposition to Defendants Dmitry Starovikov and Alexander Filippov's Motion to Vacate the Entry of Default and to Dismiss and in Support of Google LLC's Motion For Default Judgment and Permanent Injunction. Document filed by Google LLC..(Harris, Laura)
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Filing 59
DECLARATION of Alexander Filippov in Support re: #57 MOTION to Set Aside Entry of Default.. Document filed by Alexander Filippov..(Litvak, Igor)
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Filing 58
DECLARATION of Dmitry Starovikov in Support re: #57 MOTION to Set Aside Entry of Default.. Document filed by Dmitry Starovikov..(Litvak, Igor)
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Filing 57
MOTION to Set Aside Entry of Default. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Memo of Law, #2 Exhibit 1).(Litvak, Igor)
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Filing 56
REPLY MEMORANDUM OF LAW in Support re: #49 MOTION for Default Judgment as to Defendants. MOTION for Permanent Injunction Defendants. . Document filed by Google LLC..(Harris, Laura)
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Filing 55
REPLY MEMORANDUM OF LAW in Support re: #47 MOTION to Set Aside Entry of Default. and in Opposition to Plaintiff's Motion for Default Judgment. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Litvak, Igor)
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Filing 54
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/1/22 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 53
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/1/2022 before Judge Denise L. Cote. 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 4/28/2022. Redacted Transcript Deadline set for 5/9/2022. Release of Transcript Restriction set for 7/6/2022..(Moya, Goretti)
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***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #50 Proposed Default Judgment was reviewed and approved as to form. (km)
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Filing 52
DECLARATION of Laura Harris in Opposition to Motion to Set Aside Default and in Support re: #49 MOTION for Default Judgment as to Defendants. MOTION for Permanent Injunction Defendants.. Document filed by Google LLC. (Attachments: #1 Exhibit 1- Complaint, #2 Exhibit 2 - Copies of Summonses, #3 Exhibit 3 - Motion for TRO Papers, #4 Exhibit 4 - Signed TRO & OSC, #5 Exhibit 5 - PI Order, #6 Exhibit 6 - Huntley Declaration with supporting documents, #7 Exhibit 7 - Bisbee Declaration, #8 Exhibit 8 - Harris Declaration and supporting documents, #9 Exhibit 9 - Scheduling Order, #10 Exhibit 10 - Request for Entry of Default, #11 Exhibit 11 - Clerk's Certificate of Default, #12 Exhibit 12 - Mr. Litvaks email, #13 Exhibit 13 - Transcript of 3/1/22 Conference, #14 Exhibit 14- Copies of Dont.farms communications with its customers on December 8, 2021 and December 10, 2021, #15 Exhibit 15 - Tass Article Google Filed a Lawsuit Against Two Russians Because of Possible Participation in a Criminal Scheme, (Dec. 7, 2021), #16 Exhibit 16 - BBC News Russia Article Two Russians and 15 Unknowns. Google Files Lawsuit Against Hackers Who Infected More than a Million Computers, (Dec. 8, 2021), #17 Exhibit 17 - Gazeta RU Article Google Accused the Russians of Infecting a Million Devices Worldwide with a Malicious Bot, ec. 7, 2021, #18 Exhibit 18 - Article Google Files Lawsuit Against Two Russian Hackers for Creating a Botnet That Steals User Data, NOVAYA GAZETA (Dec. 8, 2021), #19 Exhibit 19 - American Company Believes That Two Russians Infected Millions of Computers Worldwide with a Virus, TSARGRAD (Dec. 8, 2021), #20 Exhibit 20 - Google Suspected Two Citizens of the Russian Federation of Administering the Glupteba Botnet, RAPSI (Dec. 8, 2021), #21 Exhibit 21 - Google Notifies US Court of Blocking 97 Domains and IP Addresses in Glupteba Botnet Case, RAPSI (Feb. 1, 2022), #22 Exhibit 22- US Court May Consider Petition for Default Judgment in Glupteba Botnet Case, RAPSI (Feb. 11, 2022), #23 Exhibit 23 -Google Filed a Lawsuit Against Two Russians Because of Possible Participation in a Criminal Scheme, GOVORIT MOSKVA (Dec. 7, 2021), #24 Exhibit 24 - Google Accused the Russians of Infecting a Million Devices Worldwide with a Malicious Bot, MOSKOVSKAYA GAZETA (Dec. 7, 2021),, #25 Exhibit 25 - Google Sues Two Russians for Creating a Botnet That Infected More than a Million Windows PCs Worldwide, HABR (Dec. 7, 2021), #26 Exhibit 26 - Google Sued Two Russians. They Are Suspected of Managing a Botnet That Attacked Yandex, AFISHA DAILY (Dec. 8, 2021),, #27 Exhibit 27 - Google Is Suing a Group of Hackers for Creating a Botnet That Has Infected More than a Million Computers. Among the Accused Are Two Russians, ESQUIRE RUSSIA (Dec. 8, 2021), #28 Exhibit 28 - Google Accuses Russians of Infecting More than 1 Million Computers and Creating an Invincible Hacker System, RAMBLER (Dec. 8, 2021), #29 Exhibit 29 - Excerpted discussions on Black Hat World Forum from December 15, 2021, #30 Exhibit 30 - Cloud Account Service Dont.Farm Announced Its Closure, AFFTIMES (Dec. 13, 2021), #31 Exhibit 31 - Why Dont.farm and ExtraCard Closed, PROTRAFFIC (Dec. 13, 2021), #32 Exhibit 32 -Dont.farm and Extracard Are Closed: What Happened and What Should Affiliates Prepare For, CPA LIVE (Dec. 13, 2021),, #33 Exhibit 33 - True and correct copies of the relevant article, Hidden Miners in the Java Library and Googles Accusations, CRYPTO NEWS (Dec. 13, 2021),, #34 Exhibit 34 - Google Accuses Two Russians of Creating a Powerful Glupteba Botnet, ANTI-MALWARE (Dec. 8, 2021),, #35 Exhibit 35 - Google Sued 17 People, Including Two Russians, SECURITYLAB.RU (Dec. 8, 2021), #36 Exhibit 36 - Dont.farms black hat marketing brochure, accessed on November 2, 2021, #37 Exhibit 37 - AWMProxy.nets Proxies by Country page, accessed on November 2, 2021,, #38 Exhibit 38 - State Departments warning to United States citizens regarding their travel to Russia).(Harris, Laura)
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Filing 51
MEMORANDUM OF LAW in Support re: #49 MOTION for Default Judgment as to Defendants. MOTION for Permanent Injunction Defendants. GOOGLE LLCS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS DMITRY STAROVIKOV AND ALEXANDER FILIPPOVS MOTION TO VACATE THE ENTRY OF DEFAULT AND TO DISMISS AND IN SUPPORT OF GOOGLE LLCS MOTION FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION. Document filed by Google LLC..(Harris, Laura)
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Filing 50
PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Google LLC..(Harris, Laura) Proposed Default Judgment to be reviewed by Clerk's Office staff.
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Filing 49
MOTION for Default Judgment as to Defendants., MOTION for Permanent Injunction Defendants. Document filed by Google LLC..(Harris, Laura)
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Filing 48
MEMORANDUM OF LAW in Opposition re: #47 MOTION to Set Aside Entry of Default. GOOGLE LLCS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS DMITRY STAROVIKOV AND ALEXANDER FILIPPOVS MOTION TO VACATE THE ENTRY OF DEFAULT AND TO DISMISS AND IN SUPPORT OF GOOGLE LLCS MOTION FOR DEFAULT JUDGMENT AND PERMANENT INJUNCTION. Document filed by Google LLC..(Harris, Laura)
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Filing 49
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/1/22 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 48
TRANSCRIPT of Proceedings re: CONFERENCE held on 3/1/2022 before Judge Denise L. Cote. 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 4/13/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/21/2022..(Moya, Goretti)
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Filing 47
MOTION to Set Aside Entry of Default. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Memo of Law, #2 Filippov Declaration, #3 Starovikov Declaration, #4 Exhibit 1).(Litvak, Igor)
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Filing 46
ORDER: Having held a conference on March 1, 2022 regarding the schedule for the parties' cross-motions, it is hereby ORDERED that the defendants' motion to vacate the default is due March 14, 2022. Plaintiff's motion for default judgment and permanent injunction, and any opposition to defendants' motion is due March 25, 2022. Any opposition to plaintiff's motion, and any reply in support of defendants' motion to vacate the default is due April 8, 2022. Any reply in support of plaintiff's motion for default judgment and permanent injunction is due April 15, 2022. IT IS FURTHER ORDERED that at the time the motion papers are filed, the party shall supply Chambers with two (2) courtesy copies of the papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. ( Motions due by 3/25/2022., Responses due by 4/8/2022, Replies due by 4/15/2022.) (Signed by Judge Denise L. Cote on 3/1/2022) (vfr)
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Minute Entry for proceedings held before Judge Denise L. Cote: Telephone Conference held on 3/1/2022. (Court Reporter Steven Greenblum) (jwh)
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Filing 45
LETTER RESPONSE in Opposition to Motion addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 02/28/2022 re: #43 MOTION New Briefing Schedule to file a Motion to Set Aside Entry of Default., #41 MOTION New Briefing Schedule to file a Motion to Set Aside Entry of Default. Plaintiff respectfully requests that the Court deny Defendants' request to suspend the Court's Scheduling Order, or in the alternative, enter Google's proposed briefing schedule. Document filed by Google LLC..(Harris, Laura)
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Filing 44
ORDER: Having received the defendants' letter motion of February 25, 2022, it is hereby ORDERED that the parties shall appear in a conference to be held telephonically Tuesday, March 1, at 3:00 p.m. IT IS FURTHER ORDERED that the parties shall use the following dial-in instructions for the telephone conference. Dial-in: 888-363-4749 Access code: 4324948. The parties shall use a landline if one is available. ( Telephone Conference set for 3/1/2022 at 3:00 PM before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 2/25/2022) (vfr)
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Filing 43
MOTION New Briefing Schedule to file a Motion to Set Aside Entry of Default. Document filed by Alexander Filippov, Dmitry Starovikov. (Attachments: #1 Declaration, #2 Memo of Law).(Litvak, Igor)
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Filing 42
MEMO ENDORSEMENT denying without prejudice to renewal by formal motion #41 Motion New Briefing Schedule to file a Motion to Set Aside Entry of Default. ENDORSEMENT: In the future, letters to the Court may not exceed two pages. Any application to the Court should reflect that counsel has made a good faith effort to resolve the dispute with opposing counsel. This application is denied without prejudice to renewal upon a showing of consultation. (Signed by Judge Denise L. Cote on 2/25/2022) (vfr)
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Filing 41
MOTION New Briefing Schedule to file a Motion to Set Aside Entry of Default. Document filed by Alexander Filippov, Dmitry Starovikov..(Litvak, Igor)
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Filing 40
NOTICE OF APPEARANCE by Igor B Litvak on behalf of Alexander Filippov..(Litvak, Igor)
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Filing 39
NOTICE OF APPEARANCE by Igor B Litvak on behalf of Dmitry Starovikov..(Litvak, Igor)
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Filing 38
CLERK'S CERTIFICATE OF DEFAULT as to Dmitry Starovikov and Alexander Filippov.(km)
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Filing 37
NOTICE of Google LLC's Request for Entry of Default re: #36 Declaration in Support, #35 Proposed Clerk's Certificate of Default. Document filed by Google LLC..(Harris, Laura)
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Filing 36
DECLARATION of Laura Harris in Support re: #35 Proposed Clerk's Certificate of Default. Document filed by Google LLC..(Harris, Laura)
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Filing 35
PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Google LLC..(Harris, Laura) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 2/8/2022 (km).
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Filing 34
CERTIFICATE OF SERVICE of complaint and Exhibit A thereto, the summons, the Motion for a Temporary Restraining Order the Proposed TRO and Order to Show Cause Regarding a Preliminary Injunction, and all supporting evidence served on Defendants Alexander Filippov and Dmitry Starovikov on 12/9/2021. Service was made by Text Message (ECF Doc. 8). Document filed by Google LLC..(Harris, Laura)
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Filing 33
SCHEDULING ORDER: It is HEREBY ORDERED that Google LLC shall file the following documents on or before the following corresponding dates: Request for entry of default under Rule 55(a): February 7, 2022; Motion for default judgment under Rule 55(b) and permanent injunction: 21 Days After Any Entry of Default. It is so ORDERED this 1st day of February, 2022. (Signed by Judge Denise L. Cote on 2/1/2022) (vfr)
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Filing 32
LETTER addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 1/31/2022 re: Status update and request for approval of Proposed Scheduling Order. Document filed by Google LLC. (Attachments: #1 Exhibit A - Proposed Scheduling Order).(Harris, Laura)
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Filing 31
ORDER granting #29 Motion for Bethany L. Rupert to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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Filing 30
ORDER granting #27 Motion for Sumon S. Dantiki to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #29 MOTION for Bethany L. Rupert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25544696. 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 29
MOTION for Bethany L. Rupert to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25544696. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Google LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Rupert, Bethany)
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Filing 28
ORDER granting #26 Motion for David P. Mattern to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #27 MOTION for Sumon S. Dantiki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25539593. 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 27
MOTION for Sumon S. Dantiki to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25539593. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Google LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Dantiki, Sumon)
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>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #26 MOTION for David P. Mattern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25507291. 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 26
MOTION for David P. Mattern to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25507291. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Google LLC. (Attachments: #1 Affidavit, #2 Text of Proposed Order).(Mattern, David)
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Filing 25
TEMPORARY COURT ORDER & PRELIMINARY INJUNCTION ORDER BOND # 3495325 in the amount of $ 75,000.00 posted by Google LLC.(dt)
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Filing 24
DECLARATION of Laura Harris, Esq., plaintiffs' counsel, in Support re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,. Document filed by Google LLC. (Attachments: #1 Exhibit 1- Ex parte temporary restraining order and order to show cause to disrupt the Necurs botnet in Microsoft Corp. v. John Does 1-2, No. 1:20-cv-01217-LDH-RER (E.D.N.Y. 2020), #2 Exhibit 2- Ex parte temporary restraining order and order to show cause to disrupt the Dorkbot botnet in Microsoft Corp. v. John Does 1-5, No. 1:15-cv-06565-NGG-LB (E.D.N.Y. 2015)., #3 Exhibit 3 - Ex parte temporary restraining order and order to show cause to disrupt the Zeus botnet in Microsoft Corp. v. John Does 1-39, No. 1:12-cv-01335-SJ-RLM (E.D.N.Y. 2012)., #4 Exhibit 4 - Ex parte temporary restraining order and order to show cause to disrupt in FTC v. Pricewert LLC et al., Case No. 09-2407 (N.D. Cal. 2009), #5 Exhibit 5 - Copy of copy of the ICANN Registrar Accreditation Agreement, #6 Exhibit 6 - Copy of Uniform Domain Name Dispute Resolution Policy, #7 Exhibit 7 - Copy of Rules for Uniform Domain Name Dispute).(Harris, Laura)
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Filing 22
DECLARATION of Elizabeth A. Bisbee of Chainalysis Inc. in Support re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,. Document filed by Google LLC..(Harris, Laura)
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Filing 21
DECLARATION of Shane Huntley in Support (ECF Doc. 8) in Support re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,. Document filed by Google LLC. (Attachments: #1 Exhibit 1 - Dont.farm webpage dated 11/3/21, #2 Exhibit 2 - affbank webpage Dont.farm review, #3 Exhibit 3 - Dont.farm Google instructions, #4 Exhibit 4 - webpage https://dont.farm/technical as of November 22, 2021., #5 Exhibit 5 - webpage https://extracard.net as of November 2, 2021., #6 Exhibit 6 -webpage https://push.farm as of November 2, 2021,, #7 Exhibit 7 - webpage https://trafspin.com as archived by the WayBack Machine on March 2, 2021, #8 Exhibit 8 - webpage https://www.awmproxy.net as of November 2, 2021., #9 Exhibit 9 - webpage https://www.vd.net as of November 24, 2021, #10 Exhibit 10 - webpage https://abm.net as archived by the WayBack Machine on February 11, 2021., #11 Exhibit 11 - webpage https://trafspin.com/contacts as archived by the WayBack Machine on December 5, 2020, #12 Exhibit 12 - certificate of incorporation for Prestige-Media LLC., #13 Exhibit 13 - certified translation of the webpage https://career.habr.com/companies/qip as of November 14, 2021., #14 Exhibit 14 - certified translation of an extract for Investavto LLCs from Russias Uniform State Register of Legal Entities as of 11/3/21, #15 Exhibit 15 - certified translation of an extract for Valtron LLCs from Russias Uniform State Register of Legal Entities as of November 3, 2021, #16 Exhibit 16 - certified translation of a job posting for an Affiliate Manager, accessed on November 14, 2021, #17 Exhibit 17 - certified translation of a job posting for an iOS Developer, accessed on November 14, 2021,on employment-services.ru., #18 Exhibit 18 - certified translation of the webpage https://voltronwork.com as archived by the WayBack Machine on July 26, 2021, #19 Exhibit 19 - certified translation of the webpage https://undefined.team as archived by the WayBack Machine on June 17,2021., #20 Exhibit 20 - certified translation of a screenshot of a job posting for a Technical Director, posted on November 2, 2019., #21 Exhibit 21 - certified translation of a job posting for a HTML Coder, accessed on November 3, 2021, on moskva.jobfilter.ru., #22 Exhibit 22 - certified translations of reviews of Voltronwork.com on the websites ne.orabote.net, #23 Exhibit 23 - certified translations of reviews of Voltronwork.com on the websites detected-job.ru).(Harris, Laura)
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Filing 20
NOTICE of Proposed Ex Parte Temporary Restraining Order and Order To Show Cause Re: Preliminary Injunction (signed and unsealed ECF Doc. 8 re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,. Document filed by Google LLC..(Harris, Laura)
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Filing 19
MEMORANDUM OF LAW in Support re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,, #18 Notice (Other) - Googles Memorandum of Law in Support of Its Motion for a Temporary Restraining Order and Order to Show Cause. Document filed by Google LLC..(Harris, Laura)
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Filing 18
NOTICE of Motion for Temporary Restraining Order (Initially filed under seal on paper and granted) re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,. Document filed by Google LLC..(Harris, Laura)
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Filing 23
Minute Entry for proceedings held before Judge Denise L. Cote: Show Cause Hearing held on 12/16/2021. (Court Reporter Andrew Walker) (jwh)
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Filing 17
PRELIMINARY INJUNCTION ORDER:THE COURT HEREBY FINDS THAT: 1. This Court has federal-question jurisdiction over Google's claims under RICO, the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the Lanham Act under 28 U.S.C. 1331. This court also has jurisdiction over the Lanham Act and related state and common law unfair competition claims under 28 U.S.C. 1338, and 15 U.S.C. 1121. This court has supplemental jurisdiction over the state-law claims under 28 U.S.C. 1367, as further set forth herein. The Court finds that Google has established each of the factors required for a preliminary injunction: (1) irreparable harm; (2) a likelihood of success on the merits or a substantial question as to the merits; (3) the balance of hardships tips in Google's favor; and (4) a preliminary injunction serves the public interest, as further set forth herein. IT IS HEREBY ORDERED that Defendants, any of their officers, agents, servants, employees, attorneys, and all others in active concert or participation with them, who receive actual notice of this Order by personal service or otherwise including via email ("Restrained Parties"), are restrained and enjoined from, anywhere in the world: 1. Intentionally accessing and sending malicious code to Google and the protected computers of Google's customers, without authorization; 2. Sending malicious code to configure, deploy, and operate a botnet, as further set forth herein. IT IS FURTHER ORDERED that Google may serve this Order on the persons and entities providing services, including domain name registrars, name servers, web hosting services, and other internet service providers, relating to the domains and IP addresses identified by Google as connected to the Enterprise, its activities, or its botnet, requesting that those persons and entities take reasonable best efforts to implement the following actions, as further set forth herein. IT IS FURTHER ORDERED, that in accordance with Rule 64 of the Federal Rules of Civil Procedure, 15 U.S.C. 1116(a), Plaintiff's request for an accounting of profits pursuant to 15 U.S.C. 1117, and this Court's inherent equitable power to issue provisional remedies ancillary to its authority to provide final equitable relief, Defendants and their agents, representatives, successors or assigns, and all persons acting in concert or in participation with any of them, and any banks, savings and loan associations, credit card companies, credit card processing agencies, merchant acquiring banks, financial institutions, or other companies or agencies that engage in the processing or transfer of money and/or real or personal property, who receive actual notice of this order by personal service or otherwise, are, without prior approval of the Court, preliminarily enjoined from transferring, disposing of, or secreting any money, stocks, bonds, real or personal property, or other assets of Defendants or otherwise paying or transferring any money, stocks, bonds, real or personal property, or other assets to any of the Defendants, or into or out of any accounts associated with or utilized by any of the Defendants. IT IS FURTHER ORDERED that, until further order of this Court, Google may serve this Order upon such persons as Google determines are necessary to address and enjoin activity associated with domains and IP addresses identified by Google as being used in connection with the Enterprise, its activities and its botnet, without seeking further leave of the court. IT IS FURTHER ORDERED that Google's submission of the $75,000 bond to the Clerk satisfies the requirements of this Court's temporary restraining order. See ECF 8 at 16. The Clerk is directed to accept the bond. No additional bond is necessary. IT IS FURTHER ORDERED that Google shall file a status report on January 31, 2022. ( As further set forth in this Order.) So ordered. (Signed by Judge Denise L. Cote on 12/16/2021) (vfr) Transmission to Finance Unit (Cashiers) for processing. Modified on 12/16/2021 (vfr).
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Filing 16
CERTIFICATE OF SERVICE of Order Adjourning Plaintiff Google LLCs Motion for a Preliminary Injunction (Dkt. 12) served on Defendants Dmitry Starovikov and Alexander Filippov on 12/10/2021. Service was made by FedEx International Priority. Document filed by Google LLC..(Harris, Laura)
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Filing 15
CERTIFICATE OF SERVICE of Complaint (Dkt. 5), Appendix A to the Complaint (Dkt. 5-1), Google LLCs Rule 7.1 Disclosure Statement (Dkt. 7), the Ex Parte Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction (Dkt. 8), etc. served on Defendants Dmitry Starovikov and Alexander Filippov on 12/8/2021. Service was made by FedEx International Priority. Document filed by Google LLC..(Harris, Laura)
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Filing 14
LETTER addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 12/14/2021 re: three issues related to the Court's December 2, 2021 temporary restraining order and the preliminary injunction hearing scheduled for Thursday, December 16, 2021 including a proposed Preliminary Injunction Order. Document filed by Google LLC. (Attachments: #1 Proposed Order).(Harris, Laura)
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Filing 13
ORDER granting #9 Letter Motion to Seal. Granted. (Signed by Judge Denise L. Cote on 12/10/2021) (tg)
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Filing 12
ORDER: IT IS HEREBY ORDERED that the hearing on the plaintiff's motion for a preliminary injunction, currently scheduled to occur on December 16 at 10 am in Courtroom 18B, 500 Pearl Street, is adjourned to 1 pm. IT IS FURTHER ORDERED that the plaintiff shall serve a copy of this Order on the defendants. (Show Cause Hearing set for 12/16/2021 at 01:00 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 12/10/2021) (jca)
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Filing 11
DECLARATION of Shane Huntley in Support of Order to Show Cause (REDACTED) in Support re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,, #10 Declaration in Support,. Document filed by Google LLC..(Harris, Laura)
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Filing 10
***SELECTED PARTIES***DECLARATION of Shane Huntley in Support of Order to Show Cause (UNREDACTED) in Support re: #8 Order to Show Cause,,,,,,,,,,,, Set Deadlines,,,,,,,,,,,. Document filed by Google LLC. Motion or Order to File Under Seal: #9 .(Harris, Laura)
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Filing 9
LETTER MOTION to Seal unredacted Declaration of Shane Huntley in Support of Order to Show Cause addressed to Judge Denise L. Cote from Laura Harris, Esq. dated 12/8/2021. Document filed by Google LLC..(Harris, Laura)
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Filing 8
EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION filed by Google LLC. THE COURT HEREBY FINDS THAT: 1. This Court has federal-question jurisdiction over Google's claims under RICO, the Computer Fraud and Abuse Act, the Electronic Communications Privacy Act, and the Lanham Act under 28 U.S.C. 1331. This court also has jurisdiction over the Lanham Act and related state and common law unfair competition claims under 28 U.S.C. 1338, and 15 U.S.C. 1121. This court has supplement jurisdiction over the state-law claims under 28 U.S.C. 1367. As further set forth herein. IT IS HEREBY ORDERED that Defendants, any of their officers, agents, servants, employees, attorneys, and all others in active concert or participation with them, who receive actual notice of this Order by personal service or otherwise ("Restrained Parties"), are restrained and enjoined, pending a hearing on an order to show cause, from, anywhere in the world: 1. Intentionally accessing and sending malicious code to Google and the protected computers of Google's customers, without authorization;2. Sending malicious code to configure, deploy, and operate a botnet, as further set forth herein. IT IS FURTHER ORDERED that Defendants, their representatives and persons who are in active concert or participation with them are temporarily restrained and enjoined from: 1. Using and infringing Google's trademarks, including specifically Google's YouTube mark, as further set forth herein. IT IS FURTHER ORDERED that Google may amend Appendix A to its complaint if it identifies other domains and IP addressed use by Defendants in connection with the Enterprise. IT IS FURTHER ORDERED that Google shall post bond in the amount of $75,000 to be paid to the Court registry. IT IS FURTHER ORDERED, pursuant to Federal Rule of Civil Procedure 65(b), that the Defendants shall appear before this Court in Courtroom 18B on December 16, 2021, at 10:00 a.m. to show cause, if there is any, why this Court should not enter Preliminary Injunction, pending final ruling on the Complaint against the Defendants, enjoining them from the conduct temporarily restrained by the preceding provisions of this Order. Any opposition to this motion is due December 13, 2021. This order expires 14 days after entry.( As further set forth in this Order.) So ordered. ( Show Cause Hearing set for 12/16/2021 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.), ( Responses due by 12/13/2021) (Signed by Judge Denise L. Cote on 12/2/2021) *** Previously filed under seal in envelope #3, and unsealed by docket entry #4 . (vfr) Transmission to Finance Unit (Cashiers) for processing.
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Filing 7
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent XXVI Holdings Inc., Corporate Parent Alphabet Inc. - Holding Company of XXVI Holdings Inc. for Google LLC. Document filed by Google LLC. *** Previously filed under seal in envelope #2, and unsealed by docket entry #4 . *** (vfr)
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Filing 6
CIVIL COVER SHEET filed. *** Previously filed under seal in envelope #2, and unsealed by docket entry #4 . *** (vfr) Modified on 12/8/2021 (vfr).
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Filing 5
COMPLAINT against Alexander Filippov, Dmitry Starovikov, Does 1-15. Document filed by Google LLC. (Attachments: #1 Appendix A) *** Previously filed under seal in envelope #2, and unsealed by docket entry #4 . *** (vfr)
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Filing 4
ORDER.WHEREAS, the Court, being advised by counsel for Plaintiff that it is no longer necessary to maintain this matter under seal; WHEREAS, the Court, being advised by counsel for Plaintiff that it is no longer necessary to proceed under an anonymized caption; it is hereby ORDERED, that this case is unsealed in its entirety; ORDERED, that the Clerk of Court add Plaintiff Google LLC and Defendants Dmitry Starovikov, Alexander Filippov, and Does 1-15 to the caption of this case; IT IS FURTHER ORDERED, that all papers filed heretofore will be posted electronically on the Courts ECF system.(Signed by Judge Denise L. Cote on 12/06/2021)(jus)
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Filing 3
SEALED DOCUMENT placed in vault..(jus)
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Filing 2
SEALED DOCUMENT placed in vault.(nmo)
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Victor Marrero on 12/02/2021) (nmo)
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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. (nmo)
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