Alta Partners, LLC v. Getty Images Holdings, Inc.
| Alta Partners, LLC |
| Getty Images Holdings, Inc. |
| CRCM INSTITUTIONAL MASTER FUND (BVI) LTD. and CRCM SPAC OPPORTUNITY FUND LP |
| 1:2022cv08916 |
| October 19, 2022 |
| US District Court for the Southern District of New York |
| Jed S Rakoff |
| Contract: Other |
| 28 U.S.C. § 1332 bc Diversity-Breach of Contract |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 22, 2023. A more recent docket listing may be available from PACER.
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Filing 77
NOTICE OF APPEAL from #75 Clerk's Judgment,,,, #74 Memorandum & Opinion,,,,,. Document filed by Getty Images Holdings, Inc.. Filing fee $ 505.00, receipt number ANYSDC-28608798. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit..(Neuwirth, John)
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Filing 76
SUPERSEADEAS BOND # SURU2210000576, 019090323, SUR0078427 in the amount of $ 45,349,013.00 posted. (laq)
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Filing 75
CLERK'S JUDGMENT re: #74 Memorandum & Opinion in favor of Alta Partners, LLC against Getty Images Holdings, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated October 26, 2023, The Court grants summary judgment for Alta and CRCM on Count I of their respective Amended Complaints. Getty is liable to Alta for $36,946,713 in damages, plus prejudgment interest to be calculated by the Clerk of 9% per annum beginning on August 24, 2022 adding up to 3,908,253.67. Getty is liable to CRCM for $51,000,000 in damages, plus prejudgment interest of 9% per annum. The Court will determine the commencement date of CRCM's prejudgment interest after receiving a submission from CRCM, to be filed no later than one week after entry of this Opinion and Order, that states how much of its damages occurred on August 22, 2022 and how much of its damages occurred on August 23, 2022. Accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 10/27/2023) (Attachments: #1 Appeal Package) (tp)
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Filing 74
OPINION AND ORDER re: (32 in 1:23-cv-01074-JSR) MOTION for Summary Judgment . filed by CRCM SPAC Opportunity Fund LP, CRCM Institutional Master Fund (BVI) Ltd., (54 in 1:22-cv-08916-JSR) MOTION for Partial Summary Judgment . filed by Alta Partners, LLC. The Court grants summary judgment for Alta and CRCM on Count I of their respective Amended Complaints. Getty is liable to Alta for $36,946,713 in damages, plus prejudgment interest to be calculated by the Clerk of 9% per annum beginning on August 24, 2022. Getty is liable to CRCM for $51,000,000 in damages, plus prejudgment interest of 9% per annum. The Court will determine the commencement date of CRCM's prejudgment interest after receiving a submission from CRCM, to be filed no later than one week after entry of this Opinion and Order, that states how much of its damages occurred on August 22, 2022 and how much of its damages occurred on August 23, 2022. For Case Number 22-cv-8916, the Clerk is respectfully directed to close document 54 on the docket, enter final judgment, and close the case. For Case Number 23-cv-1074, the Clerk is respectfully directed to close document 32 on the docket. SO ORDERED. (Signed by Judge Jed S. Rakoff on 10/26/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing 73
DECLARATION of Evert J. Christensen, Jr. in Support re: #47 Notice (Other). Document filed by Getty Images Holdings, Inc.. (Attachments: #1 Exhibit 76 - Li-Cycle Holdings Form F-1, #2 Exhibit 77 - Charles Whitehead Deposition Transcript with Errata, #3 Exhibit 78 - Chin Chu Deposition Transcript).(Neuwirth, John)
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Filing 72
REPLY re: #66 Counter Statement to Rule 56.1 Plaintiff Alta Partners, LLC's Statement of Additional Undisputed Material Facts. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 71
REPLY MEMORANDUM OF LAW in Support re: #47 Notice (Other) of Motion for Summary Judgment. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 70
DECLARATION of Max Tanner in Support re: #54 MOTION for Partial Summary Judgment .. Document filed by Alta Partners, LLC. (Attachments: #1 Exhibit 80 - August 9, 2022 Getty Images Form S-1, #2 Exhibit 81 - July 23, 2020 CCNB Form S-1, #3 Exhibit 82 - July 1, 2022 CCNB Proxy Statement and Prospectus).(Sher, Justin)
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Filing 69
REPLY re: #63 Counter Statement to Rule 56.1 Getty Image's Statement of Additional Facts. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 68
REPLY MEMORANDUM OF LAW in Support re: #54 MOTION for Partial Summary Judgment . . Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 67
DECLARATION of Max Tanner in Opposition re: #47 Notice (Other). Document filed by Alta Partners, LLC. (Attachments: #1 Exhibit 50 - Deposition Transcript of Steven Cohen, #2 Exhibit 51 - Deposition Transcript of Charles K. Whitehead, #3 Exhibit 52 - Deposition Transcript of Barry Grama, #4 Exhibit 53 - March 29, 2021 Li-Cycle Form F-4, #5 Exhibit 54 - April 27, 2021 SEC Comment Letter to Li-Cycle, #6 Exhibit 55 - May 13, 2021 Li-Cycle Response Letter to SEC, #7 Exhibit 56 - September 20, 2021 email chain re Bakkt warrants, #8 Exhibit 57 - February 14, 2022 email chain re Tritium warrants, #9 Exhibit 58 - February 14, 2022 email chain re Tritium warrants, #10 Exhibit 59 - May 3, 2022 email chain re Satellogic warrants, #11 Exhibit 60 - October 24, 2022 email chain re Granite Ridge warrants, #12 Exhibit 61 - December 22, 2022 email chain re ECARX warrants, #13 Exhibit 62 - February 27, 2023 email chain re Moolec Science warrants, #14 Exhibit 63 - October 24, 2022 email chain re Amprius warrants, #15 Exhibit 64 - August 10, 2022 email chain re Gorilla Technology warrants, #16 Exhibit 65 - May 17, 2023 email chain re Lifezone Metals warrants, #17 Exhibit 66 - September 30, 2021 email chain re Cipher Mining warrants, #18 Exhibit 67 - September 29, 2021 email chain re Li-Cycle warrants, #19 Exhibit 68 - September 23, 2021 email chain re Nexters warrants, #20 Exhibit 69 - October 12, 2021 email chain re Vicarious Surgical warrants, #21 Exhibit 70 - September 30, 2021 email chain re Shapeways warrants, #22 Exhibit 71 - January 25, 2023 email chain re Alvarium Tiedemann warrants, #23 Exhibit 72 - February 17, 2023 email chain re Movella warrants, #24 Exhibit 73 - November 9, 2022 email chain between Alta and Clear Street, CS138141, #25 Exhibit 74 - Deposition Transcript of Professor Daniel R. Fischel, #26 Exhibit 75 - Deposition Transcript of Chinh Chu, #27 Exhibit 76 - August 9, 2022 Getty Form S-1 Filing Fees Exhibit, #28 Exhibit 77 - August 9, 2022 Getty Form S-1, #29 Exhibit 78 - June 29, 2022 Getty Form S-4A, #30 Exhibit 79 - July 7, 2023 Huber Rebuttal Report).(Sher, Justin)
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Filing 66
COUNTER STATEMENT TO #52 Rule 56.1 Statement. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 65
MEMORANDUM OF LAW in Opposition re: #47 Notice (Other) Getty Images Motion for Summary Judgment. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 64
DECLARATION of Evert J. Christensen, Jr. in Opposition re: #54 MOTION for Partial Summary Judgment .. Document filed by Getty Images Holdings, Inc.. (Attachments: #1 Exhibit 1 - SEC Form S-4 Registration Statement, #2 Exhibit 2 - Adoption of Integrated Disclosure Sys., Sec. Act Release No. 6383, #3 Exhibit 3 - SEC Financial Reporting Manual, #4 Exhibit 4 - SEC C&DI 125.02, #5 Exhibit 5 - SEC C&DI 139.01, #6 Exhibit 6 - 08-30-22 SEC Comment Letter for Getty Images Form S-1, #7 Exhibit 7 - 08-04-20 CCNB II Form 8-K, #8 Exhibit 8 - 09-18-20 CCNB II Form 8-K, #9 Exhibit 9 - 08-17-21 Big Cypress Form S-4, #10 Exhibit 10 - 12-02-21 SAB Biotherapeutics Form S-1, #11 Exhibit 11 - 12-09-21 CCNB II Business Combination Agreement, #12 Exhibit 12 - 06-29-22 Vector Holding Form S-4A, #13 Exhibit 13 - 07-28-22 Getty Images Form 8-K, #14 Exhibit 14 - 08-09-22 Getty Images Form S-1, #15 Exhibit 15 - 08-10-22 Ventoux CCM Form S-4, #16 Exhibit 16 - 09-02-22 Getty Images Form S-1A, #17 Exhibit 17 - 12-16-22 Presto Automation Form S-1A, #18 Exhibit 18 - Steven Cohen Dep. Trans., #19 Exhibit 19 - C. Paul Wazzan Dep. Trans., #20 Exhibit 20 - Craig Peters Dep. Trans., #21 Exhibit 21 - Nilimp Bhatt Dep. Trans., #22 Exhibit 22 - Jennifer Leyden Dep. Trans., #23 Exhibit 23 - Skaaren Cosse Dep. Trans., #24 Exhibit 24 - 06-06-22 Email from S. Gulati to C. Wang, #25 Exhibit 25 - 06-29-22 Email from S. Gulati to B. Meany, #26 Exhibit 26 - 07-26-22 Email from M. Chisick to J. Levendoski, #27 Exhibit 27 - 08-09-22 Email from J. Leyden to C. Hoel, #28 Exhibit 28 - 08-10-22 Email from W. Seabaugh to B. Bernstein, #29 Exhibit 29 - 08-11-22 Email from J. Leyden to T. ONeill, #30 Exhibit 30 -08-16-22 Email from J. Leyden to Alta, #31 Exhibit 31 - 08-23-22 Email from S. Cohen to J. Leyden, #32 Exhibit 32 - 08-29-22 Email from S. Cohen to Weil, #33 Exhibit 33 - 09-02-22 Email from L. Grama to S. Cohen, #34 Exhibit 34 - 09-09-22 Email from D. Freeman to C. Post, #35 Exhibit 35 - 09-12-22 Email from S. Cohen to M. Getty, #36 Exhibit 36 - 09-15-22 Email from S. Cohen to M. Getty, #37 Exhibit 37 - 10-19-22 Email from B. Grama to S. Cohen, #38 Exhibit 38 - 09-08-22 Skype Messages between S. Cohen and J. Wicks, #39 Exhibit 39 - 09-08-22 Text Messages between S. Cohen and J. Berland, #40 Exhibit 40 - C. Paul Wazzan Expert Report, #41 Exhibit 41 - Daniel Fischel Expert Rebuttal Report, #42 Exhibit 42 - C. Paul Wazzan Corrected Rebuttal Report, #43 Exhibit 43 - CRCM v. Getty Images Amended Complaint, #44 Exhibit 44 - 06-16-22 Bloomberg Article, #45 Exhibit 45 - Bloomberg GETY and GETY_WS Historical Trading Data, #46 Exhibit 46 - Nasdaq GETY Historical Data, #47 Exhibit 47 - 08-11-22 Benchmark Report, #48 Exhibit 48 - 08-17-22 Citi Report, #49 Exhibit 49 - 08-25-22 Redburn Report, #50 Exhibit 50 - 09-20-22 Macquarie Report, #51 Exhibit 51 - 09-29-22 Goldman Sachs Report, #52 Exhibit 52 - 11-14-22 Goldman Sachs Report, #53 Exhibit 53 - 11-15-22 Citi Report, #54 Exhibit 54 - 11-23-22 Redburn Report).(Neuwirth, John)
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Filing 63
COUNTER STATEMENT TO #56 Rule 56.1 Statement. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 62
MEMORANDUM OF LAW in Opposition re: #54 MOTION for Partial Summary Judgment . . Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 61
DECLARATION of John Oleon in Support re: #54 MOTION for Partial Summary Judgment .. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 60
DECLARATION of Andrew Volz in Support re: #54 MOTION for Partial Summary Judgment .. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 59
DECLARATION of C. Paul Wazzan in Support re: #54 MOTION for Partial Summary Judgment .. Document filed by Alta Partners, LLC. (Attachments: #1 Exhibit A - Wazzan Expert Report, #2 Exhibit B - Wazzan Rebuttal Report, #3 Exhibit C - Wazzan Corrected Rebuttal Report, #4 Exhibit D - Wazzan Supplemental Report).(Sher, Justin)
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Filing 58
DECLARATION of Walter Van Dorn in Support re: #54 MOTION for Partial Summary Judgment .. Document filed by Alta Partners, LLC. (Attachments: #1 Exhibit A - Van Dorn Expert Report, #2 Exhibit B - Van Dorn Rebuttal Report).(Sher, Justin)
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Filing 57
DECLARATION of Max Tanner in Support re: #54 MOTION for Partial Summary Judgment .. Document filed by Alta Partners, LLC. (Attachments: #1 Exhibit 1 - Deposition Transcript of Steven Cohen, #2 Exhibit 2 - Deposition Transcript of Barry Grama, #3 Exhibit 3 - Deposition Transcript of Dr. Paul Wazzan, #4 Exhibit 4 - January 18, 2022 Vector Holdings, LLC Form S-4, #5 Exhibit 5 - Warrant Agreement, #6 Exhibit 6 - July 15, 2020 CCNB Form S-1, #7 Exhibit 7 - August 9, 2022 Getty Form S-1, #8 Exhibit 8 - June 30, 2022 S-4 Notice of Effectiveness, #9 Exhibit 9 - April 22, 2022 Vector Holdings, LLC S-4 Filing Fees Exhibit, #10 Exhibit 10 - Getty Responses to Alta Requests for Admissions, #11 Exhibit 11 - Getty Responses to CRCM Requests for Admissions, #12 Exhibit 12 - Expert Report of J. Huber, #13 Exhibit 13 - June 27, 2022 Kirkland & Ellis S-4 Opinion Letter, #14 Exhibit 14 - Expert Report of C. Whitehead, #15 Exhibit 15 - July 22, 2022 Getty Form 8-A12B, #16 Exhibit 16 - NYSE Approval for Listing for Getty, #17 Exhibit 17 - Deposition Transcript of Craig Peters, #18 Exhibit 18 - Deposition Transcript of Jennifer Leyden, #19 Exhibit 19 - July 19, 2022 email from K. Kellough to T. O'Neill, GETTY_IMAGES_00181418, #20 Exhibit 20 - Warrant Assignment, Assumption and Amendment Agreement, #21 Exhibit 21 - Getty Stock Price Data, Bloomberg L.P., #22 Exhibit 22 - C. Peters Yahoo Interview Transcript, Peters Exhibit 25, #23 Exhibit 23 - August 17, 2022 email from J. Leyden to P. Maxwell, M. Harris, GETTY_IMAGES_00232957, #24 Exhibit 24 - August 9, 2022 email from J. Leyden to C. Hoel, GETTY_IMAGES_00032307, #25 Exhibit 25 - July 29, 2022 email from J. Leyden to Alta, ALTA-GETTY_00038267, #26 Exhibit 26 - July 29, 2022 email from Getty Investor Relations to J. Chan, GETTY_IMAGES_00216514, #27 Exhibit 27 - August 2, 2022 email from Getty Investor Relations to K. Sougene, GETTY_IMAGES_00266668, #28 Exhibit 28 - August 12, 2022 email from Getty Investor Relations to CP Yuen, CRCM-GETTY00006619, #29 Exhibit 29 - September 16, 2022 email from Getty Investor Relations to J. Lapp, GETTY_IMAGES_00216426, #30 Exhibit 30 - August 9, 2022 email from O. McNerney to C. Peters, J. Leyden, GETTY_IMAGES_00195163, #31 Exhibit 31 - September 2, 2022 Getty S-1 Filing Fees Exhibit, #32 Exhibit 32 - August 24, 2022 email from Alta to M. Mullings, ALTA-GETTY_00050388, #33 Exhibit 33 - August 24, 2022 email from S. Hogan to K. Kellough, GETTY_IMAGES_00201260, #34 Exhibit 34 - August 24, 2022 email from S. Hogan to Alta, ALTA-GETTY_00091099, #35 Exhibit 35 - August 24, 2022 email from H. Emmel to S. Cohen, ALTA-GETTY_00091104, #36 Exhibit 36 - August 26, 2022 Getty Form 8-K, #37 Exhibit 37 - August 31, 2022 Getty Form 4s, #38 Exhibit 38 - Getty Board of Directors Unanimous Written Consent, GETTY_IMAGES_00213388, #39 Exhibit 39 - September 15, 2022 S-1 Notice of Effectiveness, #40 Exhibit 40 - September 19, 2022 Getty Form 8-K, #41 Exhibit 41 - October 18, 2022 Clear Street letter to AST, ALTA-GETTY_00092697, #42 Exhibit 42 - October 19, 2022 Clear Street letter to AST, ALTA-GETTY_00094906, #43 Exhibit 43 - AST Direct Registration Transaction Information and Account Summary for Alta, AST00008019, #44 Exhibit 44 - Cede & Co authorization to Clear Street, #45 Exhibit 45 - Clear Street authorization to Alta, #46 Exhibit 46 - September 30, 2022 Getty Form 10-Q, #47 Exhibit 47 - Deposition Transcript of Skaaren Cosse, #48 Exhibit 48 - August 23, 2022 email from J. Leyden to C. Peters, K. Kellough, T. O'Neill, GETTY_IMAGES_00201819, #49 Exhibit 49 - August 12, 2022 email from P. Maxwell to J. Klein, GETTY_IMAGES_00210801).(Sher, Justin)
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Filing 56
RULE 56.1 STATEMENT. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 55
MEMORANDUM OF LAW in Support re: #54 MOTION for Partial Summary Judgment . . Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 54
MOTION for Partial Summary Judgment . Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 53
DECLARATION of Evert J. Christensen, Jr. in Support re: #47 Notice (Other). Document filed by Getty Images Holdings, Inc.. (Attachments: #1 Exhibit 1 - SEC Form S-4 General Instructions, #2 Exhibit 2 - 09/21/20 SEC C&DI 125.02, #3 Exhibit 3 - 11/13/20 SEC C&DI 139.01, #4 Exhibit 4 - 07/23/20 Excerpt of CCNB II Form S-1A, #5 Exhibit 5 - 08/04/20 CCNB II Form 8-K, #6 Exhibit 6 - 08/04/20 CCNB II Warrant Agreement, #7 Exhibit 7 - 07/30/20 CCNB II Letter Agreement, #8 Exhibit 8 - 09/18/20 CCNB II Form 8-K, #9 Exhibit 9 - 12/10/21 CCNB II Form 8-K, #10 Exhibit 10 - 12/09/21 CCNB II Business Combination Agreement, #11 Exhibit 11 - 12/09/21 CCNB II Stockholders Agreement, #12 Exhibit 12 - 01/18/22 Excerpt of Vector Holding Form S-4, #13 Exhibit 13 - 03/15/22 Excerpt of Vector Holding Form S-4A, #14 Exhibit 14 - 04/22/22 Excerpt of Vector Holding Form S-4A, #15 Exhibit 15 - 06/13/22 Excerpt of Vector Holding Form S-4A, #16 Exhibit 16 - 06/27/22 Excerpt of Vector Holding Form S-4A, #17 Exhibit 17 - 06/29/22 Excerpt of Vector Holding Form S-4A, #18 Exhibit 18 - 06/30/22 SEC Notice of Effectiveness of Form S-4, #19 Exhibit 19 - 07/01/11 Excerpt of Vector Holding Proxy Statement, #20 Exhibit 20 - 07/20/22 CCNB II Form 8-K, #21 Exhibit 21 - 07/22/22 Getty Images Form 8-A, #22 Exhibit 22 - 07/28/22 Getty Images Form 8-K, #23 Exhibit 23 - 07/22/22 Getty Images Warrant Assignment Assumption and Amendment Agreement, #24 Exhibit 24 - 08/09/22 Excerpt of Getty Images Form S-1, #25 Exhibit 25 - 08/26/22 Getty Images Form 8-K, #26 Exhibit 26 - 08/31/22 Chin Chu Form 4, #27 Exhibit 27 - 08/31/22 Neuberger Berman Form 4, #28 Exhibit 28 - 09/02/22 Excerpt of Getty Images Form S-1A, #29 Exhibit 29 - 09/15/22 SEC Notice of Effectiveness of Form S-1, #30 Exhibit 30 - 09/19/22 Getty Images Form 8-K, #31 Exhibit 31 - 10/19/22 NYSE Form 25, #32 Exhibit 32 - 11/14/22 Excerpt of Getty Images Form 10-Q, #33 Exhibit 33 - 08/10/23 Excerpt of Steven Cohen Dep. Trans., #34 Exhibit 34 - 08/18/23 Excerpt of C. Paul Wazzan Dep. Trans., #35 Exhibit 35 - 08/10/23 Excerpt of Craig Peters Dep. Trans., #36 Exhibit 36 - 07/22/22 Letter from Getty Images to AST, #37 Exhibit 37 - 07/28/22 Email from S. Kubica to S. Cohen, #38 Exhibit 38 - 07/29/22 Email from J. Leyden to Alta, #39 Exhibit 39 - 08/15/22 Email from S. Cohen to J. Vencil, #40 Exhibit 40 - 08/16/22 Email from J. Leyden to Alta, #41 Exhibit 41 - 08/23/22 Email from S. Cohen to J. Leyden, #42 Exhibit 42 - 08/24/22 Email from S. Hogan to Alta, #43 Exhibit 43 - 09/28/22 Email from Alta to S. Cohen, #44 Exhibit 44 - 08/29/22 Email from S. Cohen to Weil, #45 Exhibit 45 - 09/07/22 Email from Alta to J. Conte, #46 Exhibit 46 - 09/08/22 Email from S. Hogan to Alta, #47 Exhibit 47 - 09/12/22 Email from S. Cohen to M. Getty, #48 Exhibit 48 - 09/15/22 Email from S. Cohen to M. Getty, #49 Exhibit 49 - 09/16/22 Email from Weil to K. Kellough, #50 Exhibit 50 - 09/20/22 Email from D. Zappia to S. Cohen, #51 Exhibit 51 - 10/03/22 Email from D. Zappia to S. Cohen, #52 Exhibit 52 - 10/10/22 Email from D. Zappia to S. Cohen, #53 Exhibit 53 - 10/19/22 Email from B. Grama to S. Cohen, #54 Exhibit 54 - 07/28/22 Text Messages between S. Cohen and S. Kubica, #55 Exhibit 55 - 07/28/22 Text Messages between S. Cohen and J. Berland, #56 Exhibit 56 - 07/29/22 Text Messages between S. Cohen and Alta, #57 Exhibit 57 - 07/29/22 Text Messages between S. Cohen and J. Berland, #58 Exhibit 58 - 08/01/22 Text Messages between S. Cohen and Alta, #59 Exhibit 59 - 08/02/22 Text Messages between S. Cohen and J. Berland, #60 Exhibit 60 - 10/19/22 Text Messages between S. Cohen and Alta, #61 Exhibit 61 - 05/19/23 C. Paul Wazzan Expert Report, #62 Exhibit 62 - 05/19/23 Walter Van Dorn Expert Report, #63 Exhibit 63 - 06/09/23 Daniel Fischel Expert Report, #64 Exhibit 64 - 06/09/23 Charles Whitehead Expert Report, #65 Exhibit 65 - 07/06/23 C. Paul Wazzan Corrected Rebuttal Report, #66 Exhibit 66 - 07/06/23 Walter Van Dorn Expert Rebuttal Report, #67 Exhibit 67 - 07/28/23 Charles Whitehead Expert Surrebuttal Report, #68 Exhibit 68 - 03/20/23 CRCM v. Getty Images Amended Complaint, #69 Exhibit 69 - 03/29/23 Alta v. Forge Global Complaint, #70 Exhibit 70 - 06/16/23 Alta v. Satixfy Complaint, #71 Exhibit 71 - 07/29/22 InvestorPlace "Getty Images Rockets 200% After SPAC Merger", #72 Exhibit 72 - 08/12/22 InvestorPlace "Is Getty Images Stock an Exception Among SPACs?", #73 Exhibit 73 - 06/09/23 Bloomberg GETY and GETY_WS Historical Trading Data, #74 Exhibit 74 - 08/08/23 Nasdaq GETY Historical Stock Price Data, #75 Exhibit 75 - 09/10/23 Alta Website Homepage, #76 Proposed Order granting Motion for Summary Judgment).(Neuwirth, John)
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Filing 52
RULE 56.1 STATEMENT. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 51
MEMORANDUM OF LAW in Support re: #47 Notice (Other) of Motion for Summary Judgment. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/7/2023, with counsel for all parties present and without transcription or recording. The parties may file summary judgment papers with personal identifying information redacted. The parties are directed to send unredacted versions by email to chambers. **. (Kotowski, Linda)
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Filing 50
NOTICE OF APPEARANCE by Ryan C. Mullally on behalf of CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Mullally, Ryan)
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Filing 49
NOTICE of Motion for Summary Judgment. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 48
NOTICE of Motion for Summary Judgment. Document filed by CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP. Filed In Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-JSR.(Rakower, Michael)
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Filing 47
NOTICE of Motion for Summary Judgment. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 46
MEMORANDUM ORDER: terminating #41 Letter Motion for Discovery; terminating #42 Letter Motion for Discovery. By no later than Thursday, September 7, 2 023, the parties must serve to each other revised privilege logs in accordance with the Court's rulings and must produce any previously withheld or redacted documents that are not privileged or otherwise protected work product. It is expected that in making such revisions and productions, Alta will take a narrower view of work product than previously, and will, for example, produce all emails not directed to counsel, unless they expressly and unambiguously discuss litigation strategy. The Clerk of the Court is directed to closedocuments numbered 41 and 42 on the docket of this case. SO ORDERED.. (Signed by Judge Jed S. Rakoff on 9/05/2023) (ama)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Telephone Conference set for 8/28/2023 at 05:30 PM before Judge Jed S. Rakoff. The public may access this proceeding by dialing :USA toll free 888-363-4735, international caller paid 215-446-3657, Access code 1086415 (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: The telephone conference previously scheduled for today, August 28, at 5:30pm is adjourned. Each party is directed to submit by Wednesday, August 31, at 4:00pm ex parte, for in camera review, all of the challenged documents it has withheld on privilege or work product doctrine grounds. The Court will then issue a ruling on the challenges, at which point it will address any impact the ruling may have on the discovery deadlines.
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Filing 45
NOTICE OF APPEARANCE by Danielle Lauren Rose on behalf of CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Rose, Danielle)
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Filing 44
NOTICE OF APPEARANCE by Jay Y Mandel on behalf of CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Mandel, Jay)
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Filing 43
NOTICE OF APPEARANCE by Kelly Spatola on behalf of CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Spatola, Kelly)
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Filing 42
MOTION for Discovery REDACTED (PUBLIC VERSION). Document filed by CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Rakower, Michael)
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Filing 41
***SELECTED PARTIES*** MOTION for Discovery . Document filed by CRCM SPAC OPPORTUNITY FUND LP, CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., Alta Partners, LLC, Getty Images Holdings, Inc..Motion or Order to File Under Seal: #37 .(Rakower, Michael)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/24/2023, without transcription or recording. Counsel for all parties was present. Plaintiffs may submit to the Court, by no later than 9:00am tomorrow morning, a letter brief not to exceed 10 single-spaced pages detailing their arguments for their objections to Defendants privilege designations. Defendant may submit a response by 9:00am on Saturday, August 26, also not to exceed 10 single-spaced pages. No reply or oral argument is necessary. In addition, by 9:00am on Saturday, August 26, Defendant must submit to the Court ex parte, for in camera review, what it considers to be 1-2 examples of its most clearly privileged documents for each of the categories to which Plaintiff objects. With respect to Defendants objections to Plaintiffs assertion of work-product doctrine and to the propriety of Plaintiff CRCMs third-party searches, Defendant may submit, by 9:00am tomorrow, a letter brief not to exceed 5 single-spaced pages. Plaintiffs may submit, by 9:00am on Saturday, August 26, a response not to exceed 5 single-spaced pages. At that time, Plaintiffs may also submit to the Court ex parte, for in camera review, 2 documents that it believes are most clearly entitled to work-product protection. The parties are directed to jointly call chambers on Monday, August 28, at 5:30pm for the Courts rulings. (Kotowski, Linda)
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Filing 40
NOTICE OF APPEARANCE by Chantale Fiebig on behalf of Getty Images Holdings, Inc...(Fiebig, Chantale)
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Filing 39
NOTICE OF APPEARANCE by Joshua Sanders Amsel on behalf of Getty Images Holdings, Inc...(Amsel, Joshua)
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Filing 38
NOTICE OF APPEARANCE by Mark Elliot Cuccaro on behalf of Alta Partners, LLC. Filed In Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-JSR.(Cuccaro, Mark)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/16/2023,without transcription or recording. Counsel for all parties was present. Alta Partners supplemental expert report served on August 8, 2023 is permitted. Getty Images may serve a response to that report, if it chooses, before that experts deposition. The final pretrial conference that had been scheduled for the above-captioned case on 9/8/2023 at 2:00pm is adjourned; the final pretrial conference will take place on 10/10/2023 at 2:00pm for both the above-captioned case and member case 23-cv-1074. See No. 1:23-cv-01074-JSR, Minute Entry of 06/21/2023. ( Final Pretrial Conference set for 10/10/2023 at 02:00 PM before Judge Jed S. Rakoff in courtroom 14B of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York City, New York.). (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/11/2023, without transcription or recording. Counsel for all parties was present, along with counsel for two non-parties. The Court approves the parties jointly proposed timeline for depositions of the present non-parties, with the understanding that the summary judgment briefing schedule and pretrial conference date remain unchanged. (Kotowski, Linda)
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Filing 37
PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/9/2023) Filed In Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-JSR (jca)
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Filing 36
NOTICE OF APPEARANCE by William D Savitt on behalf of CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Savitt, William)
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Filing 35
NOTICE OF APPEARANCE by Adam Michael Gogolak on behalf of CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Gogolak, Adam)
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Filing 34
NOTICE OF APPEARANCE by Nathaniel Desmons Cullerton on behalf of CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP..(Cullerton, Nathaniel)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: On 7/13/2023 The defendants application to file a sur-reply to the plaintiffs rebuttal reports is granted. Any such sur-reply must be issued by July 28, 2023. The defendants second application to compel all emails between plaintiff Alta Partners and other SPACs on the registration issue, aside from the 16 emails on this issue already produced is denied.. Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-JSR(Kotowski, Linda)
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Filing 33
ORDER granting (29) Motion to Compel in case 1:22-cv-08916-JSR. IT IS HEREBY ORDERED that CRCM shall collect, review, and produce all responsive, non-privileged documents in Ms. Yao's possession that are relevant to this litigation, including any documents in Ms. Yao's possession that CRCM and/or Ms. Yao contend are subject to Chinese privacy laws. (Signed by Judge Jed S. Rakoff on 7/6/2023) Filed In Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-JSR (tg)
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Filing 32
NOTICE OF APPEARANCE by Brachah Goykadosh on behalf of Alta Partners, LLC..(Goykadosh, Brachah)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/20/2023 without transcription or recording. Counsel for all parties were present. Plaintiffs application to submit an expert rebuttal report regarding defendants SEC expert is granted; any such report must be served no later than July 7. The parties joint request for a 3-month extension of discovery is denied.. (Kotowski, Linda)
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Filing 31
RESPONSE in Opposition to Motion re: #29 MOTION to Compel Plaintiffs to Produce Documents . . Document filed by CRCM INSTITUTIONAL MASTER FUND (BVI) LTD., CRCM SPAC OPPORTUNITY FUND LP. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(Rakower, Michael)
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Filing 30
RESPONSE in Opposition to Motion re: #29 MOTION to Compel Plaintiffs to Produce Documents . . Document filed by Alta Partners, LLC. (Attachments: #1 Exhibit A - Van Dorn Expert Report).(Sher, Justin)
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Filing 29
MOTION to Compel Plaintiffs to Produce Documents . Document filed by Getty Images Holdings, Inc...(Christensen, Evert)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/15/2023, conference without transcription or recording. Counsel for all parties were present. A four-day extension to the deadline for filing expert reports is granted to all parties. Plaintiffs expert reports are due by no later than 5/19/2023 and defendants export report(s) are due by no later than 6/9/2023. (Kotowski, Linda)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/3/2023, without transcription or recording. Counsel for Alta Partners, LLC, CRCM Institutional Master Fund Ltd., CRCM SPAC Opportunity Fund LP, and Getty Images Holdings, Inc. were present. Plaintiffs CRCM Institutional Master Fund Ltd. and CRCM SPAC Opportunity Fund LP may submit a rebuttal expert report by no later than 6/20/2023. The application of defendant Getty Images Holdings, Inc. to postpone expert reports until the close of fact discovery is denied. (Kotowski, Linda)
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Filing 28
ANSWER to #27 Amended Complaint,. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 27
FIRST AMENDED COMPLAINT amending 1 Complaint (FILED IN CASE 1:23-CV-1074 DOC #12) against Getty Images Holdings, Inc. with JURY DEMAND.Document filed by CRCM SPAC OPPORTUNITY FUND LP, CRCM INSTITUTIONAL MASTER FUND (BVI) LTD.. Related document: #1 Complaint..(Rakower, Michael) Modified on 3/23/2023 (gp).
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Filing 26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 2/17/2023 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...Filed In Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-JSR.(McGuirk, Kelly)
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Filing 25
TRANSCRIPT of Proceedings re: CONFERNECE held on 2/17/2023 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Lisa Picciano Franko, (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 3/24/2023. Redacted Transcript Deadline set for 4/3/2023. Release of Transcript Restriction set for 6/1/2023.Filed In Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-JSR.(McGuirk, Kelly)
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Filing 24
NOTICE OF APPEARANCE by Robert Maxwell Tanner on behalf of Alta Partners, LLC..(Tanner, Robert)
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Filing 23
NOTICE OF APPEARANCE by Maya Brodziak on behalf of Alta Partners, LLC..(Brodziak, Maya)
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Filing 22
ANSWER to Complaint. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 21
ANSWER to #18 Amended Complaint,. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Minute Entry for proceedings held before Judge Jed S. Rakoff:. Oral Argument set for 3/17/2023 at 12:00 PM before Judge Jed S. Rakoff. (Kotowski, Linda)
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Filing 20
CIVIL CASE MANAGEMENT PLAN: The case is to be tried to a jury. Motion to Dismiss:- Moving - 2/27, Answering -3/6, Reply - 3/13, Oral Arg. - 3/17 at noon. Bottom-line Decision 3/24. Motions due by 8/11/2023. Responses due by 8/25/2023 Replies due by 9/1/2023. Deposition due by 7/28/2023. Discovery due by 7/28/2023. Oral Argument set for 3/17/2023 at 12:00 PM before Judge Jed S. Rakoff. Final Pretrial Conference set for 9/8/2023 at 02:00 PM before Judge Jed S. Rakoff. Ready for Trial by 9/8/2023. (Signed by Judge Jed S. Rakoff on 2/17/2023) (kv)
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Filing 19
ORDER: On the consent of all parties, see transcript 2/17/2023, the above-captioned cases are hereby consolidated through the close of discovery. The Clerk of the Court is respectfully directed to consolidate the cases under the docket number 22-cv-8916 but bearing both captions. SO ORDERED. (Signed by Judge Jed S. Rakoff on 2/17/2023) Filed In Associated Cases: 1:22-cv-08916-JSR, 1:23-cv-01074-UA (kv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/8/2023, without transcription or recording. Counsel for plaintiff and for defendant were present. Defendants deadline to answer or move to dismiss is adjourned until the conference of 2/17/2023. (Kotowski, Linda)
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Filing 18
FIRST AMENDED COMPLAINT amending #1 Complaint against Getty Images Holdings, Inc. with JURY DEMAND.Document filed by Alta Partners, LLC. Related document: #1 Complaint. (Attachments: #1 Exhibit Exhibit A to the Amended Complaint - Warrant Agreement).(Sher, Justin)
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Filing 17
DECLARATION of Evert J. Christensen, Jr. in Support re: #15 MOTION to Dismiss the Complaint.. Document filed by Getty Images Holdings, Inc.. (Attachments: #1 Exhibit A - CCNB Form 8-K (dated Aug. 4, 2020), #2 Exhibit B - Warrant Agreement (dated Aug. 4, 2020), #3 Exhibit C - Getty Images Form S-4 (dated Jan. 18, 2022), #4 Exhibit D - Getty Images Form 8-K Excerpt (dated July 28, 2022), #5 Exhibit E - Getty Images Form S-1 Excerpt (dated Aug. 9, 2022), #6 Exhibit F - Getty Images Form 8-K Excerpt (dated Sept. 19, 2022), #7 Exhibit G - SEC Notice of Removal (dated Oct. 19, 2022), #8 Exhibit H - Chart of Precedent Transactions).(Christensen, Evert)
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Filing 16
MEMORANDUM OF LAW in Support re: #15 MOTION to Dismiss the Complaint. . Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 15
MOTION to Dismiss the Complaint. Document filed by Getty Images Holdings, Inc.. Responses due by 1/31/2023 Return Date set for 2/17/2023 at 04:30 PM..(Neuwirth, John)
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Filing 14
NOTICE OF APPEARANCE by Amanda Pooler on behalf of Getty Images Holdings, Inc...(Pooler, Amanda)
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Filing 13
STIPULATION AND ORDER OF SUBSTITUTION OF COUNSEL: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned counsel and pursuant to Local Civil Rule 1.4, that the law firm of Sher Tremonte LLP hereby is substituted in place and in the stead of the law firm of Cadwalader, Wickersham & Taft LLP as counsel of record for Plaintiff Alta Partners, LLC in the above-captioned action. PLEASE TAKE NOTICE that all pleadings, notices, and other filings in the matter be served upon the undersigned incoming counsel at the address set forth below. The substitution of counsel is hereby approved and so ordered. Attorney Justin M. Sher for Alta Partners, LLC added. Attorney Nicholas A. Gravante, Jr terminated. (Signed by Judge Jed S. Rakoff on 1/7/2023) (kv)
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Filing 12
NOTICE OF COURT CONFERENCE: No application for adjournment will be considered unless made within one week of the date of this notice. The fact that any party has not answered the complaint does not excuse attendance by that party or warrant any adjournment of the conference. Initial Conference set for 2/17/2023 at 04:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 1/4/2023) (kv)
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Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/12/2022,without transcription or recording. Counsel for plaintiff and defendant were present. Moving papers for defendants motion to dismiss are due by no later than 1/10/2023. Opposition papers are due by no later than 1/31/2023. Reply papers are due by 2/14/2023. Oral argument to be held at 4:30 PM on 2/17/2023, in Courtroom 14B, the Daniel Patrick Moynihan U.S. Courthouse, 500 Pearl St., New York, NY. ( Oral Argument set for 2/17/2023 at 04:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda)
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Filing 11
NOTICE OF APPEARANCE by Justin M. Sher on behalf of Alta Partners, LLC..(Sher, Justin)
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Filing 10
NOTICE OF APPEARANCE by Evert John Christensen on behalf of Getty Images Holdings, Inc...(Christensen, Evert)
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Filing 9
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 8
NOTICE OF APPEARANCE by John A. Neuwirth on behalf of Getty Images Holdings, Inc...(Neuwirth, John)
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Filing 7
NOTICE of Substitution of Attorney. Old Attorney: Nicholas Gravante, Jr., Ellen Holloman, Adam Magid, Samuel Mann, New Attorney: Justin Sher, Address: Sher Tremonte LLP, 90 Broad Street, 23rd Floor, New York, NY, United States 10004, 2122022600. Document filed by Alta Partners, LLC..(Sher, Justin)
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Filing 6
WAIVER OF SERVICE RETURNED EXECUTED. Getty Images Holdings, Inc. waiver sent on 10/21/2022, answer due 12/20/2022. Document filed by Alta Partners, LLC..(Gravante, Nicholas)
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Filing 5
ELECTRONIC SUMMONS ISSUED as to Getty Images Holdings, Inc.. (vf)
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***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nicholas A. Gravante, Jr. The following case opening statistical information was erroneously selected/entered: Nature of Suit code 140 (Negotiable Instrument); County code Nassau. The following correction(s) have been made to your case entry: the Nature of Suit code has been modified to 190 (Contract: Other); the County code has been modified to XX Out of U.S. (vf)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
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Case Designated ECF. (vf)
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Magistrate Judge Sarah L. Cave is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
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Filing 4
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alta Partners, LLC..(Gravante, Nicholas)
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Filing 3
REQUEST FOR ISSUANCE OF SUMMONS as to Getty Images Holdings, Inc., re: #1 Complaint. Document filed by Alta Partners, LLC..(Gravante, Nicholas)
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Filing 2
CIVIL COVER SHEET filed..(Gravante, Nicholas)
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Filing 1
COMPLAINT against Getty Images Holdings, Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-26840174)Document filed by Alta Partners, LLC..(Gravante, Nicholas)
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