Martin et al v. Outbrain Inc. et al
Plaintiff: Ben J. Martin and Nubai Ventures Inc.
Defendant: Outbrain Inc., David Kostman and Yaron Galai
Case Number: 1:2023cv09204
Filed: October 19, 2023
Court: US District Court for the Southern District of New York
Presiding Judge: Dale E Ho
Referring Judge: Dale E Ho
Nature of Suit: Racketeer/Corrupt Organization
Cause of Action: 15 U.S.C. ยง 1331 Federal Cigarette Labeling & Advertising Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 12, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 12, 2023 Opinion or Order Filing 7 ORDER granting #5 Motion for Extension of Time to File. It is hereby ORDERED that Plaintiff's application is GRANTED. Plaintiff shall file the required notice of appearance or, alternatively, declaration by January 5, 2024. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 5. SO ORDERED.. (Signed by Judge Dale E. Ho on 12/12/2023) (ks)
December 11, 2023 Filing 6 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Ben J. Martin consents to receive electronic service via the ECF system. Document filed by Ben J. Martin.(sc)
December 11, 2023 Filing 5 NOTICE OF MOTION for Extension of Time to File Notice of Appearance. Document filed by Ben J. Martin.(sc)
December 7, 2023 MAILING RECEIPT: Document No: 4. Mailed to: Ben J. Martin Wells Fargo Plaza 333 SE 2nd Avenue #2000 Miami, FL 33131. (sha)
December 5, 2023 Opinion or Order Filing 4 ORDER: Plaintiff Ben J. Martin appears pro se and asserts claims for damages on behalf of himself and Plaintiff Nubai Ventures Inc. ("Nubai"). An order issued October 27, 2023, directed Plaintiff Martin to file a notice of appearance or declaration as to why Plaintiff could assert claims on behalf of Nubai by December 1, 2023. No such declaration or appearance was filed. It is hereby ORDERED that Plaintiff Martin shall file the required notice of appearance or declaration with respect to Nubai as soon as possible and no later than December 15, 2023. The Clerk of Court is respectfully directed to mail a copy of this Order to Plaintiff. SO ORDERED (Signed by Judge Dale E. Ho on 12/04/2023) (ama)
October 31, 2023 MAILING RECEIPT: Document No: 3. Mailed to: Ben J. Martin Wells Fargo Plaza 333 SE 2nd Avenue #2000 Miami, FL 33131. (sha)
October 27, 2023 Opinion or Order Filing 3 ORDER: The Court grants Plaintiff Nubai 30 days' leave to show the Court, by the filing of a notice of appearance, that it is being represented by an attorney in this action or to file a declaration that explains why Plaintiff Martin is permitted to assert claims in this action on behalf of Plaintiff Nubai pro se. Plaintiffs shall file the required notice of appearance or declaration by December 1, 2023. A declaration form is attached to this order for Plaintiff Martin's convenience. Defendants need not respond to this action until directed by the Court. The Court certifies under 28 U.S.C. 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 444-45 (1962) (holding that an appellant demonstrates good faith when he seeks review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Dale E Ho on 10/27/2023) (ks)
October 24, 2023 Filing 2 AFFIDAVIT OF SERVICE of Summons and Complaint. Outbrain Inc., served on 10/20/2023, answer due 11/13/2023. Service was accepted by Minaro Carkiner, CSC, 80 State St., Albany, NY 12207. Document filed by Ben J. Martin; Nubai Ventures Inc.. (sc)
October 19, 2023 Filing 1 COMPLAINT against Yaron Galai, David Kostman, Outbrain Inc. . (Filing Fee $ 402.00, Receipt Number 22408) Document filed by Ben J. Martin. (Attachments: #1 Exhibit Receipt).(rdz) Modified on 10/20/2023 (rdz).
October 19, 2023 Case Designated ECF. (rdz)
October 19, 2023 SUMMONS ISSUED as to Yaron Galai, David Kostman, Outbrain Inc...(rdz)
October 19, 2023 Magistrate Judge Ona T. Wang is designated to handle matters that may be referred in this case. 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. (rdz)

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Plaintiff: Ben J. Martin
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Plaintiff: Nubai Ventures Inc.
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Defendant: Outbrain Inc.
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Defendant: David Kostman
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Defendant: Yaron Galai
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