Google LLC v. Saeed et al.
| ABC and Google LLC |
| DEF, Zubair Saeed, Raheel Arshad and Mohammad Rasheed Siddiqui |
| 1:2023cv03369 |
| April 21, 2023 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Valerie E Caproni |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 23, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 LETTER addressed to Judge Valerie E. Caproni from Andrew S. Pak dated June 15, 2023 re: Status Update. Document filed by Google LLC..(Pak, Andrew) |
| Filing 32 CERTIFICATE OF SERVICE of the Order to Show Cause for Default Judgment (Dkt. 31) served on Defendants Zubair Saeed, Raheel Arshad and Mohammad Rasheed Siddiqui on 05/25/2023. Document filed by Google LLC..(Pak, Andrew) |
Filing 31
ORDER TO SHOW CAUSE FOR DEFAULT JUDGMENT: ORDERED that Defendants Zubair Saeed, Raheel Arshad, Mohammad Rasheed Siddiqui, and Does 1-15 show cause why, if any there be, before the Honorable Valerie E. Caproni, District Judge for the United States District Court for the Southern District of New York, at 10:00 o'clock in the A.M., on the 23 day of June 2023, at the United States Courthouse, Courtroom 443, 40 Foley Square, New York, New York 10007, why a default judgment should not be entered, ordering a permanent injunction. Service of the within Order and the papers upon which it is based shall be served by email and mobile text on the Defendants on or before June 1, 2023, through any of the methods as authorized by the Ex Parte Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction, ECF No. 13 (TRO). Answering papers, if any, shall be served by e-filing the answering papers pursuant to the procedures for electronic filing as are in effect for the United States District Court for the Southern District of New York, and by delivering a copy of the same to the offices of Perkins Coie LLP, attorneys for Plaintiff Google LLC, by electronic mail to apak@perkinscoie.com on or before the 9 day of June, 2023. The Defendants are advised that failure to respond to the Order to Show Cause may be grounds for granting a default judgment against the non-responding Defendant, in which event any such Defendant will have no trial. The plaintiffs shall file proof of service of this Order to Show Cause by June 1, 2023. Plaintiff's reply, if any, is due no later than June 16, 2023. Plaintiff must file proof of Defendants' receipt of this Order no later than June 8, 2023. SO ORDERED. Show Cause Hearing set for 6/23/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 5/25/2023) (tg)
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| Filing 30 PROPOSED DEFAULT JUDGMENT pursuant to FRCP 55(b)(2). Document filed by Google LLC..(Pak, Andrew) Proposed Default Judgment to be reviewed by Clerk's Office staff. |
| Filing 29 AFFIDAVIT of Andrew Sun Pak in Support re: #28 Proposed Order to Show Cause Without Emergency Relief. Document filed by Google LLC. (Attachments: #1 Exhibit 1 - Email Correspondence, #2 Exhibit 2 - Text Message Exchange).(Pak, Andrew) |
| Filing 28 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Google LLC. Related Document Number: #27 ..(Pak, Andrew) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. |
| Filing 27 CLERK'S CERTIFICATE OF DEFAULT as to Defendants Zubair Saeed, Raheel Arshad, Mohammad Rasheed Siddiqui, Doe 1, Doe 2, Doe 3, Doe 4, Doe 5, Doe 6, Doe 7, Doe 8, Doe 9, Doe 10, Doe 11, Doe 12, Doe 13, Doe 14, and Doe 15. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED DEFAULT JUDGMENT. Document No. #30 Proposed Default Judgment was reviewed and approved as to form. (tp) |
| ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #28 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (tp) |
| Filing 26 AFFIDAVIT of Andrew Sun Pak in Support re: #25 Proposed Clerk's Certificate of Default. Document filed by Google LLC..(Pak, Andrew) |
| Filing 25 PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Google LLC..(Pak, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). |
| Filing 24 FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Andrew Sun Pak in Support re: #23 Proposed Clerk's Certificate of Default. Document filed by Google LLC..(Pak, Andrew) Modified on 5/17/2023 (km). |
| Filing 23 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Google LLC..(Pak, Andrew) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 5/17/2023 (km). |
| Filing 22 CERTIFICATE OF SERVICE of Document Nos. 6, 7, 8, 10, 11, 13, 14, 15 and 16 on the Case Docket served on Defendants on 04/25/2023. Service was made by E-Mail. Document filed by Google LLC..(Pak, Andrew) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Andrew Pak. RE-FILE Document No. #23 Proposed Clerk's Certificate of Default,. The filing is deficient for the following reason(s): The defendants that are in default need to be listed individually on the clerk's certificate (not just defendants are in default). Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies) who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service. Refile the Affidavit under Other Answers, Affidavit in support of a non-motion. (km) |
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Filing 20
PRELIMINARY INJUNCTION ORDER: THE COURT HEREBY FINDS THAT: Jurisdiction and Venue This Court has federal question jurisdiction over Google's claims under RICO, the Computer Fraud and Abuse Act, and the Lanham Act under 28 U.S.C. 1331. This Court also has jurisdiction over the Lanham Act 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 by this Order. IT IS FURTHER ORDERED that Google's submission of the $75,000 bond to the Clerk made in connection with this Court's temporary restraining order satisfies the requirements this Court's preliminary injunction. See ECF 13 at 13. No additional bond is necessary. IT IS FURTHER ORDERED, that Google shall file a status report on June 15, 2023. So ordered. (Signed by Judge Valerie E. Caproni on 5/5/2023) (tg) Transmission to Finance Unit (Cashiers) for processing.
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| Minute Entry for proceedings held before Judge Valerie E. Caproni: Show Cause Hearing held on 5/4/2023. Attorneys Andrew Pak and Margot Adams present for the plaintiff. No defendant appeared. Court Reporter Sadie Herbert present. (anc) |
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Filing 19
ORDER GRANTING PRO HAC VICE ADMISSION granting #17 Motion to Appear Pro Hac Vice. The motion of Margot Adams for admission to practice pro hac vice in the above-captioned action is granted. As further set forth by this Order. (Signed by Judge Valerie E. Caproni on 5/3/2023) (tg)
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| Filing 18 CERTIFICATE OF SERVICE of Document Nos. 6-8, 10, 11 and 13-16 from the Case Docket served on Defendants Zubair Saeed, Raheel Arshad and Mohammad Rasheed Siddiqui on 04/24/2023 and 04/25/2023. Document filed by Google LLC..(Pak, Andrew) |
| >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Margot Adams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27682403. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (sgz) |
| Filing 17 MOTION for Margot Adams to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27682403. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Google LLC. (Attachments: #1 Affidavit of Margot Adams in Support with Certificate of Good Standing, #2 Text of Proposed Order - Proposed Order).(Adams, Margot) |
| Filing 21 LETTER MOTION addressed to Judge Valerie E. Caproni from Andrew S. Pak dated 4/24/2023 re: Google respectfully requests that the Court unseal the docket and add Plaintiff Google LLC and Defendants Zubair Saeed, Raheel Arshad, Mohammad Rasheed Siddiqui, and Does 1-15 to the caption as parties. A proposed order is attached as Exhibit 1. Document filed by Google LLC. (js) |
| Filing 16 DECLARATION of ANDREW SUN PAK IN SUPPORT OF PLAINTIFF'S APPLICATION BY ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER: (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). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*(js) |
| Filing 15 DECLARATION of DAVID J. YOUSSEF: Document filed by Google LLC. (Attachments: #1 Exhibit 1A, #2 Exhibit 1B, #3 Exhibit 1C, #4 Exhibit 1D, #5 Exhibit 1E, #6 Exhibit 1F, #7 Exhibit 2A, #8 Exhibit 2B, #9 Exhibit 2C, #10 Exhibit 2D, #11 Exhibit 3A, #12 Exhibit 3B, #13 Exhibit 3C, #14 Exhibit 3D, #15 Exhibit 4A, #16 Exhibit 4B, #17 Exhibit 4C, #18 Exhibit 5A, #19 Exhibit 5B, #20 Exhibit 6, #21 Exhibit 7, #22 Exhibit 8, #23 Exhibit 9A, #24 Exhibit 9B, #25 Exhibit 10A, #26 Exhibit 10B, #27 Exhibit 11, #28 Exhibit 12, #29 Exhibit 13, #30 Exhibit 14, #31 Exhibit 15, #32 Exhibit 16A, #33 Exhibit 16B, #34 Exhibit 16C, #35 Exhibit 16D, #36 Exhibit 16E, #37 Exhibit 16F, #38 Exhibit 16G, #39 Exhibit 16H, #40 Exhibit 16I, #41 Exhibit 16J, #42 Exhibit 16K, #43 Exhibit 16L, #44 Exhibit 16M, #45 Exhibit 16N, #46 Exhibit 16O, #47 Exhibit 16P, #48 Exhibit 16Q, #49 Exhibit 16R, #50 Exhibit 17A, #51 Exhibit 17B, #52 Exhibit 18, #53 Exhibit 19, #54 Exhibit 20, #55 Exhibit 21, #56 Exhibit 22, #57 Exhibit 23, #58 Exhibit 24A, #59 Exhibit 24B, #60 Exhibit 25A, #61 Exhibit 25B, #62 Exhibit 25C, #63 Exhibit 26, #64 Exhibit 27, #65 Exhibit 28, #66 Exhibit 29, #67 Exhibit 30, #68 Exhibit 31, #69 Exhibit 32, #70 Exhibit 33, #71 Exhibit 34). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
| Filing 14 GOOGLES MEMORANDUM OF LAW IN SUPPORT OF ITS APPLICATION BY ORDER TO SHOW CAUSE FOR A TEMPORARY RESTRAINING ORDER: In accordance with the foregoing, Google respectfully requests that this Court grants its motion for a temporary restraining order, asset freeze order, and order to show cause why a preliminary injunction should not iss ue. Google further requests that the Court permit notice of the preliminary injunction hearing and service of the complaint by alternative means. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4* Document filed by Google LLC..(js) |
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Filing 13
EX PARTE TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION: THE COURT HEREBY FINDS THAT: This Court has federal question jurisdiction over Google's claims under RICO, the Computer Fraud and Abuse Act, and the Lanham Act under 28 U.S.C. 1331. This Court also has jurisdiction over the Lanham Act 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 in this order. 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: as further set forth in this order. IT IS FURTHER ORDERED that Google shall post bond in the amount of $75,000 to be paid into the Court registry. IT IS FURTHER ORDERED, pursuant to Federal Rule of Civil Procedure 65(b), that Max 4, 2023 10:30 A.M. the Defendants shall appear before this Court on May 4, 2023 at 10:30 A.M. to show cause, if there is any, why this Court should not enter a 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 April 28, 2023. This Order was issued ex parte and without notice to the Defendants because the Court finds that notice to the Defendants would allow Defendants to relocate their infrastructure to new domains or servers, thereby frustrating Plaintiff's efforts to disrupt their unlawful activity. The show cause hearing will be held on Thursday, May 4, 2023 at 10:30 A.M. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. This Order remains valid for 14 days. SO ORDERED. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4* (Show Cause Hearing set for 5/4/2023 at 10:30 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 4/21/2023) (js)
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| Filing 12 PROPOSED TEMPORARY RESTRAINING ORDER. Document filed by Google LLC. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
| Filing 11 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate XXVI Holdings Inc., Other Affiliate Alphabet Inc. Document filed by Google LLC. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
| Filing 10 COMPLAINT against Raheel Arshad, Zubair Saeed, Mohammad Rasheed Siddiqui. Document filed by Google LLC. (Attachments: #1 Appendix A, #2 Appendix B). ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
| Filing 9 SUMMONS ISSUED as to Zubair Saeed. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
| Filing 8 SUMMONS ISSUED as to Mohammad Rasheed Siddiqui. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
| Filing 7 SUMMONS ISSUED as to Raheel Arshad. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
| Filing 6 CIVIL COVER SHEET filed. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4*.(js) |
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Filing 5
ORDER TO FILE CASE UNDER SEAL: Plaintiff, having moved to file a new civil case under seal in the traditional manner, in paper form, and the Court having reviewed the application and having found sufficient cause under Federal Rule of Civil Procedure 5.2(d) to order this case to be filed under seal, it is hereby ORDERED that this case may be filed under seal. The parties are directed to proceed in accordance under seal found in the ECF Rules & Instructions, Rule 6.14, and present the case initiating documents to the Clerk of Court in the traditional manner, in paper form. The Clerk is directed to restrict access to this Order to the selected party viewing level and close this case. This order authorizing sealed filing will expire 21 days from the date hereof absent extension by the assigned district judge. So ordered. ***This document was previously filed under seal in envelope 2 and unsealed by docket entry 4* (Signed by Judge Laura Taylor Swain on 4/21/2023) (js)
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Filing 4
ORDER TO UNSEAL CASE: 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 Zubair Saeed, Raheel Arshad, Mohammad Rasheed Siddiqui, 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 Court's ECF system. (Signed by Judge Valerie E. Caproni on 4/25/2023) (js) Modified on 4/26/2023 (js).
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| Filing 3 SEALED DOCUMENT placed in vault. (nmo) |
| Filing 2 SEALED DOCUMENT placed in vault. (nmo) |
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Filing 1
***Sealed*** ORDER, Case sealed. (Signed by Judge Laura Taylor Swain on 04/21/2023) (nmo)
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| Magistrate Judge Valerie Figueredo 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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